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NATIONAL SECURITY PRACTICE ECONOMIC SANCTIONS Q2 2020

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Page 1: NATIONAL SECURITY PRACTICE - Morrison & Foerster...highly respected, prominent former U.S. government officials in the national security space, providing us with unrivaled subject

NATIONAL SECURITY PRACTICE ECONOMIC SANCTIONS

Q2 2020

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1 Morrison & Foerster LLP

NATIONAL SECURITY PRACTICE: ECONOMIC SANCTIONS A DESTINATION FIRM FOR SENIOR OFFICIALS LEAVING U.S. GOVERNMENT AGENCIES,

Morrison & Foerster’s Economic Sanctions practice has the distinction

of being perhaps the only law firm in the world with three full-time veterans of the

U.S. Department of the Treasury’s Office of Foreign Assets Control (including John

Smith, who served as OFAC Director until summer of 2018). We are certainly the

only firm with three such recent additions from OFAC who can speak from

eyewitness experience regarding the inner workings of OFAC and the Trump

Administration in their implementation, analysis, and enforcement of U.S. economic

sanctions and their expectations regarding corporate compliance programs.

Additionally, by having John Carlin – the former Assistant Attorney General for DOJ’s

National Security Division and former Chief of Staff to then-FBI Director Robert

Mueller – co-leading our team, we have both the former top civil and criminal

sanctions enforcement authorities available to engage on the matter wherever it

leads. We also have an elite roster of former federal regulators, prosecutors, and

other leading officials who assist leading global financial institutions and major

corporations to identify and resolve sanctions compliance and export controls

issues from a regulator’s point of view, bolster compliance programs, navigate

regulatory investigations and inquiries, negotiate with prosecutors and regulators,

and, when necessary, defend against potential charges or enforcement actions.

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NATIONAL SECURITY

2 Morrison & Foerster LLP

MOFO AT A GLANCE

A GLOBAL FIRM WITH UNMATCHED NATIONAL SECURITY EXPERIENCE

We are among a handful of firms that operate a genuinely global national security group. With a formidable team led by seasoned former government officials and attorneys with decades of leading private sector experience, our firm brings a depth of experience and perspective that is unmatched and enables it to address our clients’ most challenging Export Controls/Sanctions, FARA, and CFIUS matters. Few, if any, law firms in the world have done more in recent years to assemble highly respected, prominent former U.S. government officials in the national security space, providing us with unrivaled subject-matter depth and insight in a broad range of matters.

All told, the Morrison & Foerster’s national security practice includes three former Senate-confirmed national security officials, the former leading officials who until recently oversaw both criminal and civil sanctions enforcement, two former top representatives of their respective departments on CFIUS, three recent experienced OFAC officials, two former National Security Council staff members, the top official overseeing FARA compliance and enforcement, the top official overseeing criminal export control compliance, three former DOJ senior national security lawyers, and two former Supreme Court clerks. Most importantly, the Firm’s recent additions from government reinforce and strengthen a practice that was already advising clients throughout the world on their most challenging and significant national security matters and draw upon an existing wealth of experience within the Firm.

A GLOBAL REACH

1,000+

lawyers globally

Ranked among

TOP 10 FIRMS in American

Lawyer’s Diversity Scorecard

Offices

in 7 countries

17

200

lawyers in Asia

Global reach of

125+ Countries

Worldwide

Department of Justice Securities and Exchange Commission Office of Foreign Assets Control National Security Council Office of the Director of National

Intelligence Department of Defense

Experience as high-ranking U.S. government officials

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NATIONAL SECURITY

3 Morrison & Foerster LLP

ECONOMIC SANCTIONS

Sanctions are a global compliance challenge, and a global challenge requires a global solution. With sanctions

experts in our 17 offices across the United States, Europe, and Asia, Morrison & Foerster has an unparalleled

ability to provide on-demand representation when our clients need it most. Our attorneys are diverse in every

sense, but indistinguishable in their commitment to excellence and client service.

