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Mark D. Herlach

LinkedIn
Partner
Washington,  DC  U.S.A.
Phone202.383.0172

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Energy and Environmental
  • Corporate
  • Aerospace, Defense & Homeland Security
  • Aviation
  • Climate Change
  • Trade & Sanctions Laws
  • Energy Policy & Government Affairs
  • International
  • International Trade
  • Nuclear Energy
  • Renewable & Alternative Energy
 
Contact InfoTelephone: 202.383.0172
Fax: 202-637-3593
http://www.sutherland.com/mark_herlach/
 
University Stanford University, B.A., with honors, 1972
 
Law SchoolUniversity of Michigan Law School, J.D., cum laude, 1975 Note Editor, Michigan Law Review
 
Admitted1975, District of Columbia
 
BornMilwaukee, Wisconsin, October 3, 1950
 
Biography

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

 
ISLN906532315
 


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Office Information

Mark D. Herlach
Sutherland Asbill & Brennan LLP
1275 Pennsylvania Avenue, NW
Washington, DC 20004-2415




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