International trade in United States
Led jointly by Washington-based Deen Kaplan and Beth Peters, Hogan Lovells US LLP’s international trade and investment group has carved out a reputation for its ‘solid performance’ and ‘deep knowledge of complex international trade dispute settlement mechanisms’. Certainly, the team is distinguished by its strength not only in handling disputes, but also in trade negotiations, an area of focus for Jonathan Stoel. Among its core focus areas, the team is rated for its trade enforcement work, and also has significant experience acting in investigations by the Committee on Foreign Investment in the United States (CFIUS). Brian Curran is highly experienced in matters involving CFIUS assessment and filings. The group also bolstered its capabilities in this space with the hire of Anne Salladin from Stroock & Stroock & Lavan LLP in March 2019. Another differentiator for the team is each practitioner’s sector-specific specialization – a strategy that benefits the team in the context of advising clients on trade risks associated with those sectors. In particular, the team has had recent standout highlights in the areas of telecoms, utilities, manufacturing, and energy and natural resources, among others. The team is also particularly strong in cross-border matters: Benjamin Kostrzewa is a key contact for China-related work, while Kaplan and Mark McConnell names to note for matters involving Canada. Clients have also singled out Jared Wessel, who is noted for his experience handling treaty-based claims and trade policy work.
Other key lawyers:
‘An extremely responsive and professional team’
‘The team at Hogan Lovells US has deep experience, puts significant thought into strategy without overbilling for it, and always presents competently as disputes unfold live. This sounds straightforward, but having observed other small and large law firms, both working with me and in opposition to Hogan Lovells, I think by having consistently solid performance, Hogan Lovells sets itself apart.’
‘The team stands out for its comprehensive experience and deep knowledge of complex international trade dispute settlement mechanisms. Hogan Lovells also excels at fostering strong integrated relationships with other legal counsels involved in international trade, as well as at the efficient exchange of information in a manner that best represents the interests of its clients. Moreover, given the general uncertainty in trade disputes and the tight timeframes required to enable effective participation, it needs to be noted that Hogan Lovells has always met deadlines critical for us – we have always been well-prepared.‘
‘Jonathan Stoel is an exceptional communicator and litigator.‘
‘Jonathan Stoel and Jared Wessel are true experts in the field of nuclear trade law. The respect that they show in dealing with US government officials as well as with other law firms, has been paramount to their success. Given their backgrounds, they understand not just the legal aspects of the case, but also the governmental and bureaucratic instincts of the agencies involved in nuclear trade law. Understanding these instincts allows Jonathan and Jared to think and advise two-three steps ahead, which has allowed us to be more proactive and more prepared than others in the industry.’
Caisse de dépôt et placement du Québec
The Government of Ontario
U.S. Grains Council
Biotest Divestiture Trust
Steptoe & Johnson LLP
Peers describe Steptoe & Johnson LLP’s trade team as ‘a giant in the trade space’, while clients praise its combination of ‘exceptional talent and depth of practice’. Trade matters are handled by the international trade and investment team, and also by the international regulatory compliance team, with Eric Emerson, Meredith Rathbone and Brittany Prelogar jointly leading the wider group. The trio is based in Washington DC, though Rathbone also regularly works in the firm's London office. The department provides comprehensive trade-related legal services, including regulatory compliance advice on export controls and sanctions, and reviews by the Committee on Foreign Investment in the United States (CFIUS). Thanks in part to Emerson's experience abroad, the team is an attractive choice for clients seeking assistance with conducting business in China. Trade litigation is another area of strength for the team, showing broad-base expertise in representing corporate clients, trade associations, and sovereign states. Mark Moran stands out for his extensive litigation experience, particularly in precedent-setting cases brought pursuant to provisions in the World Trade Organization’s (WTO) agreements or US trade law. Other key figures in the team include Matthew Yeo and Amy Lentz, who focus on issues concerning the interpretation and the application of the WTO’s agreements; Brian Egan and Edward Krauland, recommended for their expertise in US- and multilateral sanctions regimes; Susan Esserman, a standout practitioner on the international trade policy front. As for personnel changes in 2019, Pablo Bentes left for Baker McKenzie LLP, but Wendy Wysong joined from Clifford Chance; she will split time between Washington DC and the firm's newly opened office in Hong Kong, which will focus on export control and economic sanctions issues.
Other key lawyers:
‘Steptoe & Johnson LLP is clearly a giant in the trade space, its lawyers do not need an introduction.‘
‘Since I mainly deal with Steptoe & Johnson LLP in the context of US export control and sanctions regulation, we need to receive advice which we can use in the business we are conducting. Whilst export control rules are fairly clear, US sanctions rules are – specifically toward non-US companies – not very clear; Steptoe understands this and has the dexterity to provide workable advice.‘
‘The team at Steptoe & Johnson combines both exceptional talent and depth of practice, which allows the team to focus narrowly on complex international issues. Typically, a client can find either a specialist or a top talent who generalizes, but not Steptoe is the exception. In addition to the lawyers’ deep understanding of technical requirements of the law, I always appreciated the way they brought common sense and true business understanding to their advice. The team members anticipated ways in which their legal advice may have to adapt to the realities of our operations; for this, I could not recommend them more strongly.‘
‘The professionals that I am working with at Steptoe are Ed Krauland and Brian Egan. We are very content with them both — they are quick in getting back, clear and to the point in the legal advice given.‘
‘Brian Egan is exceptional. His knowledge, experience and responsiveness have made him a perfect partner in navigating our difficult and important issues. There is not a single external counsel across any discipline that I value more than Brian.‘
BC Lumber Trade Council
Centrus Energy Corp.
American Beverage Association/ Graham Packaging Company/ Pactiv LLC
Ministry of Commerce of the People’s Republic of China
Government of Australia
Inter Plas Industries
- Representing the BC Lumber Trade Council in a decades-old dispute over imports of lumber from Canada.
- Advising Centrus Energy Corporation on the renegotiation of a nearly 30-year-old settlement agreement of a trade action against imports of uranium from the Russian Federation.
- Acted as lead counsel to American Beverage Association (with PepsiCo as lead), Graham Packaging Company and Pactiv LLC, and importer iResin, in anti-dumping and countervailing duty cases involving imports of PET resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan.
- Representing a coalition of leading Chinese mattress manufacturers before the US Department of Commerce and the US International Trade Commission in the anti-dumping and countervailing duty investigation of imports of mattresses from China.
- Scored a victory before the US Department of Commerce for longstanding client Enbridge Inc. in the anti-dumping investigation of large-diameter welded pipe from Canada.
The team at Arnold & Porter is well positioned to handle CFIUS matters – an area where John Bellinger and John Barker leverage their prior government experience in advising clients across a variety of sectors including aerospace, energy, maritime, and defense. Bellinger and Barker head the export control and trade sanctions group, which also includes Charles Blanchard and Nancy Perkins, who are noted for their expertise in CFIUS matters. David Park and Michael Shor serve as co-heads of the international trade department, which routinely finds itself at the forefront of trade remedy proceedings and trade investigations.