Led by two of the most experienced enforcement officials covering both the civil and criminal sides of U.S.

sanctions and export controls investigations and enforcement actions, Morrison & Foerster’s National Security

Practice Group can help clients make sense of the regulatory and policy landscapes, and forecast what might

be coming so that our clients can get ahead of it. Our lawyers help

clients understand the various sanctions regimes implemented by

OFAC; assist them on discrete issues, such as obtaining an OFAC license

for the release of blocked funds or to permit an otherwise prohibited

transaction; and handle broad sanctions investigation and enforcement

matters. When new sanctions are imposed (whether by legislation,

executive order, or implementing regulations), we assist clients in

updating their policies and procedures to ensure best compliance

practices or in creating/revamping compliance programs.

We also assist our clients with assessments of their OFAC policies and

procedures, conduct internal investigations to identify issues that

contributed to deficiencies in their OFAC compliance programs, provide

training on sanctions issues, and help clients develop strategic plans to

improve their systems and procedures to address compliance gaps. If a

lapse results in government interest or action, our award-winning

Investigations + White Collar Defense practice is there to provide

support.

One of our greatest strengths is our global presence, allowing us to provide daily advice and assistance to

financial institutions and major corporations facing challenges across a multitude of markets. We are

constantly monitoring issues and developments across sanctions programs covering Iran, Russia,

Syria/Turkey, Cuba, North Korea, and Venezuela, among other programs. We have a strategically located team

in the United States, Europe, and Asia to provide real-time and seamless advice and assistance to global

financial institutions and major corporations across continents and time zones. Our international platform

and network allow us to remain on top of the U.S. sanctions risk and overall financial crimes landscape in

every region where our clients operate.

Our extensive U.S. government experience and connections in economic sanctions, along with the expertise of

our experienced private sector colleagues, allow us to be more insightful and efficient as we serve your needs.

Our sanctions practitioners understand first-hand the challenges our clients face as global financial

institutions or major corporations in ever-changing regulatory landscapes, and we can respond accordingly.

With our unmatched in-house expertise, a collaborative team approach, sensible staffing, strict budget

monitoring, technological innovation, and extensive project management training, we provide true quality

client service at reasonable rates.

Chambers USA 2019 Financial Services Regulation: Banking (Compliance): Nationwide White-Collar Crime & Government Investigations: New York

Legal 500 US 2019 Financial Services Regulation: National White-Collar Criminal Defense: National

IFLR1000 2019 United States: Financial Services Regulatory

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NATIONAL SECURITY

4 Morrison & Foerster LLP

We have counseled clients, conducted investigations, and worked with partners across the globe, including in some of the world's most challenging markets in Africa, Asia, Europe, Latin America, the

Middle East, and Russia.

With 17 offices across the United States, Europe, and Asia, Morrison & Foerster is up to the task. Our attorneys are diverse in every sense, but indistinguishable in

their commitment to excellence and client service.

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NATIONAL SECURITY

5 Morrison & Foerster LLP

REPRESENTATIVE MATTERS

ECONOMIC SANCTIONS

Routinely advise multinational financial institutions of all aspects of U.S. sanctions compliance and risk

mitigation.

Represent a publicly listed Asian company in evaluating permissible Iranian trading activities and impact

of Ukraine-related sanctions on potential investment transactions with Russian sovereign wealth fund.

Represent a major state-owned heavy equipment manufacturing company on compliance with U.S. and

EU sanctions in connection with initial public offering. Ongoing compliance training.

Represent one of the largest automobile manufacturers in evaluating joint ventures in sanctioned

countries.

Represent global insurance companies in OFAC compliance issues regarding co-investment with Iranian

government-owned companies.

Represent an international trading company in dealing with OFAC freezing of funds in connection with

shipments of goods on Iranian-owned blocked vessels.

Advise a non-U.S. government-owned bank in OFAC negotiations regarding potential violations of U.S.

prohibitions on non-U.S. persons doing business with Iran.

Represent non-EU companies on EU sanctions regimes related to Iran, Syria, and Ukraine/Russia.

Advise a non-U.S. government-owned bank in OFAC negotiations regarding potential violations of U.S.

prohibitions on non-U.S. persons doing business with Iran.

Represent the largest container ship and supply vessel operator in the world, by advising on sanctions

issues related to its port operations in areas near sanctioned countries and compliance issues related to

historical transactions.

Represent The Clearing House – which is owned by and represents dozens of the world’s largest

commercial banks – on a range of sanctions advisory matters including drafting of memoranda and

consultations with OFAC.

