US Administration Tracker

Managing the legal impacts of a new US administration

Since Trump’s return to the White House, his second term has been notable for an early barrage of executive orders and personnel appointments that reflect a sharp departure from the priorities of his predecessor. On this page we will provide regular legal updates that discuss the impacts on our clients’ businesses around the world.

The First 100 Days: Legal insights for a new era

Listen and subscribe to The First 100 Days a podcast that explores the legal, regulatory and policy implications that the new US administration may have on global business. The podcast features our lawyers’ views on the topics that matter most to our clients.

Alert
FCPA Freeze and Refocus: Is Enforcement Becoming a Tool to Promote U.S. Economic, Foreign Policy and National Security Interests?
The First 100 Days podcast episode banner
Podcast
02: The future of trade between the US and Latin America
Will tariffs help rewrite the rules of international trade?
Alert
China Imposes Retaliatory Tariffs and Non-Tariff Measures in Response to Trump Tariffs
100Days_Insights_Hero_4000x1500
Insight
The First 100 Days: Legal insights for a new era
The First 100 Days podcast episode banner
Podcast
01: The fate of tax incentives for the energy transition
An exploration of Trump’s policy agenda and the hurdles it may face Listen and subscribe
Alert
Policy Watch: Status of US 25% Tariffs on Mexican Imports
Alert
Canada Imposes 25% Tariffs on United States in Retaliation to Trump Tariffs
Alert
President Trump Imposes 25% Tariffs on Canada and Mexico, and 10% Tariffs on China
Alert
FERC Terminates Draft Policy Statement on Climate Change Impacts of Natural Gas Infrastructure
Alert
Key Executive Orders for US Government Contractors to Watch – An Evolving Landscape Introduction
In the Media
Financial Times: Demand for sanctions compliance advice rises sharply
Alert
Trump Orders Moratorium on Federal Actions for Wind Projects and Withdrawal of New or Renewed Wind Leases in Outer Continental Shelf
Alert
US Withdrawal from the Paris Agreement: Impact and Next Steps
LIghthouse
Insight
Global merger control trends and outlook 2024/2025
Alert
Key Considerations for the 2025 Annual Reporting Season: Your Upcoming Form 20-F and other FPI-Specific Considerations
Alert
Key Considerations for Updating 2024 Annual Report Risk Factors
Alert
President Biden Bans Future Offshore Drilling in Certain Areas
steel bars
Insight
Mining & metals 2025: Poised on the chessboard of geopolitics
Geopolitics, which dominated mining & metals sentiment in 2024, promises to further fragment markets in 2025. To understand the market landscape, White & Case conducted its ninth annual survey of industry participants.
Alert
Finally, the Final HSR Rules: Key Takeaways for the New HSR Pre-Merger Notification Form
Alert
Preparing for the Administration Change: A Toolkit for Government Contractors and Grant Recipients
Alert
Key Considerations for the 2025 Annual Reporting and Proxy Season: Your Upcoming Form 10-K
Alert
USTR Opens Unprecedented Section 301 Investigation into Nicaraguan Labor Rights Practices
Video
To disclose or not: The pros and cons of voluntary self-disclosure
Alert
North America Prepares for 2026 USMCA Review and Potential Renegotiation
Alert
US Outbound Investment Program Takes Effect in January: What You Need to Know
Video
Regulators joining forces: What does it mean for companies?

Antitrust/Competition

With regulatory scrutiny ramping up globally, clients turn to us for innovative advice on cross-border M&A, disputes, cartel investigations and strategic questions to help move their businesses forward.
Antitrust/Competition

Antitrust/Competition overview

White & Case has one of the most globally recognized track records in antitrust law⁠—having handled many precedent-setting, industry-transforming competition matters of recent times.

One of the few antitrust teams situated across five continents with more than 315 lawyers in 28 offices and 19 countries, we bring an innovative and unified solution to the full range of competition issues in virtually all jurisdictions, focusing on merger clearance, cartel investigations, monopolization, class action defense, pharmaceutical antitrust litigation, state aid awards, foreign direct investment and compliance.

