Cases
Experience: Representative Engagements: Export Controls
Designed compliance program for design collaboration between Asia countries
the United States on new automotive technologies for one of the world's largest auto manufacturers
Advised multiple international semiconductor companies on compliance with new MEU
Foreign Direct Product rules
Advised multiple clients on compliance
structuring implications of the changes in export regulatory treatment of Hong Kong
Advised numerous European companies on U,S, reexport
EU Dual Use regulations
Advised clients in the United States, Europe
Asia on business implication
compliance issues raised by the Executive Orders targeting WeChat
TikTok
Secured U.S. government approval for the export of test equipment for an Israeli aerospace program
Advised on structuring of new Asian investment in a Middle Eastern satellite operator
Secured EU approval for the export of test equipment on a South Korean aerospace program
Secured approval of deemed exports for a new industrial furnace R&D program
Defended a U.S. high-tech manufacturer in a highly publicized U.S. government export enforcement proceeding leading to dismissal of criminal charges
Advised on export control compliance safeguards in an avionics joint venture for a new Chinese commercial jet program
Conducted global export control review under EAR
ITAR for a multinational construction engineering firm
Prepared global export compliance procedures for a multinational pharmaceutical manufacturer
Advised an Asian satellite company concerning various ITAR compliance matters
Advised a U.S. satellite company concerning subcontracting subject to ITAR
commodity jurisdiction requests
Advised a U.S. laser manufacturer concerning export classification
licensing issues relating to Israel
China
Prepared an export compliance program for EU R&D programs of a large, global telecommunications equipment manufacturer
Advised numerous semiconductor
electronics manufacturers on technical classification issues under Categories 3
5 of the CCL
EU Control List
Counseled a Fortune 100 electronics company on a wide range of U.S., EU
Chinese encryption control issues
Counseled a Fortune 100 aerospace company concerning civilian
military export control matters, including controls relating to encryption
composites
Reviewed
implemented global TAA
MLA compliance for a U.S.-based services firm supporting foreign production of military aircraft components on numerous U.S. programs
Performed a global review of military
civilian export compliance for a leading U.S. government contractor with thous
s of employees in foreign locations
Assisted a U.S.-based medical device manufacturer with worldwide export of products incorporating encryption features
Represented a manufacturer of high-speed microprocessors in ITAR classification of specialized microprocessors
Provided a series of civilian
military export control training programs to global telecommunications hardware
software manufacturers
Advised various Fortune 500 companies in the electronics, aerospace
computer industries concerning export controls for joint ventures
subsidiary operations in China, including compliance with special U.S. export restrictions applicable to China
Implemented a global export compliance system for a U.S. computer manufacturer
Conducted a global export investigation for a U.S. telecommunications company involving the gathering of evidence
interviewing of witnesses in the U.S., Singapore, New Delhi, Amsterdam
Frankfurt
Advised a Fortune 500 chemical company concerning export
technology transfer issues related to construction of a manufacturing facility in Brazil
Obtained one of the first licenses for export
reexport of telecommunications equipment for Libya's mobile phone network following the end of U.S. Libyan sanctions
Designed
implemented a global export
import compliance system for a U.S.-based telecommunications equipment manufacturer
CFIUS, Cross-Border Transactions
Due Diligence
Secured CFIUS clearance for acquisition of U.S. defense sector electronics manufacturer by European public company in the defense sector
Structured multiple foreign investment transactions based upon the new CFIUS rules concerning U.S.-based investment funds, TID businesses
real estate investment
Secured CFIUS clearance for acquisition of U.S. telecom technology company by European government controlled telecom operator
Secured CFIUS clearance for French fund's acquisition of a controlling interest in multinational defense systems manufacturer
Resolved export, national security
OFAC compliance due diligence issues in numerous telecom, semiconductor
technology acquisitions involving Asia
the U.S.
