Attorney Profile:

J. Scott Maberry

J. Scott Maberry: Attorney with Sheppard, Mullin, Richter & Hampton LLP

Biography

Scott Maberry is an International Trade partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.

Areas of Practice

Mr. Maberry counsels clients and litigates disputes in the areas of export controls, the Foreign Corrupt Practices Act (FCPA), anti-terrorism, economic sanctions, anti-boycott controls, anti-money laundering (AML), the Foreign Agents Registration Act (FARA), trade remedies including antidumping and countervailing duty (AD/CVD) matters, and Customs. He also represents clients in negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA), and other multilateral and bilateral agreements.

His practice includes representing clients before the U.S. Department of Treasury Office of Foreign Assets Control (OFAC), Department of Commerce Bureau of Industry & Security (BIS), Department of Commerce Import Administration; Department of Homeland Security (DHS), Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the United States (CFIUS), federal courts and grand jury proceedings, and WTO and NAFTA dispute resolution panels.

Honors

Chambers Global 2008-2012, 2015, 2016, 2017
•Washington, D.C. Super Lawyer 2007-2016
Chambers USA 2007-2016

Publications & News

Articles

•Close, but no cigar? Trump, Cuba and the way forward...
WorldECR, March 6, 2017
•Revival of Age of Antidumping and Countervailing Duty Cases
Lorman, November 2016
•Those Three Little Words: OFAC's Subtle Language Shift Could Create Sweeping Change on Iran Investment
National Law Review, October 11, 2016
• U.S. Export Controls and the Cloud, in Cloud Computing Legal Deskbook, 2016 Edition (forthcoming), Thomson Reuters Westlaw, 2016 (with Curtis M. Dombek, Reid S. Whitten, Fatema K. Merchant, and Lisa C. Mays)
• Export Administration Regulations, in Handbook of Export Controls and Economic Sanctions, American Bar Association Section on International Law 2016 (forthcoming) (with Mark E. Sagrans, Reid S. Whitten, Fatema K. Merchant, and Lisa C. Mays)
• Layover in Tehran: United States Authorizes Carriers to Land Civil Aircraft in Iran, Lexology, August 17, 2016 (with Reid S. Whitten)
• The Revival of the Age of Antidumping and Countervailing Duty Cases, Lexology, August 17, 2016 (With Lisa C. Mays)
• US and EU Iran Sanctions Lifted: How to Proceed in the Aviation Sector? January 20, 2016 (With Paul Briggs, Brian Mulier, and Reid S. Whitten)
• When Voluntary Self-Disclosure Isn't so Voluntary: SEC Says Self-Disclose or Forfeit Non-Prosecution and Deferred Prosecution, Lexology, January 6, 2016 (With MaryJeanette Dee, Lisa C. Mays)
• The Schrems Decision: How the End of Safe Harbor Affects Your FCPA Compliance Plan, Lexology, November 12, 2015
• Iran Nuclear Deal Clears Senate Obstacle, But Will “Snap-Back” Bite? Lexology, September 17, 2015
• Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process, Chinese Outbound Newsletter - September 17, 2014
• Ways to Avoid The Pitfalls Of Expanding Abroad, Law360, December 6, 2013 (with Mark L. Jensen)
• A Rising Voice on FCPA Compliance - the Court, Law360, June 24, 2013 (with Mark L. Jensen)
• FCPA, Due Process, and Jurisdictional Overreach by the DOJ and SEC, American Bar Association Criminal Litigation E-Newsletter, June 12, 2013 (with Bruce J. Casino)
• FCPA Overreach? Courts Address Personal Jurisdiction In Cases Against Foreign Defendants, The Metropolitan Corporate Counsel, May 2013
• Q&A With Sheppard Mullin's Scott Maberry , Law360, April 1, 2013
• What's in the New FCPA Guide , American Bar Association Criminal Litigation E-Newsletter, March 13, 2013 (with Bruce J. Casino)
• Profit Counting: The Pfizer FCPA Settlement, Law360, August 27, 2012 (with Mark. L. Jensen)
• Paying Attention During ICE 'Outreach' Visits, Law360, April 17, 2012
• Doing Business in the U.A.E., American Business Council of Dubai, Summer 2010 (with Thaddeus R. McBride, Mark Bisch, Stan Rice)
• U.K. Bank Pays $350 Million for U.S. Sanctions Violation, In-House Lawyer, May 1, 2009 (with Thaddeus R. McBride)
• Foreign Corrupt Practices Act Growing Teeth, Champion (the magazine of the National Association of Criminal Defense Lawyers), August 2006 (with Kathryn Keneally and Kenneth M. Breen)
• International Trade Controls: Year in Review, International Lawyer, Vol. 40, No. 2, Summer 2006 (with J. Daniel Chapman, Eric F. Hinton and Thaddeus R. McBride)
• U.S. Trade Controls on Libya: Recent Developments, Middle Eastern Business Strategies, February 2005
• Battleground for Business? Engaging in Iraq Reconstruction, European Lawyer, May 2003
• Foreign Investment Reviews: Trust But Verify, Legal Week Global, December 2002 (with Larry G. Franceski)
• Export Control Compliance in a Dynamic Regulatory Environment, Corporate Counselor's Deskbook, M. Epstein, ed., 5th Ed., 2002 (with Bruce H. Turnbull and Kristin G. King)
• Import Regulation: Customs Compliance and Trade Remedies, Corporate Counselor's Deskbook, M. Epstein, ed., 5th Ed., 2002 (with Stuart M. Rosen and John M. Ryan)
• Accession to the World Trade Organization, 1 ABA Central & East European Law Initiative International Trade Regulation Concept Paper, 1995 (with Charles E. Roh, Jr. et al)

