Hogan Lovells US LLP displays unparalleled experience in export controls and sanctions enforcement; the past year was no exception, with a team led by Stephen Propst, practice co-head Beth Peters and Ajay Kuntamukkala continuing to act for Chinese telecom company ZTE on global compliance issues relating to the client’s high-profile settlement agreements concluded with the US Department of Commerce (DOC). The practice also demonstrated an enviable strength in compliance in the technology sector, where it assisted Facebook with its investment in Jio Platforms, which is considered the largest foreign direct investment in India’s tech sector to date. In addition, the team is also handling a large volume of mandates in the life sciences, defense, aerospace, nuclear, and agriculture sectors, for which it regularly draws on the expertise of the firm’s well-known industry sector groups. For larger matters requiring advanced planning, clients also benefit from the department’s close collaboration with the firm’s dedicated legal project management team. Department co-head Deen Kaplan is highly regarded in the agricultural industry, where he has represented both traders and producers in multiple disputes, as well as antidumping and countervailing duty investigations. Similarly, trade litigation and high-stakes trade negotiations are core areas of focus for Jonathan Stoel and recently promoted partner Jared Wessel. For mandates involving the Committee on Foreign Investment in the United States (CFIUS), clients turn to Anne Salladin and Brian Curran, who also has expertise in divestiture trusts. The group continued its expansion streak in the spring of 2020, significantly broadening its trade policy offering with the hire of Kelly Ann Shaw from the White House, where she served as Deputy Assistant to the President for International Economic Affairs.
International trade in United States
Beth Peters; Deen Kaplan
Other key lawyers:
Stephen Propst; Jonathan Stoel; Ajay Kuntamukkala; Anne Salladin; Jared Wessel; Brian Curran; Craig Lewis; Warren Maruyama; Aleksandar Dukic; Chandri Navarro; Kelly Ann Shaw; Anthony Capobianco; Anne Fisher; Michael Jacobson
Ministry of Industry and Commerce of the Republic of Panama
Nestlé Waters North America
Government of Ontario
- Advised Facebook on trade compliance matters relating to its $5.7m investment in Jio Platforms, a subsidiary of Indian multinational Reliance Industries.
- Representing institutional fund manager CDPQ in a wide range of trade matters, including a subsidy dispute between its investee Boeing and Bombardier with the US authorities, WTO disputes, and broader trade policy matters.
- Assisted New England Patriots with securing vital supplies of PPE equipment, including N95 masks and ventilators, by working to obtain importation approvals, as well as assisting with tariff classifications, applicable duties, and China 301 tariffs and exclusions.
Steptoe & Johnson LLP
Steptoe & Johnson LLP provides a full range of international trade law services to a varied mix of large companies, sovereign states, and industry associations. The team is highly praised for its ‘strong technical knowledge of sanctions and regulatory compliance’; indeed, it is a top performer in the area of economic sanctions, as well as in broader domestic and cross-border trade matters affecting US national security; Meredith Rathbone acts as co-leader of the firm’s export control and sanctions practice, while Brian Egan and of counsel Peter Jeydel also have notable credentials in this space. The team is noted for its astute handling of claims and investigations relating to antidumping and countervailing duties. Its high-profile work in the lumber industry includes ongoing representations before the DOC and the World Trade Organization (WTO), with a team led by Amy Lentz coordinating the litigation strategy for the British Columbia Lumber Trade Council in cases concerning Canadian imports valued at over $5.6bn annually. Further, the group is heavily involved in work concerning China-US trade relationship and its implications for clients conducting business involving these countries; key advisors in this space include Matthew Yeo as well as Eric Emerson, the latter of whom also chairs the firm’s international trade and investment group. In March 2020, the practice further bolstered its trade policy and supply chain offering with the hire of Jeff Weiss from Venable LLP; Weiss now serves as co-chair of the firm’s international trade policy practice alongside former Deputy US Trade Representative Susan Esserman.
Eric Emerson; Meredith Rathbone
Other key lawyers:
Matthew Yeo; Brian Egan; Edward Krauland; Amy Lentz; Peter Jeydel; Susan Esserman; Thomas Trendl; Jeff Weiss
‘Our lawyers at Steptoe bring together: a very strong understanding of difficult areas of the law, practical experience that they bring to bear on finding effective solutions, and connections with the actual decision makers in Washington. They do hard things well, and don’t waste our time.’
‘Brian Egan may be the best lawyer in Washington in his field. He knows trade issues, has lived them but, unlike many Washington lawyers, doesn’t waste your time telling you stories about his previous accomplishments in government (despite the fact they are considerable). There’s no lawyer in our roster of outside counsel that I trust more to get us to a good solution. ’
‘Speedy, clear and workable advice, pragmatic approach, able to give precise risk assessment.’
‘I primarily work with two Steptoe Partners – Ed Krauland and Brian Egan. Both have given us excellent advice, and not least Mr Krauland (whom I have worked with most) has always been able to put himself in our position.’
‘One unique feature of the team is that Steptoe really operates as a big team, in systemic manner. Many other law firms specialized in this area of law rely heavily on a few elite lawyers, but Stepoe is very systematic in that respect.’
‘Matthew Yeo stands out. He is very practical and has well-rounded expertise; he also has in-depth experience in WTO affairs.’
‘Strong technical knowledge of sanctions and regulatory compliance. In-depth knowledge of how US sanctions regulators (e.g., OFAC) think and operate.’
‘Meredith Rathbone. Calm, cool, and collected; always ready with up-to-date and practical advice.’
‘Steptoe’s team has deep knowledge of my area of focus (export controls and sanctions) and a deep bench of lawyers ready to assist.’
‘Meredith Rathbone is highly responsive and helpful.’
‘Peter Jeydel is very responsive and provides great support.’
Brian Egan is super sharp and excellent communicator.’
Government of Australia
British Columbia Lumber Trade Council
Braspine / Braslumber / ABIMCI
American Beverage Association
- Represented the Government of Australia in connection with Australia — Certain Measures Concerning Trademarks and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging, a series of widely reported plain packaging disputes at the WTO.
- Representing the British Columbia Lumber Trade Council in its longstanding dispute with the US lumber industry concerning imports of lumber from Canada, also constituting one of the largest countervailing duty cases.
- Representing Brazilian lumber processing and manufacturing companies and a lumber industry association (ABIMCI) in the antidumping investigation of wood mouldings and millwork products from Brazil before the US Department of Commerce.
Akin Gump Strauss Hauer & Feld LLP benefits from the firm’s strong presence worldwide, drawing on the expertise of over 70 international trade specialists based in Beijing, Dubai, Geneva and London, among other key offices. The group runs a formidable export controls and economic sanctions practice. The team’s excellence is particularly evident in investigations conducted pursuant to the International Traffic in Arms Regulations as well as the Export Administration Regulations; its recent standout work includes advice led by practice head Thomas McCarthy in relation to military and dual-use items in the energy industry, as well as complex compliance advice in the technology hardware sector. Another integral fragment of the group’s work is CFIUS assistance with strategic transactions and national security issues, for which the team can rely on the firm’s highly regarded lobbying, regulatory and specialist industry groups. Christian Davis sits at the helm of the CFIUS practice, where another key name to note is Kevin Wolf, who is a former Assistant Secretary of Commerce for Export Administration. Led by Lars-Erik Hjelm, the customs law practice is equally strong and counts multinationals such as Volkswagen among its loyal clients. Last but not least, the department is adept at handling trade disputes; Bernd Janzen is acting for clients in antidumping and countervailing duty proceedings, as well as in claims arising under various international trade agreements. The group significantly expanded its trade remedy law offering with multiple lateral hires, including the appointments of Matthew Nicely and his team from Hughes Hubbard & Reed LLP in June 2020.
Other key lawyers:
Kevin Wolf; Christian Davis; Lars-Erik Hjelm; Bernd Janzen; Matthew Nicely; Daniel Witkowski; Jonathan Poling; Spencer Griffith; Yujin Kim McNamara; Devin Sikes; Shana Hofstetter; Katherine Padgett
Advanced Drainage Systems
Alimentary Group Dcoop S.Coop.
