Jeff advises clients on aerospace and defense and other mergers and acquisitions with a focus on antitrust, government contracts and related issues. With hands-on industrial sector experience, he handles challenging transactions from an antitrust standpoint involving consolidations of firms and divestitures in concentrated markets. He has represented a series of major firms in mergers involving cutting edge antitrust issues (horizontal, vertical, and conflict of interest) both at the Justice Department and the FTC, including a number of second requests and “quick looks” under Hart-Scott-Rodino, and has worked closely with economists and other specialists in developing and advocating fact-based positions acceptable to the regulatory agencies. He has also handled the competition filing requirements in a number of foreign jurisdictions.
In the antitrust arena, Jeff also has counseled, advised and assisted clients in a number of industries, including energy, automotive and industrial as well as information technology and government services. He also has handled responses to various types of governmental information requests and has participated in antitrust litigation on both horizontal and vertical issues.
He advises foreign corporations in acquisitions of U.S. defense firms and firms in other sensitive business sectors (such as energy, electronic voting, information technology and space). He assists clients through the myriad of governance, security and regulatory issues that arise in such deals and the management of such acquired firms after closing.
He counsels clients with respect to Exon-Florio national security investigations of foreign acquisitions, and has handled many filings for clients. He structured some of the most novel mitigation and safeguard arrangements in place to address national security issues under Exon-Florio and to mitigate “foreign ownership control and influence” under the National Industrial Security Program, including Special Security Agreements, Security Control Agreements, proxies, and other unique arrangements shaped to address particular transactions.
Jeff guides clients through major internal investigations, voluntary disclosures, and compliance programs with respect to export controls, government contracts and the Foreign Corrupt Practices Act.
Jeff regularly advises clients on government contract matters and represents clients in bid protests (before the U.S. Court of Claims and GAO)-structuring responses to requests for procurement and addressing cutting edge organizational conflict of interest issues.
Jeff works extensively on international strategy and collaborative arrangements, including joint ventures, teaming arrangements and organizational structure.
Jeff’s career includes work with the U.S. government in several capacities. From 1999 to 2000, he served as the Deputy Under Secretary of Defense for Industrial Affairs and was awarded the Department of Defense Distinguished Public Service Medal for his service. He led the review of defense mergers and acquisitions from an antitrust as well as a national defense perspective, advised the Secretary of Defense on policies and programs concerning the defense industrial base, managed initiatives/negotiations with U.S. allies on trans-Atlantic defense industrial cooperation, and was integrally involved in major reforms of U.S. defense export controls. From 1997 to 1999, Jeff was special advisor to Under Secretary of State for Economic, Business and Agricultural affairs, where he addressed international economic policy matters, including economic sanctions, anti-corruption and rule of law issues and trade issues. From 1996 to 1997, Jeff was the Principal Deputy Assistant Secretary of Commerce for Import Administration. He administered the antidumping and countervailing duties and handled major trade disputes, negotiations and related litigation.
Jeff served as a member of Defense Science Board task forces (on the defense industry and space), and was appointed by Governors Mark Warner and Tim Kaine to the Virginia Secure Commonwealth Panel, which oversees that state’s homeland security policy planning.
Honorable Daniel M. Friedman, U.S. Court of Appeals - Federal Circuit.
“Over the past 10 years, the United States has come full circle regarding its military budgets and needs. Now the wars are winding down. Iraq is finished; Afghanistan is slowing down. Our operational level abroad is abating. The challenges are still high, but we’re back to an era of austerity, driven by the economy and a need to reprioritize.”
Counseled Israeli firm in its acquisitions of two U.S. defense and technology firms.
Represented major defense firm in multiple acquisitions.
Served as antitrust counsel to GenCorp in cutting-edge acquisition of Pratt & Whitney Rocketdyne.
Assisted Warburg Pincus in the sale of its portfolio company Extant Components Group Holdings, Inc., a defense and aerospace company, for $525 million.
“Drawing on our fabled heritage, we should exert leadership in the 21st century by setting a positive agenda that others can embrace and by acting in true cooperation with global partners rather than by fiat. We must also remember that we are an optimistic people who try to solve problems and do not readily declare defeat-even on challenging issues where the odds are against us.”
