Reid Whitten

Reid Whitten: Attorney with Sheppard, Mullin, Richter & Hampton LLP

Biography

Reid Whitten works with clients around the world to plan, prepare, and succeed in global business transactions.

In the areas of sanctions, export and defense exports, anti-corruption, and CFIUS, he supports clients in detecting and deterring potential compliance issues as well as conducting and defending investigations and enforcements. Mr. Whitten also advises on anti-dumping, anti-money laundering, and anti-boycott regulations.

Mr. Whitten is a thought leader on cross-border business regulations. He is a professor at the Law School of the Universite Catholique de Lille, in France, where he teaches a course on The Law of International Business. He writes and comments regularly and is called on by trade publications to provide analysis on the latest changes to cross-border transactional regulations. Mr. Whitten also conducts seminars on regulatory updates to industry groups in the United States, France, and Belgium. He speaks French fluently.

Mr. Whitten is the Managing Partner of Sheppard Mullin’s London office and shares his time serving clients out of the Washington, D.C. office.

Honors

•Washington D.C. Rising Star, Super Lawyers, 2013-2017

Experience

Foreign Corrupt Practices Act

•Represented U.S. energy company in a multi-national anti-bribery and FCPA investigation conducted in coordination between U.S. and Ghanaian authorities.
•Defended U.S. energy company in FCPA investigation by U.S. Justice Department (DOJ) and Securities and Exchange Commission (SEC)
•Conducted internal investigation of FCPA red flag reports related to sales by U.S. oilfield equipment manufacturer from its agent in South America
•Designed FCPA and Chinese anti-corruption compliance program for the Chinese operations of U.S. Fortune 100 electronics company
•Advised on internal FCPA investigation of Fortune 100 U.S. agricultural products company related to bribery allegations on three continents
•Counseled non-U.S. automotive company on developing and implementing compliance program and training

U.S. Sanctions

•Led an internal investigation for a global bank into its OFAC sanctions compliance practices
•Advised non-U.S. businesses and financial institutions on entering the Iranian market after the Iran Nuclear Deal
•Performed compliance investigation for U.S. private equity company acquiring ownership of non-U.S. energy company with interests in Iran
•Advised non-U.S. bank on compliance with U.S. sanctions on Iran, Sudan, and other countries and individuals
•Represented non-U.S. chemical manufacturer in negotiating removal from federal and state blocked lists under the Comprehensive Iran Sanctions, Accountability and Divestment Act of 2010 (CISADA)
•Conducted internal review of reported sanctions for major U.S. medical equipment manufacturer investigating reports of an agent making unauthorized sales to Iran

Export Controls

•Applied for and obtained one of the first export licenses under revised sanctions regulations that permitted a U.S. company to send good to Cuba to support a clean-water initiative in that country.
•Completed a company-wide ITAR compliance audit for the U.S. facilities of a global materials manufacturer and obtained a closed matter with no penalty or further action from The Directorate of Defense Trade Controls (DDTC)
•Executed an ITAR review for a U.S. aerospace and defense manufacturer, integrating the compliance policies of two merged companies and reporting to regulators on the same
•Completed a review of EAR control compliance for a second-market microchip distributor pursuant to an FBI subpoena and negotiated closure of the investigation with significant reduction in penalties as a result of compliance improvements and cooperation
•Represented major U.S. consulting firm in internal investigation relating to the inadvertent export of controlled technical data
•Counseled Fortune 100 aerospace company concerning civilian and military export control matters, including controls relating to encryption and composites
•Represented Non-U.S. multinational chemical manufacturer in obtaining licenses for the export of controlled chemicals for medical research
•Advised multiple U.S. research universities on technology and deemed export issues related to non-U.S. campuses, students, and faculty
•Represented global automotive company establish and deploy export compliance processes, agreement language, and training to U.S. and non-U.S. personnel
•Defended U.S. electronics distributor in enforcement action by U.S. Attorney's Office for Middle District of Florida resulting in civil disposition with no criminal charges
•Represented Non-U.S. multinational manufacturer obtain licenses under ITAR for sharing controlled technical data to produce protective equipment for the U.S. military

CFIUS and Customs

•Successfully represented a U.S. manufacturer to the Korean Customs Service and obtained preferential treatment in Korea for that company’s products under the Korea U.S. Free Trade Agreement
•Represented U.S. and Canadian petroleum shippers, natural gas shippers, and pipelines in discussions with U.S. Customs and U.S. Census on regulatory interpretations
•Represented U.S. entity in CFIUS submission in connection with sale to non-U.S. investment fund of critical infrastructure assets