Associations of Mexican Tomato Growers
Cornerstone Building Brands
Eastman Chemical Company
Electrolux North America, Inc.
Epson America, Inc.
Flir Systems, Inc.
Gilead Sciences, Inc.
Global Business Alliance
Government of British Columbia
Johnson & Johnson
Largo Resources Ltd.
Oman Aluminium Rolling Company LLC
Solar Energy Industries Association
Sumitomo Rubber Industries Ltd.
UAE Ministry of Foreign Affairs and International Cooperation
United Parcel Service Co.
United Technologies Corporation
Volkswagen Group of America
Baker McKenzie LLP
Baker McKenzie LLP leverages its global outreach to handle complex multi-jurisdictional matters, but also shows impressive market presence across Washington DC, New York, Chicago, and California; Janet Kim leads the department out of Washington DC. The group has a solid reputation based on its work in the economic sanctions arena, a strength widely recognized by its peers which also echoed in clients’ praise for the ‘highly experienced sanctions team in Washington and Stockholm’. Indeed, in a recent high-profile highlight, a team led by Nick Coward and Alex Lamy closely collaborated with the office in Stockholm to represent Swedish oil company Nynas AB in negotiations with the Office of Foreign Assets Control (OFAC) over the lifting of US sanctions imposed on Venezuela. Further, clients laud John McKenzie as an ‘outstanding’ San Francisco-based expert who provides ‘outstanding service to his Silicon Valley client base’; his recent practice includes showings in the manufacturing and IT sectors. IP litigator Kevin O’Brien and Christine Streatfeild are key contacts for matters involving the International Trade Commission; Rod Hunter specializes in CFIUS work. Customs law expert John Foote departed to Kelley Drye & Warren LLP in the late autumn of 2020.
Other key lawyers:
John McKenzie; Nick Coward; Alex Lamy; Bart McMillan; Kevin O’Brien; Rod Hunter; Nicholas Coward; Christine Streatfeild; Alison Stafford Powell; Terry Gilroy
‘Baker McKenzie has a very strong international trade practice. They have expertise in both customs and import compliance, as well as export controls and sanctions. The have a deep bench, with experts in local law and regulations in all major jurisdictions around the globe.’
‘John McKenzie leverages his experience and the resources of his large global team to provide outstanding service to his Silicon Valley client base.’
‘The deal is extremely complicated, in at least three different aspects. They managed all three work streams very well to make the deal flow smoothly.’
‘The firm has expertise in nearly all industries and jurisdictions that we need.’
‘Highly experienced sanctions team in Washington and Stockholm with high integrity and capable of giving accurate, well-founded and reasonable interpretation of US sanctions.’
‘Well-connected and deservedly respected in Washington.’
‘The Sanctions Blog is unique and insightful and a valuable tool for many businesses in international trade.’
‘Nicholas Coward and Alexandre Lamy are two of the most experienced, respected and well-connected sanctions counsels in Washington. Their advice is always well balanced and well founded. Their dedication and loyalty also in difficult times is commendable.’
‘John McKenzie is one of the most outstanding attorneys I’ve ever worked with.’
EDF Renewables, Inc.
GD Copper (USA), Inc.
Zurn / Rexnord
- Advised Zurn/ Rexnord on the imposition of additional duties on its imports under Section 232 of the Trade Expansion Act of 1962 and Section 301 of the Trade Act of 1974.
- Successfully represented Nynas AB in its negotiations with the OFAC aiming at the lifting of US sanctions targeting Venezuela from the client.
- Acted for EDF Renewables and secured a preliminary injunction and two extensions of that injunction against the Trump Administration’s action to impose tariffs on imports of bifacial solar panels.
Covington & Burling LLP
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP has an unsurpassed strength in trade remedy actions, with numerous recent successes in antidumping and countervailing duty cases and import injury investigations conducted by the International Trade Commission (ITC) pursuant to Title VII of the Tariff Act of 1930. The team maintains its traditional focus on the metals industry, but its enviable client portfolio also includes multiple petitioners from sectors such as manufacturing, chemicals, and agriculture. In addition, clients recommend the team for its advice on trade policy; John Herrmann is singled out, while Paul Rosenthal and former trade group chair Kathleen Cannon are also practitioners displaying a wealth of experience in this respect. Alan Luberda heads the department and contributes significantly to the team's litigation firepower. Brooke Ringel is noted for her recent successful work on five-year sunset reviews before the ITC. Recently promoted partner Robert Slack is an advisor sought for economic sanctions mandates. In November 2020, the group bolstered its compliance offering with the hire of John Foote from Baker McKenzie LLP; Foote has niche skills in matters regarding forced labor in supply chains.
Other key lawyers:
Paul Rosenthal; Kathleen Cannon; John Herrmann; Brooke Ringel; Robert Slack
‘Very knowledgeable, a lot of experience, highly reliable and fast, easy to work with.’
‘Eric McClafferty: very experienced, to the point, fast in execution and quick in understanding the wider commercial, technical and political context. Rob Slack: very precise, strong technical skills.’
‘Kelley Drye is prompt in responding to request for assistance, and is proactive in sharing information and updates about the law that may be of interest to our company.’
‘Larry Lasoff, Robert Slack, Eric McClafferty, Scott Wise. Through the years, these attorneys have worked to achieve strong relationships with our in-house legal team and become familiar with our company’s business, which enables them to give practical advice in problem solving.’
‘I am very impressed with the team’s professionalism, depth of knowledge, and level of communication with me as a client.’
‘I can’t say enough good things about John Herrmann. He makes recommendations on policy, gives us insights into the regulators we are working with, makes sure he understands what we need from him going into board meetings, gives us good internal and external political advice, and is just a pleasure to work with. We treat our consultants and other service providers like we do our staff, and he fits in perfectly.’
AK Steel Corporation
Allegheny Technologies Inc.
DAK Americas LLC
Fur Information Council of America
Leather Industries of America
National Basketball Association
R.J. Reynolds Tobacco Company
Specialty Steel Industry of NA
Stanley Black & Decker
The Aluminium Association
- Scored a victory for DAK Americas, Indorama Ventures USA, and Nan-Ya Plastics Corp, at the Court of International Trade, with respect to a prior ruling by the International Trade Commission.
- Assisted Hirsh Industries with securing antidumping duties on imports of vertical filing cabinets from China at a rate of 198.5% and countervailing duties of 271.79%.
- Assisted Unifi Manufacturing and Nan Ya Plastics with securing antidumping duties on imports of polyester textured yarn ranging from 65.39% to 66.4% for China and 13.50% to 43.85% for India, as well as countervailing duties ranging from of 32.18% to 473.09% for China and up to 22% for India.
The practice group at King & Spalding LLP shows excellence in cutting-edge trade remedy matters; it is adept at representing petitioners as well as respondents in import injury investigations and cases involving the ITC and the DOC. Its work is markedly varied, spanning sectors such as metals, agriculture, manufacturing, chemicals, and technology. It also houses a flourishing CFIUS and economic sanctions practice; Christine Savage is a key advisor in this space, drawing on longstanding compliance experience including a former position at the DOC. Further, the team’s trade policy expertise is also noted, with practice head Stephen Orava often taking the lead on such mandates; Orava has an additional niche expertise in issues arising at the junction of international trade and climate change law. Following the return of Stephen Vaughn to the firm in 2019, it has continued its expansion streak in the trade remedy litigation space with the hire of Jamieson Greer, who arrived from the Office of the US Trade Representative in May 2020. Former trade group leader Stephen Jones retired at the end of 2019.
Other key lawyers:
Christine Savage; Stephen Vaughn; Alexis Early; Mercedes Morno; Michael Taylor
‘The professionalism and the dedication of the lead attorneys are exceptional. In addition, their knowledge, experience, continuous research, and their dedication to excellence places this firm to be above all their competing firms in the international trade practice.’
‘Michael Taylor and Dan Schneiderman are very knowledgeable in the International trade dispute resolution.’