Clients choose us for:

  • Cross-border mergers and acquisitions, joint ventures, licensing and distribution arrangements, and criminal investigations
  • Trials/Litigation against governmental authorities and private parties
  • Global cartel investigations, including parallel civil Sherman Act class actions, European Union proceedings, extradition and extraterritorial discovery
  • Counseling on delicate and strategic questions

Fact-intensive, bold and creative strategies are the core of our approach. We have a reputation for helping clients realize their business goals through:

  • Challenging the legal status quo and advancing due process
  • Developing many innovative "firsts" in antitrust, precedents that our team has conceived of, implemented and won
  • Removing deal uncertainty
  • Averaging one trial every year in the United States⁠—more than any other antitrust practice
  • Becoming a leader in monopolization and abuse-of-dominance defense
  • Predicting legal trends before they enter the mainstream, while also analyzing whether or not that trend is relevant to our client's business

We know how important it is to truly understand our clients' needs and how they operate. That's why we have spent years developing our expertise in numerous and varied industries so that we are familiar with our clients' company cultures and can effectively communicate and work as a unified team. Our signature strengths include pharmaceuticals & healthcare, technology, financial institutions, energy and private equity.

Our team includes some of the most highly regarded lawyers in the field, including former senior officials from the US Department of Justice (DOJ), the US Federal Trade Commission (FTC), the European Commission's Directorate-General for Competition and the Japan Fair Trade Commission (JFTC).

We regularly engage with the world's most influential antitrust authorities through the multijurisdictional lawyers in our New York, Washington, DC, Tokyo, London, Brussels, Düsseldorf, Paris and Milan offices. With established teams in Beijing, Berlin, Cairo, Dubai, Frankfurt, Geneva, Hamburg, Istanbul, Mexico City, Prague, Riyadh, Shanghai, Sydney and Warsaw, we offer clients international reach, depth of local resources and seamless integration across offices.

Antitrust/Competition experience

Merger control

Largest petrochemical merger in world history

Saudi Aramco, the world's largest oil producer, in its successful US$70 billion acquisition of SABIC. White & Case secured unconditional merger approvals for the deal in 25 jurisdictions, including the EU, China, India and Brazil.

Facebook's largest single investment

Facebook's US$5.7 billion investment into a leading Indian ecommerce platform, Jio. The largest foreign direct investment into India's technology industry to date, as well as the largest investment worldwide for a minority stake by a technology company.

First 4-to-3 mobile phone merger in Europe to be unconditionally approved

Deutsche Telekom on its merger in the Dutch mobile telecoms sector between Tele2Netherlands (Tele2 NL) and T-Mobile Netherlands, approved unconditionally after a Phase II investigation by the European Commission.

Cartel investigations

Biggest DOJ antitrust jury trial defeat of the past ten years

Trial counsel to lead Forex trader for JPMorgan Chase and Royal Bank of Scotland, Richard Usher, in landmark Antitrust Division Section 1 price-fixing Sherman Act trial.

Nine cartel trials, nine wins

White & Case has taken nine cartel cases to trial. We won every one.

Seven-year six-continent US DOJ Antitrust Division grand jury investigation

France-based Nexans SA, the second-largest global copper and optical fiber cable products manufacturer for infrastructure, industrial and construction projects, throughout the globe including investigations in the EC, US and Australia. The DOJ Antitrust Division grand jury investigation closed with no action taken against Nexans, despite the cooperation of other parties and parallel investigations on six continents.

Antitrust litigation & class actions

Leading case for the proposition that non-trivial number of uninjured class members bars class certification

Won reversal of class certification by the US Court of Appeals for the First Circuit in an antitrust monopolization case where plaintiffs challenged the development of a new phthalate-free version of its ulcerative colitis drug, Asacol®. The case turned on the inability of class action plaintiffs to discern which members of a class action were uninjured. The landmark ruling, premised on the Seventh Amendment, precludes the previously widespread use of post-trial affidavits in class actions as a substitute for fact-finding by juries. The Asacol ruling is widely cited as the gold standard on class certification and has broad implications far beyond its antitrust context.

Largest antitrust class action jury trial of 2013

Trial counsel to Toshiba in its complete victory in a 2013 US civil jury trial concerning price-fixing allegations in the liquid crystal display (LCD) market (N.D. Cal.). At trial, Toshiba faced price-fixing claims totaling US$2.3 billion brought by a large retailer plaintiff that previously had opted out of class proceedings against Toshiba and other LCD manufacturers. Following a six-week jury trial, the San Francisco jury unanimously returned a defense verdict for Toshiba in September 2013, finding that Toshiba did not participate in an LCD price-fixing conspiracy and therefore did not cause any damages to the plaintiff.

