Mark D. Herlach: Lawyer with Sutherland Asbill & Brennan LLP

Mark D. Herlach

Washington,  DC  U.S.A.

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AV® Preeminent

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Practice Areas

  • Alternative Dispute Resolution
  • Corporate
  • Energy
  • Environmental & Commodities
  • Energy Mergers & Acquisitions
  • Internal Investigations
  • Litigation
  • Mergers & Acquisitions
  • Nuclear
  • Policy & Government Affairs
  • Privacy & Data Security
  • Renewable & Alternative Energy
  • Trade & Sanctions
  • Government Enforcement & Investigations
Contact InfoTelephone: 202.383.0172
Fax: 202-637-3593
University Stanford University, B.A., with honors
Law SchoolUniversity of Michigan Law School, J.D., cum laude Note Editor, Michigan Law Review
Admitted1975, District of Columbia

Professional Activities
Member of the Board and Chair, Energy and Environment Committee, British American Business Association (BABA)
Binational Panelist, Canada-United States Free Trade Agreement
Member, Advisory Board, North American Free Trade & Investment Report
Member of the Board, International Nuclear Law Association
Member, Lawyer's Committee, Nuclear Energy Institute
Former Chair, Annual Conference on International Trade sponsored by Georgetown University Law Center
Member, American Bar Association

BornMilwaukee, Wisconsin, October 3, 1950

Mark Herlach is an international lawyer with a practice focus on energy and international business. With deep experience in Asia, Europe and North and South America, Mark represents a broad range of clients, including corporations, governments, and high-technology companies. He has guided clients in a broad range of complex matters, including mergers and acquisitions, and export control, import relief, and Foreign Corrupt Practices Act investigations. Mark advises on cross-border transactions, foreign investment, government policy, international trade, and privacy matters.

A member of Sutherland's Energy Practice Group and Chair of our Nuclear Energy team, Mark works with clients on international trade, global compliance practices, energy policy, and clean energy technologies. He has played a leading role in resolving some of the most significant and challenging international trade disputes, involving such key products as automobiles, semiconductors, steel, and uranium. Before joining Sutherland, Mark was a partner in a major international law firm based in New York.

Mark frequently speaks on energy and international trade issues from a national and global perspective. He represents clients before the Committee on Foreign Investment in the United States (CFIUS), the U.S. International Trade Commission, and federal agencies and courts throughout the country.

Selected Experience
Sutherland represents multinational company in internal investigation of its activities under U.S. export control and sanctions laws.
Sutherland advises British Nuclear Fuels in $5.4 billion auction.
Sutherland counsels on the acquisition of ABB's global nuclear energy businesses for $485 million.


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SANCTIONS UPDATE - New Treasury Guidance on Aggregation of Ownership Interests
Mark D. Herlach,Beverly J. Rudy, August 18, 2014
On August 13, the U.S. Department of the Treasury published revised guidance on the treatment of entities owned by persons whose property and interests in property are blocked under the Executive Orders and regulations administered by the Office of Foreign Assets Control (OFAC). Under its new...

D.C. Circuit Court’s Surprising Ruling on Chinese CFIUS Case May Result in Greater Transparency in Certain National Security Proceedings
Jeffrey P. Bialos,Amanda R. Callais,Mark D. Herlach, July 24, 2014
On July 15, the United States Court of Appeals for the District of Columbia Circuit ruled that the President violated the due process rights of Ralls Corporation, a U.S. company owned by two Chinese nationals when, pursuant to Section 721 of the U.S. Defense Production Act...

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Office Information

Mark D. Herlach

700 Sixth Street NW, Suite 700
WashingtonDC 20001-3980


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