Litigation and Other

•Prepared a petition for certiori to the U.S. Supreme Court for a suit to protect the civil rights of immigrant detainees
•Defended the District of Columbia in a civil suit against thirty-two DCPD officers for damages related to the service of a warrant on a murder suspect
•Defended the District of Columbia in a civil suit against doctors at public hospitals who had performed free clinic care for patients underserved areas
•Served as judicial clerk for the U.S. District Court for the Western District of Virginia

Pro Bono

•Represented the widows of U.S. veterans in efforts to obtain benefits from the U.S. Veterans Administration

Articles

•Predicting the Unpredictable: Foreign Investment Under the Trump Administration
The National Law Review , March 16, 2017
•Foreign Investment Under Trump Administration
The National Law Review , March 15, 2017
•The Undoing Project - Why NAFTA Can’t be Undone, but Can be Re-Done
The National Law Review , January 13, 2017
•The Table Flip: Trump, the Iran Nuclear Deal, and American Business
The National Law Review , December 7, 2016
•Those Three Little Words: OFAC’s Subtle Language Shift Could Create Sweeping Change on Iran Investment
National Law Review , October 11, 2016
•Layover in Tehran: United States Authorizes Carriers to Land Civil Aircraft in Iran
The National Law Review , August 17, 2016
•New Business Opportunities in Iran - Can You Bank on It?
Financier Worldwide , June 2016
•The Morning After: Waking up to Brexit and Its Impact on Your Business
The National Law Review , June 24, 2016
•Europe Opens Routes for Sanctioned Iran Airline: Flying the Too-Friendly Skies?
The National Law Review , June 9, 2016
•New Business Opportunities in Iran! But Who Will Be Your Banker? Non-U.S. Banks Hesitant to Process Lawful Iran Transactions...and for Good Reason
The National Law Review , April 20, 2016
•EU-US Privacy Shield: Brace Yourself . . . or Maybe Not
The National Law Review , March 4, 2016
•The Day of North Korea Sanctions: the UN Imposes the Toughest North Korea Sanctions Yet While OFAC and State Designate More North Korean Entities
The National Law Review , March 3, 2016
•US and EU Iran Sanctions Lifted: How to Proceed in Aviation Sector?
The National Law Review , January 20, 2016
•Trans Pacific Partnership and Auto Industry: Will Six Thousand Pages Pave Way for Increased Exports?
The National Law Review , November 12, 2015
•Keep Your Frenemies Close: Proposed China Sanctions and the Price of Escalation
The National Law Review , September 18, 2015
•Implementation Day: Do the Rules Let You Play in the New Ballgame for Business in Iran?
The National Law Review , July 16, 2015
•They Grow Up So Fast: Alstom and the UK Bribery Act at Five Years
The National Law Review , May 20, 2015
•The Broader Problem: European Bank Creates an Easy Catch for the Long Arm of U.S. Jurisdiction
The National Law Review , April 1, 2015
•Read the Directions Carefully Before Playing: State Department Releases Military Drone Export Guidance
The National Law Review , March 5, 2015
•Change Your Entire Energy Export Policy Using This One Weird Trick! BIS “Clarifies” Short Supply Controls to Make Oil Exporting Easier
The National Law Review , January 15, 2015
•Charting A New Course for Cuba re: Diplomatic Relations with Cuba
The National Law Review , December 17, 2014
•ECR Episode XI: Rewriting the Guide to the Galaxy - Satellites Passed to Commerce Control
