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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April 26, 2018

China Expands Access to Scientific Data Domestically, Impose Restrictions on Export of Scientific Data

China has issued a new regulation which imposes potentially severe restrictions on the export of scientific data while at the same time calling for wider access to such data within the country.

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 23, 2018

President Trump Directs Action as a Result of USTR's Section 301 Investigation on China's Laws, Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and Innovation

Yesterday, President Trump signed a Presidential Memorandum regarding China's technology transfer, intellectual property, and innovation-related laws, policies, practices, and actions.

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 16, 2018

WilmerHale Recognized for Outstanding International Lawyers and Practices in Chambers Global 2018

In the 2018 edition of Chambers Global, 33 WilmerHale lawyers were named among “The World's Leading Lawyers for Business."

March 14, 2018

Chinese Government Reorganization

Attention during China's annual lianghui focused on adoption of the constitutional amendment to eliminate term limits on the offices of President and Vice President, allowing President Xi Jinping to remain in office indefinitely.

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.

November 16, 2017

The US Revises Commercial and Travel Sanctions Against Cuba

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.

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 2014-2017 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 2017 edition, sources state that the team has "good instincts" on export controls and economic sanctions issues, adding: "They are very responsive to your requests and they are very well respected." One insider attests that "the firm has significant depth and capability in trade policy." Charlene Barshefsky is noted by sources as a "true leader and expert in her field" and "a pleasure to work with," and Benjamin Powell is lauded for his "mastery of the issues and of doing business in Washington.” Another client states: "It is fantastic to deal with Ronald Meltzer," noting "His advice is always timely, clear and to the point." Robert Novick is noted as a highly esteemed practitioner in the field of trade remedies, with a "great deal of talent at the WTO level.” Naboth van den Broek is recognized as an “Up and Coming” attorney, with sources stating that he provides "very insightful advice and a great quality of drafting which is based on the accurate understanding of clients' needs and a profound and vast understanding of international trade law."
  • In 2014-2018 editions, 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, Benjamin Powell and Naboth van den Broek 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.
  • The Best Lawyers in America 2017 named Charlene Barshefsky, Ronald Meltzer, Robert Novick and Naboth van den Broek as leading lawyers in International Trade and Finance Law.
  • The Legal 500 2017 recognized our team, which benefits from the knowledge of many former high-ranking government officials and excels at matters at the intersection of law, business, politics and public policy. Individually, the guide praises Charlene BarshefskyRonald MeltzerRobert NovickBenjamin Powell, David Ross, Naboth van den Broek and Patrick McLain.