‘Great knowledge and experience in cross-border, insurance-related transactions and M&As. Consistent and conservative approach to legal and regulatory issues. Clients come first. Always making very good responses even in the different time zone. Smooth communication with us and our Japanese legal counsel on every occasion. Quick responses are exceptional.’
Briggs & Stratton, LLC
Novelis Corp. / Hindalco Industries Ltd. / Novelis do Brasil Ltd. / Novelis Korea Limited / Novelis Deutschland GmbH / Novelis Italia SpA
United Parcel Service
The Dow Chemical Company
J.R. Simplot Company
AK Steel Corporation
Trade Wind Energy
Coalition for Sustainable Cement Manufacturing and Environment
Coalition for Acetone Fair Trade
American Blueberry Growers Alliance
Washington Red Raspberry Commission
- Assisted Briggs & Stratton Corporation with filing new antidumping and countervailing duty petitions concerning imports of vertical engines from China, a class of product never previously investigated.
- Advised the Coalition of Acetone Fair Trade on filing antidumping petitions against imports of acetone from Belgium, South Korea, Saudi Arabia, Singapore, South Africa, and Spain.
- Representing J. R. Simplot Company in an investigation of unfairly subsidized phosphate fertilizers from Morocco and Russia, a class of product never previously investigated, and the first countervailing duty investigation of Morocco.
Latham & Watkins LLP prides itself on its success in highly regulated sectors such as insurance, finance, and life sciences; in addition, all team members routinely act in conjunction with other colleagues in private equity and corporate law matters with a nexus to trade law. As a result of its wide-ranging work, the team’s client portfolio includes a diverse spread of global corporations and state-owned entities, financial institutions and institutional investors, and not-for-profit organizations. The practice excels in CFIUS mandates and national security reviews; practice co-head Les Carnegie (‘an excellent leader and always client-focused’) has found his métier in this space. Another forte of the team lies in the field of economic sanctions, where it is handling an increasing volume of complex issues relating to China and Russia; Eric Volkman has extensive experience in criminal sanctions cases. Former department co-head William McGlone retired from the partnership in December 2020.
Other key lawyers:
Steven Croley; Andrew Galdes; Elizabeth Annis
‘Latham’s team brings diverse expertise to the complex issues arising from international trade, sanctions, and export controls. One of the team’s strengths is their effective communication and responsiveness with their guidance on issues. The team can also tap other experts in the firm if there is an issue that may touch on other legal issues.’
‘Les Carnegie is the partner that leads the team. Les is an excellent leader and always client-focused. His wide expertise is evident, including his deep knowledge of government agencies and policy processes. Les is always extremely responsive and able to provide quick turnaround guidance on issues. Les is always inclusive, easy to work with, and generous with his time.’
‘Allison Hugi is the associate we work with closely. Alli has great expertise in export controls and sanctions, and has helped us with guidance on key processes on how to address these issues. She is an effective communicator and very responsive to any questions.’
International Committee of the Red Cross
Ribbon Communications Inc.
Coalfire Systems, Inc.
Hyundai Motor Group
China Ocean Shipping Company
Mayer Brown has ‘an exceptional understanding of the intricacies of how trade policy is developed’. Indeed, the firm is sought after for advice concerning negotiations of trade agreements; it also bolstered its trade policy offering in Washington DC with the hire of Andrew Olmem, who arrived from the National Economic Council in July 2020. The department’s workload demonstrates its excellent ability to represent sovereign clients in WTO matters; global practice head Duane Layton has extensive experience in litigation in Geneva, having most recently led a team on acting for the Government of Indonesia as a third-party participant in challenging the WTO panel’s findings in favor of Australia in the well-known plain packaging dispute. Further, the team is equally well equipped to advise investors on highly strategic and sensitive transactions; Timothy Keeler regularly takes the lead on CFIUS reviews. Tamer Soliman serves as global head of the firm’s export controls and sanctions practice, while licensed customs broker Sydney Mintzer heads the US customs law group. Matthew McConkey is a key contact for Asian companies seeking trade remedy advice.
Other key lawyers:
Timothy Keeler; Tamer Soliman; Sydney Mintzer; Matthew McConkey; Andrew Olmem; Warren Payne; Tiffany Smith; Jing Zhang; Gretel Echarte
‘Mayer Brown’s trade team has an exceptional understanding of the intricacies of how trade policy is developed. It has close ties to many influential Republican and Democratic policymakers. They provide highly valuable and actionable advice on how best to advocate for my industry’s interests.’
‘As a former Chief of Staff to the US Trade Representative and a former legal counsel on the House Ways and Means Committee, Tim Keeler has a deep understanding of how the Administration and Capitol Hill work together to advance and develop US trade policy. This expertise is supported by an equally impressive understanding by Tiffany Smith of how USTR and Commerce work together to develop and implement US trade policy. Warren Payne brings a deep understanding of the legislative development process and strong connections across the US Government, including at the U.S. International Trade Commission, the Department of Health and Human Services, and the Defense Department.’
‘Very responsive and give solid, practical, business friendly advice.’
‘They are responsive, go the extra mile on researching issues and understanding our business. They focus their advice on the practical realities of our business and give realistic assessments of risk.’
‘They have great experience and knowledge in dealing with relevant governmental authorities, especially in the US, including appropriate connections at the authorities.’
Government of Indonesia
Aluminum Extruders Council
OFS / Furukawa
- Representing the Government of Indonesia as a third party in proceedings before the WTO Appellate Body concerning Australia’s legislation requiring “plain packaging” on tobacco products.
- Successfully worked with Medline Industries to secure multiple exclusions from Section 301 tariffs on medical items imported from China during the Covid-19 pandemic.
- Representing Weldbend Corporation, the leading US producer of carbon steel fittings and flanges, in a wide range of trade-related matters.
White & Case LLP’s ‘commitment, focus and quick turnaround’ allow it to handle some of the market’s most significant work on trade remedies. In terms of workstreams, the team benefited significantly from the Trump administration’s strict trade law enforcement, particularly with regard to antidumping and countervailing duty investigations – an area in which its varied client portfolio spans governments, manufacturers, and exporters and importers. Trade remedies work is an area of focus for practice head Gregory Spak, whose Spanish language skills allow him to advise clients with a strong global presence, including names the likes of Tenaris. Trade remedies specialist David Bond is recommended by clients for his work for Korean clients. Bond is also noted for leading a multi-disciplinary global team on representing The Federal Republic of Germany in a DOC countervailing duty investigation of imports of forged steel fluid end blocks, one of the first cases examining pro-environment measures, such as the EU Emissions Trading Scheme, from a subsidy perspective. Further, the group is well versed in economic sanctions and export controls issues, which are areas of focus for Cristina Brayton-Lewis and Nicole Erb. Farhad Jalinous leads the firm’s CFIUS practice. In September 2020, the firm bolstered its trade policy capabilities with the arrival of senior policy counsel Earl Comstock, a former senior advisor to the US Secretary of Commerce.
Other key lawyers:
David Bond; Cristina Brayton-Lewis; Farhad Jalinous; Nicole Erb; Jay Campbell; Claire DeLelle; Karalyn Mildorf
‘Strengths: commitment, focus and quick turnaround. Key capabilities: expertise and knowledge on trade matters.’
‘Greg Spak and Richard Burke are both highly reliable professionals with extensive experience and committed to provide excellent support to client needs in different situations and scenarios.’
‘I have worked with Mr. David Bond and his team for my Korean clients. David’s team had the substance needed to support the client and was very accurate with the scheduling of the work.’
‘David Bond has the knowledge and the network to resolve the issues that the client has. He has both the experience and the substance to efficiently help clients.’
The Federal Republic of Germany
Tenaris S.A. Maverick Tube Corporation / Tenaris Bay City, Inc. / Ipsco Tubulars Inc.
Marmen, Inc. / Marmen Énergie Inc. / Marmen Energy Co.
Diamond Tools Technology
Brookfield Asset Management
Qatar Investment Authority
Nexen Tire Corporation
United States Chamber of Commerce / Coalition of Services Industries
- Advising Tenaris on trade matters globally, having supported the company and its predecessors for 25 years; recent work included advice on Tenaris’ significant investments in US production assets.