The National Law Review , November 6, 2014
•Bulletin: Commerce Department Statistics on the First Year of Export Control Reform
The national Law Review , October 16, 2014
•ECR Episode IX: The Export Control Reform Turns One - What are Your Plans for the Big Celebration?
The National Law Review , October 9, 2014
•Shelter from the Coming Storm: Anti-Corruption Compliance in European Public Procurement
The National Law Review , July 15, 2014
•BNP Paribas and La Resistance: Why Compliance is Not Capitulation and Cooperation Could Save an Economy - France
The National Law Review , June 13, 2014
•ECR Episode IX - The Next Wave of Export Control Reform Takes Effect on July 1, 2014, Serving up the Third Round
The National Law Review , June 13, 2014
•Just the TTIP (Transatlantic Trade and Investment Partnership): A Review of the Transatlantic Partnership Agreement One Year After It Is Introduced to America
The National Law Review , February 6, 2014
•Government Procurement: November and December 2013 and January 2014 Federal Register Update
The National Law Review , January 22, 2014
•ECR (Export Control Reform) Episode VIII: New Rules for the New Year
The National Law Review , January 8, 2014
•Co-authored chapter, U.S. Export Controls and the Cloud
Cloud Computing Legal Deskbook, 2013 Edition, Thomson Reuters Westlaw
Thomson Reuters Westlaw , November 2013
•Export Control Reform (ECR) Series Episode VII: Livin’ in a Materials World - Changes to US Munitions List Category XIII
The National Law Review , November 16, 2013
•Export Control Reform (ECR) Series Episode V: Revisions to Naval Vessel and Military Vehicle Controls - A Regulatory Sea (and Land) Change
The National Law Review , September 7, 2013
•What Export Control Reform Means for You: Let Us Cl-EAR Up Changes to the International Traffic in Arms Regulations (ITAR) - Episode II: The First Change - Reevaluating your ITAR Aircraft Parts
The National Law Review , July 12, 2013
•What Export Control Reform Means for You: Let Us Cl-EAR Up Changes to the International Traffic in Arms Regulations (ITAR) - Episode I: The Basics - Five Points to Remember about Export Control Reform
The National Law Review , July 12, 2013
•$8 Million Penalty for Weak International Traffic in Arms Regulations (ITAR) Compliance: How the Price of Maintenance Beats the Cost of Repair
The National Law Review , May 8, 2013
•The Race For Riches In US-EU Trade Begins
Law360 , April 18, 2013
•Is China Getting Serious or Redirecting Responsibility? New guidance on Chinese Anti-Bribery Enforcement
The National Law Review , February 18, 2013
•Things we need to be aware of when investing in Myanmar
The Korea Herald , February 6, 2013
• Loosening Satellite Export Controls
Law360 , May 4, 2012
• Early Steps Toward a Streamlined Export Control System
WorldECR , December 22, 2011
• Taking Early Steps Toward Streamlined Export Control
Law360 , November 29, 2011
•Prison Time and Export Controls: University Professor's Case Illustrates Dangers of Ignoring Export Compliance
The National Law Review , October 29, 2011
•Mind Your Own Businesses: UK Court Decision May Signal Pushback On Extraterritorial Enforcement of US Trade Laws
The National Law Review , October 26, 2011
•California and Florida Lead Trend of New State-Level Iran Sanctions
The National Law Review , June 19, 2011
•Federal Judge Upholds DOJ's Expansive Application Of FCPA
The National Law Review , May 13, 2011

