Greyson Bryan
1999 Avenue of the Stars, 7th Floor
Los Angeles, CA, 90067
Phone: +1-310-246-8444
Fax: +1-310-246-6779
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Theodore Kassinger
1625 Eye Street, NW
Washington, DC, 20006
Phone: +1-202-383-5170
Fax: +1-202-383-5414
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Greta Lichtenbaum
1625 Eye Street, NW
Washington, DC, 20006
Phone: +1-202-383-5249
Fax: +1-202-383-5414
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Richard Grime
1625 Eye Street, NW
Washington, DC, 20006
Phone: +1-202-383-5178
Fax: +1-202-383-5414
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Nathan Bush
Yin Tai Centre, Office Tower, 37th Floor
No. 2 Jianguomenwai Ave.
Chao Yang District
Beijing, 100022
Phone: +86-10-6563-4207
Fax: +86-10-6563-4201
LAWYERS
- Related Practices
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Regulation of Cross-Border Trade and Investment
Every business today operates in a globally competitive environment: Whether exporting, importing, investing abroad—or competing with those that do—companies see the world as an integrated marketplace. But national borders still matter. Cross-border transactions invoke not only the familiar rules of local commerce, but an increasingly complex web of laws, regulations, and policies established by both national authorities and international agreements. Governments of multiple jurisdictions regulate exports of strategically important goods and technology. Economic sanctions and anti-corruption rules reach extraterritorially, sometimes posing conflicts with other nations’ policies. Exporters confront arbitrary limitations on access to target markets. Investors face searching government reviews of cross-border acquisitions—or arbitrary changes in regulatory conditions that dramatically devalue their investments. O’Melveny’s Regulation of Cross-Border Trade and Investment practice helps clients develop cross-border opportunities while managing these regulatory risks. We counsel both US and non-US clients on the application of US export controls, economic sanctions, the Foreign Corrupt Practices Act (FCPA), antiboycott, and customs laws to their international activities, and assist clients in developing and auditing compliance programs relating to these laws. We regularly represent clients concerning regulatory approvals associated with direct foreign investments in the United States, including national security reviews by the Committee on Foreign Investment in the United States (CFIUS). Among our lawyers are former senior US government officials whose responsibilities included oversight of inward investment reviews, FCPA, and export control matters. After decades of private practice and government service, our collective experience informs our judgment as we assist clients in obtaining advisory opinions, licenses, and other approvals—and when necessary, in resolving civil or criminal enforcement matters. Cross-border regulatory issues confront industrial, financial and service companies alike, and arise in many transactional and adversarial contexts. To meet the diverse challenges faced by our clients, O’Melveny offers deep and broad experience derived from our cross-disciplinary approach to service. For example, together with our White Collar Defense and Corporate Investigations practice, we represent clients facing civil or criminal enforcement proceedings stemming from regulations applicable to cross-border activities. Similarly, our lawyers collaborate closely with our transactional teams to resolve regulatory issues that arise in the context of cross-border mergers, acquisitions, and financings. Together, we have established a strong track record representing many of the world’s best-known companies in their most challenging, high-stakes, cross-border undertakings.
Key Facts
- Our lawyers were recognized for their leadership in the international trade area in recent Chambers and Partners publications.
- Chambers quotes references as saying that O’Melveny’s trade lawyers, “‘are business people, not just lawyers. They can get questions answered and doors opened.’” (Chambers USA, 2008)
- “A strong presence in the Far East produces a steady flow of anti-dumping cases, while the firm truly excels in the sanctions, FCPA and CFIUS arenas; in the USA self-regulation is a pressing concern and the transactional group has thrown up reams of deal-related work as a consequence. Market authorities also praise members’ insight into issues relating to foreign investment.” (Chambers Global 2008)
- “Grey Bryan…endows the practice with an FCPA capacity. He is rated by clients as ‘a thoughtful, analytical lawyer who knows the subject very well.’” (Chambers USA, 2008)
- “Former general counsel and deputy secretary of the Department of Commerce Ted Kassinger is a leading figure in the foreign investment landscape.” (Chambers Global 2008) “Ted Kassinger is the firm’s CFIUS expert, dedicating the majority of his time to advice in this field. His ‘impeccable political judgment’ is regarded as one element of his success.” (Chambers USA, 2008)
- “Greta Lichtenbaum is a well-recognized export controls expert, who ‘is helpful in guiding you through the legal channels to get the desired result.’” (Chambers USA, 2008) “Export controls, economic sanctions and FCPA expert Greta Lichtenbaum receives ringing endorsements from peers for her ‘deep knowledge’ of these areas.” (Chambers Global, 2008)
- Our clients benefit from the practical, solutions-oriented approach of lawyers with years of high-level public service experience within the US Departments of Commerce, Justice, and State, the White House, the Securities and Exchange Commission, and various US Attorneys’ offices, as well as many years of experience with our clients in multiple business sectors.
- O’Melveny’s lawyers and consultants in Washington, DC, New York, California, Asia, and Europe offer accessible global counsel from key geographic focal points of cross-border regulation of trade and investment.
- Reflecting the multinational character of our clients, our practice spans the world’s major trading nations and the venues in which trade issues are handled. We have represented clients in matters involving locations such as the Middle East, China, the European Union, Russia, Kazakhstan, and West Africa. Our lawyers and consultants have successfully advised clients before many national administering agencies, including the various venues within the US Departments of Commerce, State, and Treasury, and various other global venues in Europe, Asia, and the Americas.
Practice Strengths
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Antiboycott Laws
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Customs Laws
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Economic Sanctions Laws
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Export Controls
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Foreign Corrupt Practices Act
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Investment Reviews by the Committee on Foreign Investment in the United States
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Foreign Investments in Technology Companies
Assistance to Global Investment Bank in Cross-Border Investments
Multinational Energy Concerns
Electronics Manufacturers
Foreign Sovereign Investments
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