Represent one of the largest banking institutions in the United States, regarding a request for

authorization from OFAC to unblock and transfer a large payment from a frozen account pursuant to a

U.S. court order.

Established the sanctions compliance program around a shipping terminal that the client is developing in

a jurisdiction with relatively high sanctions risks

Represent one of the largest retailers and tech services firms in the world, including updating their

sanctions contract provisions, advising on how to engage with OFAC Enforcement during an ongoing

investigation, advising on third-party sanctions liability issues.

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6 Morrison & Foerster LLP

OUR TEAM OUR TEAM: UNITED STATES

John E. Smith served as the Director of OFAC, as well as its Deputy Director and

Associate Director, for 11 years before joining MoFo in July 2018. Concurrent with serving

as OFAC Director, John also served as acting Under Secretary for the Office of Terrorism

and Financial Intelligence at Treasury (January 2017 to June 2017). John has overseen

the U.S. government’s economic sanctions efforts, imposing sanctions on heads of state,

countries, and illicit actors; conducting enforcement actions against dozens of major

financial institutions and companies around the world; and developing innovative

sanctions enforcement policies to address evolving U.S. national security priorities. John

has also supervised the investigation, preparation, and settlement of cases for hundreds of

millions of dollars. John is co-head of Morrison & Foerster’s National Security practice

and was named by Global Investigations Review (GIR) in November 2019 as one of the

most respected Washington, D.C. sanctions lawyers.

John E. Smith Washington, D.C.

John P. Carlin, former Assistant Attorney General for the U.S. Department of Justice’s

National Security Division (“NSD”), chairs Morrison & Foerster’s global risk and crisis

management team and advises industry-leading organizations in sensitive cyber,

sanctions and embargoes, and other national security matters; white-collar

investigations; and government enforcement actions. John regularly advises leading U.S.

and overseas companies across numerous industries - including in the technology,

defense, and telecommunications sectors - regarding crisis management, cyber incident

response and preparedness, regulatory strategy, FARA, and CFIUS. Mr. Carlin is co-head

of Morrison & Foerster’s National Security practice. He is also the author of Dawn of the

Code War: America’s Battle Against Russia, China, and the Rising Global Cyber Threat,

which provides an inside look into how we combat daily attacks on United States

companies, citizens, and government.

John P. Carlin Washington, D.C.

Nick Spiliotes has 25 years of experience advising clients on national security

compliance matters involving foreign investment approvals (CFIUS); Department of

Defense, Department of Energy, and Nuclear Regulatory Commission foreign investment

approvals under the National Industrial Security Program; and United States sanctions

and embargoes (OFAC), including certain enforcement matters, relating to a broad range

of industries, products, and transactions. Nick is co-head of Morrison & Foerster’s

National Security practice.

Nick Spiliotes Washington, D.C

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OUR TEAM

7 Morrison & Foerster LLP

David A. Newman Washington, D.C.

David Newman is a partner in Morrison & Foerster Global Risk and Crisis

Management, Privacy and Data Security, and National Security practice groups. David

draws upon his experience as a senior White House and U.S. Department of Justice (DOJ)

attorney and his extensive background in government regulation and national security to

guide clients through sensitive matters pertaining to national security and global risk and

crisis management. He has significant experience advising clients on crisis management

and cybersecurity, counseling clients on Committee on Foreign Investments in the United

States (CFIUS) reviews, and conducting internal and government-facing cross-border

investigations.

Barbara Mendelson New York

Barbara Mendelson is a partner in the Financial Services Group in the New York

office. Her practice involves advising foreign and U.S. banks in a variety of complex

regulatory matters, including sales and acquisitions of U.S. banking and nonbanking

firms; Dodd-Frank Act issues; applications to federal and state bank regulators for

expansion of activities and new products; Bank Secrecy Act and OFAC matters; and over-

the-counter and exchange-based trading of various instruments and derivatives. She has

represented foreign banks in their U.S. operations for more than 25 years.