Cytec (now Solvay)
Mitsubishi Materials Corporation
Government of Israel
Province of Alberta, Canada
Samsung Electronics Co.
Toray Chemical Korea
Hyundai Steel Company
- Acted for Rostra Veratherm on CFIUS-related matters concerning its sale to French company Vernet.
- Representing the Province of Alberta as respondent in a US countervailing duty case concerning imports of softwood lumber from Canada.
- Represented Posco, the largest South Korean steel producer, in five independent sets of trade remedy litigation proceedings before the US Department of Commerce.
- Represented Hyosung Heavy Industries Corporation in multiple trade remedy litigation proceedings before the US Department of Commerce and the US Court of International Trade.
- Represented Nexteel Co. in trade remedy litigation proceedings before the US Department of Commerce and before the US Court of International Trade.
Spread across Washington DC, San Francisco, Palo Alto, New York and Chicago, Baker McKenzie LLP’s international trade practice is noted for its national coverage. Headed by Washington DC-based Janet Kim, the department places particular emphasis on its work relating to export controls and trade sanctions. Standout individuals in this space are Kim, San Francisco-based John McKenzie, Nick Coward, and Kerry Contini, that last of whom has been singled out by clients in particular. McKenzie is also highly experienced in customs law matters, acting for multinational clients in complex trade enforcement and compliance issues. Looking to trade remedy matters, Kevin O’Brien and his team have gained considerable experience of institutions such as the International Trade Commission, the International Trade Administration, and the World Trade Organization, particularly in the context of antidumping and countervailing duties.
‘The team has tremendous experience across a broad range of international trade areas and different industries. The team is client-oriented and is always prepared to provide practical guidance. All issues are handled comprehensively and with professionalism at all times.‘
‘The team is composed of true experts in the international trade field. The lawyers are strong on all fronts: export controls and sanctions, customs and import compliance, as well as trade policy.‘
‘A joy to work with, John McKenzie is amazingly accessible, responsive and efficient. John also has a wealth of knowledge.‘
‘John McKenzie has vast knowledge and experience in virtually every aspect of international trade compliance and policy. He provides his clients with sound and reasoned guidance on complex problems in a fast-changing environment.‘
‘I work almost exclusively with Kerry Contini, who is a partner in the outbound trade group. I choose to work with Baker McKenzie because of Kerry and all she brings to the table. Kerry is thoughtful, practical, efficient, and has really invested in getting to know our business and our team. With respect to trade compliance, many decisions are risk-based, which is why Kerry’s understanding of our business allows her to shape her advice with our business risk profile in mind – this makes her support especially valuable.‘
Royal Dutch Shell
- Scored a victory for Camso Inc. in a subsidy investigation before the US Court of Appeals for the Federal Circuit, resulting in the complete revocation of the countervailing duty order imposed on off-the-road tires from Sri Lanka.
- Representing metals manufacturer Golden Dragon in proceedings concerning the imports of copper pipe and tube from China and Mexico.
- Won an order overturning the US Commerce Department’s decision to apply the highest antidumping duty margin to the imports of client Hubbell Incorporated.
Kelley Drye & Warren LLP
It has been another successful year for Kelley Drye & Warren LLP, which has distinguished itself as a standout player in the area of trade remedies. Reflective of its traditional strength in trade litigation, the group stands out for its high success rate in antidumping and countervailing cases, particularly in the context of Title VII investigations before the Department of Commerce and the International Trade Commission. Paul Rosenthal and Kathleen Cannon have decades of experience in this field, acting on the domestic side of the ledger. The team has also shown its ability to act across multiple sectors; a skill that is evidenced in the breadth of its client roster. Of late, the practice group has been especially active for clients in the downstream steel industry. Litigator Alan Luberda chairs the department.
AK Steel Corporation
DAK Americas LLC
Fur Information Council of America
Leather Industries of America
The National Basketball Association
R.J. Reynolds Tobacco Company
The Specialty Steel Industry of North America
Stanley Black & Decker
The Aluminium Association
- Won antidumping and countervailing duty cases brought on behalf of US manufacturers of propane tanks, Worthington Industries Inc. and Manchester Tank & Equipment Co.
- Successfully represented The Aluminum Association in antidumping and countervailing duty cases concerning the imports of common alloy aluminum sheet from China.
- Successfully acted for Nan Ya Plastics Corporation, America in antidumping investigations into low melt polyester staple fiber from Korea and Taiwan.
- Won antidumping and countervailing duty cases on behalf of US manufacturers of polyester yarn, Unifi and Nan Ya Plastics Corporation.
- Successfully represented Hirsh Industries in relation to imports of vertical metal file cabinets from the People’s Republic of China.
King & Spalding LLP’s international trade practice is led by Stephen Orava, who stands out for his in-depth experience of trade policy and US and non-US trade remedy investigations, among other matters. Christine Savage heads the export controls, economic sanctions, and CFIUS group. Among its recent highlights, the group has shown itself to be active in actions undertaken pursuant to the Trade Expansion Act of 1962 and the Trade Act of 1974. The team also benefits from strong and consistent working relationships with colleagues in Geneva and London, specifically in the area of WTO dispute settlement. In July 2019, the department was significantly strengthened by the return of Stephen Vaughn, following his service as general counsel of the Office of the US Trade Representative.
‘Substantive strength complemented by keen policy insight and creativity’
‘King & Spalding houses the best and most experienced attorneys in the field of international trade.‘
‘Stephen Orava and Stephen Vaughn have a firm command of the relevant law and procedures, including informal agency customs. They consistently adopt a thoughtful approach to practical problem-solving for clients.‘
Coalition for Acetone Fair Trade
AK Steel Corporation
American Furniture Manufacturers Committee for Legal Trade
Anvil International LLC
Banker Steel Company
ProAmpac and Polytex Fibers
Elkay Manufacturing Company
Archer Daniels Midland Company/ Cargill Incorporated/ Tate & Lyle Ingredients North America LLC
US Magnesium LLC
Dow Chemical Company
Coalition for Sustainable Cement Manufacturing and Environment
- Advised a number of clients on the implications of section 301 of the Trade Act of 1974 and the tariffs implemented by the US President against the $550bn annual imports from China.
- Represented AK Steel in the investigation initiated by the Trump Administration under section 232 of the Trade Expansion Act of 1962 into whether imports of steel threaten to impair U.S. national security.
- Representing the Coalition for Acetone Fair Trade in antidumping investigations of imports of acetone from Belgium, Korea, Singapore, South Africa and Spain.
- Successfully represented Polytex Fibers and ProAmpac Holdings, producers of laminated woven sacks, in antidumping duty and countervailing duty investigations of imports from Vietnam.
- Representing Archer Daniels Midland Company, Cargill and Tate & Lyle Ingredients Americas LLC in an appeal to the U.S. Court of International Trade in an underlying countervailing duty investigation on imports of citric acid and citrate salts from Thailand.