Legal Alert: Russian telecom giant to pay record-breaking penalty for FCPA violations (March 12, 2019)
On March 6, 2019, Mobile TeleSystems PJSC (MTS) consented to pay an $850 million sanction-the largest Foreign Corrupt Practices Act (FCPA) criminal penalty ever paid to the United States-and to a ...
Legal Alert: US Department of Justice relaxes Yates Memorandum’s requirements for earning cooperation credit (December 3, 2018)
On November 29, 2018, the US Department of Justice (DOJ) modified prior guidance on individual liability for corporate misconduct by affording federal prosecutors discretion to focus on “individuals ...
Legal Alert: Ex-banker forfeits $43.7 million and pleads guilty to conspiracy to violate the FCPA and launder money (November 5, 2018)
A former banker has agreed to forfeit $43.7 million and has pled guilty to Foreign Corrupt Practices Act (FCPA) violations and money laundering in one of the largest individual FCPA enforcement cases ...
Legal Alert: The Department of Justice (DOJ) issues new guidance on choice of compliance monitors for FCPA and other criminal division cases (October 16, 2018)
On October 12, 2018, Brian Benczkowski, Assistant Attorney General for the Criminal Division of the United States Department of Justice (DOJ), announced1 the “Selection of Monitors in Criminal ...
Legal Alert: CFIUS mandates filings for range of foreign investments in critical technology companies (October 15, 2018)
Earlier than expected, the Committee on Foreign Investment in the United States (CFIUS) has announced new interim rules-effective November 10, 2018, pursuant to the recently enacted Foreign ...
Legal Alert: The Foreign Investment Risk Review Modernization Act of 2018-stepping up national security reviews of foreign acquisitions (August 13, 2018)
Within the omnibus John S. McCain National Defense Authorization Act for Fiscal Year 2019 (2019 NDAA) that the President signed into law on August 13, 2018, is the Foreign Investment Risk Review ...
Legal Alert: The Trump Administration’s International Trade and Economic Policy: Available Options and Possible Implications for Industry (December 2, 2016)
During the recent campaign and the transition, President-elect Donald Trump generally has advocated a more aggressive U.S. international trade and economic policy as part of his plan to generate ...
Legal Alert: Unusual Antitrust Agencies’ Guidance on Defense Mergers (April 12, 2016)
The Department of Justice (Justice) and the Federal Trade Commission (FTC) today issued an unusual joint statement that highlighted their continued commitment to preserve defense industry competition ...
Legal Alert: New Defense Department Guidance on Mergers and Acquisitions (October 8, 2015)
On September 30, the U.S. Department of Defense (DoD or the Department) issued new guidance that reaffirmed its earlier view that it would not look favorably on mergers of “top tier defense firms.” ...
Legal Alert: Congress Authorizes New Ukraine-Related Sanctions Against Russia (December 23, 2014)
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 ...
How FIRRMA Will Change National Security Reviews: Part 2 (August 17, 2018)
In part two of their article for Law360, Eversheds Sutherland Partners Jeffrey Bialos and Mark Herlach review other aspects of the Foreign Investment Risk Review Modernization Act (FIRRMA), including ...
How FIRRMA Will Change National Security Reviews: Part 1 (August 16, 2018)
In part one of their article for Law360, Eversheds Sutherland Partners Jeffrey Bialos and Mark Herlach discuss how the Foreign Investment Risk Review Modernization Act (FIRRMA) is an important ...
Considerations Before Self-Reporting Under New FCPA Policy (December 8, 2017)
On November 29, 2017, the US Department of Justice kicked off the holiday season with a Christmas offering of sorts to companies subject to the US Foreign Corrupt Practices Act with its announcement ...
President’s Trade Policy Rests on a Known National Security Provision (May 5, 2017)
In his article for The Hill, Eversheds Sutherland (US) Partner Jeffrey Bialos provides insight to section 232 of the Trade Expansion Act, which focuses on the effect of imports on national security.
Strategic Actions to Keep the Asian Rebalance and U.S.-Japan Security Cooperation on Track (May 24, 2016)
Beyond the deep symbolism of President Barack Obama’s visit to Hiroshima later this week, his trip to Vietnam and Japan reflects the sustained U.S. commitment to the rebalance toward the Asia - in ...
Planning Defense M&A After Recent Government Guidance: Part 2 (May 3, 2016)
A series of unusual statements issued by the U.S. government in recent months has provided guidance on, and raised questions about, consolidation in the defense industry. In light of a statement by ...