Largest antitrust class action jury trial of 2012

Trial counsel to Toshiba in its 2012 direct purchaser (DPP) class-action jury trial, in which the class plaintiffs alleged cartel activity in the thin-film transistor liquid crystal display (LCD) market. Toshiba stood alone in taking the DPP civil class-action case to trial; all other defendants had settled for a total of approximately US$450 million. The jury awarded the class plaintiffs no recoverable damages against the nearly US$2.7 billion in damages the class plaintiffs had sought based on charges of price fixing.

Pharmaceutical antitrust litigation

First summary judgment in a "product hopping" case

Dismissal of all claims in precedent-setting summary judgment regarding pharmaceutical "product hopping" claims in the US.

First Article 102 decision overturned since the 1970s

Servier, a French pharmaceutical company, in its challenge of a European Commission decision on patent settlement agreements in pharmaceutical markets. The EU General Court partially annulled the decision, notably overturning all findings of abuse of dominance under Article 102 TFEU, the first time that a Commission decision on this issue has been fully overturned since the 1970s, and reducing the fine by more than €100 million.

Rare excessive pricing case in the UK

Co-counsel in Pfizer's appeal of the UK Competition and Markets Authority's decision on excessive pricing before the UK Competition Appeal Tribunal. The UK CAT annulled the Decision on June 7, 2018 and reverted the case back to the CMA, which appealed to the Court of Appeal, which upheld the CAT's quashing of the CMA decision in March 2020.

"Reverse payment" wins

Pfizer, Inc. in multiple class-action antitrust litigations challenging alleged "reverse payment" patent settlements and/or conduct in procuring patents in connection with the blockbuster products Lipitor, Effexor XR, Celebrex and Epi-Pen.

Allergan in multiple class-action antitrust litigations challenging alleged "reverse payment" patent settlements, product hopping and/or conduct in procuring patents, in connection with such leading products as Asacol, Loestrin, Namenda and Doryx.

Due process

Protecting constitutional rights in government amnesty agreements and first US federal court dismissal of a criminal cartel indictment

When the US Department of Justice Antitrust Division abruptly and unilaterally terminated an amnesty agreement with Stolt-Nielsen S.A. (the world's largest chemical tanker operator), White & Case defended Stolt against the resulting criminal antitrust indictment by bringing the fight back to the government. Arguing that the government violated Stolt's due process rights, White & Case convinced a federal court to dismiss the indictment in this landmark case, setting the precedent for defendants' rights in criminal amnesty agreements.

Protecting due process in dawn raids

On behalf of Nexans—and in an unprecedented move, never before attempted—White & Case challenged the European Commission's 2009 dawn raid on Nexans as a violation of Nexan's fundamental rights. Siding with White & Case, the General Court partially annulled the Commission's dawn raid decision—making history.

Protecting the right to confrontation in class actions

The First Circuit's groundbreaking ruling for Allergan/Warner Chilcott in the Asacol Antitrust Litigation advanced the protection of a defendant's constitutional rights in class actions, and has been relied on as precedent in the First Circuit and beyond to reject class certification where those rights are at stake.

European state aid

A number of Romanian investors who succeeded in obtaining an award of damages of €82 million against Romania for a breach of a Bilateral Investment Treaty, but faced a European Commission decision that the payment of such damages constitutes illegal state aid that must be repaid. The EU General Court annulled the decision in full in June 2019.

Electricité de France (EDF) in a case before the European Courts relating to the Commission's preliminary assessment that investments made by EDF prior to market liberalization in Poland and its accession to the EU constituted illegal state aid.

Competition compliance

Advising the European operations of a world-leading manufacturer of material handling equipment in relation to the distribution of its products via sales subsidiaries and independent distributors.

Major bottling company in developing a compliance program including carrying out mock dawn raids and follow-up antitrust due diligence.

Areas of focus

Only team to win "Competition Group of the Year" 7 times

Law360

Only team to win "Competition Group of the Year" 7 times
Law360

Top 3 in the "Global Elite"
GCR 100 2023

Top 6
Cross-Border Antitrust
Chambers Global 2023

Band 1
Antitrust: Cartels
Chambers USA 2023

Tier 1
Antitrust: Cartels
The Legal 500 US 2023

Tier 1
Antitrust: Class Actions
The Legal 500 US 2023

Tier 1
Antitrust & Competition International Firms and Joint Ventures (Japan)
The Legal 500 Asia Pacific 2023

"The global Antitrust team at White & Case is second to none. They are a true one-stop shop, where the firm's offices work as one team trying to solve their clients' business needs."
The Legal 500 US 2021