In a market strongly influenced by the use of international economic sanctions, the ‘top-notch’ trade group at Latham & Watkins LLP is enjoying an ever-increasing number of sanctions-related mandates. Contacts in this space include Eric Volkman and practice co-head William McGlone. Jointly leading the department with McGlone is Les Carnegie, who has significant experience in national security reviews, as well as in a wide range of CFIUS clearance issues. Steven Croley has also been singled out by clients for his CFIUS work. Further, to complement its high-quality legal representation and enhance its standing in the CFIUS arena, the firm introduced its mobile application "Foreign Direct Investments Regimes" in October 2019. Litigator Edward Shapiro retired from the partnership in December 2019.
‘Latham & Watkins LLP’s trade team is top-notch and is able to advise on issues at the intersection of law, governmental policy and business. All practitioners are completely up to date and willing to guide their clients through complex issues surrounding government policies and requirements.‘
‘Steven Croley and Les Carnegie went through an exhaustive and extensive CFIUS review in relation to an investment in our company. Steven is a thoughtful and powerful advocate.‘
China Ocean Shipping Company (Cosco)
Integrated Device Technology, Inc.
Costco Wholesale Corporation
Singapore Technologies Engineering Ltd.
- Representing Cosco, a Chinese state-owned shipping and logistics company, in response to the US government designating two of Cosco’s subsidiaries under Executive Order 13846 imposing secondary sanctions with respect to Iran.
- Advising Costco Wholesale Corporation with regard to implementing and maintaining its sanctions and export controls compliance programme across its operation around the world.
- Represented Novelis Inc., a world leader in aluminium rolling and recycling, in its successful efforts to obtain clearance from the CFIUS in connection with its proposed acquisition of Aleris Corporation.
- Represented Integrated Device Technology, Inc., a leading supplier of analog mixed-signal products, in its successful efforts to obtain clearance from the CFIUS in connection with its proposed acquisition by Renesas Electronics Corporation.
- Advising DXC Technology on a wide range of sanctions compliance matters.
Mayer Brown has a notable strength in international dispute settlement in the context of trade, including experience at the World Trade Organization. The practice is particularly adept at representing governments and industries in trade remedy proceedings. In this regard, the firm’s offering is enhanced by the expertise of global trade group chair Duane Layton, who stands out for his prior experience serving as senior counsel for WTO disputes at the US Department of Commerce. The department is also experienced in CFIUS-related affairs, as well as in sanctions and export controls work, areas where clients have recommended Timothy Keeler and Tamer Soliman, respectively. On the customs law side, the team acts for domestic and foreign companies in matters before the US Customs and Border Protection. Sydney Mintzer leads the customs practice. The team is also in a strong position to handle truly cross-border work, acting in conjunctions with professionals in the firm's Brussels office, and in the newly launched trade group in London.
‘Mayer Brown’s trade lawyers have significant expertise in the area of international trade and sanctions, and I feel very confident knowing they are on our team.‘
‘The team could get a complete understanding of our situation, even though we are overseas.‘
‘Timothy Keeler has a deep and substantive understanding of the evolving CFIUS and trade policy landscape. He has a deep network of connections that are difficult to match.‘
‘Tamer Soliman knows his stuff. He is deep in the weeds on international trade, sanctions, and enforcement agencies, so we do not have to be. He is our go-to lawyer for all issues of international trade.‘
Federal Mogul Corporation
Aluminum Excluders Council
Institute of International Container Lessors
Government of Indonesia
- Successfully obtained an exclusion from section 301 tariffs imposed by the Section 301 Committee on the Institute of International Container Lessors and the National Personal Storage Association.
- Representing the Government of Indonesia in a dispute before the WTO Appellate Body concerning Australian measures requiring plain packaging of tobacco products.
- Advising the Aluminum Extruders Council on developments relating to a closely watched US 232 investigation into the national security implications of aluminum imports into the US.
- Representing Razor USA in section 301 proceedings concerning goods imported from China.
- Acting for Sonos on a range of customs matters, including representation in ongoing disputes before the customs authorities.
Sidley Austin LLP
White & Case LLP’s international trade department in Washington DC is fully integrated into the firm’s global network, and is currently involved in trade matters in six continents. The team prides itself on its expertise in trade remedies, particularly in the global steel industry, where practice head Gregory Spak and David Bond are recommended. A highlight from the past year was Walter Spak's representation of Diamond Tools Technology in the first-ever contested case under the Enforce and Protect Act (EAPA). This case stands out not only as an unprecedented legal matter, but also as an example of the team's expansion into the area of customs law. Another name to note is Farhad Jalinous, who has extensive experience representing clients in national security reviews before the Committee on Foreign Investment in the United States (CFIUS). The firm is also an attractive choice for clients seeking advice on the international economic sanctions regime, an area where Nicole Erb and recently promoted partner Cristina Brayton-Lewis are key figures. In February 2019, the team expanded its offering in sanctions compliance with the hire of counsel Peter Chessick from the Office of Foreign Assets Control at the US Department of the Treasury.
Other key lawyers:
‘White and Case’s team has deep experience in international trade and related government proceedings. The lawyers are equipped to deal with responding to government inquiries, as they have contacts in various industries and with different governments. The team brings a practical approach and provides efficient solutions.‘
‘Team leader Gregory Spak has experience with complex matters and provides excellent counsel. Likewise, his entire team is experienced and competent.‘
Tenaris Bay City
Diamond Tools Technology
Salzgitter Mannesmann Grobblech GmbH
The Government of South Korea / The Ministry of Trade, Industry and Energy
Will Semiconductor Co.
Saudi Basic Industries Corporation (SABIC)
Consejo Coordinador Empresarial / Consejo Nacional Agropecuario
The Ministry of Economy, Trade and Industry of the Government of Japan/ The Investigating Authority of Japan
- Successfully obtained steel safeguards on 26 different types of steel products for client Eurofer.
- Successfully represented Tenaris Bay City in obtaining an exclusion from the steel ‘Section 232’ duties for the semi-finished steel necessary to supply the client’s US$1.8bn pipe mill.
- Representing Diamond Tools Technology, LLC (USA) and Diamond Tools Technology (Thailand), Co. in the first-ever contested case under the newly implemented Enforce and Protect Act (EAPA).
- Provided CFIUS-related advice to Capgemini during its acquisition of Leidos Cyber.
- Assisted Will Semiconductor Co. with CFIUS-related advice in connection with US$2.2bn acquisition of Beijing OmniVision Technologies Co.
Wiley Rein LLP
Wiley Rein LLP has remained true to its traditional strength in trade remedies, particularly in the area of antidumping and countervailing duties. Of note over the past year, the department has shown its strength in investigations initiated pursuant to the Trade Act of 1974 and the Trade Expansion Act of 1962. The team is also acting for a number of domestic clients in the steel and the aluminum industries, including the nation's largest steel producer, Nucor Corporation, and multiple leading aluminum producers. Practice head and seasoned trade litigator Alan Price is leading on section 232 investigations for those aforementioned clients. Recently promoted partner Stephanie Bell and Robert DeFrancesco are names to note for investigations, as well as for dispute settlement work at the World Trade Organization. Timothy Brightbill has wide-ranging trade expertise, but is a particularly sought after for trade policy and negotiations. In October 2019, Stephen Claeys departed to accept an in-house position at Pfizer.
