We handle complex, high-stakes export control matters with a distinct and integrated approach. We evaluate every situation through the perspective of a lawyer who was a regulator, successfully litigated against the government's export control interpretations, and defended companies in serious export enforcement actions. This multidisciplinary approach constructs positions that anticipate government scrutiny and test the validity of the agency's claims. Our results are proven at the highest levels, including favorable agency outcomes and the rare success of convincing the courts to reject the government's export control interpretations.
The practice name reflects that we apply the issues and appeals perspective to export controls. This means we bring an appellate lawyer’s mindset to every engagement. We strategically apply the foresight of the endgame to shape outcomes from the outset, even when no litigation is anticipated. This provides a crucial advantage: it uncovers legal issues and risks on both sides, shapes strategy and execution, stress-tests positions, and builds strong records. These benefits apply across all situations, including building defensible positions, defending against enforcement actions, and advocating before the government.
Our approach, experience, and judgment are essential in an enforcement environment where the government aggressively takes novel positions, challenges industry interpretations, and imposes increasing penalties. Should litigation be needed, we have an industry-leading track record in this unique area of national security litigation.
What We Do
We help clients navigate the most challenging areas and situations involving the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), including the constitutional, statutory, and administrative law that shapes them.
Proactive Defense and Red Teaming. When the law is unclear and a decision could carry significant penalties, companies need comprehensively prepared and red-teamed positions that anticipate possible government disagreement. We develop the legal position and the strategy to defend it, assessing how the issues would play out before the agency and in court.
Enforcement Defense. The government's enforcement playbook is changing, and so must enforcement defense. We build strong defenses by uncovering the critical issues and facts while surfacing any weaknesses in the government's positions. We also identify the applicable law and enforceable limits for investigations, and shape disclosure strategy and advocacy.
Regulatory Advocacy. The export control agencies generally provide limited transparency into their reasoning and processes. We draw on firsthand knowledge of how these agencies evaluate cases to advocate for favorable outcomes and to seek reversal of adverse actions, including for advisory opinions, rulemaking, and jurisdiction and classification determinations.
Strategic Litigation. Some export control disputes can be resolved only in federal court. We handle all aspects of export control litigation, and our experience includes the only appellate decision to reject the State Department's interpretation of the ITAR. We also assist clients in submitting amicus curiae briefs when another party’s litigation could affect their interests.
Second Opinion Counsel
Companies and law firms often require an independent view on sensitive export control matters, whether before responding to a government inquiry, making a disclosure, committing to a regulatory interpretation, or considering litigation. We provide that perspective as second opinion counsel, surfacing the issues and stress-testing the legal strategy and execution.