- Advised the Qatar Investment Authority, the Qatari sovereign wealth fund, on CFIUS issues relating to its participation in a consortium led by Chinese-based Tencent in the acquisition of up to 20% of Vivendi’s Universal Music Group.
- Advising the Federal Republic of Germany in a countervailing duty investigation of forged steel fluid end blocks.
Wiley Rein LLP
Wiley Rein LLP boasts ‘strong US government experience’ and close government relationships; international trade group chair Alan Price has notable policy experience in the recent years, including standout thought leadership on China-related issues, as well as close collaborations with the Trump administration on trade policy priorities. The department is widely recognized for its representations in some of the most high-profile trade remedy proceedings; its work on the domestic side of the ledger is remarkable, particularly in the metals and raw materials sectors, where its client roster includes multiple industry organizations, as well as companies such as the largest US steel producer and the largest US aluminum producer. Another sector in which the team is making a name for itself is renewable energy, with its track record including the first US antidumping and countervailing duty cases. At present, the practice is experiencing a surge of instructions in the wind tower industry; in one standout highlight of many, a team led by the trio Price, Robert DeFrancesco and Daniel Pickard successfully assisted the Wind Tower Trade Coalition with achieving an affirmative determination by the DOC and the ITC regarding foreign competitors’ unfair trade practices in the wind power sector. Timothy Brightbill also routinely takes the lead on assisting industry groups; his well-rounded experience in this regard includes an ongoing vice chair appointment to the Industry Trade Advisory Committee on Services. Stephanie Bell, Laura El-Sabaawi and recently promoted partner Derick Holt are also key figures in the team.
Other key lawyers:
Timothy Brightbill; Daniel Pickard; Robert DeFrancesco; John Shane; Laura El-Sabaawi; Stephanie Bell; Derick Holt; Richard Sofield; Maureen Thorson
‘Strong US government experience, including in the national security area.’
Aluminum Extrusions Fair Trade Committee
American Alliance for Solar Manufacturing
American Iron and Steel Institute
American Line Pipe Producers Association
Coalition of American Chassis Manufacturers
Coalition of American Millwork Producers
Coalition for Fair Trade of Hardwood Plywood
Wind Tower Trade Coalition
- Advising Nucor Corporation, the largest steel producer in the United States, on all of its trade remedies, trade litigation, and trade policy work.
- Representing the American Alliance for Solar Manufacturing, a coalition of three of the largest solar manufacturers in the US, in trade remedy proceedings.
- Acting for Wind Tower Trade Coalition in antidumping and countervailing duty cases, including two successful representations to date.
Arent Fox LLP
According to an impressed client, Arent Fox LLP’s international trade law specialists stand out due to ‘their ability to see the problem from the client's point of view’. The firm handles a wide range of trade issues, but has built a particularly strong reputation based on its success in the fields of export controls, economic sanctions and customs audits. Department head Kay Georgi provides ‘fantastic legal advice’ and has a wealth of experience handling complex export control investigations in the defense and technology industries. Former trade practice head Matthew Nolan has ‘an unmatched ability to break down complex legal, political and economic issues’. David Hamill is recommended for regulatory advice relating to the United States–Mexico–Canada Agreement. In fact, Canada-related instructions are a continuous area of growth for the practice, whose client portfolio includes the government of Québec, among other notable clients. Trade compliance specialist Teresa Polino retired in September 2020.
Other key lawyers:
Matthew Nolan; David Hamill; Nancy Noonan; Marwa Hassoun
‘The mistake which some lawyers make is that they fail to “demystify” the law. What makes the team at Arent Fox unique is their ability to see the problem from the client’s point of view, which helps them to better explain the problem to us, and then to develop a solution which meets our needs.’
‘Matthew Clark has been our primary counsel on US and international trade matters for many years. He has an expansive and deep knowledge of US and international trade law, and an unmatched ability to break down complex legal, political and economic issues, and make them easy to understand. He has keen judgment, and can identify potential problems long before they arrive at our doorstep. In addition, he is highly respected by his peers in the DC trade law bar. In these uncertain times, it is very reassuring to be able to rely on Matt Clark.’
‘Nancy Noonan has worked with us for many years and has ensured that our interests are protected in complex trade law cases. She is detail-oriented and hardworking, and inspires the members of her team to be as well. In addition, she is a very pleasant person to work alongside, which is an important trait in long and stressful trade investigations.’
‘Good use of associates.’
‘Kay Georgi – fantastic legal advice, on point and practical.’
‘David Hamill – excellent insight on USMCA and larger-picture customs issues.’
Melia Hotel Group
Government of Québec
Hanwha Q Cells
Corey SA de CV
The lawyers at Arnold & Porter have accrued significant experience in all types of trade remedy proceedings at the WTO level, as well as across the US, China, and Mexico. The team represents exporters and producers in antidumping and countervailing duty investigations across a wide range of trendy industries, such as softwood lumber and steel. The department is also known for its prowess in matters raising national security concerns, including not only CFIUS mandates, but also advice on sanctions administered and enforced by the Office of Foreign Assets Control (OFAC). The team’s recent work for European company Airbus also showcases its ability to handle corruption and bribery claims arising in relation to the Foreign Corrupt Practices Act (FCPA). David Park leads the wider international trade practice, while the export control and trade sanctions group is spearheaded by John Barker and John Bellinger III.
David Park; John Bellinger III; John Barker
Other key lawyers:
Charles Blanchard; Nancy Perkins; Nicholas Townsend; Tom McSorley
Government of Israel
Province of Alberta, Canada
Toray Chemical Korea
Cassidy Levy Kent (USA) LLP
Cassidy Levy Kent (USA) LLP leverages its boutique offering to handle a wide scope of international trade law matters; clients appreciate that the firm is ‘a one-stop shop for antidumping, countervailing duties, and customs law’. Indeed, the practice has an unsurpassed strength in trade remedy litigation, where its work gains additional credibility through the presence of some of the best-known names in this space, including Yohai Baisburd, co-founding partner Jack Levy, and James Cannon, among others. The department continues to gain competitive advantage through multiple high-profile hires. January 2020 marked the arrival of Thomas Graham from the World Trade Organization; he is one of the US pioneers in trade remedy cases and a former Chair of the WTO’s Appellate Body. In the summer of 2020, senior trade advisor Jorge Miranda joined from King & Spalding LLP, further expanding the team’s ability to advise on trade negotiations. Further, clients recommend the firm’s work on the side of the petitioners; Thomas Beline is noted for managing the firm’s relationship with prolific petitioner United States Steel Corporation.
Other key lawyers:
Jack Levy; Yohai Baisburd; Thomas Graham; Thomas Beline; Myles Getlan; Robert Cassidy, Jr.; Charles Levy; William Baldwin; David Sanders; Thomas Beline; Mary Jane Alves; Jonathan Zielinski; Sarah Shulman
‘CLK is a one-stop shop for antidumping, countervailing duties, and customs law. They are among the top practices focusing on the USA industry, producers, and AD/CVD petitioner work. CLK has a deep bench for work at the Commerce Department, International Trade Commission, and various US courts. They have strong in-house economic/trade consultants.’
‘Partner Tom Beline leads CLK’s work for us, with Sarah Shulman managing our day-to-day matters. Both Tom and Sarah are strong attorneys with significant trade law experience and growing knowledge of our company and industry.’
Government of Morocco
The Manitowoc Company, Inc
Borman Specialty Materials
Prince International Corp.
Shimmick Construction Company, Inc.
C&C Industries, Inc.
Florida Tomato Exchange
Israeli Chemicals, Ltd.
Serta Simmons Bedding, LLC
United States Steel Corporation
- Acting as lead trade counsel for United States Steel Corporation on over 80 different trade matters concerning flat-rolled and tubular steel products.
- Representing the US mattress industry in antidumping investigations on mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam, as well as in a countervailing duty investigation on mattresses from China.
- Successfully represented American HFC Coalition, the US refrigerants industry, in a variety of trade remedies matters.
