USA

Nationwide

International Trade


Nationwide : AN INTRODUCTION

Contributed by Sidley Austin LLP

International Trade: Nationwide: An Overview

The US international trade law agenda reflects the full range of challenges affecting the global marketplace, including tensions in Ukraine, export controls on US crude oil and natural gas, concerns over food safety, heightened border security, and efforts to combat terrorism and promote national security. The slow but steady economic recovery in the United States has brought with it a spate of new trade remedy actions, most targeting imports from Asia. As part of the National Export Initiative, the Obama Administration will move ahead to complete an overhaul of export controls in the coming months, but will likely miss the target to double US exports by 2015. Meanwhile, the Administration is actively involved in two free trade negotiations, and has initiated fewer enforcement actions under World Trade Organization rules.

The following summarizes developments in key areas of practice:

Customs 

US Customs and Border Protection (CBP) processed $2.3 trillion in trade in FY 2013, including nearly 25 million cargo containers, up from FY 2012. Given limited agency resources, the rebound in trade growth underscores the necessity for the government to complete the Automated Commercial Environment (ACE), the automated system for handling imports and exports, incorporating “single window” and fully paperless concepts. Last year saw the implementation of ACE Agile development, enabling CBP to deliver full core ACE processing within three years, including complete cargo processing. More functionality will be introduced into ACE this year. ACE is a key component of CBP’s Trade Transformation initiative, which includes a “simplified entry” program, revision of the regulations governing – and rethinking the role of – customs brokers, creation of virtual “centers of expertise and excellence” aligned with industry sectors – the remainder of which will be rolled out this year – and a “one US government at the border” project. Traders can also continue to expect a renewed focus on food and product safety, antidumping and countervailing duty collection, and intellectual property rights enforcement, and the continued evolution and maturation of trusted trader programs. Congress is expected to consider the proposed CBP reauthorization legislation this year, giving CBP new tools to address new challenges to border security and trade facilitation.

CFIUS 

In the heightened security environment of the last decade, foreign companies have faced significant legal and political uncertainty in deciding whether to acquire or even take a minority stake in a US business. Many high-profile deals have fallen apart due to public scrutiny and controversy. Much of the attention has been focused on the work of the US Committee on Foreign Investment in the United States (CFIUS), an interagency body chaired by the Treasury Department that is charged with reviewing the national security implications of transactions that will result in foreign control of a US business. If CFIUS concludes that a transaction may present national security risks, then it may block or place conditions on the transaction, or even order divestment after a transaction has already closed. CFIUS has the authority to review transactions in any sector, regardless of the size of the deal, and it has often found that a transaction will result in foreign control over a US business even when the foreign entity plans to take only a small ownership share. Once CFIUS has approved a deal, however, it will not reopen the examination. Given the wide sweep of CFIUS authority, an examination of whether and when to file for a CFIUS review has now become a routine part of the due diligence for proposed deals.

Export Controls and Economic Sanctions 

There have been significant new developments with export controls and economic sanctions in the past year, and the pace of change is likely to quicken as the geopolitical situation evolves in countries like Ukraine, Iran, Sudan and Syria.

Most recently, Ukraine/Russia sanctions imposed by both Washington and Brussels have generated serious compliance challenges for many companies. In addition to OFAC sanctions, both the State and Commerce Departments have tightened their licensing policy towards Russia for high technology items and defense articles. The Commerce Department has also started adding Russian companies to its Entity List, which has the effect of triggering license requirements applicable to both US and non-US persons for all items subject to US jurisdiction.

In the realm of export control reform, the Obama administration continues to build “higher walls” around sensitive goods and technology while working to ensure the competitiveness of the US industry. The reforms are also meant to rationalize key aspects of the various US export control regimes and to centralize their administration and enforcement. Recent efforts have focused on shifting a significant number of products and technologies from the US Munitions List to the Commerce Control List. To remain competitive, companies that deal in controlled items must adjust their compliance practices to take full advantage of regulatory changes and to prepare for more coordinated enforcement activity.

Negotiations 

The Obama Administration is pursuing two major regional free trade negotiations as well as negotiations in the World Trade Organization (WTO).

The Trans-Pacific Partnership (TPP) negotiation – begun by the Bush Administration but continued under the Obama Administration – aims to create a free trade agreement that would include Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, Peru, New Zealand, Singapore, Vietnam and the United States. The TPP negotiations may ultimately form the foundation for a wider regional agreement if other countries accede to the agreement.

At the same time, the United States has embarked on negotiations for the Transatlantic Trade and Investment Partnership (TTIP), which would create a free trade agreement between the US and the European Union, the world’s two largest economies. The TTIP negotiation includes challenging issues such as cross-border data flows (and accompanying privacy concerns) and regulatory compatibility.

The conclusion of a new WTO Agreement on Trade Facilitation in December 2013 – the first WTO-wide agreement since the Uruguay Round – has raised hopes of a renewed role for multilateral trade negotiations. The Administration is pursuing three active negotiations in the WTO: a Trade in Services Agreement (TISA), an expanded Information Technology Agreement and, most recently, an agreement on environmental goods.

Congressional passage of “trade promotion authority” (TPA) will be critical to the success of these initiatives. It will be important for stakeholders to provide their input, as any TPA legislation will likely have a profound effect on how future trade negotiations evolve.

Trade Remedies 

In the aftermath of the economic recession, a growing chorus had pronounced that the trade remedies tool had become obsolete as a means of protecting US industry from import competition – until a half dozen new petitions were filed in Washington within a 24-hour period at the end of March 2011. This burst was followed by a steady stream of additional petitions. Several more were filed in 2011 and 2012, including the largest antidumping and countervailing duty investigations to date against imports from China (involving solar panels and cells). Since the beginning of 2013, 17 new petitions were filed, including a new petition against solar products (from China and Taiwan), stainless steel sinks, shrimp, plywood, rail-tie wire, sugar and battery-quality steel.

The filing of a spate of petitions after a long quiet spell may reflect the fact that the US economy’s recovery has brought an increase in imports of both consumer products (such as refrigerators, washers and wood flooring) and of inputs used in the production of goods manufactured in the United States (e.g., aluminum extrusions, galvanized wire and chemicals used in paper production). Industries considering the trade remedies option now believe that they can demonstrate a critical prerequisite to obtain relief – namely, that the financial injury they are suffering has been caused by unfair import competition, rather than the economic recession and the collapse of demand. By the same token, foreign exporters have a more difficult task in convincing US regulators that they are not injuring a petitioning US industry.