Top 12 EU Legal Developments to Watch in 2017, January 23, 2017

Global Trade Law Blog Posts

• Today, President Trump Decertified the Iran Deal and Announced Tougher Sanctions on Iran, October 13, 2017
• Growing Pains for Expanding Tech Companies: Uber Investigated for FCPA Violations, September 14, 2017
• The United States Munitions List: When Guns Come Off of the ITAR, September 14, 2017
• Section 301: The Trade Law You May Not Know Well that Could Shock Industries, August 17, 2017
• One Year From Now, You May Be Out of Iran: Trump Administration Policy and the Timeline for Snapback, August 1, 2017
• In the Chaos of (Trade) War, Where Does Your Company Find Peace? August 1, 2017
• Dinner Table Conversation: How an Offhand Comment May Signal a Shift in the Global Trade of Semiconductors, June 22, 2017
• Oh, Hadn’t You Heard? You’re Violating French Law Right Now! France Gets Serieuse about Anti-Corruption, June 22, 2017
• Predicting the Unpredictable: Foreign Investment Under the Trump Administration, March 15, 2017
• The Undoing Project - Why NAFTA Can’t be Undone, but Can be Re-Done, January 13, 2017
• The Table Flip: Trump, the Iran Nuclear Deal, and American Business, December 7, 2016
• Those Three Little Words: OFAC’s Subtle Language Shift Could Create Sweeping Change on Iran Investment, October 10, 2016
• Layover in Tehran: United States Authorizes Carriers to Land Civil Aircraft in Iran, August 17, 2016
• The Morning After: Waking up to Brexit and Its Impact on Your Business, June 24, 2016
• Flying the Too-Friendly Skies? Europe Opens Routes for Sanctioned Iran Airline, June 9, 2016
• New Business Opportunities in Iran! But Who Will Be Your Banker? Non-U.S. Banks Hesitant to Process Lawful Iran Transactions...and for Good Reason, April 20, 2016
• The Day of North Korea Sanctions: the UN Imposes the Toughest North Korea Sanctions Yet While OFAC and State Designate More North Korean Entities, March 3, 2016
• EU-US Privacy Shield: Brace Yourself . . . or Maybe Not, March 3, 2016
• US and EU Iran Sanctions Lifted: How to Proceed in the Aviation Sector? January 20, 2016
• Airplanes, Pistachios, and a New Burger Joint in Tehran: What Changes for the United States Under Lighter Iran Sanctions, January 20, 2016
• The Trans Pacific Partnership and the Auto Industry: Will Six Thousand Pages Pave the Way for Increased Exports? November 12, 2015
• Keep Your Frenemies Close: Proposed China Sanctions and the Price of Escalation, September 17, 2015
• Implementation Day: Do the Rules Let You Play in the New Ballgame for Business in Iran? July 16, 2015
• The Broader Problem: European Bank Creates an Easy Catch for the Long Arm of U.S. Jurisdiction, April 1, 2015
• Read the Directions Carefully Before Playing: State Department Releases Military Drone Export Guidance, March 5, 2015
• Change Your Entire Energy Export Policy Using This One Weird Trick! BIS “Clarifies” Short Supply Controls to Make Oil Exporting Easier, January 15, 2015
• A New Latitude: Charting a Course for Cuba, December 17, 2014
• Military Electronics Export Reform: Let the Chips Fall Where They May, December 4, 2014
• ECR Episode XI: Rewriting the Guide to the Galaxy - Satellites Passed to Commerce Control, November 6, 2014
• Bulletin: Commerce Department Statistics on the First Year of Export Control Reform, October 16, 2014
• ECR Episode IX: The Export Control Reform Turns One - What are Your Plans for the Big Celebration? October 9, 2014
• Shelter from the Coming Storm: Anti-Corruption Compliance in European Public Procurement, July 15, 2014
• BNP Paribas and La Resistance: Why Compliance is not Capitulation and Cooperation Could Save an Economy, June 12, 2014
• ECR Episode IX - Serving up the Third Round: The Next Wave of Export Control Reform Takes Effect on July 1, 2014, June 12, 2014
• Just the TTIP: A Review of the Transatlantic Partnership Agreement One Year After It Is Introduced to America, February 6, 2014
• ECR Episode VIII: New Rules for the New Year, January 8, 2014
• ECR Series Episode VII: Livin’ in a Materials World - Changes to USML Category XIII, November 13, 2013
• ECR Series Episode V: Revisions to Naval Vessel and Military Vehicle Controls - A Regulatory Sea (and Land) Change, September 5, 2013
• Export Control Reform Series Episode I: The Basics - Five Points to Remember about Export Control Reform, July 11, 2013
• Export Control Reform Series Episode II: The First Change - Reevaluating your ITAR Aircraft Parts, July 11, 2013
• $8 Million Penalty for Weak ITAR Compliance: How the Price of Maintenance Beats the Cost of Repair, May 7, 2013
• Gentlemen, Start Your Engines: The Race for Riches in U.S.-EU Trade Begins with a Mandate from the European Commission, April 2, 2013
• Streamlining the System: More Baby Steps Toward Reducing Export Compliance Burdens, April 2, 2013
• Pay Attention to the Man Behind the Curtain: The Mysterious Methods to CFIUS Approval, March 8, 2013
• Is China Getting Serious or Redirecting Responsibility? New guidance on Chinese Anti-Bribery Enforcement, February 14, 2013
• Foreign Investment in Burma: Resolutions for Business in a Very New Year, January 9, 2013
• Stumbling Block or Stepping Stone? Companies Face the Choice: Trip Over the SEC’s New Reporting Requirements or Use them to Launch Strong and Effective Compliance Measures, September 27, 2012
• OFAC Authorizes the Exportation of Financial Services to and New Investment in Myanmar, August 17, 2012
• ALERT - Changes Coming to Europe’s Dual-Use Export Regulations, July 11, 2012
• OFAC’s (Very) Long Arm: GAM Settlement May Illustrate the ITR’s Expanding Reach, June 7, 2012
• A Man Overboard Will Not Sink the Ship: How Robust FCPA Compliance Can Keep a Company Out of Hot Water Even When An Executive is Neck Deep, May 1, 2012
• Proposed Easing of Satellite Export Controls Could Benefit U.S. Satellite Industry, May 1, 2012
• On The List, Off The Menu: How 5 Major ITAR Shippers Disappeared, March 14, 2012
• Risk Mitigation and the Jolly Roger: The Multinational Regulatory Compliance Challenges of Fighting Pirates, February 21, 2012
• Even the Bagman: Foreign Agent Sentenced to Thirty Month Prison Term for FCPA Violations, January 17, 2012