Curtis, Mallet-Prevost, Colt & Mosle LLP is among the top performers in the trade remedy space; it handles anything in the range of antidumping, countervailing duties, safeguards, and subsidization work. Led by Daniel Porter, the department prides itself on acting for a varied mix of foreign corporate and government clients from over 11 countries; the strength of this presence internationally is boosted through its collaboration with the firm’s offices in Beijing, Dubai, and Geneva, among other locations. Matthew McCullough is often instrumental in facilitating this cross-border collaboration and splits time between Washington DC and Geneva. Further, WTO disputes are also an area of focus for the group, and especially for James Durling, whose experience spans more than three decades.
Other key lawyers:
Matthew McCullough; James Durling; Valerie Ellis
Government of Canada
Octal Saoc SCZ
Red Sun Farms
Saha Thai Steel Pipe Company
Ulma Forja S. Coop
Ministry of Commerce, Government of China
- Defended the Government of Canada in two different trade cases against imports of fabricated structural steel and imports of sodium sulfate anhydrous.
- Defended BlueScope North America in a trade case against importers of fabricated structural steel from Mexico, where BlueScope has production operations.
- Defended Octal Saoz in all phases of a trade case concerning PET sheet from Oman, as well as defended Octal in a DOC antidumping review of the PET resin case.
McDermott Will & Emery LLP significantly grew its international trade practice with the arrivals of seven practitioners from Hughes Hubbard & Reed LLP in August 2020. Joanne Osendarp was among the new hires and currently serves as co-chair of the practice alongside Carolyn Gleason. Following the appointments of Osendarp and Eric Parnes in particular, the team bolstered its ability to represent clients in trade remedy proceedings and trade negotiations. Its trade policy work also gained additional credibility through the expertise of senior counsel Dean Pinkert, a former member of the International Trade Commission. Further, the group is also well versed in customs compliance, export controls, and economic sanctions; Raymond Paretzky and senior counsel David Levine are practitioners with a strong reputation in this space.
Joanne Osendarp; Carolyn Gleason
Other key lawyers:
Dean Pinkert; Eric Parnes; David Levine; Conor Gilligan; Timothy Hruby
Asocaña – Sugar Cane Growers Association of Colombia
CJ CheilJedang Corporation
Coalition for Fair Trade in Ripe Olives
Export Development Canada
Government of Canada
Illinois Tool Works
Musco Family Olive Co.
- Representing the Government of Canada in the ongoing dispute between the US and Canada over US imports of softwood lumber from Canada.
- Representing Musco Family Olive Co., US ripe olive processors and the leading supplier of table olives in America, as petitioner in a antidumping and countervailing duty matter.
- Advising longstanding client Illinois Tool Works on international trade policy, supply chain, import relief cases, and tariff actions.
As clients aptly note, Pillsbury Winthrop Shaw Pittman LLP houses ‘one of the strongest international trade law practices in the US, particularly in the area of export controls and anti-bribery’. Building upon these strengths, the department also maintains its focus on economic sanctions and embargoes, CFIUS, and compliance work for both government and corporate clients. In acting on cross-border mandates, the team leverages the firm’s global presence at key locations such as London, Beijing, and Shanghai. In terms of sector-specific expertise, the group is noted for its work in the nuclear industry, an area in which it acts in conjunction with the firm’s highly regarded nuclear energy practice. Nancy Fischer ‘possesses unrivaled understanding of issues and regulatory process’ and shares leadership of the department with Stephan Becker (‘an outstanding lawyer because of his depth of experience and his thoughtfulness to clients’ needs’). Christopher Wall is a former Assistant Secretary of Commerce for Export Administration and has over three decades of wide-ranging trade experience. Counsel Matthew Rabinowitz is a rising star in the team.
Stephan Becker; Nancy Fischer
Other key lawyers:
Christopher Wall; Matthew Rabinowitz; Benjamin Cote; Sahar Hafeez
‘Nancy Fischer stood out as extraordinarily well-versed on current trends impacting CFIUS; she is a go-to source where there are challenging issues about recent transactions, regulatory, or legislative developments. Her answers provided valuable insight to navigate issues with advantage.’
‘Pillsbury’s lawyers, in particular Nancy Fischer, are absolutely convincing when talking to clients. Efficient negotiators. In meetings and calls, they get straight to the point, know how authorities act, and contribute with realistic solutions. Nancy Fischer is an outstanding expert.’
‘Superior command of subject matter material and very accessible.’
‘Nancy Fischer is one of best trade lawyers I have worked with. She possesses unrivaled understanding of issues and regulatory process.’
‘Pillsbury has one of the strongest international trade law practices in the US, particularly in the area of export controls and anti-bribery. The firm is leading in the area of nuclear export controls. Elina Teplinsky is perhaps the most respected and knowledgeable expert on US export control laws regarding nuclear power. She is well-connected and knows the government.’
‘The DOC and other regulatory processes proved to be much more political than purely legal, and the Pillsbury team was very capable of managing those political aspects, helping achieve a satisfactory result.’
‘Nancy Fischer is a good leader, able to delegate efficiently to her team, and to manage a diverse utility group with many levels of risk appetite. She was particularly skilled at managing tense negotiations with a rigid regulator with patience and respect.’
‘Sahar Hafeez was able to efficiently draft numerous filings on very short time-frames, incorporating edits from many sources.’
‘Ben Cote was very skilled at crunching complex numbers to help prove the case for a group of more than ten utility clients in a very complex commercial trade case over and over again.’
‘Sharp and quick understanding of clients’ business, capability of designing tailored legal solutions, 24-hour services.’
‘Pillsbury’s trade compliance team has a wealth of understanding and information, as well as valuable USG contacts. They also have Pillsbury counterparts in other countries which has been helpful in some situations. The attorneys whom we deal with have a strong understanding of our telecom industry, and they are able to understand and assist with technical determinations under the export control rules, and with understanding our industry related to sanctions.’
‘Nancy Fischer has been consistently responsive and able to help with technical questions related to trade compliance. Along with Ben Cote and Matthew Rabinowitz, they have continued to get to know our business and are able to quickly help me as needed.’
‘Steve Becker is an outstanding lawyer because of his depth of experience and his thoughtfulness to clients’ needs, including balancing benefits.’
‘They provide advices based not only on governmental regulation and contractual language but also on regulatory realities and industry practice. It is not just legal contents nor paper work. Very practical.’
‘Sahar Hafeez, Nancy Fischer, and Elizabeth Moeller have been excellent to work with. They have always made themselves available and consistently follow up on actions. They take the time to understand their clients’ issues – both on the surface and also how they deal with them internally as a management team.’
Speedcast Government / Ultisat
Ad Hoc Utilities Group
Stanley Black & Decker Inc.
MTU Aero Engines
Japan Bank for International Cooperation
BWX Technologies, Inc.
Government of Mexico
Government of New Brunswick
GE Hitachi Nuclear / Global Nuclear Fuel – Americas LLC
Valmet Inc. (U.S.) / Valmet Corporation (Finland)
- Advising Ad Hoc Utilities Group on the potential applicability of Russia- and Iran-related sanctions to imports of nuclear fuel for use in commercial nuclear power plants.
- Advising Chevron on a wide range of international trade-related matters, including sanctions and compliance issues involving all US, UK, and EU sanctions programs; export controls, antiboycott; CFIUS issues; and customs matters.
- Advising the Government of New Brunswick with respect to the US countervailing duty case concerning softwood lumber from Canada.
WilmerHale is well positioned to advise on trade policy and trade remedy matters as a result of the high-profile experience of multiple team members. Ambassador and former US trade representative Charlene Barshefsky chairs the practice and is a go-to advisor for highly strategic policy issues, as is Robert Novick, who previously served as general counsel in the Office of the US Trade Representative. The team is highly experienced in WTO dispute settlement, which is an area of focus for Naboth van den Broek and David Ross. It also has additional capabilities in export controls and sanctions; senior counsel Ronald Meltzer draws on over two decades of trade compliance experience and is capably assisted by counsel David Horn. Cybersecurity and privacy practice co-chair Benjamin Powell is regularly engaged on CFIUS matters.
