Export Controls & ITAR Litigation

Practice Areas | Export Controls & ITAR Litigation

We litigate export control issues against the export control agencies. The firm’s principal has successfully litigated export control issues in the federal courts, including the first ever appellate decision that invalidated an interpretation of the International Traffic in Arms Regulations (ITAR) by the Directorate of Defense Trade Controls. We also advise companies and organizations on legal and litigation strategies involving the ITAR and Export Administration Regulations (EAR). We also advise other law firms, such as AmLaw 50 firms and criminal defense counsel, on effective legal and litigation strategies.

Legal Strategy: We work with clients to develop effective legal strategies to counter disputes with the government’s export control agencies or when contemplating litigation. Our strategies take into consideration constitutional, statutory, and administrative issues.

Litigation Strategy: We advise clients on preparing litigation against the Directorate of Defense Trade Controls (DDTC) and Bureau of Industry and Security (BIS) by covering all the angles through a practical and strategic approach.

Litigation: We lead litigation against the Directorate of Defense Trade Controls and Bureau of Industry and Security, including at the district court, court of appeals, and Supreme Court level. We also work with third parties parties who participate in litigation as amicus curiae.

Second Opinions: We work with clients as second opinion counsel to augment or validate the legal views of their existing counsel, including to identify new legal issues and to test out potential legal theories and other cutting-edge legal issues.

To learn more about our services, please contact Christopher Stagg or call (202) 771-7579.

Representative Experience

  • Litigated constitutional and regulatory interpretative issues concerning the ITAR, leading to a federal appellate court finding the agency’s core regulatory interpretation as meritless, a rare appellate success against the Directorate of Defense Trade Controls.
  • Originated a novel legal argument, later successfully used by state attorney generals in federal litigation, that removing a specific article from the U.S. Munitions List without Congressional notification is ultra vires.
  • Advised a major U.S. aerospace and defense company on its pre-litigation strategy to resolve disputes involving U.S. export controls with the government.
  • Advised a U.S. defense company on potential legal claims against the Directorate of Defense Trade Controls.
  • Advised criminal defense counsel on litigation strategies involving the International Traffic in Arms Regulations and Export Administration Regulations.
  • Advised an AmLaw 50 law firm on cutting-edge legal issues involving the Arms Export Control Act (AECA) International Traffic in Arms Regulations (ITAR) for ongoing litigation.
  • Advised an AmLaw 50 law firm on cutting-edge legal issues involving the Arms Export Control Act (AECA) International Traffic in Arms Regulations (ITAR) for potential litigation.