Government Contracts, Investigations & International Trade Blog Posts

• Government Procurement: November and December 2013 and January 2014 Federal Register Update, January 21, 2014
• Aiming for a Moving Target: Bad and Good News on Changing Iran Sanctions, December 9, 2011
• Early Steps Toward a Streamlined Export Control System: Proposed Changes to the ITAR and EAR, November 16, 2011
• Mind Your Own Businesses: UK Court Decision May Signal Pushback On Extraterritorial Enforcement of US Trade Laws, October 24, 2011
• Prison Time and Export Controls: University Professor's Case Illustrates Dangers of Ignoring Export Compliance, October 24, 2011
• Syria Update: Significant New Sanctions Imposed, September 19, 2011
• California and Florida Lead Trend of New State-Level Iran Sanctions, June 16, 2011
• Federal Judge Upholds DOJ's Expansive Application Of FCPA, May 10, 2011

Media Mentions

•Factbox: What are the rules Airbus admits to breaking in U.S.?
Reuters , October 31, 2017
•EU unveils plans for scaled-down public prosecutor’s office
Global Investigations Review , March 10, 2017

Speaking Engagements

Foreign Corrupt Practices Act, In-House Counsel Forum, Seoul, November, 2016
Inside Washington: Law, Development and Diplomacy, ABA-UNDP International Legal Resource Center (ILRC), July 24, 2013
•Panelist, ITAR and EAR Compliance Review and Investigations: Conducting Internal Audits and Determining Whether to Disclose Potential Violations to Mitigate Penalties, Strafford Webinar, June 26, 2013
•Panel Chair and Moderator, Navigation without Maps: The Young Lawyer and the New Industry of International Anti-Bribery Compliance and Investigation, ABA International Fall Meeting, October, 2012
•ABA Section of International Law, Pathways to International Law:
•George Washington Law School - panelist - March 10, 2011
•Catholic University, Columbus School of Law - panelist - October 18, 2011
•University of Baltimore School of Law - panelist - November 3, 2011
•International Law Student Association-Jessup Competition Finals Conference - panelist - March 30, 2012
•ABA International Section Spring Meeting - panelist - April 17, 2012
•ABA International Legal Education Summit - panelist - October 19, 2013

Events

•Defense Exports 2015
Amsterdam, Netherlands , Fall 2015

(Also at Washington, District of Columbia Office)

Areas of Practice (18)

  • International Reach
  • Government Contracts, Investigations & International Trade
  • International Trade and Investment
  • Foreign Corrupt Practices Act (FCPA)
  • White Collar Defense and Corporate Investigations
  • Aerospace and Defense
  • Aviation
  • Blockchain Technology and Digital Currency
  • Communications
  • Construction
  • Emerging Company/Venture Capital
  • Energy, Infrastructure and Project Finance
  • Healthcare
  • Investment Management
  • Life Sciences and FDA
  • Maritime
  • Open Source
  • Wine

Education & Credentials

Contact Information:
+44 203.178.7831  Phone
+32.2.290.7901  Fax
www.sheppardmullin.com/rwhitten
University Attended:
The College of William & Mary, B.A., cum laude, 2002
Law School Attended:
Wake Forest University, J.D., Fletcher Scholar, Editorial Staff, Wake Forest Law Review, 2007
Year of First admission:
2007
Admission:
2007, Virginia; 2010, District of Columbia; U.S. District Court for the Western District of Virginia; U.S. District Court for the Eastern District of Virginia; U.S. Bankruptcy Court for the Eastern District of Virginia; United States Fourth Circuit Court. (Not admitted in Belgium)
Memberships:

Memberships

•American Bar Association: Chair of the Young Lawyers Division - International Section
•Member Barreau de Bruxelles: Liste B - The Belgian bar for international lawyers practicing in Brussels
•American Bar Association - International Law Section, Appointed Vice-Chair of the Law Student, LLM & New Lawyer Outreach Committee, August 2012 - August 2013
•American Bar Association - International Law Section, Europe Committee
•Virginia State Bar Association - International Practice Section

Languages:
French
ISLN:
920652457
Payment Information:
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