Other key lawyers:
Robert Novick; Ronald Meltzer; Naboth van den Broek; David Ross; David Horn; Lauren Mandell; Benjamin Powell; David Cohen; Patrick McLain
The Boeing Company
Delta Air Lines
The Mosaic Company
- Representing Boeing in the US-EU aircraft disputes, the longest-running set of disputes in the history of the WTO.
- Acting as lead counsel to the Partnership for Open & Fair Skies, a coalition of the large US international airlines and their associated unions, in the “Open Skies” dispute with three state-owned airlines in the Middle East over their use of state subsidies.
- Providing trade policy advice to Visa Inc. on matters impacting global trade in the electronic payment services industry.
Baker & Hostetler LLP garners praise for being ‘extremely knowledgeable’ and for providing ‘original ideas’. The practice is noted for its strength on the contentious side of trade; its excellence in antidumping and countervailing duty matters manifested itself in its longstanding involvement in the well-known softwood lumber disputes between the US and Canada. Clients recommend Elliot Feldman for his work for Canadian producers, though he is also adept at representing foreign governments and organizations in trade and investor-state disputes. The team also focuses on work for Chinese exporters, whose main point of contact is Mark Lehnardt. The department is led out of Washington DC by Barbara Linney and Michael Snarr. The firm has a strong international trade offering in Houston as well, where Lana Muranovic and Matthew Caligur are sought after for advice relating to import and export controls, free trade agreements, and compliance issues. Kerry Scarlott departed to start his own firm in August 2020.
Barbara Linney; Michael Snarr
Other key lawyers:
Elliot Feldman; Lana Muranovic; Matthew Caligur; Casey Weaver; Ragan Updegraff
‘Extremely knowledgeable. They have been involved in lumber litigations with Canada for over 30 years. They know everything that pertains to the file. Elliot Feldman is fluently bilingual in English and French. or us, in Québec, it is quite a bonus to have our American lawyer speak to us in our language.’
‘All law firms work hard for their client but Elliot Feldman and Mike Snarr never hesitate to go to the barricades for us. We really have the feeling that we are the most important people on earth. Elliot Feldman and Mike Snarr are very efficient. They always deliver.’
‘Mike Snarr is excellent in all aspects of trade.’
‘Great listeners. Solid applicable experience. Clear thinkers. Understand budget constraints in certain instances with smaller organizations. Meet deadlines. Provide original ideas.’
Resolute Forest Products, Inc.
Specialized Carriers & Rigging Association
Westmoreland Mining Holdings Inc.
Ashtead Technology, Inc.
Federal Express Ground
Quanta Services, Inc.
Noosphere Venture Partners, LP
Analytical Space, Inc.
Spire Global Inc.
Alaska Aerospace Corporation
Conseil de l’Industrie Forestière du Québec
Ontario Forest Industries Association
Sumecht NA, Inc.
Prime Time Commerce, LLC
Monument Chemical, LLC
JF Lehman & Company
- Representing the provincial industry associations and the largest producer from two of the five Canadian provinces whose forestry systems are under investigation for subsidies, as well as acting as advisors to the government of Canada in relation to an appeal to the WTO.
- Representing Westmoreland Coal Company in a NAFTA Chapter 11 arbitration against the government of Canada seeking compensation relating to Albertan government phase-out of coal-fired electricity emissions by 2030.
The ‘reliable, knowledgeable and always prompt’ team at Clifford Chance has deep expertise in economic sanctions matters, including compliance management and advisory work for clients in the industrial, technology, and financial services sectors. The practice is prominent in the investigations and regulatory space, where it advises extensively on issues arising in relation to the Export Administration Regulations and the International Traffic in Arms Regulations. Managing partner and US dispute resolution group leader David DiBari and George Kleinfeld jointly sit at the helm of the practice.
David DiBari; George Kleinfeld
Other key lawyers:
Joshua Berman; Michelle Williams; Philip Angeloff; Jacqueline Landells
‘Great team. Reliable, knowledgeable and always prompt.’
‘George Kleinfeld is by far the most reliable, most knowledgeable attorney I have ever worked with. He is absolutely an expert of his field and we admire his work. Pleasure working with him.’
London Metal Exchange
- Assisted Swedbank AB with a report on an extensive anti-money laundering and OFAC sanctions investigation.
- Representing a leading non-US based bank in an OFAC violations investigation by the District Attorney of New York.
- Representing a state-owned defense manufacturer in the Asia Pacific in an internal investigation and voluntary disclosure to the Directorate of Defense Trade Controls (DDTC).
Davis Polk & Wardwell LLP
Davis Polk & Wardwell LLP brings together the expertise of financial compliance and regulatory experts, who often collaborate with the firm’s specialists on corporate transactions and white-collar crime mandates. The team specializes in export controls and economic sanctions and acts for a mix of domestic and international financial institutions, investment and technology companies, and state-owned entities. The practice is also expanding its Asia-based client portfolio as a result of intensifying US sanctions regimes against China and Hong Kong; in this regard, it benefits from the firm’s presence in Hong Kong and Beijing. CFIUS work is another key area of strength as a result of the longstanding experience of practice head and market-leading lawyer John Reynolds.
Other key lawyers:
Will Schisa; Joseph Kniaz
Dechert LLP has an established presence across the US, Asia and Europe; it provides ‘pragmatic, concrete and specific advice’ on sanctions compliance issues seamlessly, with Melissa Duffy being specifically singled out for her assistance to European clients. In addition, the group also often acts in conjunction with the firm’s financial services and corporate teams, especially on demanding due diligence assignments and transactions requiring clearance by the CFIUS. The team’s enviable client roster includes numerous multinational and Fortune 500 companies from sectors such as manufacturing, technology, financial services, aviation, and telecoms, among others. The 'simply excellent' Amanda DeBusk has deep expertise in export controls, partially as a result of her former experience acting as the US Commerce Department Assistant Secretary for Export Enforcement. DeBusk jointly acts as chair of the practice alongside sanctions expert Jeremy Zucker.
Amanda DeBusk; Jeremy Zucker
Other key lawyers:
Melissa Duffy; Darshak Dholakia; Michael Grant; Hrishikesh Hari
‘Amanda DeBusk is an outstanding lawyer – my go-to for all US sanctions and trade issues.’
‘Amanda DeBusk is simply excellent.’
‘Pragmatic, concrete and specific advice. If the risk is low or if there is no risk, the team will say so. Quick and reliable turnaround.’
‘Melissa Duffy – clear and easy language, explains US law to EU clients very well. Available at short notice, quick and reliable.’
‘They quickly understand our needs then devise and execute an effective plan to achieve our goals.’
‘Jeremy Zucker and Darshak Dholakia handle our matters. They are good because they don’t waste time, meet deadlines, and their efforts have been successful.’
‘Detailed but still very hands-on advice.’
Huawei Technologies Co. Ltd.
Papierfabrik August Koehler SE
San Vicente Holdings
Kam Airlines / Aftrans Aero
Apollo Aviation Group
TRACE International, Inc.
- Representing, defending and counseling Huawei Technologies in multiple high-profile matters involving compliance with US export controls and economic sanctions as well as Entity List designation.
- Representing Germany’s Papierfabrik August Koehler SE, the world’s largest manufacturer of specialty paper, in a high-profile antidumping investigation involving countries in Europe and Asia.
- Resolved five OFAC investigations for various clients during the review period, with greatly reduced (or no) penalties for the clients.
Freshfields Bruckhaus Deringer LLP is a destination preferred by clients for advice on US economic sanctions and export controls. The team is adept at acting on the defense side of enforcement investigations and also advises on potential violations of the Foreign Corrupt Practices Act. Kimberley Zelnick in New York leads the global sanctions and trade group.
Other key lawyers:
Nabeel Yousef; Christine Laciak; Stephanie Brown Cripps
Gibson, Dunn & Crutcher LLP has an impressive track record of advising large multinational and Fortune 500 companies on regulatory issues and economic sanctions. In this space, the practice continues to act as sole counsel to The Internet Corporation for Assigned Names and Numbers (ICANN) in matters facing the US government. Anti-corruption and anti-money laundering advice at national and international level is also a mainstay for the group. The department is spearheaded by Judith Alison Lee (Washington DC) and senior of counsel Ronald Kirk (Dallas). A former Senior Advisor to the Director of the OFAC, Adam Smith is also a key team member focusing on sanctions advice.
