David Addis's practice encompasses US foreign trade controls, including export controls, technology controls and encryption regulation, and antitrust counseling on mergers and acquisitions, joint ventures and other competitor collaborations, and intellectual property licensing, including IP licensing policies for standard-setting organizations.
Mr. Addis has extensive experience with US foreign trade controls, export regulations and embargo sanctions administered by the Departments of Commerce, Treasury, State and Homeland Security, and advises on compliance, obtaining licensing, and responding to possible enforcement actions. He advises on encryption regulations, compliance with export regulations for dual-use commercial products as well as defense articles and technology, and cross-border technology transfers in the computer, software and biotechnology sectors. He advises as well on embargo regulations and economic sanctions to combat terrorism, including help to obtain licensing for medical sales to embargoed countries.
Mr. Addis also provides antitrust counseling and transaction planning for mergers and acquisitions, joint ventures and collaborations; intellectual property licensing and cross-licensing agreements; and standards-setting activities. He has extensive experience advising clients on all aspects of complying with the Hart-Scott-Rodino (HSR) Act and regulations. He has represented Microsoft in its participation in a wide range of technical standards setting organizations, advising the company on intellectual property licensing policies and antitrust concerns agreements related to technical standards development.
Representative Matters
· Antitrust clearance for mergers, acquisitions, and license grants under the HSR review process before the Federal Trade Commission and the Justice Department's Antitrust Division.
· Assisting global high-technology companies with export controls affecting encryption items and high-performance computers.
· Representing participants in two different biotechnology cross-licensing and collaboration joint ventures to develop and commercialize gene-based therapies, one investigated under the HSR process by the Federal Trade Commission and one by the Justice Department's Antitrust Division, and successfully persuading both agencies to close the initial investigations without a challenge.
· Securing export licenses enabling leading pharmaceutical companies to sell medical products to embargoed countries, including Cuba, Iran, Iraq, Libya, and Sudan.
· Antitrust advice on a distribution joint venture formed by leading commercial truck manufacturers.
· Representing US defense subcontractors in enforcement investigations and related export licensing initiatives before the State Department's Directorate of Defense Trade Controls.
· Antitrust and HSR counseling for a wide array of cross-licensing and R&D collaborations for pharmaceutical and biotechnology companies, and for media/communications joint ventures, including cable channel ventures, joint ventures for video programming and content, and satellite, wireless, and broadcast joint ventures.
Pro Bono
· Amicus briefs in the Courts of Appeal on behalf of the Electronic Privacy Information Center in Junger v. Daly and Bernstein v. Department of State establishing that software source code is expression entitled to full First Amendment protection.
Publications and Speeches
· Antitrust Litigation Seminar, University of Virginia Law School, teaching with other firm lawyers (1995-2001)
Publications
· "New U.S. Executive Order Targets Foreign "Evaders" of Iran and Syria Sanctions," Covington E-Alert (5/7/2012), Co-Author
· "Developments in U.S. Sanctions Against Iran," Covington E-Alert (2/9/2012), Co-Author
· "New Iran Sanctions Imposed by the National Defense Authorization Act," Covington E-Alert (1/4/2012), Co-Author
· "Developments in US and UK Sanctions Against Iran," Covington E-Alert (11/22/2011), Co-Author
· "The Next Step in Export Control Reform: Proposed Revisions to Controls On Military Aircraft Unveiled," Covington E-Alert (11/15/2011), Co-Author
· "EU Imposes Additional Economic Sanctions against Syria Additional Designations and Clarifications of US Sanctions," Covington E-Alert (9/7/2011), Co-Author
· "EU Syria and Libya Sanctions: EU Acts to Impose Additional Economic Sanctions against Syria While Easing Libya Sanctions and Unblocking Certain Libyan Assets," Covington E-Alert (9/2/2011), Co-Author
· "Developments in U.S. Sanctions Against Syria," Covington E-Alert (8/19/2011), Co-Author
· "New Dual and Third Country Nationals Rule," Covington E-Alert (5/16/2011), Co-Author
· "FinCEN Issues Proposed Regulations Implementing Iran Sanctions Legislation," Covington E-Alert (5/6/2011), Co-Author
· "Recent Developments in EU and US Economic Sanctions," Covington E-Alert (4/14/2011), Co-Author
· "New US and International Sanctions Against Libya Target Libyan Government and Qadhafi," Covington E-Alert (2/28/2011), Co-Author
· "The Proposed Strategic Trade Authorization License Exception, Consolidated Export Screening List, and New Restricted Parties," Covington E-Alert (12/23/2010), Co-Author
· "Amendments to the Encryption Provisions of the Export Administration Regulations Transform the Existing Product-By-Product "Review-and-Wait" Procedures to a Streamlined "Registration-and-Annual-Report" Process," Covington E-Alert (7/6/2010), Co-Author
· "Congress Passes Comprehensive, Unilateral Sanctions Against Iran," Covington E-Alert (6/25/2010), Co-Author
· "Senate Passes New Iran Sanctions Legislation Targeting Non-U.S. Companies in Petroleum Industry," Covington E-Alert (2/2/2010), Co-Author
· "FTC Announces New Lower HSR Filing Thresholds Effective February 22, 2010," Covington E-Alert (1/22/2010), Co-Author
· "Treasury and Commerce Departments Issue New Regulations on Cuba Trade Restrictions," Covington E-Alert (9/16/2009), Co-Author
· "U.S. Further Relaxes Sanctions on Cuba Related to Telecommunications, Remittances, Family Visits and Humanitarian Donations," Covington E-Alert (4/14/2009), Co-Author
· "FTC Loss in Rambus Litigation," Covington E-Alert (4/24/2008), Co-Author
· "Cryptography and Encryption: Confidentiality and Information Security," E-Commerce Law & Business (2003)
· "First Amendment Challenge to U.S. Ban on Encryption Exports is Rejected," Lawmoney (7/16/1998), Author
Presentations and Speeches
· "U.S. Regulation of Technology Exports," Law Seminars International Conference, Houston (April 2004)
· "Antitrust Considerations for Negotiating and Structuring Technology Agreements," Law Seminars International Conference, Fort Lauderdale (January 2004)
· "Licensing Sales of Medical Products to Embargoed Countries: Trade Sanctions Reform and Export Enhancement Act (TSRA)," Pharmaceutical International Lawyers Legal Seminars (PILLS) (December 2002)
· "Post 9/11 Sanctions," The Conference Board's Council of Senior International Attorneys, Miami (March 2002)