WTO Disputes 

With few prospects for completing a new comprehensive round of global trade negotiations on the horizon, governments around the world, with the support of private sector stakeholders, have increasingly turned to WTO dispute settlement to ensure the advantages of the wide-ranging international obligations already agreed to by the 159 members of the WTO.

The past year has seen broader involvement in WTO dispute settlement than in many previous years; for example, Cuba filed its first WTO case. The Russian Federation, which acceded to the WTO in 2012, is now becoming a frequent participant in WTO dispute settlement. At the same time, the EU remains both the leading user and target of WTO dispute settlement. The United States has initiated fewer disputes than in the past, but remains active in a number of pre-existing disputes, including in the compliance phases of the two longstanding disputes over government support to large commercial aircraft.

The issues being addressed in WTO dispute settlement also continue to broaden. New and ongoing WTO disputes also implicate such diverse issues as animal welfare, trademarks and tobacco control, and renewable energy subsidies. Overall, WTO dispute settlement provides tremendous opportunities and challenges for governments and industries in developing and developed countries alike, for which they often seek the assistance of outside counsel.

International Trade - Nationwide

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第一等 |

What the team is known for Continues to be recognized as a market-leading trade group. Receives particular praise for its export controls and economic sanctions expertise, in addition to its celebrated CFIUS and trade policy practices. Sought by major international corporations to advise on business critical trade issues.

Strengths (Quotes mainly from clients)
"They have an excellent understanding of US government departments and processes."

"I find them very responsive, as well as pragmatic and well connected."

"They are very thoughtful about the matters we pursue with them and pay tremendous attention to detail."

Work highlights Advised Canadian oil and gas company Nexen and its US subsidiary on securing CFIUS approval of its acquisition by China National Offshore Oil. 

Continued to advise Canadian aerospace company Bombardier on World Trade Organization (WTO) matters, US trade policy and market access.

Notable practitioners 

Stuart Eizenstat is singled out as a prominent trade policy adviser and admired for his "deep and broad international experience." He recently advised a Moroccan phosphate company on US policy relating to economic integration in North Africa.

Clients report that David Fagan is "extremely knowledgeable and provides good, immediate advice." He is widely acknowledged as a leading expert on CFIUS matters.

Peter Flanagan has an excellent reputation in the areas of export controls and sanctions. Clients characterize him as a "careful, methodical lawyer," who is "always very attentive and engaging," with one source adding that "he's very knowledgeable, but he's also very pragmatic and solution oriented."

Peter Lichtenbaum is a much-praised trade controls attorney, with impressive experience of advising on enforcement actions and investigations. Clients prize his "clear and balanced advice," "thorough and thoughtful" approach and talent for providing "high-level, strategic advice." 

Celebrated CFIUS expert Mark Plotkin is noted for his ability to advise on issues across a broad range of industry sectors. Clients value his "assiduous advice" and insight into the committee's approach.

Clients describe John Veroneau as a "helpful partner in thinking through broad strategic issues." He is regularly called upon to advise on trade policy matters and WTO obligations.

Peter Trooboff has distinguished himself as a senior statesman in the field of export controls and economic sanctions and is much sought for his wealth of experience in the field.

Corinne Goldstein is recognized for her sanctions expertise. Clients admire her "sound, real-world advice," "pragmatic approach" and ability to "provide exactly the level of support you need on nuanced and technical issues."

Significant clients Wanxiang America, BAE Systems, The Carlyle Group, Statoil, Pioneer Natural Resources.

第一等 |

What the team is known for Much-praised group with a diverse trade offering, which encompasses trade policy, in addition to import and export matters. Particularly prominent in the WTO sphere.

Strengths (Quotes mainly from clients)
"Sidley is one of the preeminent law firms for international trade compliance. I use it for the most difficult, complex and nuanced questions."

Work highlights Advised a number of major Japanese steel companies on market access issues concerning Malaysia, China and Indonesia.

Advised a coalition of domestic clothing brands on their strategic approach to the Trans-Pacific Partnership Agreement negotiations on the application of customs rules to clothing and textiles.

Notable practitioners  

Richard Belanger is a highly regarded customs attorney whose client base spans a broad range of industries. Clients value his strategic judgment and ability to find a "good, straight-line solution to problems."

Andrew Shoyer is a leading trade policy lawyer who is known for his WTO expertise. Clients praise his "broad and deep knowledge of trade law."

Clients admire Lisa Crosby's ability to "take something that's very complicated and synthesize it so that all can understand the issue." She is noted for her skill in the field of sanctions and export controls.

Significant clients MasterCard, LG Electronics, Microsoft, General Electric, Nike.

第一等 |

What the team is known for Acknowledged as a preeminent trade practice. Recognized for its excellence across the spectrum of related disciplines. Handles sophisticated and high-profile trade remedies, trade policy, export controls and CFIUS matters.

Strengths (Quotes mainly from clients)
"They're good at strategic advice, as well as legal analysis."

"Their work is of tremendous quality." 

"It's a broad, sophisticated practice." 

Notable practitioners  

Edward Krauland is viewed as a leading practitioner in the area of export controls. He has impressive experience in advising clients on investigations and disclosure issues.

Mark Moran is singled out as a leading trade remedies litigator. Clients praise his strategic analysis and "calm, reliable" approach.

Stewart Baker is a highly regarded CFIUS expert, who is praised for his broad governmental experience.

Clients value Susan Esserman's "relentless work" on their behalf and "deep understanding of commercial interests." She handles a range of trade disputes, including antidumping issues.

Senior statesman Richard Cunningham is identified as a "great talent" in the trade remedies arena. His expertise includes trade litigation and WTO matters.

Stephen Heifetz continues to build on his much-praised CFIUS practice. Clients admire his "impressive knowledge of the law and willingness to bring value by thinking outside the box."

New entry to the rankings Matthew Yeo receives particular praise for his strategic and legal analysis. He focuses on trade policy and litigation.

Significant clients Canadian Lumber Trade Alliance, LG Electronics, MeadWestvaco, MOFCOM, Tata Steel.

第二等 |

What the team is known for Called upon to advise corporations and foreign governments on domestic and international matters. Receives particular praise for its trade remedies and export controls capabilities.

