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.

Awards and Rankings

Named to The Best Lawyers in America in the area of international trade and finance law (2016)

Client Tools
Cybersecurity and Privacy Insights Blog


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EU-US Privacy Shield: European Union and U.S. Reach Agreement in Principle for New Data Transfer Framework - But Uncertainty Remains
Mark D. Herlach,Brian M. Murphy,Robert D. Owen,Robert J. Pile,Mary Jane Wilson-Bilik, February 11, 2016
On February 2, 2016, the European Commission (EC) and the U.S. Department of Commerce (Commerce) announced that they had reached agreement on a new data transfer safe harbor arrangement for the transfer of personal data from Europe to the U.S. The new safe harbor pact, called the EU-US Privacy...

NAIC Adopts Roadmap for Cybersecurity Consumer Protections
Mark D. Herlach,Michael R. Nelson,John S. Pruitt,Stephen E. Roth,Cynthia R. Shoss, December 22, 2015
Except for a new name and new introduction, the Cybersecurity Roadmap is identical to the Cybersecurity Bill of Rights that was adopted by the NAIC Cybersecurity Task Force in October. The Bill of Rights was adopted over objections from industry groups that the document was confusing and...

The New York Department of Financial Services Releases Potential New Cybersecurity Rules
B. Scott Burton,Mark D. Herlach,Robert D. Owen,Robert J. Pile,Mark Thibodeaux, November 13, 2015
On November 9, Anthony Albanese, Acting Superintendent of the New York Department of Financial Services (the NYDFS), sent a letter to the 18 members of the Financial and Banking Information Infrastructure Committee (the FBIIC) that outlines key regulatory proposals that NYDFS is considering as new...

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Office Information

Mark D. Herlach

700 Sixth Street NW, Suite 700
WashingtonDC 20001-3980


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