Sheppard Mullin

Sheppard Mullin’s International Trade and Investment team helps clients address their most challenging sanctions, export, import, anti-bribery, and foreign investment issues. Our attorneys have extensive experience with the following:

• Risk-based compliance strategies
• Compliance policies and procedures
• Compliance training
• Counseling on day-to-day compliance questions
• Diligence on international transactions (including M&A, debt and equity capital markets, loans and other financings, project finance, joint ventures and fund formations)
• U.S. national security review of foreign direct investment in the U.S.
• Compliance audits
• Internal investigations and reviews
• Government investigations
• Civil and criminal enforcement actions
• Compliance enhancements and corrective actions
• Negotiating civil and criminal settlements
• Representing investors and sovereign states in connection with international investment arbitrations

When business goes international, the U.S. Government gets involved. We have deep experience with regulations and investigations involving the following agencies, among others:
 

• Department of Treasury, Office of Foreign Assets Control (OFAC)
• Department of State, Directorate of Defense Trade Controls (DDTC)
• Department of Commerce, Bureau of Industry and Security (BIS)
• Department of Homeland Security (DHS) Customs & Border Protection (CBP)
• Department of Justice (DOJ)
• U.S. International Trade Commission (ITC)
• U.S. Securities & Exchange Commission (SEC)
• Department of Defense, Criminal Investigative Service (DCIS)
• Committee on Foreign Investment in the United States (CFIUS)

Sanctions
U.S. economic sanctions and embargoes change rapidly as a reflection of U.S. foreign policy and national security goals. Our attorneys are always on top of the relevant laws. We help clients understand their compliance obligations regarding trade in goods, services, and technology under U.S. sanctions. We also help clients understand the constantly shifting rules on indirect transactions, prohibited facilitation, and extraterritorial jurisdiction.

Export Controls
When exporting U.S.-origin products or technologies, it is essential to understand the classification of the export (whether controlled under the ITAR or the EAR), where it will be sent, its end use, and its end user. We help clients address all of these issues, as well as the corresponding issue of whether a license or other authorization is needed to make the export. Our attorneys also can assist with routine administrative export requirements, such as registering with the State Department and keeping proper records.

Anti-bribery
The FCPA prohibits U.S. companies and individuals, as well as all issuers of securities on U.S. exchanges, from making or offering bribes to non-U.S. government officials. Issuers also must abide by recordkeeping and internal controls provisions. We understand that these relatively simple concepts can be very difficult to apply in practice – whether in the case of gifts and hospitality, the hiring of third party agents and representatives, deciding whether to permit facilitating payments, or making a disclosure to the Fraud Section or the SEC.

Import
Import matters also present challenges to our clients, such as tariff classification, valuation, country of origin, marking, antidumping duties, or countervailing duties. We counsel clients on compliance in these areas and work with CBP on prior disclosures, subpoenas, seizures of goods, and other investigations.

Foreign Investment
We advise clients on bilateral investment treaties and free trade agreements, including treaty negotiation, treaty interpretation, and investor-state dispute settlement. We also counsel on U.S. inbound foreign investment matters, such as national security reviews by the Committee on Foreign Investment in the United States.

Anti-boycott
We have deep experience advising clients on U.S. anti-boyctott regulations, including those issued by the U.S. Office of Anti-Boycott Compliance and by the Internal Revenue Service.

"As Sheppard Mullin continues to grow, it is important that we not lose sight of the need to recruit women, attorneys of color and others of diverse backgrounds."
-Guy Halgren, Chairman of the Executive Committee

At Sheppard Mullin, we make every effort to recruit the finest lawyers and nurture their talents. The firm recognizes the importance of diversity and the need to create a workplace of inclusion. We need ¿ and our clients demand ¿ a team of attorneys that is as diverse as our increasingly global client base. Achieving and maintaining diversity is key to great client service ¿ a core value of our firm. What distinguishes good intentions from results is a commitment by senior management to find the best attorneys possible coupled with the sincere belief that people with diverse backgrounds bring valuable attributes to the firm. At Sheppard Mullin, the Executive Committee, Diversity Committee, and the lawyers in each of our offices work hard to ensure that all attorneys who join our firm fit in seamlessly and are encouraged to succeed.

Members of our Diversity Committee include ethnically diverse attorneys and a representative from the firm's Executive Committee. Diversity Committee members have served on the Boards of the Anti-Defamation League, the Black Women Lawyers Foundation (Los Angeles), and the Charles Houston Bar Association (northern California). Women and minority attorneys participate on key committees of the Firm (Executive Committee; Compensation Committee; Diversity Committee; Recruiting Committee; Professional Personnel Committee; Associate Issues Committee). Four of the Firm's nine Office Administrative Partners are women, one of whom is African-American and another is multi-racial.

"Serving on the firm's Diversity Committee is one of the most important things I do. I firmly believe that we must be vigilant in our efforts to recruit talented women attorneys and attorneys of color. Our success in this area has a positive effect our firm's culture, practice and client relationships."
-Joan Story, Member Executive Committee and Diversity Committee

Below is a description of just some of our outreach efforts.

• The firm participates in and financially supports the California Minority Counsel Program and the ABA Minority Counsel Program, as well as several minority bar associations. These groups are dedicated to increasing access for and promoting and retaining minorities in the legal profession.
• The firm actively recruits law students of color, e.g., we participated in the National Black Law Students Association (NBLSA) of the Western Region job fair held at UCLA School of Law.
• Sheppard Mullin contributes to the Minority Corporate Counsel Association; California Women Lawyers; Queen's Bench; Black Women Lawyers Association of Los Angeles; and the National Black Law Students Association, among others.
• We actively participate with other major Los Angeles law firms in the Diversity Directors Roundtable, a group that is committed to promoting diversity in the legal profession and in our firms.
• The firm received the Law Firm Award from the Black Women Lawyers Association of Los Angeles Foundation for its strong commitment to the promotion of community and pro bono activities.
• Multicultural Law magazine named Sheppard, Mullin, Richter & Hampton LLP as one of "The 2011 Top 100 Law Firms for Diversity."
• Sheppard Mullin helped underwrite the production of a motion picture project entitled "Soul of Justice: The Life and Times of Thelton Henderson." The film chronicles the life of respected African-American jurist Thelton Henderson, a crusading civil rights litigator and role model.
• The firm signed the Bar Association of San Francisco's "No Glass Ceiling Initiative," BASF's "Minority Goals and Timetables," the New York County Lawyers' Association Diversity Statement, and the Los Angeles County Bar Association's Diversity Statement.

Much of our pro bono work relates to the diversity of the communities in which we practice; sample clients include:

• Constitutional Rights Foundation
• Domestic Violence Project, Los Angeles Bar Association
• Lawyers Committee for Civil Rights
• Task Force for the Women's Resource Fair, City of San Diego
• Tolerance Through Education Program, Beverly Hills Barristers Associations
• Violence Against Women Act Program, Legal Aid Foundation of Los Angeles

Awareness of diversity enables us to understand the value of differences. At Sheppard Mullin, we are committed to hiring top tier attorneys, without regard to race, ethnicity, gender or sexual orientation.