Practice Leadership
- Doreen M. Edelman
- Partner
Chair, Global Trade & Policy
Practice Leadership
- Doreen M. Edelman
- Partner
Chair, Global Trade & Policy
Global Trade & Policy
Lowenstein’s Global Trade & Policy practice is devoted to navigating today’s dynamic regulatory environment to promote our clients’ cross-border interests.
Our team helps U.S. and foreign companies manage trade risks, ensure regulatory compliance, and effectively communicate their positions to legislators, law enforcement officials, and policymakers. We have decades of experience advising individuals, investment funds, research institutions, portfolio companies, and global businesses operating in a range of industries, including life sciences, biotech, aviation and aeronautics, manufacturing, electronics, and software.
Given today’s highly interconnected and technology-driven international economy, we work proactively with clients to facilitate their investor, supplier, distributor, and customer relationships; develop strategies in response to rapidly changing trade regulations and economic sanctions; and demonstrate compliance with the following legal requirements:
- The Committee on Foreign Investment in the United States (CFIUS)
- Customs and Border Protection (CBP) import requirements, including new 201, 232, and 301 China tariffs
- The Department of Commerce’s Export Administration Regulations (EAR)
- The Department of State’s International Traffic in Arms Regulations (ITAR)
- The Department of Treasury’s Office of Foreign Assets Control (OFAC) sanctions regimes
- The Foreign Corrupt Practices Act (FCPA), the U.K. Bribery Act, and China’s anti-corruption legislation
- The Export Administration Act’s Antiboycott Laws
We also provide full-spectrum guidance on issues and requirements arising from global trade and expansion, such as:
- Client-specific trade regulation compliance manuals and training programs
- Foreign agent, distributor, and partner due diligence
- International agreements for sales of products and services
- Establishment of foreign and U.S. entities Cross-border joint ventures and other transactions
When it comes to trade policy, we believe that a strong offense is indeed the best defense. With decades of trade policy experience, we understand the complex–and sometimes contradictory–goals of trade negotiators, legislators, regulatory officials, and industry associations. We have helped foreign governments and global enterprises better understand and navigate U.S. policy, and we work with trade, law enforcement, and agency leaders to develop effective, business-friendly solutions for our clients. We have also helped companies and governments benefit from U.S. trade programs and address the effects of events on global trade relationships.
Areas of Emphasis
Tariffs, import classifications, and country-of-origin determinations. Accurate tariff classifications and country-of-origin determinations are key to avoiding fines, seizures, or forfeitures of imported goods. We help companies design and implement internal controls and policies to prevent inadvertent violations of U.S. customs and import laws and regulations. We also conduct internal audits, and where potential discrepancies are identified, we develop voluntary disclosures that can significantly mitigate potential penalties. With respect to 201, 232, and 301 China tariffs, we work with clients to obtain exclusions, when possible, and we provide advice regarding supply chain restructuring.
OFAC sanctions. Our lawyers help clients ensure compliance with OFAC directives and sanctions regimes, including full and partial embargoes, that prevent entities from exporting, importing, financing, or otherwise facilitating transactions involving countries, individuals, and organizations designated as hostile actors by the U.S. and other governments. We provide guidance on permissible and prohibited transactions, conduct internal audits and prepare voluntary disclosures, and represent clients in enforcement proceedings. Countries of concern include Iran, North Korea, Cuba, Russia/Crimea, and Sudan.
CFIUS National Security Reviews. We work with domestic and foreign businesses and individuals to identify the national security implications of transactions, communicate effectively with CFIUS and other government agencies involved in the approval process, and obtain CFIUS clearance for foreign investments. Our lawyers have particular experience in technology- and critical infrastructure-related transactions that elicit increased scrutiny. We provide ongoing guidance on the critical technology pilot program and recent changes that have broadened the scope of the law and added a mandatory filing requirement.
