In a career built with hands-on experience in international law, national security and globalization combined with high-level U.S. government service, Jeff Bialos assists his clients in making multi-faceted business decisions, structuring transactions and complying with complex regulatory requirements. Jeff brings deep experience in defense, homeland security and national security matters, including antitrust, procurement, export controls, industrial security and the Foreign Corrupt Practices Act. He advises clients on international commercial, trade and public policy issues, assists in internal investigations and he has significant regional experience in Europe, Japan and the Middle East. He handles novel private/public issues for clients in an array of regulated industries.
Jeff advises clients on aerospace and defense and other mergers and acquisitions with a focus on antitrust, government contracts and related issues. With hands-on industrial sector experience, he handles challenging transactions from an antitrust standpoint involving consolidations of firms and divestitures in concentrated markets. He has represented a series of major firms in mergers involving cutting edge antitrust issues (horizontal, vertical, and conflict of interest) both at the Justice Department and the FTC, including a number of second requests and “quick looks” under Hart-Scott-Rodino, and has worked closely with economists and other specialists in developing and advocating fact-based positions acceptable to the regulatory agencies. He has also handled the competition filing requirements in a number of foreign jurisdictions.
He advises foreign corporations in acquisitions of U.S. defense firms and firms in other sensitive business sectors (such as energy, electronic voting, information technology and space). He assists clients through the myriad of governance, security and regulatory issues that arise in such deals and the management of such acquired firms after closing.
He counsels clients with respect to Exon-Florio national security investigations of foreign acquisitions, and has handled many filings for clients. He structured some of the most novel mitigation and safeguard arrangements in place to address national security issues under Exon-Florio and to mitigate “foreign ownership control and influence” under the National Industrial Security Program, including Special Security Agreements, Security Control Agreements, proxies, and other unique arrangements shaped to address particular transactions.
Jeff guides clients through major internal investigations, voluntary disclosures, and compliance programs with respect to export controls, government contracts and the Foreign Corrupt Practices Act.
Jeff regularly advises clients on government contract matters and represents clients in bid protests (before the U.S. Court of Claims and GAO)-structuring responses to requests for procurement and addressing cutting edge organizational conflict of interest issues.
Jeff works extensively on international strategy and collaborative arrangements, including joint ventures, teaming arrangements and organizational structure.
Jeff's career includes work with the U.S. government in several capacities. From 1999 to 2000, he served as the Deputy Under Secretary of Defense for Industrial Affairs and was awarded the Department of Defense Distinguished Public Service Medal for his service. He led the review of defense mergers and acquisitions from an antitrust as well as a national defense perspective, advised the Secretary of Defense on policies and programs concerning the defense industrial base, managed initiatives/negotiations with U.S. allies on trans-Atlantic defense industrial cooperation, and was integrally involved in major reforms of U.S. defense export controls. From 1997 to 1999, Jeff was special advisor to Under Secretary of State for Economic, Business and Agricultural affairs, where he addressed international economic policy matters, including economic sanctions, anti-corruption and rule of law issues and trade issues. From 1996 to 1997, Jeff was the Principal Deputy Assistant Secretary of Commerce for Import Administration. He administered the antidumping and countervailing duties and handled major trade disputes, negotiations and related litigation.
Jeff served as a member of Defense Science Board task forces (on the defense industry and space), and was appointed by Governors Mark Warner and Tim Kaine to the Virginia Secure Commonwealth Panel, which oversees that state's homeland security policy planning.
Sutherland counsels Israeli firm in its acquisitions of two U.S. defense and technology firms.
Sutherland represents major defense firm in multiple acquisitions.
Sutherland serves as antitrust counsel to GenCorp in cutting-edge acquisition of Pratt & Whitney Rocketdyne.
ClerkshipsHonorable Daniel M. Friedman, U.S. Court of Appeals - Federal Circuit.