Global Trade Law Blog Posts

• Predicting the Unpredictable: Will President Trump Tear Up the Iran Nuclear Deal?, March 15, 2017
• Predicting the Unpredictable: Will Tariffs Under President Trump Cause a Trade War With China?, March 15, 2017
• Negotiation By Tweet: The Uncertain Future of U.S.-Cuba Relations, December 7, 2016
• The Future of the U.S.-Canada Trade Relationship in Light of the Election, November 22, 2016
• Those Three Little Words: OFAC's Subtle Language Shift Could Create Sweeping Change on Iran Investment, October 10, 2016
• The Revival of the Age of Antidumping and Countervailing Duty Cases, August 17, 2016
• Layover in Tehran: United States Authorizes Carriers to Land Civil Aircraft in Iran, August 17, 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
• US and EU Iran Sanctions Lifted: How to Proceed in the Aviation Sector? January 20, 2016
• When Voluntary Self-Disclosure Isn't so Voluntary: SEC Says Self-Disclose or Forfeit Non-Prosecution and Deferred Prosecution, January 6, 2016
• Selling Aircraft to Iran: Are Clear Skies or Turbulence Ahead for Exporters, January 6, 2016
• The Schrems Decision: How the End of Safe Harbor Affects Your FCPA Compliance Plan, November 12, 2015
• Iran Nuclear Deal Clears Senate Obstacle, But Will “Snap-Back” Bite? September 17, 2015
• Implementation Day: Do the Rules Let You Play in the New Ballgame for Business in Iran? July 16, 2015
• A Break From the Past: Historic Deal with Iran Marks A New Day in U.S.-Iran Relations, July 14, 2015
• America Turns A Page: Cuba Removed From U.S. List of State Sponsors of Terrorism, May 29, 2015
• A Carriage of Justice: Obama to Remove Cuba from Terrorist Sponsor List, April 15, 2015
• UPDATE: Iran Nuclear Deal, April 3, 2015
• 10 Things You Didn't Know You Could Import From Cuba, April 1, 2015
• Havana Hold Your Hand: Reaching Out to Cuban Entrepreneurs, January 16, 2015
• The First Law of International Dynamics: Sanctions May Be Transformed But Never Created or Destroyed, 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
• New U.S. Restrictions on Russia: OFAC Guidance and Industry-Specific Sanctions, September 18, 2014
• Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process, July 18, 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
• Russian Against Time: New Sanctions and Lowered Expectations as Ukraine Crisis Continues, May 1, 2014
• The Gloves are Off: U.S. Sanctions Block Aggressors in Crimea, March 10, 2014
• Dodd-Frank Whistleblower Protection: For America Only, November 13, 2013
• Politics and Consequences: An Update on U.S. Sanctions Against Iran, October 9, 2013
• ECR Series Episode VI: The One With Ewoks (And New Rules On Satellites), October 9, 2013
• Export Control Reform Series Episode IV: The New Definition of 'Specially Designed,' August 5, 2013
• A Rising Voice on FCPA Compliance: The Court, June 6, 2013
• OFAC Continues to Expand the Scope of Iranian Sanctions, June 6, 2013
• OFAC Gets Hot, Bothered on Iran and Cuba: How Economic Sanctions Work Today, May 7, 2013
• New “Beast” Rules Lessen the Export Control Burden, May 7, 2013
• Streamlining the System: More Baby Steps Toward Reducing Export Compliance Burdens, April 2, 2013
• New Law Expands Scope of Iran Sanctions In New Ways, February 14, 2013
• New Law To Assess Iranian Activities in the Americas, February 14, 2013
• What's In the New FCPA Resource Guide: Some Welcome Clarity and Unexpected Muddling, December 6, 2012
• Iranian Transactions and Sanctions Regulations Impose New Restrictions on U.S. Business in Iran, November 20, 2012
• Sanctions on Foreign Subsidiaries Implemented Under Iran Threat Reduction Act, October 19, 2012
• Loosening Up: New Developments in Sanctions Against Myanmar, May 1, 2012
• Export Control Settlements Highlight the Need to Pay Attention During “Outreach” Visits, April 5, 2012
• On The List, Off The Menu: How 5 Major ITAR Shippers Disappeared, March 14, 2012

