International Trade, Investment and Market Access REGULATORY AND GOVERNMENT AFFAIRS

In a global economy, government policies can impede or enable business success: businesses are significantly affected by government policies that directly limit market access, impose non-transparent or unreasonably burdensome government regulations, treat investments unfairly, fail to protect or enforce intellectual property, or subsidize domestic competitors. At the same time, companies doing business internationally face substantial compliance obligations under their domestic laws, such as restrictions on technology exports and economic sanctions.

WilmerHale has a long record of success in assisting clients on these issues, and our trade group is widely recognized as at the top of the field. Chambers USA and Chambers Global give the practice their highest ratings, and rank all of our senior lawyers as national leaders. Three of our younger lawyers are ranked among the top 10 trade lawyers to watch under 40.

Apart from their track record in private practice, several of our lawyers have high-level and directly relevant US, European or global government experience. One of our lawyers was the United States Trade Representative from 1997 to 2001; others served as USTR General Counsel, Associate General Counsel and Assistant General Counsel; and one member of our team was an International Trade Counsel for the Senate Finance Committee and served in the US Department of Commerce’s Import Administration. In Europe, one of our lawyers chaired the WTO Appellate Body and another was a senior trade law advisor to the European Commission. With respect to China, our team includes the chief US architect and negotiator of China’s entry into the WTO and one of the leading regulatory lawyers in Beijing (and a member of the Board of Governors of the American Chamber of Commerce—People’s Republic of China).

In all, we have a fully integrated team of 20 lawyers and trade specialists in the United States, Europe and China. The practice comprises four key areas, and we have a strong track record in each.

  • In helping open world markets, we have had some landmark victories, representing Boeing in successfully challenging European subsidies to Airbus in the largest WTO case in history; a coalition of leading high-tech companies in successfully challenging EU efforts to undermine the seminal Information Technology Agreement; and US companies in multiple sectors in high-profile market access disputes with the governments of China and India.
  • In advising on trade policy and trade negotiations, we have helped develop or shape key trade initiatives and legislation both in and outside government, including Congress’ landmark grant of Permanent Normal Trade Relations to China; negotiating priorities in the Trans-Pacific Partnership free trade agreement negotiations; Congressional implementation of various US free trade agreements; and trade-related provisions in Internet, patent and drug importation legislation.
  • In assisting companies in unfair trade investigations, we obtained the lowest duty rate among the Big Three auto companies in an antidumping and countervailing duty case brought by China; convinced the US Commerce Department and International Trade Commission to impose and maintain antidumping and countervailing duty orders on imports from multiple countries that injured our US chemical industry clients; and in the biggest US antidumping case against China to date, our clients were the only Chinese producers that were found to be not subject to duties.
  • In assisting companies with respect to government restrictions on technology exports and economic sanctions, we successfully represented one of the world’s largest international shipping groups with respect to the application of sanctions imposed under ISA/CISADA, and we helped a major US government contractor develop ITAR compliance policies and training programs required for provision of logistics services to the US military at more than 50 forward operating bases in Afghanistan.

In addition, the firm assists companies on a range of other issues that arise in connection with their international operations: compliance with anti-corruption laws such as the Foreign Corrupt Practices Act (FCPA); compliance with anti-money laundering laws; inbound foreign investment into the United States, including review by the Committee on Foreign Investment in the United States (CFIUS); and cross-border corporate advice.

In a global economy, government policies can impede or enable business success: businesses are significantly affected by government policies that directly limit market access, impose non-transparent or unreasonably burdensome government regulations, treat investments unfairly, fail to protect or enforce intellectual property, or subsidize domestic competitors. At the same time, companies doing business internationally face substantial compliance obligations under their domestic laws, such as restrictions on technology exports and economic sanctions.

WilmerHale has a long record of success in assisting clients on these issues, and our trade group is widely recognized as at the top of the field. Chambers USA and Chambers Global give the practice their highest ratings, and rank all of our senior lawyers as national leaders. Three of our younger lawyers are ranked among the top 10 trade lawyers to watch under 40.

