Thaddeus Rogers McBride Partner

Transcription

1 Thaddeus Rogers McBride Partner 1300 I Street, N.W. 11th Floor East Washington, DC T: F: [email protected] Practices Government Contracts, Investigations & International Trade Bid Protests Claims Contract Cost Accounting Exports and Export- Related Controls Foreign Corrupt Practices Act (FCPA) Intellectual Property Rights Under Government Contracts Multiple Award Schedule Contracting The False Claims Act and Related "White Collar" Issues Industries Aerospace and Defense Energy Financial Services Healthcare Education J.D., Boston College Law School, 2000, cum laude; Editor, Third World Law Journal Mr. McBride is a partner in Sheppard Mullin's Government Contracts, Investigations & International Trade Practice Group and is resident in the firm's Washington, D.C. office. Areas of Practice Mr. McBride represents U.S. and non-u.s. companies and individuals in international trade regulatory, compliance, investigative, and enforcement matters involving: U.S. economic sanctions and economic embargoes (OFAC) U.S. export controls (ITAR, EAR, and others) The Foreign Corrupt Practices Act (FCPA) U.S. Anti-boycott controls (OAC and U.S. Treasury Department) The Committee on Foreign Investment in the United States (CFIUS) U.S. Customs and other import controls Anti-money laundering and other banking controls (FinCEN) USA Patriot Act requirements and compliance Admissions District of Columbia Maryland Honors Washington D.C. Super Lawyer, 2014 Leading international trade lawyer, Chambers USA, 2013 Board of Directors, First Tee of Washington, DC B.A., Princeton University, 1995

2 Experience Sanctions Advised U.S. financial institution in settling OFAC enforcement matter due to inadvertent transactions with SDNS Counseled multinational defense contractor in investigating possible sanctions violations caused by a third party representative Assisted non-u.s. offshore drilling company conduct internal investigation of potential U.S. sanctions violations, including preparing a voluntary disclosure to OFAC Represented multinational manufacturer investigate and disclose violations of U.S. sanctions on Iran Counseled U.S. insurance company on procedures for minimizing U.S. sanctions compliance risks related to non-u.s. insured parties Performed compliance due diligence for U.S. private equity company seeking ownership of non-u.s. energy company with interests in Iran Advised U.S. medical devices company on obtaining OFAC licenses for exports to Iran under the Ag-Med program Assisted U.S. financial services company understand and address sanctions compliance issues related to overseas lease of U.S. aircraft Counseled U.S. oilfield services company on compliance with U.S. sanctions on Burma (Myanmar) Represented U.S. research university in submitting voluntary disclosure to OFAC related to Cuba travel Counseled non-u.s. oil company on compliance with UN sanctions on Iran Export controls Represented U.S. defense contractor in conducting internal investigation and making voluntary disclosure of export violation to U.S. State Department Directorate of Defense Trade Controls (DDTC) Counseled U.S. oilfield services company on U.S. export law issues related to maintaining equipment on offshore drilling rigs Advised automobile manufacturer on export compliance, including developing and presenting comprehensive compliance training to company's U.S. and non-u.s. personnel Represented U.S. manufacturer in responding to and negotiating penalties in BIS enforcement matter Advised U.S. research university on technology and deemed export issues related to non- U.S. students and faculty Counseled U.S. defense contractor in internal review and revision of export compliance policies Assisted multinational manufacturer understand and comply with technology export issues under EAR and develop compliance provisions for master services agreements Developed risk-based approach to export compliance review for U.S. defense contractor