"It has wide experience, deep bench strength and is able to expertly navigate the hurdles that foreign jurisdictions provide. Its ability to cover a vast geography ensures its clients receive Rolls-Royce service internationally."
Chambers USA 2021

"If you want fighters, White & Case is the firm to go to."
Global Competition Review 2019

"It seems like most of the winning defense strategies you see used in today’s pharma antitrust matters can be traced back to arguments that the White & Case team came up with, and oftentimes won on, in some earlier litigation."
The Legal 500 US 2022

"White & Case LLP has a strong record in securing clearances for business-critical, global transactions, and is a destination practice for a number of high-profile deals, handling DOJ and FTC investigations, regulatory challenges, and multijurisdictional approvals."
The Legal 500 US 2023

"The White & Case team is able to take incredibly complicated concepts and simplify them in ways to make them easy to digest and accessible."
Chambers USA 2023

"The White & Case competition practice also promotes an inclusive culture within their team and beyond."
The Legal 500 EMEA 2022

International Trade

As governments seek greater influence in global trade, we help clients navigate a multitude of complex rules, procedures and exceptions that might otherwise prove highly disruptive.
International Trade

International Trade overview

Government actions increasingly affect companies involved in the global trade of goods and services. Whether governments are negotiating multilateral, regional or bilateral trade agreements, or revising national laws and regulations, the immediate result is likely to be a thicket of rules, procedures, and exceptions. This can mean an even more difficult business environment.

Our International Trade group helps clients manage the risks and maximize the opportunities associated with the increasing regulation of international trade in goods and services. Our practice extends globally and provides a range of services designed to match the scope of global trade regulation and to answer the needs of our clients wherever and whenever they arise.

Practice highlights

  • An interdisciplinary global trade practice with lawyers and trade professionals operating in 13 countries
  • One of the world's largest and most active practices in trade remedies, i.e., anti-dumping, countervailing duty and safeguard measures (in the US and other key markets around the world)
  • One of the world's largest and most active practices, led by the Geneva office, in the law of the World Trade Organization (WTO)
  • An active practice helping companies facing national and multinational export control restrictions and sanctions
  • Broad experience assisting companies in defending their intellectual property rights in Section 337 import investigations
  • A global team to assist companies with customs matters in all key markets
  • A knowledgeable team that thoroughly understands the bilateral and regional trade agreements that affect our clients' interests
  • Trade due diligence advice to assist corporate clients in M&A transactions
  • Extensive experience working with sovereign governments, including assistance in drafting the trade laws of many countries
  • In-depth industry knowledge, ranging from honey to semiconductors and advanced steel products; we know our clients’ business.

A dynamic practice shaped to meet our clients' needs

Few trade problems are purely legal, and having lawyers working alone is not always the best approach to helping a client. We bring an inter-disciplinary approach, combining quantitative, legal and policy expertise with decades of experience.

Like our clients, we deliver our services across borders, often with teams that speak the local language and are culturally sensitive. Our professionals are located in the main trade regulatory centers—including Washington, Brussels, Geneva, London, Mexico City, and Tokyo—and they work together in integrated teams whenever necessary to help our clients. We deliver a world of trade expertise to our clients.

Areas of focus

Ranked Band One:
Chambers Global 2024: International Trade/WTO
Chambers Asia-Pacific 2024: International Trade/WTO
Chambers China 2024: International Trade/WTO
Chambers USA 2023: International Trade – CFIUS Experts

Ranked Tier One:
The Legal 500 EMEA (Switzerland) 2024: WTO
The Legal 500 USA 2023: International Trade: CFIUS
The Legal 500 USA 2023: International Trade: Trade Remedies & Trade Policy

International Trade Practice Group of the Year: 2015, 2022, 2023
Law360

"White & Case has a highly-regarded team that is routinely picked out for its impressive and comprehensive international trade and WTO practice. It hosts an impressive international offering, comprising market-leading teams in Japan and China, as well as highly rated practice groups in Washington, Brussels and Geneva [offering]:

  • Experience in trade remedy, customs and sanctions work, and notable strength in CFIUS-related matters.
  • An impressive trade defence practice, successfully representing governments and major conglomerates.
  • Notable activity in anti-dumping and safeguard investigations in both Europe and the USA.
  • An imposing presence in the Asia-Pacific region, frequently handling WTO disputes with Japanese and Korean elements."