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Contacts

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Barshefsky, Charlene

Ambassador Charlene Barshefsky

Chair, International Trade, Investment and Market Access Practice Group

+1 202 663 6130 (t)

charlene.barshefsky@wilmerhale.com

Novick, Robert T.

Robert T. Novick

Co-Managing Partner

+1 202 663 6140 (t)

robert.novick@wilmerhale.com

Lehman_Rob_lo

Rob Lehman

Senior Public Policy Advisor

+1 202 663 6907 (t)

rob.lehman@wilmerhale.com

Cohen, David

David S. Cohen

Partner

+1 202 663 6205 (t)

david.cohen@wilmerhale.com

Esch, Michael D.

Michael D. Esch

Partner

+1 202 663 6420 (t)

michael.esch@wilmerhale.com

Holtmeier, Jay

Jay Holtmeier

Partner

+1 212 295 6413 (t)

jay.holtmeier@wilmerhale.com

Hurewitz, Barry J.

Barry J. Hurewitz

Partner

+1 202 663 6089 (t)

barry.hurewitz@wilmerhale.com

Levin, Sharon Cohen

Sharon Cohen Levin

Partner

+1 212 230 8804 (t)

sharon.levin@wilmerhale.com

Novick, Robert T.

Robert T. Novick

Partner

+1 202 663 6140 (t)

robert.novick@wilmerhale.com

Publications & News

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November 16, 2017

The US Revises Commercial and Travel Sanctions Against Cuba

On November 9, 2017, the US Departments of the Treasury and Commerce implemented President Trump's June 2017 National Security Presidential Memorandum that was designed to tighten restrictions on individual travel to Cuba and on dealings with Cuban military-related entities.

November 15, 2017

David Cohen Named to Advisory Board of National Security Institute, George Mason University Antonin Scalia Law School

The NSI describes itself as “a platform for research, teaching, scholarship, and policy development” related to the security threats facing the US and its allies.

September 26, 2017

Trump Administration Imposes Broad New Sanctions Against North Korea

Over the past several years, as North Korea has increased the capability of its nuclear and ballistic missile program, there has been a steady increase in sanctions pressure against North Korea by the United States and the broader international community. In response to the latest provocations from North Korea, late last week President Trump declared that it was time to “maximize pressure” on North Korea and signed a new Executive Order.

September 18, 2017

EU to Establish a Framework for Screening Foreign Direct Investment

On September 13, 2017, the European Commission issued a proposal for a Regulation establishing a framework for screening foreign direct investment in the European Union.

September 1, 2017

New Policies on China's Overseas Investments

The Opinions divide China's outbound investments by sector into “encouraged,” “restricted” and “prohibited” categories, providing a clearer and more authoritative regulatory framework for regulation of overseas investments by Chinese companies. This WilmerHale Client Alert was also published in Law360 on September 12, 2017.

August 28, 2017

New Sanctions Prohibit US Firms From Wide Range of Dealings With Venezuelan Government and PdVSA

On August 24, the Trump Administration significantly expanded sanctions against the Government of Venezuela, including state-owned oil company Petroleos de Venezuela, S.A.

August 2, 2017

Ninth Circuit Applies the Holocaust Expropriated Art Recovery Act of 2016 to Revive Previously Dismissed Nazi-Era Art Appropriation Case

On July 10, 2017, the US Court of Appeals for the Ninth Circuit became the first circuit court to apply the six-year statute of limitations from the Holocaust Expropriated Art Recovery Act of 2016 (HEAR Act). In Cassirer v. Thyssen-Bornemisza Collection Found., 2017 U.S. App. LEXIS 12265 (9th Cir. Cal. July 10, 2017), the Ninth Circuit revived a Nazi-era art appropriation case that the district court had dismissed in 2015, after finding the plaintiffs' claims to a Camille Pissaro painting to be timely under the HEAR Act, and finding triable issues of fact—principally under Spanish law—regarding transactions involving the painting.

