Discussion on International Trade Regulation: Getting Cross-Border M&A and Commercial Deals Done in an Increasingly Challenging Environment

Firm Event | February.12.2019 | 3pm - 4pm (Pacific Standard Time)

Orrick Silicon Valley
In the past two years regulation of international trade and investment has become a critical part of business — be it sales of everyday products and services, or strategic investments and M&A. The Foreign Investment Risk Review Modernization Act (FIRRMA) was enacted in August 2018 and modifies key parts of the Committee on Foreign Investment in the United States (CFIUS) process. For the first time, filings with CFIUS are sometimes legally mandatory. Separate from CFIUS reviews of investments and M&A, export restraints and import tariffs are impacting locations of manufacturing and supply of goods and services.

Please join us in Orrick's Silicon Valley office to learn about these areas with an MCLE-eligible presentation on key aspects of trade and investment regulation.

CLE Credits Available: Y

740

Practice:

  • Technology & Innovation Sector
  • International Trade and Investment
  • Mergers & Acquisitions
  • Responsible Business
  • Strategic Advisory & Government Enforcement (SAGE)

Harry Clark Partner

Washington, D.C.

Harry is experienced in areas such as CFIUS/Exon-Florio examinations of foreign investment, military and “dual use” export control regulations (ITAR/EAR), economic sanctions administered by the U.S. Treasury Department (OFAC), customs regulations, the Foreign Corrupt Practices Act, anti-money laundering rules, anti-boycott requirements and defense industrial security requirements. He executes internal corporate investigations regarding trade and investment rules and advises on such rules in the context of corporate transactions.

Additionally, Harry has extensive experience with government contracting matters. His government contracting work has included, for example, design and implementation of U.S. Defense Department renewable energy projects. He also represents broad industry coalitions on major trade litigations and international negotiations. His experience in these areas includes a leading role in what is often considered the largest-ever international trade dispute: the controversy regarding unfair softwood lumber imports from Canada. It has involved myriad administrative proceedings before federal agencies, NAFTA panel appeals, WTO dispute proceedings, judicial proceedings and international settlement agreements.

Harry has represented a coalition of major U.S. oil companies in antidumping and countervailing duty litigation. As a related matter, he pursues policy issues with congressional and executive branch officials and advises on international trade rules (e.g., GATT, WTO agreements and NAFTA).

Chambers 2022 recognizes Harry as a leader in the field of export controls and economic sanctions (Chambers Global and Chambers USA), as well as CFIUS (Chambers USA). Previous editions have also recognized Harry’s achievements regarding his work related to the Foreign Corrupt Practices Act. Clients note that Harry provides “accurate, straightforward guidance incredibly efficiently” and “he has an ability to translate complex legal requirements and rules into business-friendly jargon.”