Establishing corporate-wide export control compliance programs, drafting compliance manuals, and providing training for U.S. and foreign contractors engaged in trade regulated by the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and the Treasury Department’s Office of Foreign Assets Control (OFAC).
Performing pre-acquisition due diligence and post-acquisition audits relating to mergers and acquisitions of companies engaged in trade subject to U.S. export control regulations, and counseling on the resolution of detected compliance issues.
Performing company-directed and government-directed export compliance audits and preparing associated reports and submissions.
Investigating export control compliance issues and preparing Voluntary Disclosures.
Drafting Technical Assistance Agreements, Manufacturing License Agreements, and Warehouse and Distribution Agreements; then monitoring the agreements through the approval process at the State Department’s Directorate of Defense Trade Controls (DDTC), the Department of Defense, the National Security Agency, and other government agencies.
Seeking Commodity Jurisdiction (CJ) determinations from DDTC to ascertain whether goods are subject to the export regulations administered by the State Department or the Commerce Department.
Negotiating the settlement of Charging Letters issued by DDTC or by the Commerce Department’s Bureau of Industry and Security (BIS).
U.S. Customs and Border Protection matters, including resolution of penalty claims and related seizures and petitions, product classifications and tariff rates, eligibility for preferential programs, and country of origin determinations (e.g., substantial transformation and tariff shift requirements).
Preparing and securing approval of export licenses involving the Departments of State (ITAR), Commerce (EAR), and the Treasury Department’s Office of Foreign Assets Control (OFAC).
U.S. Government Contracts
Bid protests at the GAO, Court of Federal Claims and Federal Aviation Administration.
Breach of contract claims, including winning appeal in the U.S. Court of Appeals for the Federal Circuit to recover contractor's special award fee from NASA. Northrop Grumman Corp. v. Goldin, 136 F.3d 1479 (Fed. Cir. 1998).
Assistance to foreign corporations acquiring U.S. defense contractors or other companies involved with sensitive technologies, including representation before the Committee on Foreign Investments in the United States (CFIUS) and negotiating Special Security Agreements with the Defense Security Service (DSS).
Negotiating revisions to RFPs.
Negotiating subcontracts and teaming agreements.
Negotiating special data rights protections under U.S. Government contracts.
Litigation and settlement of claims against the U.S. Government (such as claims involving defective pricing, contract interpretation, and the interpretation of technical specifications).
Other Matters
Advising on Foreign Military Sale (FMS) transactions and direct commercial sales using FMF.
International litigation and arbitration, including representing Bosnia and Herzegovina in litigation over claimed succession to the debt of the former Yugoslavia.
Federal court litigation, including breach of contract claim arising out of high technology joint development contract.
Litigating issues relating to the Foreign Sovereign Immunities Act.