Strengths (Quotes mainly from clients)
"Because of the number of clients they have in this area and their direct contact with the regulatory bodies, they can provide specific and helpful advice when you can't divine the answer by reading the regulations."

"They are invariably thoughtful, always one step ahead on strategy and extremely detail focused."

"They are highly knowledgeable about the CFIUS application process and break down the bureaucracy for us."

Work highlights Continued to advise BAE on a consent agreement imposed by the State Department in relation to export controls compliance matters.

Acted for Tjiwi Kimia, a paper producer from Indonesia, on the US International Trade Commission (ITC) sunset review of countervailing and antidumping orders concerning lined paper materials supplied to schools.

Notable practitioners  

John Barker is singled out as a leading figure in the area of export controls and recently advised UTC on an International Traffic in Arms Regulations (ITAR) audit under a consent agreement with the Department of State. Clients value his ability to remain "calm in the face of challenging situations."

Clients praise Lawrence Schneider's attention to detail and proactive approach. He has extensive experience of advising on trade disputes and policy issues.

Michael Shor focuses on contentious trade matters. Clients characterize him as a thorough and thoughtful practitioner, who is able to give "good, to-the-point advice," with "ease of communication."

Significant clients Empire Resources, Giorgio Foods, Government of Israel, Wieland Metals, Xstrata.

第二等 |

What the team is known for Highly regarded trade group with significant strength across a number of core areas. Best known for handing trade remedies and export matters.

Strengths (Quotes mainly from clients)
"The team is responsive and extremely competent, with a very high level of experience and expertise."

"They're skillful, focused and have good commonsense." 

"They are extremely knowledgeable about the current law, as well as the political and economic circumstances of the file."

Work highlights Represented Ford in an antidumping investigation carried out by the Russian government, which concerned the import of commercial vehicles.  

Advised 3D printing companies Stratasys and Objet on the CFIUS aspects of their merger.

Notable practitioners  

Jeanne Archibald is identified by clients as a go-to lawyer for sensitive matters. She has a distinguished track record in advising on sanctions issues and the CFIUS process.

Clients value Mark McConnell's ability to "understand the political and economic perspectives of a file." He has significant experience in handling antidumping investigations and sunset reviews.

Beth Peters impresses clients with her ability to choose "the right tone, wording and approach" to communicate with the government "actively and effectively." She deals with export controls and sanctions issues.

Deen Kaplan focuses on contentious trade matters, including antidumping investigations. Clients appreciate his talent for "distilling and explaining complex questions and issues."

Lewis Leibowitz is an expert in the trade remedies arena and is described as a "terrific lawyer with great judgment."

New entry Warren Maruyama is recognized for his trade policy expertise. His recent work highlights include advising the Coalition for Privacy and Free Trade on the Transatlantic Trade and Investment Partnership negotiation.

Significant clients Accenture, Babcock International, Government of China, Pfizer.

Band 2 | WilmerHale

第二等 |

What the team is known for Excellent reputation for advising on trade policy and WTO disputes. Also comes recommended for its CFIUS, sanctions and export controls expertise.

Strengths (Quotes mainly from clients) 
"They constantly exceed my expectations. They really listen to the question you're asking and make sure they totally understand what it is you need to know."

"They have a tremendous depth of expertise on WTO rules and are internationally renowned trade experts. They're well connected around the world and have colleagues in other regions who can interpret the local regulations and implications for trade issues."

Work highlights Continued to represent Boeing in relation to the WTO dispute between the US and EU concerning European subsidies granted to its competitor Airbus.

Advised an international collective of technology companies on trade policy considerations, including the ongoing Transatlantic Trade & Investment Partnership negotiations between the US and EU.

Notable practitioners  

Charlene Barshefsky is recognized as a leading trade policy counsel and is sought by businesses to advise on critical market access issues. Clients prize her strategic vision and impressive grasp of the politics that underlie trade law.

Ronald Meltzer is a well-regarded export compliance attorney. His experience encompasses sanctions and export regulation matters.

Co-managing partner Robert Novick is described by clients as a "very client-focused lawyer," who is adept at advising on media-sensitive issues. He is noted for his experience in handling WTO disputes.

Benjamin Powell is a CFIUS expert who advises companies on sales and acquisitions across a range of industry sectors. Clients report that he is "extremely bright and knowledgable," and "very diligent in getting the job done."

Significant clients Alliance for Clean Technology Innovation, Information Technology Industry Council.

第三等 |

What the team is known for Wide-ranging trade practice with significant experience in handling export controls and sanctions investigations. Also fields notable practitioners in the areas of customs and trade litigation.

Strengths (Quotes mainly from clients)
"They take a business approach to legal work, which means they do a good job on the legal analysis and a good job on the business perspective. They're also very responsive."

"It was just superb guidance. They drilled down to the problem immediately and quickly came up with a sensible solution."

"They can tackle complex issues and are very knowledgeable about the subject matter and the issues we face."

Work highlights Advised Ericsson on its settlement with the Bureau of Industry and Security concerning allegations that certain of its subsidiaries breached US sanctions.

Assisted Liberty Mutual Insurance with market access strategy relating to multiple jurisdictions including China, India and Brazil.

Notable practitioners  

Edward Rubinoff is viewed as a leading export control and sanctions attorney and has extensive experience in representing clients in Office of Foreign Assets Control (OFAC) investigations. Clients prize his "deep knowledge of the area."

Client say that Lars-Erik Hjelm is "very effective at getting his head around complex, fact-intensive problems" and "takes a good business approach to work." He advises companies on customs audits, investigations and compliance.

Warren Connelly is noted for his trade remedies expertise. Clients value his ability to "understand the issues unique to the industry in which he's working" when handling antidumping cases.

Valerie Slater impresses sources with her track record in trade litigation. She recently achieved a successful outcome for the Committee for Fair Ammonium Nitrate Trade in an antidumping sunset review relating to imports from Ukraine.

Hal Shapiro focuses on trade policy matters. Clients characterize him as "approachable, responsive, available and user-friendly."

Significant clients Azurix, Catfish Farmers of America, Hyundai, Samsung, UTC.

Band 3 | Arent Fox LLP

第三等 |

What the team is known for Well-regarded trade group, with considerable experience in handling export controls and sanctions compliance, as well as antidumping and countervailing litigation. Also noted for its expertise in customs work.