Jiang Liu New York

Jiang Liu is a partner in the Securities Litigation, Enforcement, and White-Collar

Criminal Defense Group. Jiang’s practice spans a broad range of bank regulatory work,

and he has significant experience representing global financial institutions. Jiang has

deep knowledge of the regulations applicable to U.S. and global financial institutions. He

regularly provides advice in connection with the Bank Holding Company Act, the Volcker

Rule, bank securities activities, and U.S. bank and non-bank acquisitions, among other

things. He has a substantial practice representing global financial institutions, especially

those in China, related to their U.S. activities. Prior to joining Morrison & Foerster, Jiang

worked at a leading international law firm in their Hong Kong and New York offices.

Ruti Smithline New York

Ruti Smithline is a partner in the Securities Litigation, Enforcement, and White-Collar

Criminal Defense Group. Her practice focuses on cross-border corporate internal

investigations and white-collar criminal defense matters. She regularly advises individual

and corporate clients in criminal matters and related civil enforcement and regulatory

matters. Her cases have involved alleged violations of the FCPA and other anti-corruption

laws, money laundering and the Bank Secrecy Act, trade and sanctions laws, securities

fraud, and a myriad of compliance issues. She is a member of the firm’s global FCPA &

Anti-Corruption Task Force. As a native Spanish-speaker, her practice focuses on internal

investigations and related compliance work throughout Latin America.

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OUR TEAM

8 Morrison & Foerster LLP

Charles Capito III Washington, D.C.

Charles Capito, a member of the firm’s Government Contracts + Public Procurement

and National Security, CFIUS, Sanctions + Export Controls Groups, is based in the

Washington, D.C. office. Charles represents clients in several key regulatory areas. In the

National Security space, he counsels frequently on the complex and evolving

requirements of the Committee on Foreign Investment in the United States (CFIUS) as

U.S. businesses and foreign investors balance their business plans against CFIUS’s

considerable role in protecting U.S. national security. He also regularly advises clients on

U.S. export controls regimes - the International Traffic in Arms Regulations (ITAR) and

the Export Administration Regulations (EAR) - and issues that government contractors

face when subject to foreign ownership, control, and influence (FOCI).

Michael V. Dobson Washington D.C.

Michael Dobson is of counsel in Morrison & Foerster’s National Security practice

group and has extensive experience advising clients on critical national security matters

pertaining to U.S. economic sanctions, export controls, and various regulatory and

compliance issues. He also counsels clients on matters regarding U.S. and foreign

international trade laws and regulations, including the Export Administration

Regulations (EAR), the International Traffic in Arms Regulations (ITAR), the Foreign

Corrupt Practices Act (FCPA), and the Committee on Foreign Investments in the United

States (CFIUS). Michael most recently served as a Senior Sanctions Policy Advisor in the

U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), where he was one of

the U.S. government’s leading sanctions officials in the development and implementation

of U.S. sanctions policy toward Russia and throughout the Western Hemisphere.

Aki Bayz advises clients on compliance with the applicable trade-sanction and economic

embargoes administered by OFAC; the export control and anti-boycott requirements of

the BIS; and military items subject to the jurisdiction of the DDTC. Aki’s clients come

from a broad range of companies, from multinational corporations engaged in

international transactions worldwide to startup entities exporting for the first time, and

across an array of industries and sectors, including information technology,

telecommunications, financial services, FinTech, basic commodities, consumer goods,

defense electronics, aerospace, biotechnology, medical devices, and semiconductors.

Aki Bayz Washington, D.C.

Robert Litt Washington, D.C.

Bob Litt, former General Counsel for the Director of National Intelligence, is of counsel

in Morrison & Foerster’s National Security and Global Risk & Crisis Management

practices. Bob has extensive experience advising clients on national security matters,

including those in relation to the Committee on Foreign Investment in the United States

(CFIUS). In addition, he also has significant experience in civil and criminal litigation as

well as investigations.

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OUR TEAM

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Jennifer Talbert Washington, D.C

Jennifer Talbert is an associate in the National Security Group in Morrison & Foerster’s

Washington, D.C. office. Her practice involves assisting clients on regulatory and

transactional matters relating to financial services, economic sanctions, and national

security. In national security contexts, Jennifer assists clients with matters involving

economic sanctions administered by the Office of Foreign Assets Control (OFAC) and

compliance with trade controls under the Export Administration Regulations (EAR). She is

also experienced in guiding clients through U.S. foreign investment approvals involving the

Committee on Foreign Investment in the United States (CFIUS).

