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
  • Crisis Management
  • Mergers & Acquisitions
  • Nuclear
  • Policy & Government Affairs
  • Cybersecurity & Privacy
  • Renewable & Alternative Energy
  • Trade & Sanctions
  • Commodities 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, Practice Leader of Sutherland's Cybersecurity and Privacy team 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, international trade and privacy 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.

Client Tools

Cybersecurity and Privacy Insights Blog


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The U.S. and Other Nations Reach Historic Nuclear Deal with Iran
Cheryl I. Aaron,Mark D. Herlach,Beverly J. Rudy, July 16, 2015
On July 14, the P5+1 (China, France, Russia, the United Kingdom, the United States and Germany) reached a historic nuclear agreement with Iran, following almost two years of negotiations. Under the Joint Comprehensive Plan of Action (the JCPOA or the Plan of Action), Iran will scale back its...

Update on Cybersecurity Issues - New York Section 308 Letter & NAIC Spring National Meeting
Ellen M. Dunn,Daniel E. Frank,Mark D. Herlach,John S. Pruitt,Stephen E. Roth, April 6, 2015
Cybersecurity continues to be an emerging regulatory issue in the insurance industry, as evidenced by recent actions taken by the New York Department of Financial Services (the “DFS”) and the National Association of Insurance Commissioners (the “NAIC”). Specifically, in a...

Congress Authorizes New Ukraine-Related Sanctions Against Russia
Cheryl I. Aaron,Jeffrey P. Bialos,Mark D. Herlach,John S. Pruitt,Beverly J. Rudy, February 6, 2015
On December 18th, President Obama signed into law the “Ukraine Freedom Support Act of 2014,” authorizing stricter sanctions against Russia, and also increasing military and non-military assistance for Ukraine. Although the new law grants the President broad authority to take action...

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Office Information

Mark D. Herlach

700 Sixth Street NW, Suite 700
WashingtonDC 20001-3980


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