Export controls. The federal government has established a complex system of regulations governing the export and transfer of U.S.-origin goods, technologies, and services. We regularly advise clients on these various regimes, obtain export and deemed-export licenses, perform due diligence in relation to potential transactions, conduct internal audits, and design programs to ensure accurate classification of exports. When potential discrepancies are identified, we represent clients before relevant agencies.
FCPA and anti-corruption. Consistently applying a single global standard through the implementation of a worldwide compliance program ensures compliance across national borders. Our team reviews anti-corruption procedures and due diligence records for red flags and possible violations to protect clients against successor liability. We also assist clients with global internal investigations, compliance programs and training, and due diligence review for corporate transactions.
OUR TEAM
- Doreen M. Edelman
- Partner
- Zarema A. Jaramillo
- Partner
- Louis K. Rothberg
- Senior Counsel
- James C. Shehan
- Senior Counsel
- Abbey E. Baker
- Counsel
- Andrew Bisbas
- Associate
- Edoardo Murillo
- Associate
- Megan C. Bodie
- Administrative Coordinator
NEWS & INSIGHTS
PUBLICATIONS
- October 15, 2019 "Government Expands Focus on Effective Compliance Programs," Lowenstein Sandler LLP
- October 8, 2019 "OFAC Introduces Reporting Rule That Applies to All U.S. Companies," Global Banking & Finance Review
- September 18, 2019 "Regulators Double Down on Compliance Scrutiny," CFO
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September 12, 2019
"USTR Requests Comments on Modifications to Section 301 Tariffs," Global Trade & Policy Client Alert
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September 4, 2019
"Time Is Running Out to File for Section 301 List 3 Exclusion Requests: Timeline and Alternative Options," Global Trade & Policy Client Alert
- September 4, 2019 "Five Considerations in Cross-Border Anti-Corruption Matters," The Anti-Corruption Report
- August 30, 2019 "INSIGHT: U.S. Sanctions Against Venezuela Affect Any Company Doing Business There," Bloomberg Law
- August 14, 2019 "Commentary: How private equity shops can adapt to the new CFIUS rules," Pensions & Investments
- August 8, 2019 "What Artificial Intelligence Companies Must Know to Comply with New Export Policies," Legaltech News
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July 16, 2019
"What the Changes to CFIUS Mean for Foreign Investment," Global Trade & Policy Client Alert Update
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June 17, 2019
"Key Takeaways From Six Months Into New Mandatory CFIUS Pilot Program," Global Trade & Policy Client Alert
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June 13, 2019
"More “Emerging Technologies” Now Require an Export Review," Global Trade & Policy Client Alert
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April 23, 2019
"How Can PE and VC Investors Mitigate Risk in an Unpredictable Trade Environment?," Global Trade & Policy Client Alert
- April 19, 2019 "Startups Have To Care About Violating U.S. Sanctions Laws, Too," Crunchbase News
- March 4, 2019 "Attention Private Equity and Venture Capitalists: Do You Know How to Manage Investment Portfolio Trade Risks?," The Journal of Private Equity
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February 21, 2019
"Congress Calls on USTR to Initiate China Import Exclusion Process for List 3," Global Trade & Policy Client Alert
- January 12, 2019 "U.S. tech startups face new government controls in 2019," VentureBeat
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November 15, 2018
"Update: China Tariffs," Global Trade & Policy Update
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November 14, 2018
"What the Changes to CFIUS Mean to Foreign Investment," Global Trade & Policy Client Alert
- August 29, 2017 "Foreign Investors Should Not Let Fear of CFIUS Limit Investment in US Manufacturers," IndustryWeek
- July 27, 2017 "Why Trump's North Korea sanctions make business with China tricky," The Hill
- May 24, 2017 "A stronger NAFTA will boost US economic power against China," The Hill
- March 25, 2017 "Think the United States has weak sanctions on Iran? Think again.," The Hill
- February 24, 2017 "4 smart ways to improve NAFTA," The Hill