Strengths (Quotes mainly from clients)
"Their client service is outstanding. They make themselves available whenever we need them."

Work highlights Assisted petitioner company CP-Kelco with antidumping proceedings concerning Austrian and Chinese imports of xanthan gum.

Advised security company G4S on complex export control compliance matters.

Notable practitioners  

Kay Georgi handles a range of export control matters, including ITAR compliance. Clients praise her strategic intelligence and insightful approach to government relations.

Matthew Clark is a noted antidumping practitioner. He represents respondents and petitioners from a variety of industry sectors.

Matthew Nolan is recognized for his experience of advising on contentious trade matters. Clients reserve particular appreciation for his practical knowledge of government process.

Significant clients 3M, Allianz, Government of Korea, National Oilwell Varco, Wal-Mart. 

第三等 |

What the team is known for Particularly well placed to advise on business sensitive sanctions and export controls issues. Others areas of experience include customs compliance and trade remedies litigation.

Strengths (Quotes mainly from clients)
"Their strength is based on a tremendous knowledge of the law, paired with the ability to think strategically."

Work highlights Advised Ancestry.com on sanctions compliance issues, resulting in an OFAC no-action letter in relation to certain allegations.

Continued to counsel Honda on a variety of customs matters, including classification, investigations and audits.

Notable practitioners  

Donald Harrison has a distinguished track record in the area of customs investigations and classification. He has significant experience of advising clients from the automotive industry.

Judith Lee is recognized for her economic sanctions expertise. Clients value her ability to give advice that is "knowledgeable and to the point; she delivers what she says she's going to deliver."

Significant clients First Data, National Bank of Abu Dhabi, Sony Electronics, Western Union, Whirlpool.

第三等 |

What the team is known for Comes recommended for its trade litigation and export controls capabilities. Particularly noted for its significant experience in arbitral proceedings.

Strengths (Quotes mainly from clients)
"They're incredibly knowledgeable and efficient and they give very sound, practical advice."

Work highlights Represented Canada in an arbitration brought by the US government in relation to allegations that the Province of British Columbia had breached the 2006 Softwood Lumber Agreement.

Advised lighting technology company Cree on a number of export controls matters, including obtaining government approval for a new regulation applicable to the telecommunications sector.

Notable practitioners  

Amanda DeBusk receives particular praise for her work in the export controls arena. Clients report that "her views are sound, practical and rooted in what's best for the business."

Joanne Osendarp is well regarded for her ability to handle trade disputes. Sources describe her as "tenacious and intellectually rigorous, with a high level of energy" and that she has "the obvious confidence of her clients."

Matthew Nicely advises clients on trade remedy litigation and treaty enforcement. He acts as trade counsel to a number of corporations, including ThyssenKrupp and HBO.

Significant clients Eaton, ThyssenKrupp Steel Europe, HBO LA, the Vietnamese Shrimp Industry.

第三等 |

What the team is known for Receives high praise for its integrated CFIUS and corporate/M&A practice. Also known for representing petitioners from the manufacturing industry in antidumping and countervailing cases.

Strengths (Quotes mainly from clients)
"It was a seamless experience. They have an incredible depth of CFIUS expertise and a sense of the cadence of the transaction."

Work highlights Advised Sprint Nextel on the CFIUS implications of selling a 70% stake to Japanese company Softbank in a transaction that amounted to $20.1 billion.

Acted for Toshiba on the CFIUS aspects of its acquisition of shares in the Westinghouse Electric Company.

Notable practitioners  

Ivan Schlager is highly sought to advise on CFIUS matters and has particular expertise in the telecoms sector. Clients prize his "custom-crafted" approach to transactions, in addition to his understanding of the political landscape and ability to navigate the government process.

James Hecht comes recommended for his trade remedies practice. He is regularly called upon by US companies to represent them in antidumping and countervailing matters.

Robert Lighthizer has distinguished himself in the field of trade remedies litigation. His recent experience includes antidumping and countervailing disputes arising in the manufacturing sector.

Malcolm Tuesley is building a strong reputation for advising buyers and sellers on transactions involving CFIUS proceedings.

Significant clients A123 Systems, China Three Gorges, Marubeni, EMC.

Band 3 | Wiley Rein LLP

第三等 |

What the team is known for Particularly active in the area of trade dispute resolution. Also noted for its experience of OFAC matters.

Strengths (Quotes mainly from clients)
"They have specialist knowledge of the specific issues affecting our industry and clearly understand our product area. They are very good at drilling down to get that information."

"They have strong substance knowledge and are very good on case strategy."

Work highlights Represented Nucor in a number of WTO proceedings, including in relation to India's challenge to US subsidies imposed on imports of hot rolled steel. 

Acted for petitioner SolarWorld in antidumping and countervailing litigation concerning solar panels imported from China.

Notable practitioners  

Alan Price is a highly regarded trade litigator, who is praised by clients for his "big picture-oriented" approach and talent for explaining strategy "clearly and concisely." His recent experience includes WTO proceedings and US antidumping reviews.

Sources are impressed by Timothy Brightbill's adept handling of trade disputes. Clients value the "thorough and detailed" quality of his work and his excellent communication skills.

Senior statesman Charles Verrill has an eminent reputation in the fields of trade policy and litigation.

New entrant Serena Moe is noted for her extensive sanctions expertise. She is particularly well placed to advise financial institutions on compliance issues.

Significant clients Aluminum Extrusions Fair Trade Committee, Association of American School Paper Suppliers, Diamond Sawblades Manufacturers’ Coalition, Maverick Tube, Wind Tower Trade Coalition.

第四等 |

What the team is known for Boutique trade practice with an impressive background in trade remedies. Also called upon to provide strategic advice on trade negotiations and disputes.

Strengths (Quotes mainly from clients)
"We value their strategic, legal and political advice tremendously."

"The firm has extensive expertise in trade law and very good political judgment."

Work highlights Represented Whirlpool in antidumping and countervailing disputes with Mexico and South Korea.

Advised Husqvarna on antidumping proceedings concerning Chinese imports of diamond saw blades.

Notable practitioners  

John Greenwald represents petitioners and respondents in antidumping matters. Clients describe him as an "exceptionally good antidumping lawyer," who is "willing to take firm positions in tough cases."

