Mark D. Herlach

Mark D. Herlach: Attorney with Eversheds Sutherland (US) LLP AV stamp icon
Attorney Awards

Biography

Mark Herlach is an international lawyer with a practice focused on energy, international trade and defense matters. With deep experience in Asia, Europe, and North and South America, Mark represents a broad range of clients, including corporations, advanced-technology companies and governments. He has guided clients in a broad range of complex matters, including international mergers and acquisitions and import relief, export control and Foreign Corrupt Practices Act investigations. Mark routinely advises on cross-border transactions, cybersecurity, defense, foreign investment, government policy, industrial security (FOCI), international trade and sanctions matters.

A member of Eversheds Sutherland (US) Energy group, Mark leads the international trade practice and the Nuclear Energy team. Mark also served as the founding chair of the firm’s Cybersecurity and Privacy team. He has played a leading role in resolving some of the most significant and challenging international trade disputes, involving vital products such as automobiles, semiconductors, steel and uranium. Before joining Eversheds Sutherland (US), Mark was a partner at a major international law firm based in New York and led that firm’s international trade practice in Washington.

Mark frequently speaks on energy, international trade and cybersecurity issues from a national and global perspective. He represents clients before the Committee on Foreign Investment in the United States (CFIUS), the US International Trade Commission, and federal agencies and courts throughout the country.

Client Tools

•Cybersecurity and Privacy Insights Blog

Awards and Rankings

Named to The Best Lawyers in America in the area of international trade and finance law (2016-2019)

Selected Experience

Represented multinational company in internal investigation of its activities under U.S. export control and sanctions laws.
Lead counsel for British Nuclear Fuels plc in the $5.4 billion auction sale of its U.S. subsidiary, Westinghouse Electric Company, to Toshiba Corporation.
Lead counsel for British Nuclear Fuels plc in the acquisition of ABB’s global nuclear energy businesses for $485 million.

Publications

“The energy landscape changes constantly -we help clients take advantage of the opportunities that come with that change.”

Legal Alerts

Legal Alert: The floodgates open - Illinois Supreme Court issues landmark ruling in biometrics case (January 28, 2019)
In a unanimous decision handed down on January 25, 2019, the Illinois Supreme Court reversed a lower court opinion and held that a plaintiff need not show actual harm to seek relief under the ...

Legal Alert: OFAC intends to terminate sanctions on Russian aluminum giant RUSAL (December 21, 2018)
On December 19, 2018, the US Department of the Treasury notified Congress of its intention to terminate sanctions imposed on En+ Group plc (En+), as well as its subsidiaries, United Company RUSAL ...

Legal Alert: US reimposes sanctions against Iran’s energy sector despite European opposition (November 13, 2018)
As of November 5, 2018, US secondary sanctions against Iran are back in force, and more than 700 Iranian individuals and entities have been re-added or newly added to the US Specially Designated ...

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: US Imposes New Tariffs on Steel and Aluminum for EU, Canada and Mexico (June 1, 2018)
On June 1, 2018, the US imposed tariffs on imports of steel and aluminum from the EU, Canada and Mexico. The tariffs are 25% on steel and 10% on aluminum. The move comes after months of temporary exemptions ...

Legal Alert: China faces potential new trade restrictions (March 22, 2018)
Today President Trump signed a memorandum directing Administration officials to proceed with the imposition of trade restrictions on China and Chinese products in retaliation for China’s unfair ...

Legal Alert: US announces tariffs on steel and aluminum (March 19, 2018)
On March 8, 2018, President Trump signed Presidential Proclamations adjusting imports of steel and aluminum into the US. This action marks the imposition of heavy tariffs on imports of steel and ...

Legal Alert: President’s decision on imported solar cells and modules takes effect (February 15, 2018)
On January 23, 2018, the White House released its long-awaited decision on safeguard measures to limit imports of solar cells and modules.1 The President’s decision follows the US International Trade ...

Legal Alert: Significant WiFi vulnerability exposed (October 16, 2017)
What is the problem? Belgian researchers have published information about a vulnerability in the most popular WiFi encryption protocol that makes monitoring of all communications possible, except ...

Articles

How FIRRMA Will Change National Security Reviews: Part 2 (August 17, 2018)
Law360
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)
Law360
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 ...