Other key lawyers:
Aluminum Extrusions Fair Trade Committee
American Institute of Steel Construction
American Kitchen Cabinet Alliance
American Line Pipe Producers Association
American Manufacturers of Multilayered Hardwood Flooring
American Primary Aluminum Association
Coalition for Fair Trade of Hardwood Plywood
Coalition of American Flange Producers
Diamond Sawblades’ Manufacturers Coalition
Metallurgical Products Company
Rebar Trade Action Coalition
Wind Tower Trade Coalition
American Association of School Paper Supplies
- Acting as a counsel to Nucor Corporation in relation to a full scope of trade matters, including trade remedies, trade policy, export controls and customs.
- Representing the American Kitchen Cabinet Alliance, a coalition of more than 40 US producers of wooden cabinets and vanities, in antidumping and countervailing duty petitions to address unfairly traded Chinese imports.
- Representing the American Institute of Steel Construction in a $2bn antidumping case concerning dumped and subsidized imports of fabricated structural steel from Mexico, Canada, and China.
- Representing SolarWorld Americas, Inc. and its successor SunPower Manufacturing Oregon in multiple trade remedy proceedings at various instances valued at $8bn.
- Acting for multiple representatives of the domestic steel and steel products industry in relation to a full scope of political and legal aspects of the Section 232 duties on steel imposed by the Trump administration.
Akin Gump Strauss Hauer & Feld LLP has demonstrated strengths in export control laws, sanctions programs, customs law, and national security reviews of foreign investment. Contacts in the group include Lars-Erik Hjelm, who has experience serving in multiple capacities at the US Customs Service; Thomas McCarthy, a name to note for trade policy matters; and Bernd Janzen, who focuses on antidumping and countervailing duty proceedings.
Arent Fox LLP
Arent Fox LLP has a strong reputation in trade litigation, owing partially to the experience of standout litigators John Gurley and Matthew Nolan. Clients have also identified Matthew Clark as being ‘highly respected by his peers in the DC trade law bar’. Alongside its trade remedies work, the department is also adept at handling trade compliance and economic sanctions assessments; areas where department head Kay Georgi is the key figure. The customs group is led by David Hamill, and is well versed in acting as external counsel in customs compliance issues, among other matters. The majority of the team is located in Washington DC, but the firm also has a presence in Los Angeles, where Marwa Hassoun is recommended. In light of the recent broadening of the jurisdiction of CFIUS, it also worth noting the expansion of the team’s capabilities in the CFIUS space following the arrival of David Hanke, who formerly held multiple staff positions at the US government. One final point to note, the practice group is also well positioned to advise on US-Canada trade matters, and in fact has a team focusing specifically on issues involving the Canadian market.
‘The Arent Fox team is very dynamic and is able to adapt quickly to the realities across the many varied industries and government departments with which we work. In these uncertain times, it is very reassuring to be able to rely on the AF team.‘
‘Matthew Clark has been our primary counsel on US and international trade matters for over 20 years. He has an expansive knowledge and an unmatched ability to break down complex legal, political and economic issues, and make them easily understood. He has keen judgement 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.‘
‘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-orientated and hard-working, and inspires the members of her team to follow her example. In addition, she is a very pleasant person to work alongside, which is an important trait during long and stressful trade investigations.‘
Melia Hotel Group
Government of Quebec
Hanwha Q Cells
Corey, S.A. De C.V.
- Defending the Melia Hotel Group in Spain against lawsuits brought under Title III of the Helms-Burton Act authorizing lawsuits against foreign parties deemed to be trafficking in property confiscated by the Cuban Government.
- Representing the Government of Quebec in the lumber countervailing duty proceedings, with appeals currently pending before the World Trade Organization and panels established under the North American Free Trade Agreement.
- Acted for the Government of Quebec in the countervailing duty investigation captioned 100- to 150-seat large civil aircraft from Canada.
- Representing multiple companies affiliated with Hanwha Q Cells in Section 201 tariff reviews of solar panels.
- Representing Corey S.A. De C.V. in antidumping and countervailing duties proceedings.
The US-based team at trade boutique Cassidy Levy Kent (USA) LLP is led out of its single US office in Washington, though it is difficult to surpass its strength across the North American region thanks in part to its close cooperation with its Ottawa-based counterpart. The group has gained recognition for its market-leading expertise in customs law, where it handles a full gamut of work for a variety of global tech companies, airlines, manufacturers, retailers, and distributors. The team also has notable strength in the trade remedies space, where it recently took over all trade remedies work for active US petitioner U.S. Steel Corporation; Thomas Beline takes the lead on this representation. Another unique feature of the practice is its ability to handle niche issues arising at the junction of customs law issues and the imposition and collection of antidumping and countervailing duties. Also of note, the firm boasts an in-house team of economists to assist with data analysis and accounting services in the course of trade disputes. Other key figures in the team include firm co-founder Jack Levy and Yohai Baisburd, two seasoned trade-remedy litigators; trade generalists James Cannon, Jr. and Myles Getlan; and customs law practitioner William Baldwin.
Other key lawyers:
Florida Tomato Exchange
U.S. Steel Corporation
Forging Industry Association
Government of Nova Scotia
National Biodiesel Board Fair Trade Coalition, and its members
Delta Air Lines
Leggett & Platt
American Sugar Coalition, and its members
- Represented US Steel Corporation in an antidumping case against imports of cold-rolled steel from Korea before the US Department of Commerce (DOC).
- Represented US Steel Corporation in an antidumping case against imports of hot-rolled steel from Australia before the DOC.
- Successfully represented a number of the largest US mattress manufacturers in an antidumping investigation against Chinese mattress manufacturers, thereby securing the highest US dumping margin on record.
- Representing a coalition of US biodiesel producers in defending antidumping and countervailing duty orders against attempts to unwind them by producers from Argentina and Indonesia.
- Acted for a coalition of large US sugar producers in administrative reviews of suspension agreements governing sugar trade conducted between Mexico and the US.
Covington & Burling LLP
Covington & Burling LLP has stood out in particular for its trade compliance work. Contacts in this space include Peter Flanagan, Kimberly Strosnider, Peter Lichtenbaum (a name to note for export control work) and John Veroneau, who jointly chairs the international trade group alongside Lichtenbaum.
Curtis, Mallet-Prevost, Colt & Mosle LLP’s ‘strongest points lie in its deep knowledge of trade law issues and the communication between the firm’s various offices’. Indeed, the team puts these advantages to good effect in its trade remedy litigation work; a distinctive specialization and an areas in which it appears in cases against the Trump administration and provides defense services to a mix of foreign governments, exporters, and US importers. The team’s recent work also highlights the expansion of its involvement in section 232 matters and national security issues. Further, the practice group also has notable expertise in WTO law, including issues pertaining to the application of the WTO Agreements and legal issues arising beyond the US legal framework. Daniel Porter chairs the international trade group; Porter splits time between Washington DC and Geneva, as do James Durling and Matthew McCullough, all of whom are recommended by clients.