Jack Levy focuses his practice on trade remedies. His recent work highlights include advising Tronox on a sunset review of duties imposed on Chinese and Australian imports of electrolytic manganese dioxide.

James Cannon advises clients on trade litigation. Sources mention him as a notable presence at the trade bar and admire the diversity of his expertise.

Significant clients Copper Tube Coalition, ICL Industrial Products, Linde Group, Occidental Chemical, Thomas Steel Strip.

第四等 |

What the team is known for Demonstrates particular strength in the areas of export controls, sanctions and customs. Significant experience advising companies subject to investigations and penalty proceedings.

Strengths (Quotes mainly from clients)
"Their responsiveness is excellent. They are always quick to provide sound guidance and help us develop responses and strategies to maintain our compliance position."

"They are a great team who communicate clearly and provides frequent updates on their progress."

Work highlights Represented Siemens Medical Solutions before US Customs and Border Protection, successfully obtaining confirmation that certain ultrasound equipment within its product line qualified as US-origin goods.

Advised American Optisurgical on OFAC proceedings arising from allegations that the company had breached US sanctions.

Notable practitioners  

Jeffrey Snyder has a distinguished track record of advising on issues relating to sanctions and export controls. His recent experience includes advising on internal investigations and compliance matters.

Clients report that John Brew "has a wealth of knowledge and experience of US import compliance issues and is very helpful at working through complex problems." He advises on customs issues arising in a variety of industry sectors.

Significant clients Caltech, Caterpillar, DuPont, General Motors, Schlumberger.

第四等 |

What the team is known for Strong reputation in the area of trade remedies, particularly for its work on the respondent side.

Strengths (Quotes mainly from clients)
"They're adept at understanding international trade law from international angles."

Work highlights Continued to represent GPX International Tire in countervailing litigation against the US government, including a constitutional challenge to recent legislation.

Advised Jacobi Carbon on an antidumping review concerning imports from China.

Notable practitioners  

William Barringer has an excellent reputation in the field of trade remedies. He recently represented a collective of Vietnamese shrimp importers in an antidumping review.

Christopher Dunn concentrates on trade litigation and compliance advice. His work highlights include acting as trade counsel to the Embassy of Colombia on the newly ratified free trade agreement between the US and Colombia.

James Durling has a broad trade practice, which encompasses antidumping and countervailing litigation and investigations. He is part of a team that has represented the Chinese government in a number of recent WTO disputes.

Clients value Daniel Porter's ability to help them understand the strategic options they face. He focuses on trade litigation and recently advised Japanese steel manufacturer Toyo Kohan on the response to a US antidumping investigation.

Significant clients Korea International Trade Association, Shelter Forest International, Embassy of Columbia, Toyo Kohan.

第四等 |

What the team is known for Well-regarded trade remedies practice and also noted for its advice on export controls and customs.

Strengths (Quotes mainly from clients)
"They're high-quality attorneys, who are very good on strategy and communicating strategy."

Work highlights Represented the petitioner Elkay Manufacturing in antidumping and countervailing proceedings relating to Chinese imports of stainless steel sinks.

Notable practitioners  

Joseph Dorn is viewed as a preeminent figure in the trade remedies arena. Clients prize his efficiency in communication and decision-making, in addition to his talent for large-scale strategic planning.

Clients are impressed by Gilbert Kaplan's insight into their operations and industry sector, and value his "strategic, practical and collaborative" approach. His recent experience includes trade negotiations and WTO litigation.

Stephen Orava handles antidumping and countervailing matters. Clients praise his knowledge and experience, as well as his diligent approach to matters.

Significant clients AK Steel, American Furniture Manufactuers Committee for Legal Trade, Appvion, NewPage, US Magnesium.

第四等 |

What the team is known for Recognized for its CFIUS and sanctions expertise. Well placed to advise on matters involving potential criminal liability.

Notable practitioners  

Theodore Kassinger is singled out as a leading CFIUS expert, with extensive experience of the government process.

Sources admire Greta Lichtenbaum's adept navigation of technical regulatory issues. She is well regarded in the area of sanctions and export controls.

第四等 |

What the team is known for Considerable experience in advising multinational clients on export controls and sanctions compliance. Also handles WTO and customs concerns.

Strengths (Quotes mainly from clients)
"They've been a safety net for me in terms of flagging up issues. They're very solutions-oriented and give practical advice, which is very helpful."

"They give targeted advice that's applicable to our industry rather than just the legal discourse."

Work highlights Continued to advise the Mexican government on disputes relating to NAFTA and the WTO.

Advised Cypress Semiconductor on US export controls compliance.

Notable practitioners  

Clients appreciate Christopher Wall's up-to-date knowledge, big-picture approach and "sense of what it's like to be on the government side." His export controls practice is complemented by his CFIUS experience.

Stephan Becker is best known for his trade policy practice. He also advises on export controls compliance issues.

Nancy Fischer is a well-regarded export controls practitioner. Clients report that her "tremendous command of the regulations" and "good sense of how businesses work" make her well placed to advise on compliance matters.

Significant clients Electric Power Research Institute, Rolls-Royce, Saab, Sony.

第四等 |

What the team is known for An impressive international offering, recognized for its trade remedies practice at domestic and WTO levels.

Strengths (Quotes mainly from clients)
"A primary strength is their business acumen. They understand the law, but they are also very good at applying a legal analysis to our specific business."

"They're very strong in providing timely, practical advice."

Work highlights Represented Hyundai Heavy Industries in response to US antidumping proceedings concerning South Korean imports of large power transformers.

Advised the Ministry of Economy of Trade and Industry of Japan on a Japanese antidumping investigation concerning imports of paper from Indonesia.

Notable practitioners  

Gregory Spak advises on domestic and WTO trade matters. He has considerable experience of representing clients in antidumping cases.

Walter Spak's recent work includes advising on antidumping and countervailing investigations brought by the US government. He leads the firm's international trade practice.

Significant clients Deacero, Fujifilm, Mattel, Saudi Aramco, Tenaris.

Band 5 | Alston & Bird

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What the team is known for Practice encompasses a variety of import and export concerns, with a particular emphasis on complex customs matters.

Strengths (Quotes mainly from clients)
"Their advice is very practical. They do a really good job at cutting through the legalese and giving you good advice on how to structure your compliance programs."

