Mark Herlach, a member of Sutherland's Energy and Environmental Practice Group, is an international lawyer with broad global experience. Mark's principal areas of concentration include energy, international trade, and cross-border transactions, and he also advises clients on foreign investment strategy and global compliance practices. Mark represents corporations in high technology industries, advises on energy policy and clean energy technology, and chairs Sutherland's Nuclear Energy Team. He has also helped resolve numerous international disputes, including significant matters involving trade in industrial products, semiconductors, steel and uranium. Mark appears before the Committee on Foreign Investment in the U.S. (CFIUS), the U.S. International Trade Commission, and federal agencies and courts throughout the U.S. He frequently speaks on energy and international trade issues. Representative Experience Mark's recent experience includes: · Representing British Nuclear Fuels in the sale of Westinghouse to Toshiba for $5.4 billion. · Representing Westinghouse in connection with the Louisiana Energy Services project to construct a $1.5 billion uranium enrichment facility in New Mexico. · Acting for multinational producers of chemical, electronic and steel products in import relief investigations and Customs matters. · Representing British Nuclear Fuels in the acquisition of the global nuclear energy businesses of ABB for $485 million. · Advising on international investment and trade issues. · Conducting internal investigations. Professional and Community Involvement · Member of the Board and Chair, Energy and Environment Committee, British American Business Association (BABA) · Member, Advisory Board, North American Free Trade & Investment Report · Member, American Bar Association · Member, International Nuclear Lawyers Association · Member, Lawyer's Committee, Nuclear Energy Institute · Former Chair, Annual Conference on International Trade sponsored by Georgetown University Law Center · Binational Panelist, U.S. Canada Free Trade Agreement Publications and Speaking Engagements · Co-author, "Constructing Power: The Near Term Outlook for Construction of Power Generation Projects in the 21st Century," Journal of the American College of Construction Lawyers, Vol. 5, No. 2 (Summer 2011) · Co-author, "New Efforts to Combat International Bribery: Big Penalties and Individual Targets," Partnering Perspectives (Summer 2011) · Commentator, "Q&A With Sutherland's Mark Herlach," Corporate Finance Law360 (October 27, 2009) · Quoted, "A Cloudy Forecast," Public Utilities Fortnightly (January 2007) · Author, "New Strategies and New Players: Creating a Nuclear Revival for the Long Term," World Nuclear Association (September 2006) · Co-author, "Nukes Ride Again," Energy (Winter 2006) · Co-editor, Joint Ventures in Eastern Europe (Euromoney Books) · Co-author, "Major Changes in U.S. Countervailing Duty Law: A Guide to the Basics," Harvey M. Applebaum & Lyn M. Schlitt, The GATT, the WTO and the Uruguay Round Agreements Act: Understanding the Fundamental Changes (1995) · Speaker, "Planning for Future Growth of Nuclear Power," Platts 8th Annual Conference on Nuclear Energy, Bethesda, Maryland (February 9-10, 2012) · Speaker, "Export Control Reform - A Work in Process," World Nuclear Fuel Cycle 2011, Chicago, Illinois (April 5, 2011) · Speaker, "Energizing Construction," American College of Construction Lawyers 22nd Annual Conference, Key Biscayne, Florida (February 17-20, 2011) · Moderator and Speaker, "Opportunities in the International Growth of Nuclear Power," Platts 7th Annual Conference on Nuclear Energy, Washington, D.C. (February 16-18, 2011) · Speaker, "The ITAR Brokering Rules," International Trade Compliance Conference, Dallas, Texas (April 19, 2010) · Speaker, "Encryption Controls - New Era or More of the Same," International Trade Compliance Conference, Dallas, Texas (April 19, 2010) · Speaker, "Beyond North America - The International Growth of Nuclear Energy," Platts 6th Annual Conference on Nuclear Energy, Washington, D.C. (February 17-19, 2010) · Moderator and Speaker, "New Build in New Nuclear Markets," International Nuclear Law Association 2009 Nuclear Inter Jura Congress, Toronto (October 4-9, 2009) · Moderator, "Realistic Sustainability: Low-Emission Options (Nuclear, Solar, Clean Coal and Wind) for Meeting Our Growing Energy Needs," British-American Business Council 2009 Transatlantic Business Conference, Washington, D.C. (April 29-May 1, 2009) · Moderator and Speaker, "Financing Nuclear Plant Construction in Regulated and Deregulated Environments," Platts 5th Annual Conference on Nuclear