‘The strongest points of Curtis, Mallet-Prevost, Colt & Mosle LLP’s international trade team lie in its deep knowledge of trade law issues and the communication between the firm’s various offices.‘
‘The team is excellent. Its work was thorough, timely, and reasonable from a cost standpoint.‘
‘The firm is relatively small, but clients will know that the lawyers that are working the cases – as opposed to meeting a partner or two but then having the core work done by more junior lawyers. At Curtis, the partners are fully engaged in every project – from working with clients to submit accurate information, conceiving the best approach to take in a given dispute, and personally writing the legal briefs. This dedicated personal client attention is a major plus.‘
‘Daniel Porter, James Durling and Matthew McCullough — all are excellent and each has different strengths. Dan is the most client-centered lawyer I have known in my 20 years of experience; he is fully committed to his client’s case and works exceptionally hard to provide the best possible outcome for the client. Jim is very astute lawyer, with an uncanny ability to identify the key issues are in a dispute. An indispensable member of the team, Matt is very familiar with US and WTO subsidies and countervailing duties and has deep knowledge of all procedural aspects.‘
Saha Thai Steel Pipe Company
Association of Exporters and Industry of Table Olives
Government of Canada
Vicentin/ Carbio/ Government of Argentina
LG Hausys America
Red Sun Farms
Citrosuco North America
Ministry of Commerce of China
- Assisted LG Electronics with obtaining a unanimous negative sunset review determination from the US International Trade Commission, resulting in the termination of antidumping duties against imports of washing machines for the client.
- Defending LG Electronics in an ongoing section 201 case brought against imports of solar panels affecting the client’s significant solar panels export business.
- Assisted Omani PET resin producer Octal with obtaining a reduction in US antidumping import duties from 7.67% to 0.07%.
- Defending Ulma Forja, S. Coop, a global leader in carbon steel flange production, against antidumping claims over the export of substantial quantities of flanges to the US.
- Assisted Toyo Kohan, Japan’s largest producer of nickel-plated steel, with a strategically significant antidumping administrative review in which the client’s antidumping rate was lowered to 0.00% rate.
Hughes Hubbard & Reed LLP fields a team of trade specialists including several partners with decades-long careers in the government. The department remains true to its reputation in the area of multi-party trade remedy litigation, but is also well versed in disputes at the World Trade Organization, economic sanctions matters, and anti-corruption investigations brought pursuant to the Foreign Corrupt Practices Act. The group’s enviable client roster consists of sovereigns, large companies, and industry associations. Ryan Fayhee heads the firm’s sanctions, export controls and anti-money laundering practice, which sits within the larger international trade group. Matthew Nicely is a key contact for US antidumping and countervailing duty investigations before the ITC and the Department of Commerce. In June 2019, the practice bolstered its strength in long-arm US trade regulations with the hire of Roy Liu from Hogan Lovells US LLP. Former practice head Joanne Osendarp left for McDermott Will & Emery LLP in 2020.
‘A team that is instantly recognizable on the market‘
Government of Canada
Solar Energy Industries Association
Ad Hoc Coalition of Cabinet Importers
Vietnam Association of Seafood Exporters and Producers
Government of Indonesia
Daido Steel Co./ Aichi Steel Corp/ Sanyo Special Steel Co.
Export Development Canada
Fabuwood Cabinetry Corp.
NCI Building Systems, Inc.
Electrolux North America, Inc.
Government of Mexico
- Representing the Government of Canada in a longstanding dispute between the US and Canada arisen over imports of softwood lumber from Canada.
- Represented the Solar Energy Industries Association in the section 201 global safeguard proceedings regarding crystalline silicon photovoltaic cells (CSPV).
- Representing an ad hoc coalition of cabinet importers in antidumping and countervailing duty investigations of imports of wooden cabinets and vanities from China before the International Trade Commission.
- Representing a consortium of clients in the Vietnamese shrimp industry in multiple proceedings before administrative agencies and federal courts involving trade between Vietnam and the US.
- Acting for the Government of Indonesia in antidumping and countervailing duty investigations of biodiesel from Indonesia.
Based in Washington DC, Pillsbury Winthrop Shaw Pittman LLP’s trade team regularly serves as external counsel to companies seeking assistance with export controls, economic sanctions and customs issues; senior partner Christopher Wall is among the team's standout individuals for these matters. On the trade remedies front, a team led by practice co-head Nancy Fischer has been acting for a large coalition of nuclear utility clients in relation to section 232 investigations into imports of uranium. This matter showcases another of the team's specializations, as it is able to leverage the strength of the firm’s nuclear energy group in trade remedy work in the nuclear sector. Suspensions agreements and section 301 matters are also handled in the trade remedy space, and in this regard the work of department co-head Stephan Becker stands out in particular. US sellers and foreign buyers also turn to senior associate Matthew Rabinowitz for assistance with obtaining CFIUS clearances; Rabinowitz has extensive experience working with Chinese clients.
‘A knowledgeable team that collaborates well, leverages its connections, and uses its legal expertise and messaging strength to develop cogent, fact-based campaigns to advocate successfully for its clients.‘
‘The team has extensive direct experience in trade disputes, appearing as counsel before the WTO’s dispute settlement panels and in the WTO Appellate Body. It also has direct experience appearing as counsel in the few disputes that have occurred under regional trade agreements.‘
‘Very strong US export licensing knowledge‘
‘The team is tireless, always available and always up-to-date on your file, which is not only helpful but makes a client feel that their matter is given all due consideration and urgency.‘
‘Nancy Fischer is closely familiar with current trends impacting the Committee on Foreign Investment in the United States; she is a go-to source where there are questions about recent transactions, regulatory or legislative developments.‘
‘Steve Becker has accumulated a wealth of front-line knowledge and experience in trade law issues, policies and negotiations at the international and domestic levels. His advice and representation reflect this and make him our top pick for trade counsel for both US and international trade matters. He also makes himself available in any time zone, is a pleasure to work with, and understands the importance of balancing resources allocated to work and budget realities.‘
‘Chris Wall is does a superb job at bringing in the people with the best expertise.‘
Sony Pictures Entertainment
Stanley Black & Decker Inc.
Bank of Cyprus
China National Uranium Corporation Ltd.
Beijing Shanhai Capital Management Co., Ltd.
OGCI Climate Investments LLP
China International Capital Corporation
Government of Mexico
Government of New Brunswick
GE Hitachi Nuclear / Global Nuclear Fuel – Americas LLC
Valmet Inc. (US)/ Valmet Corporation (Finland)
- Representing a large coalition of nuclear utility operators opposing the Section 232 investigation requested by US mining companies seeking the imposition of tariffs or quotas on imports of uranium.
- Serving as external counsel to Airbus Group on a wide range issues including export controls, economic sanctions and customs law issues arising in relation to aircraft and aircraft components.
- Advising the Bank of Cyprus on US sanctions, export control and anti-money laundering compliance matters.
- Regularly advising Cypress Semiconductor on export control- and customs law matters.
- Serving as external US counsel to Mexico’s Secretary of Commerce for matters involving the North American Free Trade Agreement and the World Trade Organization.
