International Trade Investigations

Anti-boycott

• Helped a professional-services firm. We have conducted extensive, effective legal analyses and prepared voluntary disclosures that that have helped a multinational professional services firm avoid significant anti-boycott penalties.
• Obtained a no action result for transportation company. We successfully demonstrated that the events under investigation, despite adverse public allegations, were not subject to nor violations of the anti-boycott law.
• Advised a financial services company. We worked with our client to conduct internal investigations, draft voluntary self-disclosures and correspond with the U.S. government, saving the company the costs associated with fines and penalties, maintaining its strong compliance record, and avoiding negative publicity.

Anti-dumping and countervailing duties

• Represented leading European steel manufacturers. We successfully represented JSC Severstal, defeating the first CVD case filed against Russia on cold-rolled steel imports. We are also representing leading Italian steel manufacturers in separate AD and CVD proceedings concerning importation of products, including cut-to-length steel plate, steel wire rod, and cold-drawn mechanical tubing.
• Representing multinational aluminum extrusion products manufacturers. We counseled General Motors, Electrolux, and a group of nine Chinese producers/exporters in the U.S. Department of Commerce’s review of aluminum extrusion products from the People’s Republic of China (PRC). We are also representing Meridian Products LLC and Newell-Rubbermaid in separate proceedings before the U.S. Court of International Trade concerning the scope and applicability of the anti-dumping duty order on aluminum extrusions from the PRC.
• Defended an agricultural machinery manufacturer. We successfully represented Caterpillar before the U.S. Department of Commerce in an anti-dumping investigation of ball bearings from Japan. Our lawyers appeared at the hearing, testified and submitted briefs on behalf of Caterpillar and helped the company avoid supplemental import duties in excess of $10 million.

Customs, including classification, valuation and origin

• Reduced exposure for businesses. Prevented penalties through filing of prior disclosures, or won significant reduction of fines and release of seized goods in administrative penalty and forfeiture proceedings, for oil and gas, aerospace, automotive, agricultural, food and beverage, textile and apparel, pharmaceutical, and financial services clients.
• Resolved customs investigations worldwide. Represented clients in customs investigations in Latin America, Southeast Asia, Africa, Canada and the EU related to customs value, HTS classification, and preference claims, resulting in no payment of additional duties or penalties.

Export controls

• Managed audit for aerospace company. We conducted the audit mandated in The Boeing Company’s settlement with the Directorate of Defense Trade Controls (DDTC) related to the Sea Launch program.
• Conducted investigation of Asian IT company. We handled the investigation relating to an export control enforcement action involving a Singapore-based IT company with on licenses to Iran, Sudan, and Syria, among other destinations, including IT system access and encryption issues.

Anti-money laundering (AML)

• Money laundering investigation. Represent global financial institution in money laundering investigation involving organized crime and virtual currencies.
• FINRA Investigation. Represented a well-known broker-dealer as lead counsel in FINRA enforcement investigation regarding allegations of trading unregistered securities without appropriate money-laundering detection capabilities in place. Negotiated a favorable settlement with FINRA.

Anti-Corruption, Foreign Corrupt Practices Act (FCPA) and anti-terrorism finance

• Led an international, internal investigation for a global consumer products company. On behalf of Ralph Lauren Corporation, we conducted an internal investigation of FCPA issues in Argentina, including conducting multiple witness interviews as well as email, and document reviews in two languages. We assisted the client in its self-reporting to both the SEC and the DOJ and orchestrated all remediation efforts, including risk assessments, compliance and training review, and implementation. We successfully negotiated unprecedented dual non-prosecution agreements (NPAs) with both agencies, which was the first-ever non-prosecution agreement that the SEC had entered into involving the FCPA. We also achieved a substantial discount of the monetary penalties and convinced both the DOJ and SEC not to impose a corporate monitor. Finally, we drafted and presented annual NPA compliance reports to the agencies over the course of a two-year reporting term under the non-prosecution agreements, which concluded in April 2015.
• Represented a telecommunications company regarding operations in Eastern Europe. We represented Magyar Telekom, a former NYSE-listed company, in internal and DOJ/SEC investigations over the course of three years, revamped the client’s anti-corruption/ethics program and procurement controls for operations throughout Eastern Europe, and provided regular reports to the board of directors. We successfully negotiated a two-year deferred prosecution agreement (DPA) with the DOJ, and drafted and presented annual DPA compliance reports to the DOJ and SEC, ultimately securing dismissal of criminal information upon the successful conclusion of the DPA.

Sanctions and embargoed countries

• Represented a U.S. manufacturer. We assisted our client in conducting a global review into sourcing in order to address sub-suppliers’ use of components originating from North Korea.
• Advising a major corporation. We investigated attempts by Iran to purchase products manufactured in the United States and are helping the company take legal action against an unauthorized vendor in Iran that is using the client’s intellectual property.
• Assisted a global financial institution. We conducted a comprehensive review into potential third-country Cuban transactions, during which investigation we also addressed EU blocking statutes and data privacy requirements.

Unfair trade

• Counseled domestic and foreign companies on Section 232. We advised domestic and foreign companies on Section 232 national security proceedings involving steel and aluminum importation.
• Represented a multinational manufacturer. We conducted regular due diligence on counter-parties and provided guidance on multimillion-dollar transactions undertaken by a multinational manufacturer for use in downstream portions of the Russian oil and gas sector.
• Counseled a global financial institution. We advised a U.S.-based Fortune 50 financial institution on the scope of sectoral restrictions on "debt," "transferable securities," and "money market instruments" under U.S. and EU laws.