Planning Defense M&A After Recent Government Guidance: Part 1 (May 2, 2016)
A series of unusual statements issued by the U.S. government in recent months on consolidation in the defense industry has senior executives talking-what can they expect as they plan future business ...
Some Thoughts on DOD’s New Merger Guidance (October 16, 2015)
On September 30, the U.S. Department of Defense issued new guidance that reaffirmed its earlier view that it would not look favorably on mergers of “top tier defense firms.” The department declared ...
The Impact of FINSA on Foreign Acquisitions in the U.S. (February 2008)
The NATO Response Force: Facilitating Coalition Warfare Through Information Sharing and Technology Transfer (2005)
National Defense University
Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Spring 2018)
With emerging technology, evolving international relationships and an increased focus on corporate responsibility, companies are faced with new challenges and opportunities, a fresh perspective on ...
Getting the Deal Through: Public Procurement (June 2017)
Law Business Research Ltd
In Getting the Deal Through: Public Procurement, which provides local insight into public procurement procedures in multiple jurisdictions, Eversheds Sutherland (US) attorneys Jeffrey Bialos, Paul ...
Against the Odds - Driving Defense Innovation in a Change-Resistant Ecosystem (May 19, 2017)
Eversheds Sutherland (US) Partner Jeff Bialos published the special report Against the Odds - Driving Defense Innovation in a Change-Resistant Ecosystem.
“The two central dynamics of the evolving defense marketplace-the drive for innovation to meet new twenty-first century military requirements and the drive for affordability in an era of increasingly constrained budgets and rising weapons costs-converge to create powerful incentives for governments to allow more open and competitive markets. Cross-border market access can be a useful tool for governments to facilitate competition, and the affordability and innovation that competition can bring.”
Against the Odds - Driving Defense Innovation in a Change-Resistant Ecosystem (May 19, 2017)
Center for Strategic and International Studies
Eversheds Sutherland (US) Partner Jeff Bialos presents “Against the Odds - Driving Defense Innovation in a Change-Resistant Ecosystem,” hosted by the Center for Strategic and International Studies on ...
You Can’t Fire Me, I Quit! Internal Investigations: The Impact of the Yates Memo, the FCPA Unit Pilot Program and Recent Legal Decisions (August 2, 2016)
Following recent regulatory announcements and legal decisions, internal investigations are becoming increasingly more complicated to navigate. Sutherland hosts a moderated roundtable where ...
Federal Allies Institute Summit (October 7, 2015)
Sutherland is proud to be hosting the Federal Allies Institute’s Summit on “Federal and Military IT” on October 7, 2015. Partner Jeff Bialos will be discussing “Trends and Issues Facing IT ...
Defense and Aerospace Contracting Opportunities for Small Business Seminar (March 18, 2015)
Sutherland is a proud sponsor and host of the Federal Allies Institute’s Defense and Aerospace Contracting Opportunities for Small Business Seminar to be held March 18 in Washington, ...
The Foreign Corrupt Practices Act and International Anti-Corruption: Recent Developments and How Firms Can Effectively Identify and Manage Anti-Corruption Risks (December 2, 2014)
Please join Sutherland Partner Jeffrey P. Bialos for an upcoming webcast, Recent Developments and How Firms Can Effectively Identify and Manage Anti-Corruption Risks. This live webcast will take ...
U.S.-Japan Technology Forum - Update on Export Control Reform (May 15, 2012)
Center for U.S.-Japan Studies & Cooperation
Sutherland Partner Jeffrey P. Bialos is speaking at the US-Japan Technology Forum, May 15, 2012 at Vanderbilt University. His presentation, titled Update on Export Control Reform, is part of a ...
The Commission on the Future of the U.S. Aerospace Industry: A Look Back and a Look Forward (April 25, 2012)
The George C. Marshall Institute and the TechAmerica Space Enterprise Council
Sutherland Corporate Practice Group Partner Jeffrey P. Bialos is speaking at The George C. Marshall Institute and the TechAmerica Space Enterprise Council, April 25, 2012 in Washington, D.C. The ...
8th Annual Defense & Aerospace Investor & Corporate Development Conference (March 19-20, 2008)
Sutherland Partner Jeffrey P. Bialos is Chair of the 8th Annual Defense & Aerospace Investor & Corporate Development Conference, March 19-20, 2008, at the Hyatt Regency Reston in Reston, Virginia. ...