Led by former US Trade Representative Charlene Barshefsky, the international trade, investment and market access department at WilmerHale is a top choice for US and global policy trade assistance. In the area of WTO litigation, a team led by Robert Novick and Naboth van den Broek represented The Boeing Company in disputes between the US and the EU regarding subsidies provided to Airbus by the EU. The group is also regularly retained for export controls and economic sanctions work; senior counsel Ronald Meltzer is a reputable sanctions specialist and counsel David Horn is also recommended. In the investment space, Benjamin Powell and Jason Chipman are the key contacts for matters involving the Committee on Foreign Investment in the United States. For CFIUS mandates, clients can also turn to newcomer Lauren Mandell, who held a senior position at the Office of the US Trade Representative prior to accepting a special counsel position in June 2019. Sharon Cohen Levin left for Sullivan & Cromwell LLP in September 2019.
Other key lawyers:
‘Strong subject matter expertise, coupled with good connections in the US and in foreign jurisdictions. The team is also very responsive and able to look at the bigger picture.‘
The Boeing Company
Delta Air Lines
- Representing The Boeing Company in multiple US-EU aircraft disputes arising out of the EU’s launch aid to Airbus.
- Acting for the US airline industry — Delta Air Lines, American Airlines, and United Airlines— in the so-called “open skies” dispute with three state-owned airlines in the Middle East.
- Acting as sole counsel to a leading WTO member state in its capacity as a complainant in a WTO case brought against Brazil.
- Representing multiple companies in connection with the Trump administration’s section 232 investigations of steel, aluminum and autos, and its section 301 investigation of Chinese IPR practices.
Baker & Hostetler LLP has core strengths in two primary areas of international trade: trade compliance and trade remedy work. As evidenced by the variety of its client roster, the team is adept at acting for established names in the forest products, automotive, and heavy equipment manufacturing sectors, as well as for emerging technology and defense companies. Kerry Scarlott and Barbara Linney lead the department out of Washington DC, and both stand out for their extensive experience dealing with federal agencies. The team also has a strong presence in Houston, where Matthew Caligur and Lana Muranovic are key contacts, and associate Casey Weaver is also based. Washington-based duo Elliot Feldman and counsel Mark Lehnardt have also been recognized by clients.
‘The team is clearly very collegiate. It is also able to analyze circumstances, assemble and organize a team, and smoothly execute the task at hand.‘
‘A very well-rounded team, which is very efficient, experienced and extremely knowledgeable.‘
‘No improvisation, never. Attention to details, always. The team is also very professional and delivers what its promises.‘
‘I have been working with the Baker Hostetler team in Houston and Washington DC for years. The firm is unique in that it has the requisite vital connections to the regulators in DC, but it also has the staff in Houston which intimately understands my business as well as the energy and construction industries in a way that East Coast lawyers do not.‘
‘My experience of dealing with Barbara Linney over the course of many years has been and remains overwhelmingly positive. She inspires confidence in clients and lawyers alike in an area of legal practice that is notorious for its complexity and pitfalls. She is diligent and reliable and an absolute pleasure to work with. She is not afraid to speak her mind and has excellent commercial judgement.‘
‘Mark Lehnardt is very pleasant to work with. He has deep knowledge of how processes within the Department of Commerce work, as he has worked there before. Mark makes himself available and always responds in a timely manner. He is driven and is not afraid to try out new things in an alternative way to deliver results.‘
‘Elliot Feldman is extremely knowledgeable, credible and experienced. Everybody carefully listens to what Elliot has to say as he commands respect. He is highly respected in the lawyers circle and at the Department of Commerce.‘
‘Lana Muranovic and Casey Weaver are top-notch lawyers. They know their practice areas, they know my business, and they know how to apply their knowledge and experience to the needs of my business in a reasoned, measured and business-friendly manner.‘
Ontario Forest Industries Association/ Québec Forest Industries Council/ Resolute Forest Products
Sumec Group Corporation
Bomag Americas, Inc.
Dynapac North America
Firefly Aerospace, Inc.
Spire Global Inc.
The Dow Chemical Company
- Assisting Ontario Forest Industries Association, Québec Forest Industries Council, and Resolute Forest Products, with three separate appeals arising out of the softwood lumber dispute between the US and Canada.
- Assisted Sumec Group Corporation with successfully challenging a longstanding practice of the Department of Commerce concerning changes to antidumping duty rates and their entry into force.
- Successfully assisted Fi-Foil Company with submitting Section 232 exclusion requests, seeking an exemption from an order imposing a 10% tariff rate on imports of aluminum.
- Assisted Bomag Americas, Inc. and Dynapac North America with obtaining exclusions from the Office of the US Trade Representative in relation to Section 301 tariffs imposed on road construction equipment.
- Assisting space-to-cloud data and analytics company Spire Global Inc. with a full array of matters concerning the application of US export controls and sanctions laws and regulations.
Clifford Chance’s trade practice is noted for its prominence in the area of international sanctions, where it acts for a varied client roster including industrial and tech enterprises, leading financial institutions, trading companies and global investors. In particular, multiple work highlights showcased the team's engagement with the US Office of Foreign Assets Control on sanctions-related issues, an area where department head George Kleinfeld is the key contact. The group includes several former government officials, prosecutors and senior practitioners, with managing partner David DiBari, Joshua Berman and Glen Donath all deserving of particular mention.
‘The firm’s trade compliance practice forms part of the integrated global group. Very knowledgeable partners with a good mix of backgrounds.‘
The London Metal Exchange
- Assisted UniCredit Bank AG with compliance matters concerning sanctions imposed by the US Office of Foreign Assets Control (OFAC).
- Representing ZTE Corp., China’s largest listed telecoms equipment company, in a US investigation of unauthorized exports of US-origin telecom equipment to Iran and other embargoed countries.
- Conducting a global investigation on behalf of a large non-US freight forwarder concerning compliance with OFAC sanctions, as well as acting on related representation in front of US federal government agencies.
- Representing a leading foreign bank which is cooperating with an investigation conducted by the District Attorney of New York of violations of OFAC regulations committed by clients of the bank.
- Advising a European aerospace company on its development of an export control compliance program.
Davis Polk & Wardwell LLP
Davis Polk & Wardwell LLP adopts a multidisciplinary approach to international trade, bringing together the expertise of seasoned financial, regulatory and compliance professionals, who work seamlessly in conjunction with the corporate- and white-collar crime departments. With this approach, the team is well position to handle export control and economic sanctions work, and indeed, it enjoys a solid track record in matters falling under the remit of the Office of Foreign Assets Control. Washington-based counsel Will Schisa is noted for his extensive experience dealing with sanctions administered by the OFAC. Department head John Reynolds is the contact for CFIUS work; he divides time between Washington DC and New York.
