The international trade policy practice at Akin Gump Strauss Hauer & Feld LLP operates at the intersection of trade law and public policy. We provide legal and policy advice, as well as foreign and domestic government affairs advocacy, to clients navigating the maze of global, regional and bilateral rules of commerce and investment. The practice comprises lawyers and advisors from the international trade and public law and policy practices, in addition to lawyers from our overseas offices, who have extensive experience representing corporations, trade associations, nongovernmental organizations and governments. They collaborate on our clients’ behalf to overcome the challenges and exploit the opportunities present in the complex and fiercely competitive global marketplace. We leverage Akin Gump’s resources, including one of the largest and most successful lobbying practices in the field, a pre-eminent international trade law group and strong international deal-making and litigation capacity, all to provide international policy and political advice to businesses regarding overseas investments, operations and crisis management.
Our Experience
Global Policy/Political Advice and Crisis Management
Our team has extensive experience advising multinational corporations attempting to break into new markets how best to operate freely in other countries, lift onerous or discriminatory foreign regulatory burdens or strengthen ties to foreign leaders. Together with in-house counsel and executives, we employ diplomatic and political tactics—including informed application of international agreements and treaties—to achieve business objectives. Our team has helped companies with regard to elimination of unfair foreign tariffs, investment restrictions, misuse of intellectual property laws and production requirements not grounded in sound science. We help clients monitor issues in multiple markets and assist them in managing international crises that can involve a mix of legal, political, policy and public relations issues.
Dispute Settlement Proceedings under the World Trade Organization
Our size and extensive resources give us the ability and reach to handle large, complex World Trade Organization (WTO) matters, regardless of the number of different languages and legal structures or the volume of evidence involved. Several of our international trade policy lawyers have direct and substantive experience in WTO cases and the dispute settlement process. We have participated in every stage of the WTO process, and our direct and substantive experience extends to over 40 cases in the WTO, covering issues such as trade in goods, trade remedies (antidumping, countervailing duty and safeguard cases), trade in services, intellectual property rights, investment, electronic commerce, subsidies, government procurement, customs and trade facilitation and nontariff barriers such as technical barriers and sanitary and phytosanitary (SPS) matters.
Strategic Advocacy with U.S. and Foreign Governments
We work with our clients to create and implement advocacy strategies targeted both at the U.S. Congress and at the numerous agencies within the executive branch. In the past, we have successfully lobbied for domestic legislation and policy with an international focus, related to such issues as tax and tariffs, free trade agreements, customs matters and homeland security. We also have experience in engaging foreign governments on similar issues for clients, be it through Akin Gump’s overseas offices in Moscow, Abu Dhabi, Geneva and Beijing, or in Washington, D.C. via other nations’ diplomatic representatives. We strive to create comprehensive advocacy strategies that will give our clients the best chance for success.
Negotiation and Interpretation of Trade and Investment Agreements
We have decades of experience negotiating and interpreting international agreements, such as free trade agreements, sectoral initiatives, bilateral investment treaties (BITs) and United Nations and WTO agreements. As a result of this extensive practical experience, our team not only has the ability to provide in-depth coverage for the toughest law and policy matters, but we also have the knowledge to cover the waterfront of policy issues affecting international business. With respect to bilateral and multilateral negotiations, we understand both the process and the key players and have successfully guided clients through numerous complex negotiations. Whether negotiating on behalf of a foreign government or expanding market access opportunities for a company’s product or service, we work closely with our clients to develop a customized approach that efficiently addresses their needs.
Customs and Tariff Matters
We advise numerous clients with respect to import and export matters under the jurisdiction of government agencies such as Customs and Border Protection (CBP), the Department of Commerce (DOC), the Office of the U.S. Trade Representative (USTR) and the U.S. International Trade Commission (ITC). For instance, by conducting a comprehensive customs report, the international trade policy practice has been able to save our clients millions of dollars in tariff relief through improvement of the company’s import compliance program and supply chain management, utilization of trade preference programs and alternative sourcing options, and legislative advocacy and administrative means.
Market Access, Competitiveness and Taxation Issues
We assist a range of clients on matters vital to international business. An important aspect of our practice is advice related to domestic and foreign systems of taxation, as well as to domestic and foreign regulatory regimes—all of which impact our clients’ ability to compete in the global marketplace. We help multinational companies and large financial houses navigate the foreign policy and political problems they face. Whether dealing with deficient intellectual property protections in Bangkok, compulsory licensing in Brasilia or the double taxation of U.S. expatriates in Seoul, our lawyers and advisors are able to work quickly in concert with the client to identify problems and develop and implement solutions. We are well-positioned to help companies plan their international investments, deal with trade barriers, manage discriminatory or needlessly burdensome foreign regulations and prepare for—and deal with—international crises.
Trade Remedy Litigation
We have significant depth and breadth of experience in antidumping and countervailing duty cases. We have handled cases involving products from both market and nonmarket economy countries. Our credibility and practice in trade remedy cases are greatly enhanced by our representations of domestic industry, as well as of foreign producers, exporters and importers. We understand fully the importance of political factors and consumer participation in these proceedings; members of our public law and policy practice are a fully integrated component of our practice.
Every trade remedy matter is unique and challenging; therefore, we work with each client to develop a plan of attack that meets that client’s specific needs. Success requires not only intimate familiarity with the statutory and regulatory framework, but also experience in addressing the specific legal and practical issues unique to the relevant industry, geographic area and company. We offer creative solutions tailored to each client and case, bearing in mind the cost and the potential for success at each step along the way.
Our Clients
We have counseled, among others, leading private equity firms, Fortune 500 manufacturing companies, cutting-edge technology companies, major trade associations and sovereign governments. We have represented clients before U.S. agencies in a full range of industries, such as basic steel, chemical, agriculture and aquaculture, consumer electronics, semiconductors and manufactured goods, as well as clients from around the globe, including some located in Canada, Chile, Ecuador, China, France, Germany, Israel, Japan, Kazakhstan, Korea, Mexico, the former Soviet Union, Taiwan, Thailand and the United Kingdom. Likewise, we have represented clients before agencies overseas, including those in Mexico, China and the European Union.
Our Team
The Akin Gump trade policy team comprises sophisticated lawyers, economists and other professionals with extensive senior government and private practice experience that is employed to achieve client objectives.
Members of the team have held positions in major U.S. government entities with jurisdiction in the area of international trade and business. For example, our team features former officials from the USTR, the White House, CBP, the House Committee on Ways and Means, the Senate Committee on Finance, the National Security Council and the National Economic Council.
Our clients reap the benefits of a full-service law firm with offices in key locations around the world. As an integrated and cross-disciplinary practice, the international trade policy practice can draw upon the rich and extensive experience of the firm’s many prominent practices to tackle the full range of legal and policy matters that affect our clients.