Government Contracts, Investigations & International Trade Blog Posts

• OFAC Issues Cuban Asset Control Regulations Focused on the U.S. Financial Sector, January 22, 2015
• Aiming for a Moving Target: Bad and Good News on Changing Iran Sanctions, December 9, 2011
• Trading Up: Newly Implemented North Korea and Libya Sanctions, July 15, 2011

Media Mentions

•US Tees Up Final Duties On S. Korean Steel Component
Law360, March 20, 2017

Speaking Engagements

• International Collaborations, Association of University Export Control Officers (AUECO) Annual Meeting (with Patrick Schlesinger), Philadelphia, May 23, 2016
• U.S. and Indian Bilateral Investment Treaties: How the Models Compare, U.S.-India Business Council Webinar (with Jyoti Sagar) February 17, 2016
• Emerging Trends in International Trade Compliance, National Association of College and University Attorneys (NACUA) Annual Meeting, Washington, DC, November 12, 2015
• Exploring US-Cuba Export Regulations, U.S.-Cuba Corporate Counsel Summit, New York, March 24, 2015
• Export Control Reform Level Set: Where Are We Now and Where Are We Headed?, Momentum Event Group webinar, July 8, 2014
• Deferred Prosecution Agreements: Outlook for the Prosecution of Complex Cases, Bird & Bird's Aerospace, Defence and Security seminar, London, England, February 12, 2014
• Preparing Your Operations for Mergers & Acquisitions - Identifying Red Flags and Effective Due Diligence Practices to Ensure a Successful Transaction, The ITAR Summit: Winter Edition, Momentum Event Group, Irving, TX, January 27-28, 2014
• 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
•Moderator, What Keeps You Up at Night? Addressing the Top 5 Export Compliance Challenges Facing the Defense Industry in an Evolving Regulatory Environment, The ITAR Summit, Momentum Event Group, Washington, DC, June 24-25, 2013
• Export Controls and Overseas Campuses, The Impact of Export Controls on Higher Education Scientific Institutions Conference, The University of Pennsylvania, Philadelphia, PA, March 26, 2013
•Moderator, Understanding Export Control, 2013 Electrical and Computer Engineering Department Heads Association Annual Conference and ECExpo, Orlando, FL, March 25, 2013
• Minimizing Third Party Risks: Effective Due Diligence and Compliance Controls for Managing Agents, Resellers and Distributors, ACI Global Export Controls Forum, Washington, DC, May 24, 2012
• Defining and Preventing Prohibited Facilitation, ACI OFAC Boot Camp, New York, NY, December 1, 2011
• Export Controls and What You Need To Know Today in International Business, Palo Alto, CA, April 21, 2011
• Litigation Trends 2009: U.S. Government Investigation of Bribery and Exports, Washington Metropolitan Association of Corporate Counsel, November 20, 2008
• The Long Arm of U.S. Law: The Confluence of Sanctions and Anti-Bribery Investigations, Directors Roundtable, Los Angeles, CA, November 11, 2008; Dallas, TX, September 26, 2008
• U.S. Economic Sanctions: Current Developments, ABA National Institute on Economic Sanctions, Washington, DC, November 24, 2005
• Prosecuting Arms Brokering Cases: The Lessons of Yakou,” American Conference Institute, Washington, DC, October 18, 2005
• Managing Sanctions Risk in the Global Enterprise, IQPC, Houston, TX, March 1, 2005

Events

•Anti-Corruption, Export Controls & Sanctions
10th ACES Compliance Summit - Washington, DC
April 18, 2017

Areas of Practice (13)

  • Government Contracts, Investigations & International Trade
  • Committee on Foreign Investment in the United States (CFIUS)
  • Exports and Export-Related Controls
  • Foreign Corrupt Practices Act (FCPA)
  • International Reach
  • International Trade and Investment
  • Japan
  • South Asia
  • Litigation
  • International Investment Arbitration
  • Securities Enforcement
  • White Collar Defense and Corporate Investigations
  • Panama Papers

Education & Credentials

Contact Information:
202.747.1909  Phone
202.747.3813  Fax
www.sheppardmullin.com
Mailing Address:
2099 Pennsylvania Avenue, N.W., Suite 100, Washington, District of Columbia 20006-6801
University Attended:
Northwestern University, B.S., 1988; Georgetown University, M.S., 1993
Law School Attended:
Georgetown University Law Center, J.D., 1993
Admission:
1994, New York; 1996, District of Columbia; U.S. Court of Appeals for the Federal Circuit; U.S. Court of International Trade
Memberships:

Memberships

•American Bar Association - National Institute on Economic Sanctions, Co-Chair
•American Bar Association - Export Controls & Economic Sanctions Committee, Senior Advisor and Chair Emeritus
•American Bar Association - International Trade Steering Committee

Languages:
Spanish
ISLN:
900408838

Peer Reviews

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