- January 27, 2017 "Who really benefits from free trade? Americans companies and workers.," The Hill
- January 13, 2017 "Guest Column: Trump's threats to global business and its local impact," Nashville Business Journal
- June 29, 2016 "How to Sleep Soundly and Avoid Bribes: Mitigating Chinese and American Corruption Risk in the Context of EB-5," EB5 Investors Magazine
- May 25, 2016 "Understanding the Do’s and Don’ts of Iranian Investments in the United States," EB5 Investors Magazine
- May 5, 2016 "Aviation: Are Cuba and Iran Really Open for Business?," Global Trade Magazine
- April 20, 2016 "Opportunities for U.S. Businesses and Travelers from Changes to U.S. Cuba Regulations," Global Trade Magazine
PRESS MENTIONS
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October 15, 2019
October 15, 2019
The transition of leadership of Lowenstein Sandler’s D.C. office to Antitrust & Trade Regulation partner Zarema A. Jaramillo was covered in Bloomberg Law – Big Law Business, General Counsel News, and The Hill. Jaramillo is set to take over on January 1, 2020, from Jeffrey Blumenfeld, who founded the D.C. office in 2014 and will remain Co-chair of the firm’s Antitrust & Trade Regulation practice group.
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September 12, 2019
September 12, 2019
Doreen M. Edelman provides unattributed commentary in a Wall Street Journal article on how U.S regulators may halt a $36.6 billion takeover of London Stock Exchange Group PLC by Hong Kong Exchanges & Clearing Ltd., which made an unsolicited offer on Wednesday, September 11, 2019. The London exchange is subject to regulations by several U.S. regulatory agencies, including by the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Financial Industry Regulatory Authority, and the Committee on Foreign Investment in the U.S. According to Edelman, who regularly advises clients on CFIUS compliance and the risks associated with cross-border M&A and investment transactions, “There will be significant U.S. government concern about the security of data and influence of capital flows that could result from the transaction.” (subscription required to access article)
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August 13, 2019
August 13, 2019
The Los Angeles Times quotes Doreen M. Edelman, chair of Lowenstein Sandler’s Global Trade & Policy group, in its story on President Donald Trump’s delay of tariffs on cellphones, laptops, toys, shoes, and clothes made in China until after the winter holidays. Edelman says, “This gives breathing room for the retailers and U.S. companies,” adding that the three-month delay will still not give companies enough time to find alternative suppliers outside of China. “We’ve got clients that have specialized, high-end sculptures and ornaments being hand-painted from mountain communities in China that have been doing this for years. … You just can’t pick that up and move that to another country.” The story also appeared in the York Dispatch and the Dothan Eagle.
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August 7-9, 2019
August 7-9, 2019
Lowenstein Sandler’s representation of Thailand’s leading global chemical company, Indorama Ventures (IVL), in its $2.1 billion acquisition of Huntsman’s chemicals units was featured in numerous media outlets including The Wall Street Journal and The Deal, which highlighted Nicholas San Filippo IV’s role in the transaction and previous work with IVL since 2003. The Nation Thailand called the transaction “a game changing acquisition for IVL, its largest ever and one of the biggest by a Thai company in the last decade.” The acquisition was also featured Bloomberg Law – Big Law Business, The Deal, The Associated Press, the Global Legal Chronicle, Business Wire, citybizlist, Bakersfield.com, The American Lawyer, and Law360. The Lowenstein Sandler deal team included Nicholas San Filippo IV, Sam E. Khan, Stuart S. Yusem, Nicholas G. Mehler, Christine Osvald-Mruz, Doreen M. Edelman, Brian Silikovitz, Norman W. Spindel, Mark S. Heinzelmann, Mitchell McDonald, Megan Monson, Sami Najib, Sunita Patel, Alex H.Rosenthal, and Niral T. Shah. The Valence Group acted as exclusive financial adviser to IVL, and KPMG provided financial due diligence support. (subscription required to access certain content) View Lowenstein's news announcement about this transaction.