July 31, 2017

President Expected to Sign New Sanctions Bill to Constrain Presidential Authority While Expanding "Sanctions Toolkit" for Russia, Iran, and North Korea

On July 27, the US Senate passed the Countering America's Adversaries Through Sanctions Act, a comprehensive sanctions bill that expands US sanctions against three countries: Russia, Iran and North Korea.

July 13, 2017

Hobby Lobby Forfeits Thousands of Ancient Iraqi Artifacts, Pays $3M, and Admits Fault to Settle Civil Forfeiture Action

The US government's settlement with Hobby Lobby on July 5, 2017 is part of its broader effort to combat trafficking in looted antiquities from the war-torn Middle East and to reduce market demand for such objects by punishing participants in the black market. This WilmerHale Client Alert was republished on NYU Law's Compliance & Enforcement blog.

June 28, 2017

Six WilmerHale Partners Listed in The Best Lawyers in Germany© 2017

In cooperation with Best Lawyers®, German newspaper Handelsblatt has named six WilmerHale partners as The Best Lawyers in Germany© 2017 in their respective areas of practice, and Partner Ulrich Quack was honored as “Lawyer of the Year 2017” in the field of Competition/Antitrust Law.

Recognition

WilmerHale is regarded by many as the leading law practice in matters of international trade. We have represented companies and industries from the US, EU and more than 30 other countries before administrative, judicial and legislative bodies throughout the world. The depth of our trade team is reflected in an exceptional roster of lawyers, many of whom have served in senior executive positions in government and industry. We have a fully integrated team of almost 40 lawyers and trade specialists in the United States, Europe and China.

Our International Trade Practice has received significant recognition internationally.

  • In its 2014-2016 editions, Chambers USA: America's Leading Lawyers in Business has recognized WilmerHale as a leading firm in international trade on a national level. In the 2016 edition, sources stated that the firm "stands out in its flexibility and creativity to develop legal arguments following our strategic aim" and praised our "ability to translate some of the complexity in the trade law or issues of a case into something more readily understandable by their clients." On an individual level, Charlene Barshefsky is recognized for her influence in the policy sphere, and was noted by sources as a "class act" with "an enormous amount of talent and experience from her days as our trade ambassador"; Benjamin Powell is lauded for his "expertise pertaining to the CFIUS review process," with clients noting his "full command of substantive law and process as well as internal agency workings"; Ronald Meltzer is recognized as "a tremendous resource," particularly for his work on export controls and economic sanctions; and Robert Novick is noted as a highly esteemed practitioner in the field of trade remedies, and "his relationships and knowledge in the area of trade litigation make him a very effective advocate."
  • In 2014, 2015 and 2016, Chambers Global: The World's Leading Lawyers named WilmerHale a leading law firm in the area of international trade in the United States and globally. In addition, Charlene Barshefsky, Ronald Meltzer, Robert Novick and Benjamin Powell all received individual honors.
  • In the "Best Law Firm" rankings by U.S. News and Best Lawyers, our international trade practice was ranked in the first tier nationally and in Washington DC in the 2014-2017 editions.
  • Chambers Europe 2012 recognized our practice with rankings in Belgium and Europe-wide, individually calling out Claus-Dieter Ehlermann as a senior statesmen in both categories. Ehlermann is cited by clients as "a very eminent practitioner."
  • The Best Lawyers in America2013 named Charlene Barshefsky, John A. BurgessRonald I. Meltzer and Robert T. Novick, as leading lawyers in International Trade and Finance Law.
  • The Legal 500 2013 recognized our "seasoned" group for its "extensive experience in the technology sector," and "WTO disputes, trade remedies litigation and export control matters." Individually, the guide praises Charlene Barshefsky, Robert Novick and Naboth van den Broek.