Joseph Benkert served as a leading civilian official in the Department of Defense

(“DoD”) from 2003 to 2009 under both the Bush and Obama administrations, including

as Assistant Secretary of Defense for Global Security Affairs after being nominated by

President Bush and confirmed by the Senate. While at the DoD, Joseph led the

department’s involvement in numerous complex matters before CFIUS. He oversaw more

than 400 CFIUS cases and represented the DoD in CFIUS deliberations determining

whether a foreign investment in a U.S. company or its operations represented a national

security risk. During his tenure, he advised clients on transactional matters that were

subject to CFIUS review. Joseph is a senior advisor in Morrison & Foerster’s National

Security practice group.

Joseph Benkert Washington, D.C.

Amy Josselyn Washington, D.C

Amy Josselyn draws upon 15 years of experience in the U.S. Intelligence Community to

advise clients on national security regulatory compliance and transactional matters.

Amy’s practice focuses on U.S. foreign investment approvals involving the Committee on

Foreign Investment in the United States (CFIUS) and related compliance regimes,

including Department of Defense foreign ownership, control, and influence (FOCI)

mitigation under the National Industrial Security Program; the Export Administration

Regulations (EAR); the International Traffic in Arms Regulations (ITAR); and U.S.

sanctions and embargoes administered by the Office of Foreign Assets Control (OFAC).

Kristofer Readling Washington, D.C.

Kristofer Readling focuses his practice on sanctions and export control issues and

investigations, having most recently served as an Enforcement Officer in the Enforcement

Division of the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC). At

OFAC, Kristofer investigated violations of various U.S. sanctions programs, led large,

complex enforcement cases, developed and implemented novel investigative strategies

and enforcement theories, and negotiated settlements. To support OFAC’s mission,

Kristofer advised OFAC staff on difficult issues with few legal or policy precedents and

helped to establish many OFAC Enforcement precedents by bringing novel public actions

against U.S. and foreign companies for violations of U.S. sanctions.

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OUR TEAM

10 Morrison & Foerster LLP

Jonathan Babcock Washington, D.C.

Jonathan Babcock is an associate in the National Security Practice Group in Morrison &

Foerster’s Washington, D.C. office. His practice involves assisting clients in a range of

national security matters, including economic sanctions compliance, export controls

compliance, and national security reviews before the Committee on Foreign Investment in

the United States (CFIUS). Prior to joining Morrison & Foerster, Jonathan practiced in the

International Trade and National Security practice groups of a major D.C. law firm. Jonathan

graduated from the University of Virginia School of Law, where he served as an articles

editor for the Virginia Journal of International Law. Jonathan received his B.A. summa cum

laude from the George Washington University.

OUR TEAM: ASIA

Timothy Blakely is Managing Partner of Morrison & Foerster’s Hong Kong office. He is

also head of the firm’s Hong Kong Litigation Department. Mr. Blakely’s practice focuses

on government and internal investigations and complex commercial litigation and

international arbitration matters. He also is a member of the firm’s global anti-corruption

and compliance team. He conducts internal investigations throughout Asia of potential

violations of anti-corruption laws, leads pre-acquisition anti-corruption related due

diligence and post-closing remediation, and regularly provides advice, counseling, and

training to clients about FCPA and anti-corruption related issues.

Timothy W. Blakely Hong Kong

Daniel Levison is a partner in Morrison & Foerster’s Singapore office, where he heads

its Litigation Department. He counsels clients regarding compliance matters and

conducts investigations and compliance reviews across the Asia-Pacific region, where he

has over 18 years of experience. Mr. Levison also represents clients in complex

commercial litigation and arbitration and contentious regulatory proceedings. His

practice has included work in many countries in Southeast Asia and beyond, including

Malaysia, Thailand, Indonesia, Vietnam, the Philippines and Singapore, as well as India,

Nepal, Australia, New Zealand, Japan, Korea and China.

Daniel P. Levison Singapore

Sheryl George Singapore

Sheryl George is a disputes and compliance associate in the Singapore office of

Morrison & Foerster. Her practice focuses on investigations and white-collar matters,

regulatory and global compliance, including compliance due diligence for corporate

transactions, as well as complex commercial disputes. Ms. George has particular

expertise in fraud and corruption, money laundering, economic sanctions, cybercrime

and cybersecurity, and a broad range of complex commercial matters.