Advised on appropriate structuring of Asian investment in U.S. news organization
Obtained U.S. State Department clearance for the sale of a satellite investment by a European investment company to an Asian sovereign fund
Obtained U.S. State Department clearance for the complex international privatization of a satellite operator
Formulated due diligence steps, sourcing strategies
supplier certifications for various U.S. issuers
their suppliers pursuant to the Conflict Minerals Rules issues by the SEC
Led team structuring cross-border licensing of IP, including cost sharing agreements,
related business planning for a CAC40 multinational
Successfully negotiated acquisition
export of German equipment from receivership of joint venture in China
import into the U.S. for U.S. importer
Conducted transactional due diligence in China under the FCPA
local anti-corruption laws concerning the proposed Chinese joint venture partner of a U.S. pharmaceutical company
Counseled a U.S.-based software company with respect to due diligence on international regulatory compliance for a series of global acquisitions
Conducted export compliance due diligence for a U.S.-based telecommunications equipment manufacturer with respect to two global acquisitions
Counseled a U.S. manufacturer of research chemicals in the formation of its Thai subsidiary
compliance with Thai regulations in the chemical industry
Advised a large U.S.-based construction engineering company concerning a construction project in Libya
Unmanned Aircraft
Successfully resolved aircraft certification
registration issues with the FAA concerning test flights of large UAS
eVTOL by U.S. subsidiary of Asia manufacturer
Represented Asian manufacturer in negotiation of supply agreement for unmanned aircraft components for the U.S. market
Advised multiple U.S. companies with respect to compliance with FAA COA waivers, operational limitations, manufacturing requirements
registration of large
small UAS
Made in USA & Buy American
Advised telecommunications systems operator on sector-specific Buy American st
ards
qualification of equipment
Advised large manufacturer of personal computers on Buy American requirements applicable to federal agency procurements
Formulated
vetted manufacturing flows of musical instrument manufacturer to comply with FTC requirements for unqualified
qualified Made in the USA marking
Formulated Made in USA compliance system
compliant product markings for a television manufacturer distributing widely in the United States
Advised numerous apparel companies in Asia, Europe
the Americas concerning labeling requirements
Made in USA marking issues
Represented Asian manufacturer in negotiation of supply agreement for unmanned aircraft components for the U.S. market
Advised multiple U.S. companies with respect to compliance with FAA COA waivers, operational limitations, manufacturing requirements
registration of large
small UAS
Customs
Free Trade Agreements
Successfully defended large automotive manufacturer in multi-year verification under the Korea-U.S. FTA
Resolved various country of origin, classification
valuation cases involving automotive imports into the U.S., EU, South America
the Middle East
Formulated corporate structures
manufacturing flows for qualification of North American automotive products under the new USMCA/TMEC
Designed Korea-U.S. FTA compliance system for qualification
documentation of U.S. manufactured automotive products
Formulated compliance procedures for origin qualification
marking of refrigeration products exported between Mexico, the U.S., Colombia
Brazil under applicable FTAs
Advised U.S. electronics manufacturer concerning country of origin
related BAA/TAA qualification of products with complex sourcing of components from various countries
Successfully defended a high-volume U.S. lumber importer in a customs enforcement matter leading to the dismissal of $2 million in proposed penalties
Successfully petitioned for relief of U.S. airline from customs penalty for alleged failure to declare entry of certain parts returned from foreign aircraft maintenance
repair station
Designed airline customs import compliance procedures for initiation of service to new international destinations, including foreign repair stations
Secured CBP headquarters reversal of proposed penalty relating to certain airline stores entering the U.S.
Negotiated customs compliance provisions for various international aircraft sales
component supply agreements on behalf of a leading aircraft manufacturer
Advised U.S. airline on WTO Agreement of Trade in Civil Aircraft
various FTA provisions on aircraft parts
H
led country of origin qualification of solar manufacturer's products for use in U.S. projects
Advised various U.S. importers concerning scope issues under AD/CVD orders
Represented large Korean multinational in negotiations with the U.S. government concerning NAFTA qualified production of electrical components in Mexico
Advised the U.S. subsidiary of a Japanese electronics manufacturer concerning the NAFTA certification of products assembled in Mexico with components manufactured in a number of Asian countries
Represented large U.S. retailer in various customs seizure cases
Advised solar
electronics manufacturers concerning FTZ qualification
operational issues
Counseled the U.S. subsidiary of a multi-billion dollar consumer
luxury br
s company concerning first sale rules, buyer's agent agreements
other customs compliance issues
Prepared a global analysis of relative FTA
Customs benefits of alternative manufacturing flows for the manufacture
assembly of electronics components in China, Mexico
the U.S. for ultimate export to various countries in Latin America, Europe
Asia
Designed
implemented a global import compliance system for a U.S.-based telecommunications equipment manufacturer
Prepared a global analysis of customs duty
other indirect tax savings opportunities based upon alternative sourcing of components for a British consumer products company
Implemented a global import compliance system for a U.S. computer manufacturer
Conducted an internal customs investigation in Singapore, Cyprus
Latin America for Swiss-based consumer products company
Economic Sanctions, USA Patriot Act
Anti-Boycott Compliance
Successfully resolved issues with OFAC concerning telecommunication operations relating to various countries in Africa, Europe, Asia
Latin America subject to economic sanctions
Provided global compliance training
anti-boycott compliance program for one of the world's largest pharmaceutical companies
Successfully resolved Exim Bank sanctions compliance disclosures for an Asian aerospace customer of a U.S. manufacturer
Successfully defended a UK-based multinational professional services firm in a U.S. sanctions investigation
Advised international clients with respect to the Iran Threat Reduction Act, Comprehensive Iran Sanctions, Accountability
Divestment Act, EU Council Regulations
other new U.S.