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June 14, 2019
June 14, 2019
Doreen M. Edelman, Chair of the Global Trade & Policy group, is quoted in a Fortune article on the effects of the ban of Huawei, the Chinese telecommunications company, on U.S. businesses. She explains that "technology as defined in the export regulations can’t be sold to Huawei without a license … Companies have to figure out how to change their supply chains or customer base or what they manufacture and sell.”
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May 18, 2019
May 18, 2019
Doreen M. Edelman is quoted in Business Insider in an article discussing five key questions U.S. tech startups should ask before forming a relationship with a foreign investor. Edelman begins with assessing the company’s industry, noting that there may be regulations against foreign investments designed to prevent foreign governments from accessing technology or intellectual property that may be harmful to U.S. national security. Next, she poses the question of whether the startup’s technology could be used by the defense sector in the future. Should this occur, the U.S. government may force the foreign investor to divest from the company, opening the startup up to financial hardship. Edelman goes on to analyze the investor itself, explaining that startup founders need to pay attention to the location of the investor–i.e., whether they are based in a country that is a friend or foe to the U.S. and being mindful of the shifting geopolitical landscape. Her fourth question advises founders to consider the amount of information they would be required to share with the foreign investor, noting that allowing access to too much information may create issues for the company. Finally, Edelman proposes the topic of the startup’s board, affirming that giving up a board seat to a foreign investor may further complicate the process. She explains that founders who wish to give an investor a seat on the board will be required to go through the CIFIUS process even if they are not mandated to file.
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April 2, 2019
April 2, 2019
Doreen M. Edelman is quoted in the International Business Times discussing the delay of a trade deal between the United States and China. Edelman suggests that the suspension could be due to the conflicting goals of the President and Congress.
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December 10-December 17, 2018
December 10-December 17, 2018
Doreen M. Edelman is featured in a two-part FCPA Compliance Report podcast (December 10; December 17, 2018) discussing the Committee on Foreign Investment in the United States (CFIUS). In part one, Edelman highlights the recent increase in non-compliance penalties, the development of national security measures due to disruptive technologies, and the expansion of CFIUS jurisdiction to companies purchasing non-controlling investments in U.S. companies. In part two, Edelman discusses the requirements for mandatory filings under the CFIUS Pilot Program.
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December 6, 2018
December 6, 2018
Law360 quotes Doreen M. Edelman in an article discussing the arrest of Huawei Technologies CFO Meng Wanzhou. Meng’s arrest came amid U.S.-China trade negotiations that have triggered stock market uncertainty. Edelman notes the consequences U.S. businesses could face if Meng’s prosecution stalls the negotiations’ progress, and she advises clients to “continue planning along a worst-case scenario for the long term.” (subscription required to access article).
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December 4, 2018
December 4, 2018
Doreen Edelman is quoted in Law.com in an article discussing President Trump and China’s Xi Jinping’s recent agreement to a 90-day truce in the trade war. Edelman notes that it is a difficult situation for companies to prepare for and states that she advises clients to diversify their supply chains and have a plan of action in the event higher tariffs are implemented. (This article also appeared in Corporate Counsel, Yahoo! Finance, The American Lawyer International, and the New York Law Journal.) (subscription required to access certain content)
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November 27, 2018
November 27, 2018
Doreen M. Edelman is quoted in a Corporate Counsel article discussing a possible meeting between President Trump and China’s Xi Jinping at the G20 Summit and the potential impact on U.S. companies’ dealings with China. Edelman notes the present international trade climate and states that she advises clients to be prepared for anything in the short- and long-term.