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OUR TEAM

11 Morrison & Foerster LLP

Gary Zeng Hong Kong

Gary Zeng focuses his practice on China-related investigation and dispute resolution

matters for multinational and Asia-based companies. Gary has extensive experience in

investigations involving allegations of corruption, fraud, and other business misconduct

in various industries, including IT, finance, and manufacturing. Gary is also experienced

in assisting multinational clients in coordinating responses to Chinese regulatory

inquiries and other contentious regulatory and litigation matters and in conducting due

diligence focused on compliance-related issues.

Kasuyasu Yoneyama Tokyo

Kazuyasu Yoneyama is Of Counsel in the Tokyo office of Morrison & Foerster,

specializing in complex cross- border antitrust investigations, intellectual property, and

national security matters, including economic sanctions. These include the defense of a

Japan-based manufacturing group in an international cartel investigation brought by the

European Commission, representing of individuals in relation to Antitrust Criminal

Investigations driven by the U.S. Department of Justice, and representing a global

technology company in a Japan Fair Trade Commission investigation of its competitor

and as the plaintiff in Japanese civil antitrust litigation. He also has range of experience

in intellectual property, product liability and other litigation matters. He brings to the IP

practice his background as a physicist.

OUR TEAM: EUROPE

Roland Steinmeyer Berlin

Roland Steinmeyer is a partner in Morrison & Foerster’s Berlin office, and advises on

national and international corporate matters. He has more than 35 years of experience in

the areas of regulatory compliance, internal investigations, and corporate governance

law. His practice focuses on board counseling as well as on German and U.S. compliance

requirements, such as matters involving the FCPA, and on corporate litigation matters.

He also advises clients on a range of cross-border government enforcement and other

compliance and corporate matters, the structuring of compliance programs, follow-on

litigation, and D&O insurance coverage.

Gareth Rees QC is a partner based in the London office of Morrison & Foerster. He

is a leading UK white collar and regulatory litigator. Gareth is one of the most

experienced white-collar crime and regulatory lawyers in the UK. His experience

includes advising clients on white-collar crime, regulatory, sanctions, fraud, bribery

and corruption matters. He acted for a defendant in the SFO Iraq Oil-for-Food

prosecutions in 2011 and in a leading export control matter in 2008. Offering

corporations confidential internal investigations with the view to identifying potential

breaches and offenses, and investigations responding to criminal and regulatory

agencies, Gareth advises clients on criminal and regulatory breaches, compliance

assessment and multi-jurisdictional issues. . He was Executive Director of

Enforcement at the UK Financial Reporting Council 2012-17.

Gareth Rees QC London

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OUR TEAM

12 Morrison & Foerster LLP

Saqib Alam London

Saqib Alam is of counsel in Morrison & Foerster’s London office specializing in

regulatory compliance and investigations, and white collar crime. Mr. Alam also has

experience advising clients on matters related to economic sanctions. He has carried out

compliance investigations in more than 30 countries around the world and has

represented clients before prosecuting agencies in the United States, United Kingdom,

Brazil, Germany, India and Singapore. Mr. Alam is admitted in New York, England and

Singapore.

Tola Adeseye London

Tola Adeseye advises on a broad range of commercial litigation, including complex

commercial contracts disputes, internal corporate investigations, white-collar crime and

defending clients against government enforcement agencies. Mr. Adeseye has experience

representing a major multinational company in connection with a joint DOJ and SEC

investigation of alleged violations of the Foreign Corrupt Practices Act. He also has

experience advising a large multinational company regarding third-party compliance and

internal anti-corruption compliance issues.

Felix Helmstädter is of counsel at the German office of Morrison & Foerster in Berlin.

He advises clients in the area of public commercial and regulatory law, in particular on all

matters of German and European public procurement law, state aid law, and sector-

specific regulatory law; foreign trade law, export control law, and EU sanctions law; and

antitrust and merger control law. Dr. Helmstädter has particular, industry-specific

expertise in the areas of transportation, technology, media, and telecommunications.

Another area of emphasis of his work lies in the health and energy sectors. He has years

of experience in providing strategic regulatory advice to companies, as well as

representing them in administrative litigation, civil litigation, and public procurement

disputes before national and European authorities and courts.

Dr. Felix Helmstädter Berlin

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