Kessler, Jeffrey I.

Jeffrey I. Kessler

Over the past decade, Mr. Kessler has advised leading global companies and industry associations on a wide range of high-profile, cutting-edge international trade disputes and policy issues. 

In the area of WTO dispute resolution, Mr. Kessler has been involved in litigating several precedent-setting cases, including US – Large Civil Aircraft (2nd complaint) (Article 21.5 -US), EC and certain member States – Large Civil Aircraft (Article 21.5 – US), US – Tax Incentives, Argentina – Import Measures, and Brazil – Certain Measures Concerning Taxation and Charges. These disputes involved successful challenges to foreign country trade practices that restrict billions of dollars of international trade per year, as well as successful defenses of US trade practices.

With respect to domestic trade remedies, Mr. Kessler has represented US manufacturers in the chemicals and aerospace industries, helping them achieve multiple victories at the US Department of Commerce, the US International Trade Commission, and the US Court of International Trade. Mr. Kessler also advises leading US companies on free trade agreement rules and negotiations.

A particular area of emphasis for Mr. Kessler's practice is China. Mr. Kessler has assisted leading US companies and industry associations—especially those in innovative, IP-intensive industries—to understand and navigate Chinese trade and investment barriers. Mr. Kessler has advised companies on China's sector-wide subsidy programs, IP policy and enforcement, cybersovereignty and related policies, technology transfer requirements, national security–related technical standards, and restrictions on the supply of foreign services.

Mr. Kessler also has extensive experience with other trade-related issues, such as complex customs classifications and investigations, US procurement rules, Trade Agreements Act (TAA) compliance, and sanctions and export controls.

Mr. Kessler is a member of the American Bar Association and a Term Member of the Council on Foreign Relations.

Experience

Mr. Kessler's recent experience includes: 

  • Assisting the Office of the US Trade Representative in securing a pair of landmark WTO rulings that the EU failed to comply with past WTO rulings condemning $22 billion in subsidies to European industry, while the United States had achieved near-total compliance.
  • Successfully challenging administrative determinations at the US Court of International Trade on issues such as the scope of antidumping duty orders and surrogate country selection.
  • Representing the domestic industry in the first-ever antidumping and countervailing duty investigations of large civil aircraft.
  • Authoring a white paper analyzing previously unidentified patterns of de facto discrimination against foreign companies in China's enforcement of competition law.
  • Providing strategic advice to a US industry association whose members were targeted by a Chinese sector-wide subsidy program.
  • Advising US high-tech companies on the possibility of obtaining Chinese government authorization to enter China's market.

Recognition

  • Selected as a "Rising Star" in the 2018 edition of Washington DC Super Lawyers

Insights & News

Credentials

  • Education

    • JD, Stanford University, 2010

      Articles Editor, Stanford Law Review, John M. Olin Law & Economics Fellow
    • MA, Economics, Stanford University, 2010

    • MA, Philosophy, University of Chicago, 2007

      Century Fellowship
    • BA, Philosophy and Classics, Yale University, 2005

      magna cum laude
  • Admissions

    • District of Columbia

    • California

  • Languages

    • French

    • Spanish

    • Mandarin

Credentials