"They are very flexible in terms of how you want to structure the engagement on a particular project and good at tailoring their product and services to the issue at hand."

Work highlights Advised the Russian government on US trade policy and lawmaking.

Notable practitioners  

Clients characterize Kenneth Weigel as "a high-quality provider," with "extensive" knowledge of his practice area and an "extremely responsive" approach to queries. He handles matters involving sanctions, export controls and customs.

Thomas Crocker has a strong reputation in the area of economic sanctions. He is particularly noted for his representation of financial institutions.

Jon Fee receives praise for his expertise in US customs law. Clients report that "he does a good job of merging business needs and legal constraints to offer a practical answer."

Significant clients Bayer, Delta Airlines, Gildan, Mohawk Industries, UPS.

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What the team is known for Advises on contentious trade matters, in addition to compliance controls. Notable experience of representing clients in antidumping and customs litigation.

Strengths (Quotes mainly from clients)
"They have strong analytical skills and can distill complex issues into concise positions."

"They're knowledgeable, have a broad range of experience and are, above all, practical."

Work highlights Represented Ford in ITC and appellate litigation seeking to recover import duties which the claimant alleges were inaccurately calculated.

Notable practitioners  

Melvin Schwechter handles a range of customs and export control matters. He impresses clients with his "broad knowledge of import and export regulations" and "dedication to keeping himself up to date" with current trade issues.

Clients value Elliot Feldman's "ability to identify strategies" and "formulate a strong position." He focuses on trade policy and trade remedy concerns.

Significant clients Electrolux, EMD Millipore, Mitsui, Ontario Forest Industries Association, Siemens Energy.

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What the team is known for Broad trade offering, with particular strength in the customs arena.

Strengths (Quotes mainly from clients)
"They are very responsive, very thorough and they have experience and connections. Antidumping cases can get emotional, but they stay rational."

"They strive to see issues from a business perspective which enables them to provide appropriate legal advice."

"They're extremely practical and know how to manage risk. It's excellent client service."

Work highlights Continued to advise Epson on compliance with US, Canadian and Latin American customs law.

Notable practitioners  

The seasoned Stuart Seidel is a prominent practitioner with extensive experience in the area of customs law.

Ted Murphy advises importers on customs compliance matters. Clients appreciate his ability to understand their business culture and provide solutions that apply to them in an easy to understand format.

Significant clients Ansell Healthcare, Applied Materials, Coldwater Creek, Golden Dragon, Symantec.

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What the team is known for Called upon to advise major corporations on issues relating to economic sanctions. Significant experience of civil and criminal investigations.

Strengths (Quotes mainly from clients)
"They're smart, experienced, clever, creative people, but they're also very human and very pragmatic. They understand the client side as well as the legal side."

"They are leaders in the area of economic sanctions: exceptionally knowledgeable on the topic and very commercially sound."

Work highlights Represented Italian bank Intesa Sanpaolo in a government investigation concerning alleged breaches of US sanctions.

Advises Goldman Sachs on general sanctions compliance matters.

Notable practitioners  

John Reynolds has an excellent reputation for dealing with sanctions issues and CFIUS proceedings. Sources admire his talent for "analyzing tough situations," "knowledge of the issues" and "great feel for the underlying policies."

Significant clients BHP Billiton, GE Capital, JPMorgan, Morgan Stanley, Philip Morris.

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What the team is known for Strong focus on export controls compliance matters. Also acts on antidumping proceedings.

Strengths (Quotes mainly from clients)
"The team is extremely diligent, detailed and dependable. They provide thoughtful analysis that is coordinated and consistent, taking all aspects of the matter into account."

"They understand our business needs. They're able to assist us in coming up with solutions while continuing to be compliant. It's solutions oriented."

Work highlights Advised Coca-Cola on compliance with export controls and US economic sanctions.

Represented petitioner Globe Metallurgical in sunset reviews of antidumping orders concerning Russian imports of silicon metal.

Notable practitioners  

Clients describe Richard Newcomb as "an in-house counsel's dream." He receives particular praise for his economic sanctions expertise. 

Significant clients Archer Daniels Midland, JD Irving, Merit Medical Systems, Nissan, Saab.

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What the team is known for Receives superlative praise for its market-leading CFIUS practice. Enjoys a fine track record for defense and infrastructure work involving a range of clients.

Strengths (Quotes mainly from clients)
"No other firm has the deep experience of Kaye Scholer in this area. They have the relationships and the knowledge, but they're also very practical and really understand our business culture."

"They can express complex legal concepts in a way that allows busy board members and stockholders to quickly understand the important points and nuances." 

"The degree of responsiveness is extraordinary." 

Work highlights Advised French aerospace and security company Safran on the CFIUS aspects of its acquisition of Goodrich Electrical Power Systems.

Notable practitioners  

Leading practitioner Farhad Jalinous is celebrated for his skillful handling of complex and nuanced CFIUS issues. Clients prize his deep understanding of the CFIUS process and his detail-driven, yet pragmatic, approach.

Karalyn Meany Mildorf impresses clients with her ability to explain complex procedure, as well as her approachable manner. She focuses her practice on CFIUS matters.

Significant clients EADS, Global Strategies Group, Onex, Saab, Hawker Beechcraft.

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What the team is known for Impressive track record in trade remedies litigation. Also advises clients on export controls and sanctions compliance.

Strengths (Quotes mainly from clients)
"The team is excellent. They're very organized and well prepared."

Work highlights Assisted the US Transformer Fair Trade Coalition in obtaining an antidumping order against Korean imports of large power transformers.

Advised multinational manufacturing company Flowserve on a large-scale sanctions and export controls compliance audit.

Notable practitioners  

David Hartquist acts for petitioners and respondents in antidumping and countervailing disputes. Clients say he is "easy to work with, very smart and very experienced."

Clients value Paul Rosenthal's intellect and experience, and describe him as an authoritative source of information on government developments. He advises on trade remedies and trade policy.

Eric McClafferty is recognized for his adept handling of matters involving export controls or economic sanctions aspects. Clients say: "He's brilliant when it comes to technical issues relating to trade regulation."

Kathleen Cannon is a noted trade remedy attorney. She receives particular praise for her strategic insight and "concise and effective" argumentation.

Significant clients American Honey Producers Association, ArcelorMittal, Calgon, Specialty Steel Industry of North America, Wire Rod Coalition.