3 FCPA and anti-bribery Represented U.S. medical devices company in investigation by U.S. Justice Department (DOJ) and Securities and Exchange Commission (SEC) Created detailed, risk-based compliance matrix for multinational manufacturer to use to determine audit location and priorities Counseled U.S. defense contractor in internal investigation of alleged corruption in company s office in Turkey Advised oilfield services company on FCPA compliance due diligence related to acquisition of non-u.s. company in West Africa Assisted U.S. logistics company conduct internal review of corruption compliance issues in company s Asia operations Counseled U.S. health care company on developing comprehensive anti-corruption compliance policy and procedures Developed anti-corruption compliance processes and procedures for multinational financial institution Delivered anti-corruption compliance training to employees and officers of multinational manufacturing company Anti-boycott Advised U.S. construction services firm on preparing and submitting voluntary disclosure to U.S. Commerce Department, Office of Anti-boycott Compliance (OAC) Helped major U.S. manufacturer understand and respond to potential boycott requests in letters of credit from Gulf States Assisted financial services company understand and comply with U.S. Anti-boycott obligations Counseled U.S. oilfield services company on conducting internal review of compliance with U.S. Anti-boycott law Represented non-u.s. manufacturer develop anti-boycott compliance policies and training in reviewing and responding to potential boycott requests CFIUS Represented publicly traded Hong Kong entity in making CFIUS submissions in connection with acquisition of interests in U.S. natural resources Counseled Chinese acquirer of U.S. technology assets throughout CFIUS process, including meeting with the Committee and preparing filing draft and final notices Advised publicly-traded Canadian company on CFIUS implications of U.S. acquisition of defense contractor Counseled large European security company on CFIUS process in acquisition of U.S. security firm Assisted Asian acquirer of U.S. energy interests understand and navigate CFIUS process and follow-up steps necessary to comply with CFIUS conditions

4 Articles Chinese Outbound Newsletter - March 2014, March 21, 2014 Co-author of chapter with Scott Maberry, Curt Dombek, Cheryl Palmeri, Mark Jensen and Reid Whitten, "U.S. Export Controls and the Cloud," Cloud Computing Legal Deskbook, 2013 Edition, Thomson Reuters Westlaw, 2013 Co-author with Scott Maberry and Fatema Merchant, "FCPA Overreach? Courts Address Personal Jurisdiction In Cases Against Foreign Defendants," The Metropolitan Corporate Counsel, May 2013 Chinese Outbound Newsletter - March 2013, March 11, 2013 Co-author with Scott Maberry and Matthew Riemer, "U.S. sanctions on Iran: an update," World Export Control Review, March 2013 Co-author, "What Every Canadian Business that Exports Can No Longer Afford to Ignore: Canadian and U.S. Export Control Law Compliance," Bloomberg BNA International Trade Reporter, January 24, 2013 Co-author with Scott Maberry, "U.S. Sanctions Update: The Freeze Deepens In Iran And Syria; The Thaw Continues In Burma," The Metropolitan Corporate Counsel, October 2012 Co-author with Mark Jensen, "Continuing The Trend: Biomet's FCPA Settlement," Law360, April 9, 2012 Co-author with Cheryl Palmeri, "A Noble Pursuit? SEC Brings FCPA Charges Against Individual Oil Services Executives," Law360, March 20, 2012 Co-author with Brian Weimer and Dan Brooks, "Key details of CFIUS 2010 annual report," Law360, January 25, 2012 Co-author with Mark Jensen, "Clarity Required: US V. Banki," Law360, January 9, 2012 Co-author with Bethany Hengsbach, "Prosecutorial Misconduct Stymies Justice Department in FCPA trials," Daily Journal, January 9, 2012 Co-author with Curt Dombek and Reid Whitten, "Early Steps Toward a Streamlined Export Control System," World Export Control Review, December 2011 Co-author with J. Scott Maberry and Mark Jensen, "Getting Specific About FCPA Compliance," Law360, June 29, 2011 Co-author with Mark Jensen, Buyer, when foreign, beware," The Deal Magazine, June 27, 2011 Global Trade Law Blog Posts "Starving the Bear: The United States Restricts Exports to Russia," April 3, 2014 "Tech Company Shares Tech, Makes Self-Disclosure, Pays Penalty," April 3, 2014 "An Assessment of the CFIUS 2012 Annual Report," March 10, 2014 "Iran Sanctions: 2013 and Beyond," January 8, 2014 "The FCPA in the News: Big Scoops, Real Fallout," September 5, 2013