Other key lawyers:
Banco Bilbao Vizcaya Argentari (BBVA)
China National Offshore Oil Corporation (CNOOC)
Credit Suisse Group
Edmond de Rothschild
Jointly led by Amanda DeBusk and Jeremy Zucker, Dechert LLP's DC-based international trade and government regulation practice is praised by clients as 'practical and business-oriented'. DeBusk previously served as the US Commerce Department Assistant Secretary for Export Enforcement, and regularly acts alongside Melissa Duffy in export controls mandates. The team also places special emphasis on regulatory compliance matters, and attracts praise for its depth of expertise in Office of Foreign Assets Control affairs. Indeed, the group's recent work includes notable representations involving violations of OFAC's sanctions regulations in the travel and the aviation sectors.
Other key lawyers:
‘Dechert has a great personal touch; the team is practical, business-oriented, highly available and gets the job done on time.‘
‘My company has critical international trade needs, and we rely heavily on Dechert’s team. We view the team as one of the best. The team is led superbly by Jeremy Zucker, who is incredibly practical and conscious of time and cost in line with the requirements of our business. Jeremy is one of the best US lawyers with whom I have dealt in my 15 years of practising.‘
‘Jeremy Zucker is exceptional when it comes to his knowledge and skill in his practice area. He instils great confidence by providing clear and practical advice in a manner which is easily understood by non-legal staff members.‘
‘Jeremy Zucher is very personable and knowledgeable, and has excellent oral and written skills; he also shows great understanding of complex legal issues in the area of finance.‘
August Koehler SE
Ford Motor Company
GIC Private Limited
Trace International, Inc.
- Representing, defending and counseling Huawei Technologies Co. Ltd. in multiple matters involving compliance with US export controls and economic sanctions as well as Entity List designation.
- Representing August Koehler SE in longstanding trade issues stemming from an antidumping case.
- Represented a Singapore-based sovereign wealth fund before he Committee on Foreign Investment in the United States in connection with multiple high-value transactions.
- Represented Hotelbeds Group in connection with an internal investigation, a disclosure to the enforcement authorities, and negotiating a settlement of penalties with the OFAC regarding Cuba-related sanctions violations.
- Assisted Apollo Aviation Group with an internal investigation, a voluntary disclosure to the enforcement authorities, and negotiating a settlement of penalties with the OFAC and the Bank for International Settlements regarding violations of the US sanctions regime imposed on Sudan.
Led out of New York by Kimberly Zelnick, Freshfields Bruckhaus Deringer LLP's sanctions and trade group specializes in US economic sanctions and export controls. Counsels Stephanie Brown Cripps and Nabeel Yousef, based in New York and Washington DC, respectively, are also standout sanctions practitioners. DC-based special counsel Christine Laciak is a contact for CFIUS matters.
Gibson, Dunn & Crutcher LLP
Gibson, Dunn & Crutcher LLP's international trade department is led out of Washington DC and Dallas, by Judith Alison Lee and senior of counsel Ronald Kirk, respectively. One of the team's differentiators is its ability to work in conjunction with the firm's white-collar and regulatory defense group, which is a great advantage in matters at the intersection of economic sanctions violations, anti-corruption and anti-money laundering issues. Another key figure in this space is Washington-based Adam Smith, who has previously held positions at the National Security Council and the US Treasury Department's Office of Foreign Assets Control. The team typically acts for a well-balanced mix of domestic and international clients, but owing to its strength in the sanctions realm, its client roster has been weighted slightly more on the international side. An area of recent growth for the firm is the virtual currency and blockchain space, where the group handles a variety of compliance and regulatory matters.
Arthur J. Gallagher & Co.
Cadence Design Systems
Williams Companies, Inc.
JR Technology Holdings
The Brink’s Company
Thrivent Financial for Lutherans
Lutheran World Relief
- Serving as sole counsel to ICANN for economic sanctions matters.
- Assisting Arthur J. Gallagher & Co. with US- and EU economic sanctions, as well as with US- and global anti-corruption issues.
- Assisting longstanding client Cadence Design Systems with issues relating to US economic and trade sanctions, anti-money laundering, and export controls.
- Advised The Williams Companies, Inc. on two transactions reviewed by the Committee on Foreign Investment in the United States (CFIUS) in 2019.
- Assisted JR Technology Holdings with prosecuting a CFIUS joint voluntary notice concerning the client’s acquisition by Hitachi, Ltd.
The team at Kirkland & Ellis LLP places strong emphasis on cross-border investment clearance issues involving the Committee on Foreign Investment in the United States (CFIUS). Another area of focus is the US- and the international sanctions regime, and here, the team's recent work reflects a notable strength in private equity-related matters; an area where practice co-head Mario Mancuso in Washington is a name to note. In the New York office, joint practice head Zachary Brez is a key contact for international enforcement and regulatory matters, including complex investigations with a cross-border element. Also recommended is Nick Niles, who leads on enforcement matters from the Chicago office.
Other key lawyers:
Apax Partners LLP
Louis Berger Group
Searchlight Capital Partners
- Advising Apax Partners and Warburg Pincus on securing CFIUS clearance for the $6bn take-private transaction of Inmarsat.
- Leading the CFIUS process for the $2.1bn sale of Huntsman Corporation’s chemical intermediate and surfactants business to Indorama.
- Advised Louis Berger Group on its $400m sale to WSP Global; work included leading the CFIUS process for the transaction.
- Advised Rowan Companies on the CFIUS clearance of its $2.38bn merger with Ensco.
- Secured two CFIUS clearances for Searchlight Capital Partners’ investments in French aircraft company Latécoère, S.A.
McDermott Will & Emery LLP's trade group is chaired by Carolyn Gleason in Washington DC, who has a strong reputation in the field of trade negotiations and litigation. Export controls, economic sanctions and national security reviews of foreign investment also generate stable streams of work for the team. Raymond Paretzky and senior counsel David Levine are additional contacts. Also of note, the firm welcomed several new joiners from Hughes Hubbard & Reed LLP, including Eric Parnes, who joined in Washington DC in July 2020, and Joanne Osendarp, who joined the New York office in August 2020.
Miller & Chevalier Chartered
Based in Washington DC, Miller & Chevalier Chartered houses a sizeable group of seasoned international investigations and compliance practitioners, whose areas of expertise include export controls, economic sanctions, white-collar crime, and anti-money laundering. In dealing with the US enforcement agencies, the team benefits from the extensive experience of its leading partners, many of whom have formerly served as prosecutors and public defenders. The group is active across a full range of FCPA matters; John Davis and international trade department head James Tillen are the go-to advisors in this space. Equally worthy of note, on the economic sanctions and export controls front, the group has carved out a reputation for acting in high-stakes enforcement actions and internal investigations, with a special emphasis on matters exposing clients to potential criminal liability. Also recommended is Timothy O’Toole, who is recognized for defending allegations related to the violation of export controls, economic sanctions, and embargoes.
- Assisting the audit committee of Ecopetrol S.A. with FCPA compliance matters, including conducting an internal investigation into allegations by Colombian prosecutors of approximately $4bn in cost overruns in connection with the construction of a refinery by one of the client’s subsidiaries.
- Representing Daisy Rafoi, a Swiss national and private wealth advisor, who was arrested in Italy on an Interpol Red Notice issued by the US seeking her extradition on the basis of FCPA- and money laundering charges.
