Export Control Disputes and Advocacy

Holland & Knight's Export Control Disputes and Advocacy Team handles the most complex and high-stakes export control matters through a sophisticated multidisciplinary approach developed to increase the client's likelihood of success, whether working cooperatively with the government or contesting its positions. We seamlessly pair our export control regulatory lawyers with our export control appellate (issues and appeals) and white collar defense lawyers to bring a distinctive perspective with an anticipatory and strategic edge.

Our export control regulatory lawyers leverage their considerable former government experience writing and enforcing export control regulations to deliver vital insight into agency opportunities and vulnerabilities. Our appellate lawyers have the rare distinction of successfully litigating to invalidate agency interpretations of export control laws in federal court and using that experience to craft cutting-edge legal strategy and identify issues other firms often miss. Our white collar defense lawyers, including a former U.S. Attorney who led one of the nation's largest criminal export control prosecutions, apply their considerable experience defending companies in civil and criminal export control matters to provide strategic counsel.

Our distinctive perspective and sophisticated legal counsel help uncover winning arguments and strategies, whether defending companies in enforcement actions, preparing proactive defenses, conducting internal investigations, navigating consent agreements, seeking favorable agency rulings or shaping export control laws through regulatory advocacy or litigation. We have built a market-leading track record of significant successes before the U.S. Department of State's Directorate of Defense Trade Controls (DDTC) on International Traffic in Arms Regulations (ITAR) matters and the U.S. Department of Commerce's Bureau of Industry and Security (BIS) on Export Administration Regulations (EAR) matters, as well as before the federal courts.

Enforcement Defense and Investigations

Our attorneys' track record of success defending companies in enforcement matters (including during the proposed charging letter phase) and challenging agency positions stems from our distinctive approach to enforcement defense and internal investigations. This is particularly critical given the recent trends of DDTC and BIS pursuing significant criminal and civil penalties in a larger number of matters. Drawing on our multidisciplinary approach and experience successfully litigating agency interpretations, we evaluate alleged violations strategically, assess enforceability and develop innovative legal and factual arguments to build the crucial advocacy and legal strategy that protect client interests.

Advocacy and Agency Appeals

Drawing on our deep understanding of agency decision-making, an otherwise highly opaque area, we help clients obtain favorable rulings on regulatory interpretations, commodity jurisdictions, classifications, investigations and delisting petitions by anticipating agency concerns and delivering compelling arguments. Our lawyers also serve as appellate counsel to reverse unfavorable rulings in these special situations by deeply understanding the agency appeals process. Additionally, we advance client interests through sophisticated rulemaking advocacy by crafting effective comments for regulatory change, and we help clients resolve export control disputes with other companies.

Proactive Defense

Faced with increasing regulatory uncertainty and enforcement, we help clients tackle the most perplexing export control issues with the highest degree of confidence. Drawing on our experience successfully challenging agency interpretations and handling enforcement matters, we develop forward-looking solutions that anticipate regulatory risks and build sophisticated defenses to dissuade any potential enforcement challenge. This anticipatory and strategic approach helps clients confidently navigate difficult, high-stakes decisions while building strong defensive positions from the outset.

Consent Agreements

We negotiate consent agreements and guide companies through their demanding remedial requirements, having successfully advised six companies (including two Fortune 250 companies). Our approach repairs and strengthens agency relationships while resolving complex disagreements that may arise with regulators and special compliance officers. We build efficient, best-in-class compliance programs with high-confidence jurisdiction and classification reviews that consistently exceed agency expectations.

Litigation and Legal Strategy

Our attorneys bring proven capabilities to export control litigation, having secured rare victories, including the first appellate decision invalidating a DDTC interpretation of the ITAR. We develop sophisticated legal strategies for challenging agency actions, drawing on our deep regulatory knowledge and track record of successfully contesting agency interpretations. We also work with organizations wishing to participate as amicus curiae in cases involving other parties that implicate those organizations' interests that need to be advanced or protected.

Second Opinion Counsel

We provide fresh perspectives on complex export control matters. Our lawyers have extensive experience working with companies as second opinion counsel to augment or validate the legal views of their existing counsel by identifying new legal issues, refining the legal strategy and approach, and testing potential legal theories and other cutting-edge legal issues.