EU measures relating to Iran
Syria
Counseled multinational telecommunications services providers in Asia
Latin America concerning the latest U.S.
multilateral sanctions affecting telecommunications operations relating to Iran, Burma, North Korea, Syria
Cuba
Counseled one of the world's largest offshore drilling companies concerning a variety of international financial, contractual, management
staffing issues related to compliance with U.S. economic sanctions
Designed appropriate USA Patriot Act due diligence procedures, representations
warranties for a Middle Eastern financial institution with U.S. real estate investments
Counseled one of the world's largest oilfield services companies on issues relating to compliance with U.S. economic sanctions relating to Libya
Designed, implemented
provided personnel training for a global economic sanctions compliance program for a U.S.-based real estate services firm
Conducted an internal investigation, voluntary OFAC disclosure
settlement of charges (for less than 1% of maximum penalty exposure) for an internet-based provider of travel reservations services
Successfully represented a U.S.-based research chemicals company
its Canadian subsidiary in a Canadian dispute relating to compliance with the U.S. Cuban sanctions
Canada's Foreign Extraterritorial Measures Act
Prepared foreign sovereign immunity defense for a Japanese state-owned company in a U.S. economic sanctions investigation
Defended one of the largest U.S. banks in a Treasury Department sanctions enforcement case leading to favorable settlement of proposed penalties
Defended a European manufacturer in one of the largest U.S. government anti-boycott investigations ever conducted
Counseled multinationals in the telecommunications, cosmetics
paper pulp industries with regard to the anti-boycott regulations
the reporting of boycott-related requests
Foreign Corrupt Practices Act
Conducted an FCPA investigation involving Ecuador, Peru
Venezuela on behalf of the U.S. oil
gas subsidiary of one of Japan's largest corporations
Conducted a global FCPA investigation for a multinational consumer products company with the gathering of evidence
interviewing of witnesses in Asia, Europe
Latin America
Conducted an FCPA investigation in Mexico on behalf of a Fortune 100 electronics manufacturer
Counseled the U.S. subsidiary of a multi-billion dollar consumer
luxury br
s company concerning FCPA issues, including design of a corporate FCPA compliance system
Counseled a U.S. telecommunications software company with respect to FCPA compliance matters, including the design of its corporate compliance program
recurring FCPA training
Advised a U.S.-based energy company concerning FCPA compliance issues in Australia, including analysis of Australia's counterpart to the FCPA
Advised a U.S.-based chemical manufacturer concerning FCPA compliance issues arising in Southeast Asia
Designed an FCPA
foreign anti-corruption law compliance program for Israeli-based manufacturer of security equipment
Designed an FCPA compliance program for a leading French manufacturer
retailer of consumer products
Designed an FCPA
Chinese anti-corruption compliance program for the Chinese operations of U.S. Fortune 100 electronics company
International Arbitration
Other Disputes
Represented an Asian electronics company in large scale ICC arbitration of claims with U.S. customer
Represented a PRC based telecommunications equipment manufacturer in successful arbitration of claims against U.S. multinational relating to distribution of products in Latin America
Represented U.S.-based retailer in successful resolution of claims for unauthorized use of IP by Chinese licensee
Successfully defended U.S. purchaser with respect to claims arising from import of non-conforming agricultural products from China
Lead counsel for U.S. pharmaceutical manufacturer in an ICC arbitration with its Jordanian joint venture partner
case settled for less than 5% of the amount claimed
Successfully defended
prevailed on counterclaim for U.S. telecommunications company in an ad hoc London arbitration arising from operations in Kuwait
Successfully defended one of the world's largest hotel companies against claims in an LCIA arbitration brought by its Dubai business partner
Counsel to State of Kuwait in United Nations Compensation Commission proceedings concerning claims of Kuwait government Ministries against Iraq, with primary responsibility for claims concerning the Kuwait Emergency Reconstruction Office, Prisoners of War
the Ministries of Health, Finance
Foreign Affairs
Litigated more than a dozen aviation liability cases under the Foreign Sovereign Immunities Act involving various state-owned airlines
Negotiated
resolved disputes with suppliers in China, Italy, Japan, Korea, the United Kingdom
other jurisdictions on behalf of Fortune 100 aerospace manufacturer
Lead counsel in London arbitration of claims against the Indian government arising from Insat 1-D launch pad accident, reported in McDonnell Douglas Corp. v. Union of India, [1993] 1 Lloyd's Rep. 48
Defended the launch vehicle manufacturer in litigation arising from unsuccessful deployment of Westar VI
Palapa B-2 satellites by the U.S. Space Shuttle, reported in Appalachian Ins. Co. v. McDonnell Douglas Corp., 262 Cal. Rptr. 716 (1989)
Counsel to several U.S. multinationals concerning arbitration terms under CIETAC, HKIAC, ICC, LCIA
UNCITRAL rules