Rule 41 - A Hacking by Any Other Name... (Spring 2017)
Partnering Perspectives
In their article for the Spring 2017 edition of Partnering Perspectives, Eversheds Sutherland (US) attorneys Mark Herlach, Robert Owen, Phillip Stano, Mary Jane Wilson-Bilik, Trevor Satnick and John ...

The U.S. and Other Nations Reach Historic Nuclear Deal with Iran (September 2015)
TerraLex Connections
On July 14, the P5+1 (China, France, Russia, the United Kingdom, the United States and Germany) reached a historic nuclear agreement with Iran, following almost two years of negotiations. Under the ...

Five Practical Considerations Regarding the Cybersecurity Sanctions Executive Order (Summer 2015)
Partnering Perspectives
In their article for the Summer 2015 edition of Partnering Perspectives, Mark Herlach and Blair Paige Scott outline five practical considerations regarding Executive Order 13694, which created a new ...

Cybersecurity Sanctions: Five Questions to Consider (April 27, 2015)
Law360
There is no shortage of opinions on Executive Order 13694 issued by the president on April 1, 2015, which created a new sanctions regime designed to combat cyberattack threats. While some ...

Constructing Power: The Near Term Outlook for Construction of Power Generation Projects in the 21st Century (Summer 2011)
Posted with permission Journal of the American College of Construction Lawyers, Volume 5, Number 2

New Efforts to Combat International Bribery: Big Penalties and Individual Targets (Summer 2011)
Partnering Perspectives

New Strategies and New Players: Creating a Nuclear Revival for the Long Term (September 6, 2006)
Reprinted with permission from World Nuclear Association

Nukes Ride Again (Winter 2006)
Reprinted with permission Energy

Newsletters

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Spring 2017)
We are pleased to present the Spring 2017 edition of Partnering Perspectives, which provides insight into a number of developing legal issues with important multinational implications. Articles ...

Partnering Perspectives: Law and Technology (Summer 2015)
Partnering Perspectives
Sutherland is pleased to present the latest edition of Partnering Perspectives, which explores innovative efforts to use the law to affect policy and control the abuse of technology. Articles ...

Presentations

“Energy is inherently a global enterprise.”

Presentations

Tariffs and trade wars under Trump (August 15, 2018)
Legal Quick Hit, Association of Corporate Counsel (ACC) Energy Network
Eversheds Sutherland (US) partner Mark Herlach presents “Tariffs and trade wars under Trump,” a Legal Quick Hit hosted by the ACC Energy Network, on August 15, 2018. The Trump Administration has made ...

Biodiesel from Argentina and Indonesia - Why Trade Remedies Are Relevant for Energy Companies (December 13, 2017)
Legal Quick Hit, Association of Corporate Counsel (ACC) Energy Committee
Eversheds Sutherland (US) attorneys Mark Herlach and Ryan Weiss present “Biodiesel from Argentina and Indonesia - Why Trade Remedies Are Relevant for Energy Companies”, a Legal Quick Hit hosted by ...

What’s Market: A Survey of U.S. Sanctions (May 21, 2015)
Eversheds Sutherland Partners Christina Rissler and Mark Herlach present “What’s Market: A Survey of US Sanctions”. In addition to providing an overview of US Sanctions law, the presentation provides ...

CyberSecurity 2.0 (May 5, 2015)
2015 Deutsche Bank Hedge Fund Executive Summit
Sutherland Partner Mark Herlach presents CyberSecurity 2.0 at the 2015 Deutsche Bank Hedge Fund Executive Summit on May 5, 2015. The presentation focuses on how institutions should be preparing for ...

U.S. Sanctions - Tips and Traps for Lenders (April 16, 2015)
American Bar Association Business Law Section 2015 Spring Meeting
Sutherland Partner Mark Herlach presents U.S. Sanctions - Tips and Traps for Lenders at the American Bar Association Business Law Section 2015 Spring Meeting on April 16, 2015.

Managing A Cyber Attack: An Interactive Simulation (October 16, 2014)
Sutherland will host Managing A Cyber Attack: An Interactive Simulation on October 16, 2014, at RDG in Houston, Texas. Sutherland Partner Mark Herlach will be moderating the event. Speakers will ...

