Our export controls practice uniquely combines regulator, litigation, and industry experience to provide cutting-edge legal strategies for high-stakes situations. That experience includes writing export control laws and the rare distinction of successfully litigating export control interpretations against the government. Our resulting unparalleled perspective brings an anticipatory and strategic edge as we understand the government’s view and how to navigate otherwise highly opaque regulatory agencies. And we deeply understand and add depth to export controls with our proprietary approach and research.

From publicly traded companies to startups, companies rely on us for our exceptional advocacy, distinct and seasoned experience, sound judgment, and effective legal strategies that uncover the key issues and understand export controls in the context of constitutional and other legal requirements. Those distinguishing attributes best position companies to defend against enforcement matters and proposed charging letters, seek the reversal of unfavorable agency determinations, navigate consent agreements, and approach situations confidently with our legal and regulatory guidance. 

We advise a wide range of clients – from Fortune Global companies to startups – on U.S. export controls under the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), with substantial experience advocating before the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), and the U.S. Department of Defense’s Defense Technology Security Administration (DTSA).

Our export controls practice handles:

Agency Advocacy & Appeals: We advocate before the regulatory agencies and handle agency appeals of adverse government decisions, an otherwise highly opaque area, by providing persuasive legal counsel in these special situations. We help clients seek the reversal of adverse agency actions, such as enforcement matters, regulatory interpretations, commodity jurisdiction (CJ) determinations, and commodity classification (CCATS) cases. We also assist with delisting petitions of restricted parties.

Jurisdiction & Classification: We have unrivaled experience resolving jurisdiction and classification issues, which uniquely includes being deeply involved in revising the U.S. Munitions List and Commerce Control List when in government. We are especially experienced with highly complex classifications, encryption classifications, formal commodity jurisdiction (CJ) and classification (CCATS) requests, and designing effective jurisdiction and classification programs.

Regulatory Interpretations: Companies trust us for practical and forward-looking legal guidance that interprets export control laws and considers relevant constitutional, statutory, and administrative law requirements. We assess the validity and enforceability of agency interpretations, and we have successfully sought judicial review of agency interpretations through litigation, including at the appellate level.

Consent Agreements: We have substantial experience advising companies on ITAR consent agreements, including defending against proposed charging letters and negotiating the terms of consent agreements. We also help companies develop and execute plans and strategies to comply with their consent agreement obligations to meet deadlines, increase efficiency, and improve or repair government relationships.

Enforcement Defense: When confronted with an actual or potential violation, it is crucial that the advocacy and legal strategy behind those situations fully considers the legal context, including administrative and constitutional law. Through our multi-disciplinary approach, we handle international investigations and uncover critical legal issues and defenses, analyze whether a violation took place and if it is enforceable, and identify other mitigating factors.

Litigation & Legal Strategy: We have an industry-leading practice for litigating export control issues and a rare track record of success, including securing the first-ever appellate decision to invalidate an interpretation of the International Traffic in Arms Regulations (ITAR) by the Directorate of Defense Trade Controls (DDTC). We have advised leading aerospace and defense companies at every stage to develop effective legal strategies for resolving disputes with regulatory agencies and preparing litigation. We also advise other law firms on legal strategy and litigation, such as AmLaw 50 firms and criminal defense counsel.

Second Opinion Counsel: We have extensive experience working with companies as second opinion counsel to augment or validate the legal views of their existing counsel, including to identify new legal issues, refine the legal strategy and approach, and to test out potential legal theories and other cutting-edge legal issues.

Compliance Programs: We design and implement best-in-class compliance programs that are tailored to the company’s activities and risk profile. We work with companies to develop highly customized compliance programs, including for companies under heightened government scrutiny, such as companies that must comply with consent agreement requirements. We also perform audits, risk assessments, and gap analysis.

Regulatory Changes: With deep experience on the government side in writing export control regulations and addressing public comments to rulemaking, we help companies advance and protect their interests with effective public comments and petitions for rulemaking that anticipate and address the government’s concerns.