O'Melveny & Myers LLP has gained prominence for its work relating to the Committee on Foreign Investment in the United States, where it provides clients with transactional, regulatory and strategic advice concerning their investments. Department co-head and of counsel Theodore Kassinger regularly takes the lead on CFIUS-related work. In the area of trade controls, the team advises on export licensing issues and economic sanctions, including those administered by OFAC; practice co-lead Greta Lichtenbaum is the key contact in the sanctions realm. Clients have also recognized counsel David Ribner, described as ‘practical in his advice and extremely responsive’.
Other key lawyers:
‘I have worked with other firms in the trade area and a number of them are not as practical and focused in advice as O’Melveny.‘
‘I work with counsel David Ribner and Greta Lichtenbaum. Both are exceptional in terms of subject-matter expertise in trade control matters. David is practical in his advice, extremely responsive, and has developed a great working knowledge of our company — we consider him an extension of our legal team. David and Greta are also well versed in trade compliance, including FCPA and anti-corruption matters more broadly.‘
HID Global Corporation
International Business Machines Corporation
- Secured clearance from the CFIUS for Silicon Valley-based electric vehicle company Lucid Motors in connection with more than $1bn in investments from the Public Investment Fund of Saudi Arabia.
- Advised biotechnology company Revance Therapeutics Inc. on a licensing agreement with Shanghai Fosun Pharmaceutical Industrial Development Co., giving Fosun exclusive rights to develop and commercialize Revance’s injectable botulinum toxin formulation RT002 in mainland China, Hong Kong, and Macau.
- Represented Weichai Power, a Chinese-listed company specializing in diesel engines, in connection with its investment in and joint venture with Ballard Power Systems.
- Assisted identity solutions provider HID Global with its acquisition of Crossmatch, including the CFIUS-related aspects of the transaction.
- Secured clearance from the CFIUS for client IBM in connection with the sale of select IBM software products to HCL Technologies.
At Simpson Thacher & Bartlett LLP, the national security regulatory practice has showcased a particular strength in handling reviews of cross-border transactions conducted by the Committee on Foreign Investment in the United States. As a result, the team often sees itself acting for multinational corporations, state-owned enterprises, and investment funds, alongside the firm’s top-tier M&A group. Equally worthy of note, the department is adept at providing general economic sanctions advice, for which clients have singled out the expertise of New York-based George Wang. Following his 2018 arrival in the Washington DC office, Malcolm Tuesley continues to build upon his activity in the CFIUS field; the same goes for of counsel Peter Thomas, who leads the practice group.
‘Simpson Thacher & Bartlett has strong experience involving the Office of Foreign Assets Control (OFAC). The team’s understanding of how private equity and buy-side firms are structured is critical to its ability to offer tailored advice, which enables us to make informed risk-based decisions in relation to OFAC matters. No doubt, one of the top firms in this area.‘
‘George Wang is a sharp lawyer who is knowledgeable and highly experienced in OFAC matters. His working style is incredibly client-oriented – he is responsive, thorough and thoughtful. He is my go-to lawyer for any OFAC-related questions, and I appreciate that he is always able to offer sensible, commercial advice.‘
Blackstone Group / Blackstone Infrastructure Partners/ Blackstone Real Estate Partners
Hellman & Friedman
Macquarie Infrastructure and Real Assets
Oaktree Capital Group
- Assisting Sprint Corporation with obtaining CFIUS approval in connection with Sprint’s $59bn merger with T-Mobile.
- Acting for Versum Materials in connection with CFIUS review issues concerning its acquisition by Merck KGaA for $6.5bn.
- Assisting Cypress Semiconductor Corporation with the CFIUS approval of its proposed $10.1bn merger with Infineon Technologies.
- Advised Blackstone Group on the CFIUS review of its $3.2bn purchase of controlling interest in Tallgrass Energy.
- Advised Melrose Industries on seeking to obtain CFIUS and other national security regulatory approvals for its unsolicited £8bn offer to acquire GKN.
Skadden, Arps, Slate, Meagher & Flom LLP
Ivan Schlager heads up Skadden, Arps, Slate, Meagher & Flom LLP's national security practice, which is well versed in matters involving the Committee on Foreign Investment in the United States. An additional advantage on the CFIUS front is the team's close cooperation with the firm's M&A department. Financial specialist Jamie Boucher acts for a number of financial institutions in issues arising from the enforcement of US anti-money laundering and economic sanctions laws and regulations.
Other key lawyers:
Led by Washington DC-based Theodore Posner, Weil, Gotshal & Manges LLP’s trade group is noted for its ability to handle international trade matters, as well as international arbitration. On the contentious side, the team advises on disputes handled in accordance with dispute settlement mechanisms set out in various international agreements, including the World Trade Organization’s Dispute Settlement Understanding, the North American Free Trade Agreement, and other free trade agreements. Multiple highlights this year have also shown the team acting alongside the firm’s private equity and M&A departments in New York and London, particularly for the purpose of counseling global public and private corporate clients on matters falling under the remit of CFIUS.
CPP Investment Board
MOL Hungarian Oil and Gas Company
The Williams Companies
Ontario Teachers’ Pension Plan Board
Brookfield Asset Management
- Advising Chevron Corp. on a number of matters, including the renegotiation of the NAFTA, as well as an ongoing dispute with the Republic of Ecuador.
- Assisting The Williams Companies Inc. with a variety of steel-related trade matters and other regulatory issues.
- Acted for Brookfield Asset Management Inc. in a CFIUS review of its $4.8bn acquisition of a 62% stake in Oaktree Capital Group.
- Assisted Canada Pension Plan Investment Board with a CFIUS review of its $11bn investment in the Ultimate Software Group, Inc.
- Counseling Ontario Teachers’ Pension Plan Board on a CFIUS review of its investment in a take-private bid for Inmarsat plc, with the client acting in the capacity of a consortium member.
Willkie Farr & Gallagher LLP is a destination for clients seeking to obtain approval for their transactions by the Committee on Foreign Investment in the United States. Another strength of the global trade and investment practice is international trade compliance and economic sanctions; areas of focus for department head David Mortlock. In the fall of 2019, Priya Aiyar left for an in-house role at American Airlines.
‘The team has several advantages: its pragmatic approach, its clear justifications for reaching a certain position, the clear guidance it provides to clients, and its willingness to understand the client’s business.‘
‘The group has practical experience gained within the industry, for example, in relation to governmental sanctions. Such experience means that additional context can be drawn outside the legal advice. It is invaluable in the corporate sector to have advice from someone who has seen a particular scenario play out from different sides. In particular, David Mortlock stands out from the crowd. His high-class knowledge and previous experience are the best.‘
‘I work with David Mortlock – he is an exceptional US sanctions lawyer, who gives very clear and comprehensive advice and always makes himself available, despite the fact that I am based in London. I really cannot praise him highly enough.‘
- Advising a global shipping and logistics company on a large-scale sanctions investigation.
- Assisting Air France with US sanctions and export control advice.
- Advising two global hi-tech companies in relation to a CFIUS notification concerning the acquisition of a hi-tech company located in the US by an international hi-tech company headquartered in China.
- Advising a global IT company on sanctions-related compliance.