Semiconductors

Services In-Depth

Our semiconductor lawyers advise across jurisdictions and regulatory regimes, routinely supporting complex cross-border matters. We collaborate across practice groups to ensure clients receive comprehensive support for any challenge—spanning regulatory guidance, disputes & investigations, corporate transactions, projects & energy transition, financing and financial restructuring. 

Intellectual Property

Our IP lawyers & litigators have extensive experience representing semiconductor, software and other high-tech companies in protecting critical IP assets, including patents, trademarks, copyright & media and trade secrets. Nearly all of our IP team members have at least one technical degree in science or engineering.

We advise on leading-edge technical developments and analyze evolving IP and technology frameworks to address the challenges unique to semiconductor clients. Further, we evaluate offensive and defensive infringement risk, secure robust IP ownership and licensing terms and provide end-to-end litigation services from trial court through appeal.

We have litigated hundreds of complex patent cases in federal district courts nationwide, before the International Trade Commission (ITC), at the U.S. Patent and Trade Office (USPTO) Patent Trial and Appeal Board (PTAB) and Central Reexamination Unit (CRU) and on appeal to the Federal Circuit. Widely recognized as one of the most active firms before the ITC, Akin guides clients through every stage of an ITC Section 337 investigation.

Our team also brings deep experience handling inter partes reviews (IPRs) on behalf of both patent owners and petitioners

International Trade & Export Controls

Akin’s international trade & export controls lawyers advise on compliance and enforcement under the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR) and U.K. and EU trade regulations. Our team includes former BIS officials who crafted pivotal EAR restrictions governing semiconductors and semiconductor manufacturing equipment.

We navigate the nuances of the complex export control regimes across U.S., U.K. and EU frameworks. Our counsel spans export classification and licensing, compliance programs and internal controls, transactional due diligence, and enforcement matters and voluntary disclosures.

Our lawyers routinely work on-site with clients to implement trade compliance operational controls, from determining the jurisdiction and classification of legacy and new items to securing favorable license exceptions and exemptions.

Maintaining direct engagement with U.S., U.K., EU and global trade regulators, we help semiconductor clients anticipate and comply with evolving export requirements for emerging technologies—including cloud computing, quantum computing, AI, biotechnology, advanced encryption controls, cyber-surveillance and data privacy & cybersecurity considerations.

Our national security & global investigations team handles cross-border criminal, civil administrative and congressional investigations, as well as voluntary self-disclosures involving potential violations of sanctions, export control, anti-corruption and customs laws.

Foreign Investment & National Security

We advise clients on matters involving:

• Reviews before the Committee on Foreign Investment in the United States (CFIUS).
• Notifications, call-ins and reviews under the U.K. National Security and Investment Act 2021 (NSIA).
• U.S. outbound investment regulations relevant to semiconductor, AI and quantum computing activities.
• Foreign direct investment (FDI) and national security reviews across U.K., EU and global jurisdictions.
• Transaction structuring, due diligence and regulatory risk assessment.

We advise U.S. and global corporations, asset managers and institutional investors—including China-based AI and semiconductor companies seeking U.S. investment or to operate in the U.S., as well as Asia-based investment firms with U.S. investors or employees—on the strategic implications of evolving national security regimes.

Our team handled the first-ever review and call-in under the U.K. NSIA, has since advised on numerous U.K. semiconductor-related investments and has counseled high-profile geopolitical controversies involving U.S., Chinese and Dutch export control and national security authorities.

Our specialists help clients anticipate export controls, national security, supply chain continuity and economic resilience during deal reviews. Where necessary, we design and negotiate bespoke mitigation agreements to secure regulatory clearance for both investors and target companies.

Government Contracts

Our government contracts lawyers provide full-scope counsel to clients doing business with public entities and federal agencies. Akin’s government contracts and grants teams have secured more than $12 billion in federal funds through the Department of Commerce for semiconductor manufacturing incentives, research and development programs and related grants.

Public Advocacy

Our lobbying & public policy team works on a bipartisan basis with members of Congress, executive branch agencies and the White House on a broad range of legislative, policy and regulatory matters related to semiconductors and the CHIPS Act. We have a proven track record of helping clients advance their strategic interests and shape federal policy impacting their business operations.

Investment Management & Tax

Our team advises investment funds and asset managers on the formation, launch and ongoing operations of fund vehicles investing across the semiconductor industry. We provide targeted advice on investment and operational structures to maximize tax efficiency while aligning with evolving tax policies, including advising on the CHIPS Act investment tax credit for semiconductor manufacturing facilities expenditures.