Judith Alison Lee; Ronald Kirk
Other key lawyers:
Adam Smith; Christopher Timura; Stephanie Connor; Scott Toussaint
The Internet Corporation for Assigned Names and Numbers
Thrivent Financial for Lutherans
Cadence Design Systems
Cellular Biomedicine Group, Inc.
Sharkninja Operating LLC
Lutheran World Relief
Hughes Hubbard & Reed LLP specializes in export controls, economic sanctions, and anti-money laundering matters. The group’s recent workload points to its great ability to provide compliance advice to large companies in sectors such us technology, consumer goods, semiconductor manufacturing, and logistics, among others. The practice acts for numerous Chinese companies, with Roy (Ruoweng) Liu being a go-to advisor in this regard as well as a leader of the firm’s Greater China practice. Department head Ryan Fayhee uses his longstanding experience, including knowledge gained in his previous position at the DOJ, to handle complex sanctions issues. The team has been undergoing recent changes: trade remedy expert Matthew Nicely and a team of three more junior practitioners departed to Akin Gump Strauss Hauer & Feld LLP in June 2020; later this summer, Joanne Osendarp left to co-chair the trade practice at McDermott Will & Emery LLP.
Other key lawyers:
Roy (Ruoweng) Liu; Tyler Grove
In the words of a client, Kirkland & Ellis LLP stands out for its ‘very solid grasp of the US and European legal framework relating to international sanctions, anti-money laundering and anti-corruption’. Indeed, the practice is a top choice for all aspects of sanctions compliance and export control. In addition, it also focuses on assisting clients with obtaining CFIUS approval for their investments in the technology, defense, and hospitality and travel sectors, among others; Ivan Schlager (Washington DC) is a key practitioner in this space, having joined from Skadden, Arps, Slate, Meagher & Flom LLP in June 2020. Zachary Brez (New York) is adept at advising on the application of the Foreign Corrupt Practices Act. Mario Mancuso splits time between Washington DC and New York, and draws on his wealth of experience gained in the course of serving on the US President’s national security team. Clients also recommend Nick Niles in Chicago.
Other key lawyers:
Zachary Brez; Mario Mancuso; Ivan Schlager; Nick Niles; Sanjay Mullick; Anthony Rapa; Luci Hague
‘The team is extremely capable from a technical standpoint. They have a very solid grasp of the US and European legal framework relating to international sanctions, anti-money laundering and anti-corruption. Also, the team are extremely knowledgeable in guiding the client through complex analysis in terms of the broader implications of a particular transaction, including from a reputation perspective. The team also have a very clear understanding of standards and expectations from global institutional investors and private equity firms and experience spanning the US, Europe and Asia. The mix of capabilities beyond really set them apart from peers.’
‘Nick Niles is an extremely capable lawyer, but also a trusted advisor, who is able to understanding quickly extremely complex financial structures and niche industries. Nick is very practical and, in addition to simply spotting a problem, he is capable to identifying a course of action and does not shy away from taking a position. This is a very powerful skill set and we certainly value very much his advice.’
Apax Partners LLP
- Advised Apax Partners LLP on its investment, as part of a four-member consortium, in British satellite company Inmarsat plc.
- Advised TripAdvisor on CFIUS matters relating to its investment from China-based Trip.com.
- Secured CFIUS clearance for the $7.3bn acquisition of GrubHub by JustEatTakeaway.
Miller & Chevalier Chartered
The multi-disciplinary group at Miller & Chevalier Chartered undertakes a broad scope of work relating to complex cross-border investigations, economic sanctions, and export controls. It is particularly well known for its first-class practice when it comes to matters involving anti-corruption and the application of the Foreign Corrupt Practices Act (FCPA); firm chair Kathryn Cameron Atkinson, international department chair James Tillen and international anti-corruption practice leader John Davis are all highly regarded figures in the FCPA enforcement and money laundering space. Further, the team’s workload demonstrates its excellent ability to advise global companies on their compliance programs and internal investigations; its recent track record exceeds 100 internal investigations and stands out in sectors such as manufacturing, technology, and oil and gas, among others. International department vice chair Alejandra Montenegro Almonte is noted for her corporate compliance work, including counseling clients in fluent Spanish. Timothy O’Toole chairs the firm’s white-collar defense group and is a key contact for sanctions issues.
James Tillen; Alejandra Montenegro Almonte; John Davis; Timothy O’Toole; Matteson Ellis
Other key lawyers:
Kathryn Cameron Atkinson; Matteson Ellis; Mark Rochon; Brian Fleming; Ann Sultan; Gregory Bates
Morrison & Foerster LLP is particularly well-known for its work on national security mandates. The team is particularly prominent in the economic sanctions space, as it houses multiple former OFAC officials, including former OFAC director and practice co-head John Smith. Also recommended in the sanctions and export control space is Brandon Van Grack. The team also focuses on CFIUS-related instructions, with practice co-head Nicholas Spiliotes having three decades of experience in the field. John Carlin took a position at the Justice Department.
John Smith; Brandon Van Grack; Nicholas Spiliotes
‘The lead partner of the US team has tremendous insight from his former role in government, as do his European-based counterparts. This leads to insightful advice and excellent, well-informed strategies.’
‘Extensive understanding of CFIUS and national security matters and a high number of matters before the CFIUS. Extremely knowledgeable about national security matters. Terrific judgment.’
‘A first-class sanctions team.’
‘Mofo’s sanctions team has superb knowledge and experience in the field. The team gives risk-based and pragmatic advice which is directly applicable to its clients’ businesses.’
‘The MoFo team brings a great combination of strong expertise while being great to work with. They have broad experience in national security matters that makes them a good partner.’
‘John Smith provided first-class sanctions advice. He has excellent knowledge and close connections with the OFAC due to his past role of former Director at the OFAC. Very responsive. Very commercial.’
‘John Smith is an outstanding partner at MoFo. He is our first choice because of his knowledge and experience. He also provides pragmatic and risk-based advice which the businesses can easily understand and apply.’
‘Nick Spiliotes, Joe Benkert, and Charles Capito are a great team. They do high quality work and great customer service.’
The Clearing House
Clifford Chance / Navigator Equities Limited
SoftBank Group Corp. / SoftBank Vision Fund L.P.
- Served as an expert on US sanctions to Nordea Bank in litigation brought against several Nordic banks by US-sanctioned Russian oligarch Boris Rotenberg.
- Advised Softbank and Softbank SVF in over $10bn-worth acquisitions that required CFIUS investigations and representation.
- Acted for The Clearing House on a range of sanctions advisory matters including drafting of memoranda and consultations with OFAC.
O'Melveny & Myers LLP is an attractive choice for US and foreign clients seeking assistance with their compliance with economic sanctions regimes, customs and export controls; department co-lead Greta Lichtenbaum has wide-ranging compliance counseling and management experience. The team is also highly skilled in handling investment regulatory issues; its recent CFIUS counseling experience stands out in the technology, aerospace, private equity, and oil and gas sectors. Of counsel and practice co-head Theodore Kassinger ‘deftly combines legal knowledge, political insight and business reality’; he draws on his wealth of regulatory experience spanning over four decades.
Greta Lichtenbaum; Theodore Kassinger
Other key lawyers:
David Ribner; Mary Pat Dwyer
‘Ted Kassinger deftly combines legal knowledge, political insight and business reality into his counsel to our Fortune 500 company. He thinks not only about the matter at hand but also indirect matters that we should consider. Ted brings in associates when reasonable and beneficial, but not unnecessarily enlarging the legal team. He has been humble and responsive in his interactions with our company over the last fifteen years.’
Mitsui & Co., Ltd.
- Secured CFIUS clearance for Mitsui & Co. and its joint venture partner, Yamasa Co., Ltd., in the acquisition of Spaceflight, Inc.
- Secured CFIUS clearance for Hid Global, a subsidiary of Assa Abloy, in its acquisition of HydrantID.