The Foreign Corrupt Practices Act: Recent Developments and Best Practices (September 11, 2014)
Hispanic National Bar Association 2014 Annual Convention

Insurance Update: Russian Sanctions Developments-How the Unrest in Ukraine May Affect Insurers and What To Do About It (September 5, 2014)
Audio Podcast
Sutherland Partners Mark Herlach and John Pruitt reviewed recent key developments and discussed best practices in light of the changing sanctions landscape. The U.S. Treasury has continued to expand ...

Foreign Investment in the U.S. Energy Industry: Protecting National Security or Protectionism (June 18, 2014)
ACC Legal Quick Hit

Reforming the Rules for Exports of U.S. Nuclear Technology (February 5-6, 2014)
Platts 10th Annual Nuclear Energy Conference
Sutherland Partner Mark Herlach is speaking at the Platts 10th Annual Nuclear Energy Conference, February 5-6, 2014, in Washington DC. Mark is moderating a panel on Reforming the Rules for Exports ...

News

In the News

China is Finding New Ways to Hurt US Businesses/ How China Is Finding New Ways to Use Red Tape to Tie up US Firms during the Trade War (December 27, 2018)
Politico and South China Morning Post
Eversheds Sutherland Partner Mark Herlach is quoted in this Politico and South China Morning Post article discussing the worsening trade relationship between the US and China as well as the ...

Uranium Companies Cite Expiration of US-Russia Deal as Impetus for 232 Action (July 27, 2018)
Inside Trade
Eversheds Sutherland Partner Mark Herlach is quoted in this Inside Trade article discussing the possibility of an extension to the 26-year old US-Russian suspension agreement capping uranium imports ...

Partner Mark Herlach Comments on US-China Trade Disputes in the WSJ (April 19, 2018)
Wall Street Journal
Eversheds Sutherland Partner Mark Herlach is interviewed in the Wall Street Journal on the possible unintended consequences investors should be aware of regarding the ongoing US-China trade disputes. ...

Tariffs Inflict Short-Term Pain on Solar Development (January 23, 2018)
Law360
Eversheds Sutherland Partner Mark Herlach is quoted in this Law360 article discussing the impact solar cell and module tariffs will have on solar project development. Mark said, There will be some ...

Solar Lobbying Efforts Intensify as Section 201 Investigation Proceeds (October 24, 2017)
Bloomberg Law and Inside US Trade
Eversheds Sutherland Partner Mark Herlach is quoted in articles for Bloomberg Law and Inside US Trade providing insight on the International Trade Commission’s (ITC) ongoing Section 201 investigation ...

Political Dynamics Could be Key Factor in Solar Safe Guard Probe (August 28, 2017)
Inside U.S. Trade
Eversheds Sutherland Partner Mark Herlach is quoted in this Inside U.S. Trade article providing insight on the International Trade Commission’s (ITC) ongoing Section 201 investigation into solar ...

President’s Solar Plan Has Industry Nervous (July 27, 2017)
Houston Chronicle
Eversheds Sutherland (US) Partner Mark Herlach is quoted in this Houston Chronicle article regarding the administration’s solar policy moving forward amid competing interests of American panel makers ...

Energy Cases to Watch in Second Half of 2017 (June 16, 2017)
Law360
Eversheds Sutherland (US) Partner Mark Herlach is quoted in this Law360 article regarding several energy cases to watch for in the second half of 2017. Mark discussed Suniva Inc.’s recent petition ...

Questions Linger About the Future of Cyber Sanctions (April 1, 2016)
Law360
Partner Mark Herlach is quoted in this Law360 article questions regarding President Barack Obama’s new sanctions framework to crack down on cybersecurity breaches. “Correctly identifying the ...

ZTE Saga Encourages Companies to Play Ball with Commerce (March 30, 2016)
Law360
Partner Mark Herlach is quoted in this Law360 article regarding the decision by the U.S. Department of Commerce to temporarily reprieve ZTE Corporation for alleged Iran sanctions violations. The ...

Press Releases

Partner Mark Herlach Named Chairman of the British-American Business Association (July 10, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that Mark D. Herlach has been named the new Chairman of the British-American Business Association (BABA). Mr. Herlach is a partner in the Energy ...