Energy, Washington, D.C. (February 12-13, 2009) · Speaker, "Power Generation - Future Energy Sources," Clean Tech Summit, San Francisco, California (November 19-20, 2008) · Speaker, "Managing Complex Transactions: Leveraging Best Practices," Counsel to Counsel, New York, New York (September 25, 2008) · Speaker, "The Long Term Outlook & Investment Climate for Nuclear Power - 'A Glass Half Full,'" Platts 4th Annual Conference on Nuclear Energy, Washington, D.C. (February 5-6, 2008) · Speaker, "Reducing the Carbon Footprint - The Nuclear Imperative," 2nd Annual Texas Electricity Professionals Association, Houston, Texas (October 29, 2007) · Moderator, "Investor Perspectives on Uranium and Nuclear Fuel - Opportunities, Risks, and Strategies," 3rd Annual Platts Nuclear Fuel Strategies Conference, Washington, D.C. (September 25-26, 2007) · Speaker, "The United States Nuclear Experience - Its Implications and Benefits for Nuclear New Build in Europe," Euromoney Nuclear Energy Finance Forum, London (October 30-31, 2006) · Speaker, "New Strategies & New Players: Creating a Nuclear Revival for the Long Term," World Nuclear Association 31st Annual Symposium, London (September 6-8, 2006) · Moderator and Speaker, "The Westinghouse Sale as Bellwether," 2nd Annual China Power and Alternative Energy Summit, Beijing (June 7-9, 2006) · Speaker, "New Players Bet on the Nuclear Renaissance - Who's at the Table Now?" Platts Nuclear Energy-Opportunities for Growth & Investment in Europe, Paris (May 8-9, 2006) Industries Aerospace, Defense & Homeland Security Liquefied Natural Gas (LNG) Manufacturers News Constructing Power: The Near Term Outlook for Construction of Power Generation Projects in the 21st Century August 26, 2011 Q&A With Sutherland's Mark Herlach October 28, 2009 Reprinted with permission Corporate Finance Law 360, http://www.law360.com MEDIA ADVISORY Sutherland attorney Mark Herlach to moderate panel discussion on issues and challenges of "realistic sustainability" at British American Business Council Transnational Conference April 28, 2009 "Experts See Big Challenges For New Nuclear Construction In Europe" Partner Mark Herlach comments on the sale of Westinghouse to Toshiba Corporation, a hot topic at the recent conference, "Nuclear Energy - Opportunities for Growth and Investment in Europe." 5/11/2006 Reprinted with permission, Platt's Nucleonics Week Legal Alerts Legal Alert: U.S. and EU Restrictions on Doing Business with Iran November 16, 2010 Legal Alert: Interim Rules Implement Buy America Requirements of the Economic Stimulus Package April 9, 2009 Legal Alert: Treasury Releases Final CFIUS Rule for Transactions Involving Foreign Investment in the United States December 1, 2008 Legal Alert: Congress Supports the Nuclear Power Renaissance August 23, 2005 Publications Constructing Power: The Near Term Outlook for Construction of Power Generation Projects in the 21st Century Summer 2011 Posted with permission Journal of the American College of Construction Lawyers, Volume 5, Number 2 Q&A With Sutherland's Mark Herlach October 27, 2009 Corporate Finance Law 360 A Cloudy Forecast January 2007 Reprinted with permission, Public Utilities Fortnightly New Strategies and New Players: Creating a Nuclear Revival for the Long Term September 6, 2006 Reprinted with permission, World Nuclear Association Nukes Ride Again Winter 2006 Reprinted with permission, Energy Joint Ventures in Eastern Europe 1990 Euromoney Books Events 8th Annual Platts Nuclear Energy Conference February 9-10, 2012 American College of Construction Lawyers 2011 Annual Meeting February 18, 2011 Platts 7th Annual Nuclear Energy Conference February 16-18, 2011 Platts 6th Annual Conference on Nuclear Energy February 17-19, 2010 International Nuclear Law Association's 2009 Nuclear Inter Jura Congress October 4-9, 2009 2009 British-American Business Council (BABC) Annual Transatlantic Business Conference April 29-May 1, 2009 Platts 5th Annual Conference on Nuclear Energy February 12-13, 2009 Clean Tech Summit November 19-20, 2008 Counsel to Counsel Forum - Managing Complex Transactions: Leveraging Best Practices September 25, 2008 Platts 4th Annual Conference on Nuclear Energy February 5-6, 2008 2nd Annual Texas Electricity Professionals Association October 29, 2007 3rd Annual Platts Nuclear Fuel Strategies Conference September 25-26, 2007 Euromoney Nuclear Energy Finance Forum October 30-31, 2006 World Nuclear Association 31st Annual Symposium September 6-8, 2006 2nd Annual China Power and Alternative Energy Summit June 7-9, 2006 Platts Nuclear Energy - Opportunities for Growth & Investment in Europe May 8-9, 2006 Nuclear Power on the Verge of a New Era October 27, 2005 |