Patrick J. McLain


McLain, Patrick J.
Patrick McLain's practice involves international economic regulation and trade policy, with a focus on WTO litigation and market access counseling; antidumping and countervailing duty proceedings before the US Department of Commerce, International Trade Commission and federal courts; and export control matters. Recent representations include the WTO disputes between the United States and European Union concerning large civil aircraft, as well as trade litigation and counseling involving the automobile, chemical, information technology, telecommunications and wooden furniture industries. A significant portion of Mr. McLain's practice relates to inbound and outbound trade with China.
Prior to joining the firm, Mr. McLain clerked for the Hon. Jane A. Restani, Chief Judge of the United States Court of International Trade. In addition to serving the chief judge on a variety of trade remedies and customs cases before the Court of International Trade, he supported her work as a visiting judge with the US Courts of Appeals for the First, Third, Sixth, Ninth and Eleventh Circuits, as well as the US District Court for the District of Columbia.

Honors & Awards

  • Recommended in the 2017 edition of The Legal 500 United States for his international trade practice.
  • Mr. McLain is one of only four attorneys named by Law360 as a "Rising Star" in 2015 in the field of international trade law. This is the second consecutive year that he has been recognized in the field.

Publications & News


April 3, 2018

USTR Releases Proposed List of Chinese Products to Be Subject to Section 301 Tariffs

On April 3, the Office of the United States Trade Representative (USTR) released a list of proposed products that may be subjected to additional tariffs of 25 percent ad valorem, in accordance with President Trump's March 22 Presidential Memorandum directing action pursuant to Section 301 of the Trade Act of 1974.

March 23, 2018

New Presidential Proclamations Amend Section 232 Tariffs on Steel and Aluminum Imports, Including Temporary Exemptions for Wider Group of Countries

Yesterday, President Trump issued new Proclamations regarding Section 232 tariffs on steel and aluminum, amending the original Proclamations (9704 and 9705) issued on March 8.

March 19, 2018

U.S. Department of Commerce Provides Further Guidance Regarding the Process for Submitting Exclusion Requests to the Section 232 Tariffs on Steel and Aluminum Imports

The U.S. Department of Commerce has published an interim final rule establishing procedures by which organizations may submit requests for exclusions from the Section 232 tariffs.

March 9, 2018

President Trump Issues Proclamation Imposing Tariffs on Steel and Aluminum Imports

Yesterday President Trump signed two Proclamations that impose 25 and 10 percent tariffs on imports of certain steel and aluminum products, respectively, other than those imported from Canada and Mexico.

March 6, 2018

President Trump Expected to Impose Section 232 Tariffs on Steel and Aluminum Imports

President Trump stated on March 1 that his administration would impose a 25 percent tariff on steel imports and a 10 percent tariff on aluminum imports for an indefinite period.

April 20, 2015

Law360 Names Patrick McLain an International Trade Rising Star

Counsel Patrick McLain has been named among Law360's 2015 list of Rising Stars in international trade law. He is one of only four attorneys to be awarded in this category.

May 1, 2014

Patrick McLain Named an International Trade “Rising Star” by Law360

December 9, 2009

WilmerHale Announces 2010 Promotions

WilmerHale is pleased to announce the firm's 2010 elevations, which will become effective on January 1, 2010. A full list of elevated partners and special counsel can be found at the end of this press release.

March 15, 2005

A Progress Report on Rule 23(f): Five years of Immediate Class Certification Appeals

(Co-author Brian C. Anderson) Wash. Legal Found. Legal Backgrounder

January 1, 2003

Note, Settling the Score with Saddam: Resolution 1441 and Parallel Justifications for the Use of Force Against Iraq

13 Duke J. Comp. & Int'l L. 233

Professional Activities

From 2007 to 2010, Mr. McLain was Chair of the International Trade Law Committee of the American Branch of the International Law Association.

In law school, Mr. McLain was a member of the Moot Court Board and participated in several interscholastic moot court competitions. He was managing editor of the Duke Environmental Law and Policy Forum and a staff editor for the Duke Journal of Comparative and International Law. His student note, Settling the Score with Saddam: Resolution 1441 and Parallel Justifications for the Use of Force Against Iraq, 13 Duke J. Comp. & Int'l L. 233 (2003), was recognized as a Submission of Merit by the Washington Foreign Law Society in connection with its 2004 Justice Robert H. Jackson Award.


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LLM, International and Comparative Law, Duke University, 2003

JD, cum laude, Duke University, 2003, Recipient, Faculty Award for Outstanding Achievement in International, Transnational and Comparative Law

BSFS, Georgetown University, 1998

Bar Admissions

District of Columbia





The Hon. Jane A. Restani, US Court of International Trade, 2003 - 2005

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