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October 25-November 5, 2018
October 25-November 5, 2018
The Washington Post, The American Lawyer, Global Trade Review, Bloomberg Law – Big Law Business, Law360, The National Law Journal, the New Jersey Law Journal, International Trade Today, The Deal, TXF, and citybizlist highlight the launch of Lowenstein’s Global Trade & Policy practice in the firm’s Washington, D.C. office and the arrival of Doreen M. Edelman (practice chair), Abbey E. Baker, Andrew Bisbas, and Megan C. Bodie. The Global Trade & Policy practice will provide U.S.-based clients, foreign clients, and foreign-owned U.S. companies with compliance and policy development services. Areas of emphasis will include import tariffs and classifications, OFAC regulations and sanctions, CFIUS review protocols, and export controls. (subscription required to access certain content)
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September 6, 2017
September 6, 2017
Doreen M. Edelman discusses U.S. sanctions against South Sudan in Foreign Policy.
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August 7, 2017
August 7, 2017
Doreen M. Edelman is quoted in Automotive News regarding NAFTA.
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July 27, 2017
July 27, 2017
Doreen M. Edelman is interviewed on CGTN regarding the Trump Administration's efforts to renegotiate NAFTA.
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July 17-21, 2017
July 17-21, 2017
Doreen M. Edelman discusses the Trump Administration's goals for renegotiating NAFTA in SupplyChainBrain and Washington Post.
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July 6, 2018
July 6, 2018
Doreen M. Edelman discusses the possibility of sanctions on Chinese companies doing business with North Korea in The Associated Press.
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April 27, 2017
April 27, 2017
Doreen M. Edelman comments on the role of U.S. trade representatives in the Adam Smith Project.
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February 16, 2017
February 16, 2017
Doreen M. Edelman comments on how the President's trade policies might affect Tennessee in Nashville Business Journal.
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January 23, 2017
January 23, 2017
Doreen M. Edelman discusses U.S. export and military sales policies with Aviation Week & Space Technology.
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August 16, 2016
August 16, 2016
Doreen M. Edelman is quoted in Bidness Etc on the potential Boeing deal with Iran.
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June 26, 2016
June 26, 2016
Doreen M. Edelman is quoted in Hotel Management regarding the Cuban hotel industry.
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April 14, 2016
April 14, 2016
Doreen M. Edelman is quoted in Hotel Management about getting permission to do business in Cuba.
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September 23, 2014
September 23, 2014
Doreen M. Edelman is featured on LXBN-TV.
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March 11, 2013
March 11, 2013
Law360 interviews Global Trade & Policy chair Doreen M. Edelman in a Q&A.
SPEAKING ENGAGEMENTS
- Recent Developments in Global Trade, Terralex, Webinar, September 25, 2019
- Reducing Trade and Compliance Risks in a Volatile 2019, The National Chemical Credit Association (NCCA) September Quarterly Meeting, Charlotte, NC, September 19-20, 2019
- Everything You Didn’t Know You Need to Know About U.S. Trade Laws, Association of Corporate Counsel's 17th Annual All-Day CLE Conference, Whippany, NJ, September 20, 2019
- Reducing Trade and Compliance Risks in a Volatile 2019, National Association of Credit Management, July 23, 2019
- Foreign direct investments in the USA and Europe: the changing scope of national security reviews, Osborne Clarke, London, UK, June 18, 2019
- Lowenstein Sandler Spring Alumni CLE Day, Lowenstein Sandler, Roseland, NJ, April 30, 2019
- A.C.E.S. Compliance Summit, Anti-Corruption, Anti-Bribery, Export Controls and Sanctions (A.C.E.S.), Washington, D.C., April 16, 2019
- Going Global? Practical Perspectives, 18th Annual Sun, Surf & Seminars Conference, Hispanic Bar Association of New Jersey, Antigua, Guatemala, February 27-March 3, 2019
- CFIUS for Compliance Professionals (December 10; December 17, 2018), FCPA Compliance Report Podcast, December 2018
- Recent Developments Regarding Import Tariffs, CFIUS, Export Controls and Sanctions - US, EU and Canada, TerraLex Webinar, December 4, 2018
- GCC: The Impact of the Current Trade Tariff Situation on Manufacturers, YPO, November 7, 2018