First Minister of Wales Visits Eversheds Sutherland’s Washington DC Office (February 27, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that its Washington DC office hosted the First Minister of Wales, Rt Hon Carwyn Jones, on February 26 with a lunchtime reception hosted in ...

Eversheds Sutherland Represents Shell in Acquiring Minority Interest of US Solar Developer (January 18, 2018)
Eversheds Sutherland (US) LLP is pleased to announce it has represented Shell in the acquisition of a minority interest in Silicon Ranch Corporation, a leading US owner, developer and operator of ...

Four Eversheds Sutherland Attorneys Named Lawyer of the Year; 80 Lawyers Recognized in 2018 Edition of The Best Lawyers in America (August 15, 2017)
Eversheds Sutherland is pleased to announce that four attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in America, and 80 attorneys have been ...

Six Sutherland Attorneys Named Lawyer of the Year; 81 Lawyers Recognized in 2017 Edition of The Best Lawyers in America (August 15, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that that six attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in ...

Five Sutherland Partners Named “Lawyer of the Year”; 82 Lawyers Recognized in 2016 Edition of The Best Lawyers in America (August 17, 2015)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that five partners have been selected as “Lawyer of the Year in their respective fields by The Best Lawyers in America, ...

Sutherland Launches Cybersecurity and Privacy Insights Blog (March 17, 2015)
WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce the launch of its newest blog, Cybersecurity and Privacy Insights, at sutherlandcybersecurity.com. The blog provides timely ...

Multimedia

Webcast: The Trump Administration International Trade and Economic Policy: Actors, Actions, Options and Implications for Industry (February 16, 2017)
President Donald Trump has advocated a more aggressive U.S. international trade and economic policy as part of his plan to generate economic growth and retain and revive U.S. manufacturing. Days into ...

Videocast: Focus on Russian Sanctions (October 15, 2014)
The U.S. Treasury and European Union have continued to expand the scope of economic sanctions in response to Russian activities and the political unrest in Ukraine. These policy changes create added ...

Podcast: Insurance Update: Russian Sanctions Developments-How the Unrest in Ukraine May Affect Insurers and What To Do About It (September 5, 2014)
Sutherland Partners Mark Herlach and John Pruitt reviewed recent key developments and discussed best practices in light of the changing sanctions landscape. The U.S. Treasury has continued to expand ...

Areas of Practice (17)

  • Alternative Dispute Resolution
  • Antitrust
  • Aviation
  • Commodities Enforcement & Investigations
  • Corporate
  • Crisis Management
  • Cybersecurity & Privacy
  • Energy & Infrastructure
  • Energy Mergers & Acquisitions
  • Internal Investigations
  • Litigation
  • Mergers & Acquisitions
  • Nuclear
  • Policy & Government Affairs
  • Renewable & Alternative Energy
  • Trade & Sanctions
  • Diversified Industrials

Education & Credentials

Contact Information:
202.383.0172  Phone
www.eversheds-sutherland.com
University Attended:
Stanford University, B.A., with honors
Law School Attended:
University of Michigan Law School, J.D., cum laude, Note Editor, Michigan Law Review
Year of First Admission:
1975
Admission:
1975, District of Columbia
Memberships:

Professional Activities

Chairman, British-American Business Association
Member of the Board and Chair, Energy and Environment Committee, British-American Business Association
Binational Panelist, Canada-United States Free Trade Agreement
Member, Advisory Board, North American Free Trade & Investment Report
Vice President, Member of the Board, International Nuclear Law Association
Member, Legal Advisory Committee, Nuclear Energy Institute
Former Chair, Annual International Trade Update sponsored by Georgetown University Law School
Member, American Bar Association

Birth Information:
Milwaukee, Wisconsin, October 3, 1950
ISLN:
906532315

Peer Reviews

  • 5.0/5.0
  • High ethical standing icon
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (41)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

Contact Mark D. Herlach

Required Fields

Required Fields


By clicking on the "Submit" button, you agree to the Terms of Use, Supplemental Terms and Privacy Policy. You also consent to be contacted at the phone number you provided, including by autodials, text messages and/or pre-recorded calls, from Martindale and its affiliates and from or on behalf of attorneys you request or contact through this site. Consent is not a condition of purchase.

You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.