Paul Hastings LLP’ global trade controls group is among the top performers in the field of export controls and sanctions. The team assists clients with matters involving all relevant enforcement agencies; Robert Luskin and Kwame Manley are noted for their recent work on OFAC investigations. The practice also maintains a very busy CFIUS practice, which is partially a reflection of the outstanding reputation of department head Scott Flicker in this field (‘he is tremendously responsive and gives clear, simple and business-minded advice’). Also in the CFIUS and sanctions space, the group acts for a mix of Chinese technology companies and leverages the firm’s capabilities in the Hong Kong office. Behnam Dayanim counts large Chinese tech companies such as Xiaomi among his clients.
Other key lawyers:
Robert Luskin; Kwame Manley; Behnam Dayanim; Tom Best; Robert Silvers; Randall Johnston
‘This team works like a seamless machine across borders and practice areas with strong leadership and a capable supporting cast. The team is particularly strong on foreign investment matters before CFIUS, including Chinese investment.’
‘In particular, Scott Flicker stands out in this field. He is tremendously responsive and gives clear, simple and business-minded advice. Associate Holly Flynn is also excellent. They are able to handle all manner of complicated questions and scenarios and render are able to translate complex elements of the statute, case law and DOJ opinions into practical advice. I cannot say enough about their responsiveness, which is really unparalleled as far as top-tier law firms go.’
‘Scott Flicker is a very capable leader of the practice. He advocates for his clients with confidence, precision, and thorough preparation and knowledge of the facts. He is professional, courteous and smart earning the respect to clients, co-counsel, and government adversaries.’
‘This team has a deep bench of lawyers with unparalleled background in this area. In particular, the Lobbying Disclosure Act and FARA speciality practices are terrific, with the team giving very focused, practical advice that businesses can actually use.’
British Arab Commercial Bank
- Advised Cosco Shipping Holdings on post-clearance mitigation and termination of mitigation following the 2018 clearance of its $6.3bn acquisition of Orient Overseas, one of the largest and highest-profile global M&A deals of that year.
- Led the representation of Airbus on the US aspects of a $4bn settlement with the US, UK and French authorities with respect to the results of a cross-border ITAR compliance investigation.
- Advised CDH Investments on obtaining CFIUS clearance for the $1.4bn acquisition of Sirtex Medical Ltd.
Reed Smith LLP
Reed Smith LLP is consistently engaged on a wide range of complex enforcement matters. It shows a particular strength in advising on potential violations of the International Traffic in Arms Regulations; clients back that up and recommend practice co-head Michael Lowell for his ‘excellent judgment and good experience’ in this space. Sanctions advice and CFIUS work are other particular areas of focus for the group; department co-chair Leigh Hansson has strong credentials in both these areas and is a go-to advisor for sanctions mandates in the maritime industry. While the team is primarily based in Washington DC, it also expanded its sanctions and export controls offering in Miami with the hire of Felipe Berer from Akerman LLP in June 2020; Berer specializes in matters involving Brazil and other Latin American jurisdictions.
Leigh Hansson; Michael Lowell
Other key lawyers:
Felipe Berer; Sarah Wronsky; Paula Salamoun; Manasi Venkatesh; Eli Rymland-Kelly
‘They have excellent customs attorneys that are well versed in many different areas.’
‘The team is very switched on, service-minded and delivers quick, quality advice whenever needed.’
‘The team is tightly integrated and brings a range of experience and capabilities across various trade controls and national security disciplines.’
‘They have good contacts with government agencies and good contacts with other firms.’
‘Leigh Hansson, Eli Rymland-Kelly, and Alexander Brandt – they are switched-on, knowledgeable, commercially minded lawyers that deliver excellent service with the right amount of detail. Skilled at understanding our needs.’
‘Michael Lowell has excellent judgment and good experience, particularly in ITAR matters.’
The national security regulatory department at Simpson Thacher & Bartlett LLP is led by Malcolm Tuesley, whom clients laud as ‘an expert in FOCI mitigation issues and a creative problem solver’. Indeed, the group is highly experienced in handling regulatory concerns relating to investments in US businesses; its wide-ranging work spans reviews before both the DCSA and the CFIUS. In addition, the group assists clients with internal investigations relating to their OFAC and FCPA compliance; Abram Ellis and George Wang are both noted in this respect.
Other key lawyers:
Abram Ellis; George Wang
‘Mick Tuesley is an expert in FOCI mitigation issues and a creative problem solver.’
‘Individuals in this group give pragmatic and clear advice.’
‘Mick Tuesley is creative, responsive, and easy to work with.’
‘Mick Tuesley is outstanding, pragmatic and quickly grasped my institution’s risk profile.’
Blackstone Group, L.P. / Blackstone Infrastructure Partners / Blackstone Real Estate Partners
Hellman & Friedman
Macquarie Infrastructure and Real Assets
Oaktree Capital Group
Garda World Security Corporation
Stonepeak Infrastructure Partners
- Advised Cypress Semiconductor Corp. on securing CFIUS approval for a bid by Infineon Technologies AG to acquire it for approximately $10bn.
- Representing Garda World Security Corporation in its takeover bid of private security services giant G4S plc.
- Providing regulatory advice to Refinitiv and Blackstone in connection with worldwide foreign investment filings relating to a proposed $27bn acquisition by the London Stock Exchange Group plc.
Skadden, Arps, Slate, Meagher & Flom LLP
Skadden, Arps, Slate, Meagher & Flom LLP’s CFIUS and national security department has been undergoing significant changes during the past year. In June 2020, its practice head and CFIUS expert Ivan Schlager left for Kirkland & Ellis LLP – a move which was followed by cybersecurity specialist Michael Leiter taking over leadership of the practice. The team remains a go-to destination for CFIUS reviews, export controls, and compliance advice. It has preserved its ability to handle sensitive transactions partially as a result of the return of Jeffrey Gerrish to the practice; Gerrish is a former Deputy US Trade Representative and rejoined in the summer of 2020.
Other key lawyers:
Weil, Gotshal & Manges LLP runs a strong CFIUS practice, with the international trade team often collaborating with the firm’s highly regarded M&A and private equity groups. The department’s recent investment work stands out in sectors such as financial services, technology, and manufacturing, among others. Practice head Theodore Posner has longstanding broad experience working for the government as well as in private practice; his expertise also stands out in relation to issues arising at the junction of trade law and policy, in addition to trade-related dispute resolution.
Canada Pension Plan Investment Board
MOL Hungarian Oil and Gas Company
The Williams Cos.
Ontario Teachers’ Pension Plan Board
Brookfield Asset Management
Praised for its ‘ability to find solutions to complex matters’, Willkie Farr & Gallagher LLP is consistently engaged on internal investigations and CFIUS reviews, as well as sanctions and export control compliance programs. The team remains very active in sectors such as financial services, technology, and telecoms. The ‘exceptional’ David Mortlock chairs the global trade and investment practice, and is recommended for his ‘strong appreciation of different types of businesses and sectors’.
‘Always available and at short notice. Responsive to emails and providing help whenever needed. Unpicks the matter and then provides clear advice at each step. It is easy to understand and can quickly determine the practical steps needed to resolve.’
‘David Mortlock is exceptional. So responsive and makes himself available for calls. His advice is clear and concise. He has a deep understanding of international trade, which he brings to bear in his advice. He is able to explain complex matters in a digestible way, which makes it straightforward for the recipient to make decisions about how to proceed. He also has a strong appreciation of different types of businesses and sectors, which is vital in how he delivers his advice – practical and clear.’
‘Knowledge of legal areas; business acumen and relationships with governmental officials.’
‘Ability to find solutions to complex matters.’
- Advised Essentra plc on conducting an investigation of exports of components destined for North Korea by Essentra’s UAE subsidiary.
- Advised a large multinational insurance company, serving as an expert witness on US sanctions on the implications of U.S. sanctions on a directors and officers insurance claim from individuals associated with Russian sanctioned entities.
- Assisted an international financial institution with conducting an internal investigation and disclosing of hundreds of transactions to OFAC and other regulators.