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What the team is known for Well-regarded export controls and sanctions practice. Notable focus on investigations and enforcement work.

Strengths (Quotes mainly from clients) 
"They invariably demonstrate excellent judgment, and are very responsive to client requests and requirements."

"I get carefully considered legal advice that really addresses a business client's needs."

"They're good at strategic thinking and looking at the big picture."

Notable practitioners 

William McGlone is noted for his "excellence" in export controls and sanctions work. Clients describe him as an "acknowledged expert in the subject matter," who is "well plugged in to the agencies, making his advice particularly helpful to in-house counsel."

Significant clients Honeywell International, Koch industries, Teledyne, UTC, Weatherford.

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What the team is known for Recognized for its work in the area of trade remedies, customs and trade policy. Significant experience advising on WTO and EU proceedings.

Strengths (Quotes mainly from clients)
"They are very prompt and responsive in reaching out to offset any potential liability. It's a good team to work with."

Work highlights Represented major US trade associations within the ethanol industry in relation to antidumping and countervailing proceedings brought by the European Commission.

Acted for the Indonesian government in a US countervailing investigation concerning the importation of frozen shrimp.

Notable practitioners  

Clients report that Simeon Kriesberg is "very responsive to all our needs," and skilled at presenting legal information. He is known for handling sanctions matters in the context of his wider trade practice.

Michael Kantor is a respected trade policy adviser who serves as trade counsel to major multinational corporations.

Significant clients ArcelorMittal, Cargill, Chevron, Dow Chemical, Microsoft.

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What the team is known for Handles a variety of trade concerns, including antidumping and countervailing disputes, customs compliance and treaty negotiation advice.

Strengths (Quotes mainly from clients)
"They have a very good working knowledge of the US Department of Commerce and an ear to the ground on anything new that might be coming up."

Work highlights Acted for banana importer Chiquita in long-running WTO litigation dubbed the 'Banana Wars.'

Represented industrial component manufacturer Illinois Tool Works in customs duty and antidumping proceedings brought by the European Commission.

Notable practitioners  

David Levine advises clients from a broad range of industry sectors on trade compliance matters. He handles a variety of trade issues, but is best known for his export control practice.

Significant clients Werner, Viacom, Federal Express, Diageo, Sunkist Growers.

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What the team is known for Advises multinational corporations on US and international export and sanctions issues. Draws clients from a wide variety of sectors, including technology, energy and defence.

Strengths (Quotes mainly from clients)
"Very well plugged in to things in DC."

Notable practitioners  

Larry Christensen is a prominent figure in the area of export controls and sanctions. Sources report that his government background gives him a great perspective on compliance issues.

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What the team is known for Acts for respondents on antidumping and countervailing matters. Notable experience of advising on WTO proceedings.

Strengths (Quotes mainly from clients)
"They're very strategic and analytical, and have great communication skills. Their ability to persuade is outstanding."

"They are innovative and look at each case individually. It's not a cookie cutter approach."

Work highlights Represented the Bureau of Fair Trade for Imports and Exports, Ministry of Commerce, of the People’s Republic of China in a US countervailing investigation into the importation of steel wire from China.

Acted for Dongbu Steel and Union Steel, respondents in a US government review of antidumping duties relating to Korean corrosion-resistant carbon steel flat products.

Notable practitioners  

Donald Cameron is best known for representing respondents in antidumping and countervailing disputes. Sources describe him as "extremely thorough and dedicated to his clients."

Sources say that Julie Mendoza shows "a lot of leadership on joint defense situations," and is a "great critical thinker." She focuses on trade remedy proceedings.

Significant clients Dongkuk Steel Mill, Electrolux, FerroAtlantican, Hyundai HYSCO, POSCO.

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What the team is known for Handles a range of export controls and sanctions work, including investigations, audits and compliance advice.

Notable practitioners  

Sources praise John Scott Maberry's abilities on matters involving export controls and sanctions. He is further praised for his goal-oriented approach.

Thaddeus McBride continues to build a strong reputation for handling sanctions issues. He receives plaudits for his approachable manner.

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What the team is known for Good reputation for representing petitioners in trade remedies cases. Handles antidumping and countervailing disputes, as well as other related litigation.

Strengths (Quotes mainly from clients)
"If I were a US-based industry looking to bring a trade remedies case, Stewart and Stewart would be one of the first firms to come to mind. It's a compact but excellent boutique, which works on the protection side."

Notable practitioners  

Terence Stewart is a highly regarded petitioners' attorney. Sources admire his specialist expertise, and highlight his commitment and innovative approach.

Elizabeth Drake is developing a name for herself in the trade remedies arena and is singled out by peers as an up-and-coming attorney in the area.

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What the team is known for Counsels major financial institutions on US sanctions compliance. Also has experience in advising on CFIUS reviews.

Work highlights Represented HSBC Group in the government's investigation of its previous sanctions and anti-money laundering compliance policies, which resulted in a deferred prosecution agreement and almost $2 billion combined fines and forfeitures.

Advised ING Group on criminal investigations brought by multiple authorities regarding an alleged breach of US sanctions by one of its subsidiaries.

Notable practitioners  

Elizabeth Davy is a key contact in the firm's New York office.

Significant clients Citigroup, Standard Chartered Bank, Bank of Tokyo-Mitsubishi, Koninklijke Philips Electronics.

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What the team is known for Experience in advising on the criminal and regulatory implications of US export controls and sanctions. Represents companies under investigation, in addition to acting as compliance counsel.

Strengths (Quotes mainly from clients)
"They're excellent. They've got knowledge and experience in all the areas we're looking for, they're very practical, they listen to what we need and they take into account our company's risk."

"I work with them because of their level of experience, not just in the nuts and bolts of the law, but their familiarity with the US agencies. They are often able to advise us well beyond the black letter of the law."

"Every partner and associate is a subject matter expert in all the facets and nuances of the practice."

Work highlights Assisting a variety of non-US multinational companies concerning US sanctions against Iran, Syria, Libya and Sudan.

Notable practitioners  

Kathleen Little is identified as a "leading expert" on Export Administration Regulations and ITAR matters. Clients describe her as "business savvy," "unflappable," and "adept at weighing the subtleties and alternatives in very complex matters and selecting the most efficient course of action."

Clients report that David Johnson is "good at working things through in complex areas and coming up with practical solutions to problems." He leads the firm's export controls and government contracts practices.