6th Annual Defense & Aerospace Investor & Corporate Development (September 18, 2006)
Sutherland Partners Jeffrey P. Bialos and James R. McGibbon and Sutherland Counsel James J. Briody will speak at the 8th Annual Defense & Aerospace Investor & Corporate Development ...
Defense Mergers & Acquisitions: A View of Competition and Consolidation in Defense Markets (May 10, 2006)
4th Annual Aerospace & Defense Industry Suppliers Conference
Sutherland Partner Jeffrey P. Bialos will speak on Defense Mergers & Acquisitions: A View of Competition and Consolidation in Defense Markets at the 4th Annual Aerospace & Defense Industry ...
In the News
New Car Tariffs Could Miss Their Intended Target (January 28, 2019)
Eversheds Sutherland Partner Jeffrey Bialos is quoted in this Roll Call article discussing the possibility of the current administration implementing new car tariffs. Jeff said, imposing tariffs on ...
Boeing’s Biggest Trade Fight Could Spark a US Confrontation with Europe (February 10, 2018)
The Seattle Times
Eversheds Sutherland Partner Jeffrey Bialos is quoted in this Seattle Times article discussing the ongoing trade dispute between the US trade court and Airbus over government subsidies.
Does Foreign Steel Threaten U.S. National Security? (May 25, 2017)
Eversheds Sutherland (US) Partner Jeff Bialos is quoted in this Bloomberg article providing insight on the Section 232 investigation that allows the administration to investigate whether certain ...
DOD Needs More Purchasing Flexibility, Innovation (May 19, 2017)
Eversheds Sutherland (US) Partner Jeff Bialos is featured in this Law360 article regarding the recent launch of his report on the Department of Defense’s acquisition of new technology titled “Defense ...
An Interview with Jeffrey Bialos of Eversheds Sutherland (US) (May 5, 2017)
Defense & Aerospace Report
In an interview with the Defense & Aerospace Report, Eversheds Sutherland (US) Partner Jeffrey Bialos provides insight on Buy American, defense-industrial strategy and the Department of Defense’s ...
US Partner Jeffrey Bialos Comments on Trade Law (April 21, 2017)
Eversheds Sutherland (US) Partner Jeffrey Bialos is quoted in this Law360 article regarding administration’s investigation of foreign-made steel and its impact on the US. Jeff said, “The examination ...
President Launches Trade Probe Targeting Foreign Steel (April 20, 2017)
Eversheds Sutherland (US) Partner Jeffrey Bialos is quoted in this Reuters article regarding the administration’s investigation of foreign-made steel and its impact on the US. Jeff said, “There is no ...
Administration Orders Investigation of Steel Dumping (April 20, 2017)
The Washington Times
In this article by The Washington Times, Eversheds Sutherland (US) Partner Jeffrey Bialos discusses the administration’s recent investigation on foreign-made steel and its impact on the US. The ...
Administration’s ‘Buy America’ Order Could Drive Costs in Defense Supply Chain (April 18, 2017)
Eversheds Sutherland (US) Partner Jeffrey Bialos is quoted in this DefenseNews article discussing supply chain waves regarding the new presidential executive order for the federal government to ...
Carter Gambles with DIUx Direct Report (May 16, 2016)
Sutherland Partner Jeff Bialos is quoted in this Defense News article regarding Secretary of Defense Ash Carter’s recent decision to replace leadership at the Defense Innovation Unit Experimental ...
Eversheds Sutherland Advised SIRTEX on Acquisition Clearance (March 14, 2019)
Eversheds Sutherland is pleased to announce that it recently assisted Sirtex Medical Ltd. (Sirtex) in connection with the recent decision by the US Committee on Foreign Investment in the United ...
Sutherland Represents Energy Power Partners on Acquisition of Talen Energy Renewable Unit (November 5, 2015)
HOUSTON-Sutherland Asbill & Brennan LLP is pleased to announce that the firm counseled California-based Energy Power Partners in closing a purchase of the renewable energy unit of Talen Energy Corp., ...
Member, New York Council on Foreign Relations
Adjunct fellow on Transatlantic Security and Industry, Center for Transatlantic Relations, Johns Hopkins University School of Advanced International Studies
Member, Board of Directors, Micronet Enertec Technologies Inc. (NASDAQ:MICT).
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