5 "State Department Issues Nuts and Bolts Guidance on Libya," June 6, 2013 "U.S. Sanctions Target Russian Corruption, Human Rights Violations," May 7, 2013 "Census Changes Foreign Trade Regulations: New Filing Requirements," April 2, 2013 "Line in the Sand: Siemens Argentina Case Limits Personal Jurisdiction Under the FCPA," March 8, 2013 "Is China Getting Serious or Redirecting Responsibility? New guidance on Chinese Anti-Bribery Enforcement," February 14, 2013 "Iran, China, and Prison: A Recap of 2012 s Major Export Enforcement and Embargo-Related Criminal Cases," January 9, 2013 "What s In the New FCPA Resource Guide: Some Welcome Clarity and Unexpected Muddling," December 6, 2012 "Smaller FCPA Story But We re Sure You re Following It: DOJ Issues New Opinion Procedure Releases," December 6, 2012 "Update on U.S.-Myanmar Relations: The Thaw Continues," October 19, 2012 "CFIUS Update: President Blocks Ralls Transaction," October 19, 2012 "CFIUS Sued by Chinese Investors," September 27, 2012 "Iran, Syria Sanctions Strengthened by New U.S. Law," August 17, 2012 "Department of Justice Obtains First Forfeiture Judgment Under the Kleptocracy Asset Recovery Initiative," July 11, 2012 "BIS Creates a Temporary Holding Classification Number on the CCL," June 7, 2012 "OFAC s (Very) Long Arm: GAM Settlement May Illustrate the ITR s Expanding Reach," June 7, 2012 "Peak Pressure: CISADA and NDAA Timeline," May 1, 2012 "Continuing the Trend: Medical Device Maker Biomet Settles FCPA Charges For More Than $22 million," April 5, 2012 "Myanmar Update: Recent Actions Increase Likelihood Sanctions Will Be Eased," February 21, 2012 "CFIUS Submits Annual Report to Congress," January 30, 2012 "The FCPA in 2011: Five Answers and a Looming Question," January 18, 2012 "State Department (Finally) Proposes Amendments to ITAR Brokering Provisions," January 18, 2012 "International Sanctions Updates to U.S. Sanctions Laws in 2011," January 17, 2012 Government Contracts, Investigations & International Trade Blog Posts "Crimea River: U.S. Rushes to Impose Sanctions," March 25, 2014 "Clarity Required: Iran Sanctions Convictions Reversed in U.S. v. Banki," December 9, 2011

6 "Longest Prison Sentence Yet in FCPA Case," November 16, 2011 "DOJ Targets FCPA and Anti-Trust Violations Jointly," November 16, 2011 "Mind Your Own Businesses: UK Court Decision May Signal Pushback On Extraterritorial Enforcement of US Trade Laws," October 24, 2011 "OFAC, BIS Double Up Flow Serve: What the Flowserve Settlement Says About Corporate Compliance Programs," October 24, 2011 "Prison Time and Export Controls: University Professor's Case Illustrates Dangers of Ignoring Export Compliance," October 24, 2011 "OFAC Settles Alleged Sanctions Violations for $88.3 million," September 19, 2011 "Syria Update: Significant New Sanctions Imposed," September 19, 2011 "Proposed Rule Details Major Changes to U.S. Export Controls," August 4, 2011 "Trading Up: Newly Implemented North Korea and Libya Sanctions," July 15, 2011 "Technology Exports: Uncertainty Around Form I-129 Persists," June 16, 2011 "Federal Judge Upholds DOJ's Expansive Application Of FCPA," May 10, 2011 Media Mentions Supply chain concerns rejected in CFIUS review of A123 Financial Times, February 12, 2013 A123/Wanxiang: CFIUS mitigation labeled a 'technical fiction' by advocacy group Policy and Regulatory Report, January 14, 2013 Anti-Bribery Bible: Experts Offer Advice for Making the Most of the FCPA Guidelines InsideCounsel Magazine, January 1, 2013 Sany Exec Hints Lessons Learned from Ralls Deal to be Implemented in Pending Transaction Policy and Regulatory Report, December 11, 2012 Chinese Wind-Farm Group Sues Obama The Wall Street Journal Asia, October 3, 2012 Little-Known Regulator Takes Centre Stage Financial Times, August 7, Risks and Compliance Threats Facing In-House Counsel InsideCounsel Magazine, July 1, 2012 SEC Targets Execs, Auditors in Biomet FCPA Case InsideCounsel Magazine, May 30, 2012 Entertainment Lawyers Advise FCPA Review Daily Journal, April 26, 2012 U.S. Professor Loses Tech Transfer Appeal World Export Control Review, November 2011