Other Ranked Lawyers 其他上榜律师

Lawrence Friedman of Barnes, Richardson & Colburn is singled out as an "excellent litigator." Clients report that he is "outstanding in the area of customs classification, very practical and very effective."

Matthew McGrath of Barnes, Richardson & Colburn has a superb reputation for advising on customs issues as part of his wider trade practice.

Benjamin Flowe is a highly regarded trade partner at boutique firm Berliner, Corcoran & Rowe, LLP. He is well placed to advise on export controls and economic sanctions compliance.

Paul Marquardt of Cleary Gottlieb Steen & Hamilton LLP is a noted corporate attorney, who is praised for his CFIUS expertise. Clients report that "he knows his stuff from a regulatory perspective, but he also knows the industry practice, which helps us get a feel for the issues."

George Kleinfeld of Clifford Chance US LLP handles sanctions compliance and CFIUS matters. Clients value his ability to apply his OFAC knowledge to their particular business requirements.

Clients characterize Kathleen Murphy of Drinker Biddle & Reath LLP as "a great store of expertise and wise counsel on US customs law." She receives particular praise for her  "excellent" communication skills and "creative, thoughtful" approach to strategy.

Mario Mancuso of Fried, Frank, Harris, Shriver & Jacobson LLP handles export controls and sanctions compliance work. Clients appreciate that "he has a good viewpoint of the private sector and government perspectives, and brings a practical approach to the issues he deals with."

Richard Matheny of Goodwin Procter LLP is known for handling sanctions and ITAR matters. Clients describe him as "consistently pragmatic and constructive," and admire his ability to "develop a solution that preserves the efficiencies of a business model while meeting any compliance needs."

Miami-based Peter Quinter of GrayRobinson, PA focuses on customs issues involving criminal implications. Clients highlight his "extensive knowledge of the import laws and regulations."

Clients report that James Bacchus of Greenberg Traurig, LLP is "attentive, thorough and understands the business implications of a company's needs." He concentrates on trade remedies and trade policy.

Peter Klestadt impresses clients with his customs expertise. He is a partner at trade boutique Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP.

Denver-based Trip Mackintosh of Holland & Hart LLP advises on export controls and economic sanctions. His trade practice is informed by his background in white-collar defense.

Michael Burton of Jacobson Burton PLLC is building a strong reputation in the area of export controls and sanctions law.

The highly experienced Douglas Jacobson of Jacobson Burton PLLC is recognized for his work in the fields of export controls and sanctions.

Giovanna Cinelli of Jones Day comes recommended for her handling of ITAR matters. Sources praise her ability to provide practical business advice.

Senior statesman Mark Zolno leads the customs practice at Katten Muchin Rosenman LLP and is recognized as a prominent figure in the market.

Much-praised sole practitioner Gary Horlick is sought to handle trade remedies and trade policy matters.

Alan Wm Wolff is a senior trade attorney at McKenna Long & Aldridge LLP. He receives particular recognition for his work in the semiconductor industry.

Susan Kohn Ross of Mitchell Silberberg & Knupp LLP is a well-regarded customs attorney with wide-ranging industry experience.

John Peterson is best known for his customs litigation practice. He practices at international trade boutique Neville Peterson LLP.

Harry Clark of Orrick, Herrington & Sutcliffe LLP is commended for his adept handling of export controls issues. Clients appreciate his understanding of the dynamics of their businesses.

Richard Elliott of Paul, Weiss, Rifkind, Wharton & Garrison LLP is a respected sanctions adviser. Clients report that "he is very knowledgeable and incredibly timely."

David Christy of Perkins Coie LLP is a noted trade litigator, whose experience includes WTO disputes and domestic trade remedies matters.

Michael Roll of trade boutique Pisani & Roll LLP is a well-known figure in the market and comes recommended for his customs work.

Clients report that Robert Pisani is "extremely practical and extremely results oriented." He is a customs practitioner at trade boutique Pisani & Roll LLP.

Sandler, Travis & Rosenberg founding member Lee Sandler is a prominent and highly experienced practitioner in the field of customs law. He operates out of Miami.

Sole practitioner Roger Schagrin is best known for advising domestic steel producers in trade remedies cases.

Gail Cumins of Sharretts, Paley, Carter & Blauvelt, P.C. is a distinguished figure in the field of customs law and has a wealth of experience in the area.

Christopher Griner recently left Kaye Scholer to become managing partner of Stroock & Stroock & Lavan LLP's Washington, DC office. He is a celebrated CFIUS practitioner, who impresses clients with his practical approach and understanding of the nuances of the CFIUS process.

John Magnus is building a strong reputation for his trade law and policy consulting firm, Tradewins LLC. Sources speak highly of his talent for trade remedies litigation.

Lindsay Meyer of Venable LLP impresses clients with the "thoughtfulness and thoroughness of her responses" and her ability to "remain calm and cool" in difficult situations. She is best known for handling customs matters.

Charles Roh of Weil, Gotshal & Manges LLP focuses on trade policy and trade disputes. He has recent experience of advising on treaty negotiations and WTO rules.

Josephine Aiello LeBeau of Wilson Sonsini Goodrich & Rosati is an export controls attorney who comes particularly recommended for her technology sector expertise. Clients report that she's "good at giving business usable advice" and "easy to talk with; she doesn't get lost in the legal jargon."

Melissa Mannino of Wilson Sonsini Goodrich & Rosati is recognized for her export controls practice. She is particularly well placed to advise on enforcement issues.

Foreign Experts

Foreign Experts are individuals with expertise in a different jurisdiction to the one they are based in. These individuals are particularly highly regarded for international and cross-border work. Usually, they will be identified in the jurisdiction in which they are based and in their country of expertise.

Senior Statesman

A 'Senior Statesman' is a lawyer who no longer works hands-on with the same intensity but who, by virtue of close links with major clients, remains pivotal to the firm’s success.

Eminent Practitioners

'Eminent Practitioners' are highly influential lawyers in a particular practice area who, due to managerial or client relationship commitments, are less active in day-to-day work but remain key players in the team.

Other Noted Practitioners

Other Noted Practitioners are individuals who have not yet been ranked but are seen to be active and accomplished in this area of law.

Other Noted Firms

Other Noted Firms are firms that have not yet been ranked but are seen to be active and accomplished in this area of law.