7 Speeches "FCPA Risk Exposure in Your Compliance Program? An Inside Out Examination of the Gaps and Pitfalls That May Be Lurking in Your Compliance Program," Momentum Event's 2nd Annual Global Anti- Corruption Congress, Washington, DC, March 21, 2014 "Latest Iran Sanctions: Leveraging New Opportunities While Meeting Strict, Rapidly Changing Requirements," Strafford Publications Webinar, March 19, 2014 "Complying With ITAR Requirements Amid Increased Enforcement," Strafford Publications Webinar, February 5, 2014 "Brazil's New Anti-Corruption Law: FCPA Compliance is No Longer Enough," Strafford Publications Webinar, December 12, 2013 "The Fundamentals of Complying with U.S. Sanctions Against Iran: An In-Depth Review of the Most Significant Restrictions, Case Law, Prosecutions and Settlements Affecting U.S. and Foreign Entities," Pre-Boot Camp Working Group at American Conference Institute's 4th Economic Sanctions Boot Camp, New York, New York, December 3, 2013 "FCPA Clinic," Sheppard Mullin, November 13, 2013 "Brazil's New Anti-Corruption Law: Overview and Analysis," Practising Law Institute, November 12, 2013 "Latest OFAC Sanctions on Syria, Iran and Burma," Strafford Publications Webinar, November 6, 2013 "FCPA Compliance in Latin America," Practising Law Institute Webinar, August 1, 2013 "ITAR and EAR Compliance Review and Investigations - Conducting Internal Audits and Evaluating Whether to Disclose Potential Violations to Mitigate Penalties," Strafford Publications Webinar, June 26, 2013 "Lost in the Clouds: How Do You Control the Export of Data to Anywhere When It's Stored Everywhere?" Moderator, ABA Section of International Law 2013 Spring Meeting, Washington, DC, April 24, 2013 "Export Controls and Cloud Computing: Legal Risks - Complying with ITAR, EAR and Sanctions Laws When Using Cloud Storage and Services," Strafford Publications Webinar, April 2, 2013 "Complying with ITAR Requirements Amid Increased Enforcement," Strafford Publications Webinar, February 19, 2013 "Vetting Third Parties for Export Control Risks," American Conference Institute, Toronto, Canada, January 22, 2013 "Iranian Sanctions Compliance Strategies," Strafford Publications Webinar, December 20, 2012 "Foreign Corrupt Practices Act Pitfalls: How to Spot Them; How to Avoid Them," Government Contractor Dinner Series, San Diego, California, November 28, 2012

8 "How to Comply with New Foreign, Dual and Third Country National Rules: Reconciling ITAR Requirements with Foreign Anti-Discrimination and Privacy Law Restrictions," American Conference Institute, Chicago, Illinois, October 24, 2012 "Making Sense of Current and Proposed Brokering Rules: How to Comply with Part 129 of the ITAR," American Conference Institute, Chicago, Illinois, October 23, 2012 "OFAC Sanctions on Syria, Iran, Yemen and Burma: Compliance Strategies," Strafford Publications Webinar, August 28, 2012 "Identifying ITAR and EAR - Controlled Technical Data," American Conference Institute's National Forum on International Technology Transfers & Deemed Export Compliance, Washington, DC, September 2011 Global Competition, Chafee Center for International Business World Trade Day 2010, Smithfield, Rhode Island, June 2010 U.S. Trade Controls: Staying Compliant in a Challenging Economic Climate, Co-chair, ABA Section of International Law 2010 Spring Meeting, New York, New York, April 2010 Contract Provisions Addressing Compliance & International Boycotts, International Association of Drilling Contractors Risk Management Conference, Houston, Texas, October 2008 Events Foreign Corrupt Practices Act: Focus on Latin America Sheppard Mullin Palo Alto & via WebEx, February 15, 2013 Lunch with your Government Contracts Lawyer Compliance with the FCPA Sheppard Mullin Washington DC office, November 13, 2012 OFAC Sanctions on Syria, Iran, Yemen and Burma: Compliance Strategies Meeting Strict and Rapidly Changing U.S. Sanctions Requirements 1:00 pm - 2:30 pm EDT, August 28, 2012 Lunch With Your Government Contracts Lawyer Current Export Control Compliance Issues Sheppard Mullin Washington DC, June 19, 2012 FCPA Risks for the Private Equity Industry Sheppard Mullin Washington DC Office, June 13, 2012 Memberships American Bar Association - International Section, Committee on Export Controls and Economic Sanctions Society for International Affairs