Chambers Global 2024: International Trade/WTO

"What is nice about working with White & Case is that I can have an issue that needs to be covered globally, and they can provide advice that is synthesized and useful on a global level."
Chambers Global 2021: International Trade/WTO

White Collar/Investigations

Regulatory activity is on the rise worldwide. Our global team supports clients facing civil and criminal liability in complex, high-stakes investigations and enforcement actions.
White Collar/Investigations

White Collar/Investigations overview

Multinational companies face growing legal challenges around the world. Fines levied against corporations by various national regulatory agencies are on the rise and enforcement activity is growing. Crimes ranging from bribery and money laundering to sanctions and securities violations and fraud are all drawing more attention. As individual countries aggressively seek to regulate conduct beyond their borders, cooperation and information-sharing by law enforcement and regulatory authorities around the world is intensifying.

Managing multijurisdictional complexity and risk

Our global team regularly handles a wide range of complex, high-stakes and multijurisdictional legal matters. We address the risks and complexities arising from investigations and enforcement actions. With our global footprint, experience and skill, we provide comprehensive and cost-effective representation and advice to clients facing exposure to civil and criminal liability, whether in a single jurisdiction or across many. Our team includes former regulators and prosecutors from a number of agencies, including the US Department of Justice, US Securities and Exchange Commission, State Prosecutor's Offices in France, Public Prosecutor's Offices in Germany, and UK Financial Services Authority (predecessor to the Financial Conduct Authority).

Our experience covers every phase of corporate compliance and regulatory enforcement. We provide advice and representation related to risk assessments, compliance reviews, compliance programs, investigations, and civil and criminal enforcement matters and associated civil claims. We also advise on the application of global sanctions, export controls, and national securities regulations - areas of law that change frequently. We assist companies in key areas of regulatory focus, such as money laundering and anti-corruption, including under the US Foreign Corrupt Practices Act (FCPA), UK Bribery Act, and Office of Foreign Assets Control (OFAC) statutes and regulations.

Cross-practice strength and worldwide experience

We offer clients the benefit of seamless coordination among multiple offices and practice areas to address their needs. With our worldwide data protection and privacy experience, we can handle these matters in accordance with increasingly complicated rules in this area. Our local law experience and language skills in numerous countries also allows for efficient and cost-effective representation. We have also built a track record of working closely with internal company legal, audit and management teams, reducing costs and minimizing the disruption that results from investigations.

In the United States, our lawyers have extensive experience with oversight agencies and offices at the state and federal levels. Beyond the United States, we assist clients with matters involving agencies across the globe, including in the United Kingdom (Financial Conduct Authority), France (Autorité des Marchés Financiers), Germany (Bundesbank and BaFin), and elsewhere in Europe, Latin America and Asia.

The London White Collar team has been awarded the Legal500 2018 Firm of the Year award for "Risk Advisory: Regulatory Investigations and Corporate Crime".

White Collar/Investigations experience

Fraud and conspiracy convictions overturned in Varsity Blues case

We successfully defended US businessman John Wilson against claims of conspiracy, bribery and fraud by the US government in connection with the "Varsity Blues" college-admissions investigation. The government charged more than 50 individuals, with all but three being convicted of corruption involving college admissions. Wilson contested the government's charges, and the US Court of Appeals for the First Circuit reversed convictions against him on seven out of eight charges, upholding only a technical tax count. Following remand, the government dismissed all the fraud, bribery and conspiracy charges rather than retry them, but sought the same sentence for the tax violation—15 months' incarceration—that Wilson had received before his appeal. In a highly contested sentencing, our team sought a non-custodial sentence, and the court agreed, ordering no prison time for Wilson and telling the prosecutors that with respect to the college admissions charges, "you fundamentally lost."

Special Litigation Committee of the Board of Directors of a Fortune 25 company

Representation of the Special Litigation Committee of the Board of Directors of a Fortune 25 company. The Board received a shareholder derivative demand that it commence proceedings against various officers, directors and external advisors in connection with addressing highly publicized transactions and financial reporting. We thoroughly investigated the allegations, and advised the special committee with respect to its response to the shareholder demand.

Audit committee of a paper products and packaging manufacturer

Representation of the audit committee of a US paper products and packaging manufacturer in an internal investigation into possible violations of company policies by senior executives regarding the reporting of corporate gift income.

Audit committee of international telecom company

Representation of the audit committee of a European-based publicly-traded multinational telecommunications company in an internal investigation of possible FCPA violations involving transactions in multiple countries and before US and foreign regulators.

Leading global financial institution

Representation of a leading global financial institution in investigations by the French, UK, US and Asian regulatory authorities into the setting of LIBOR, EURIBOR and other benchmark rates.

Publicly-traded multinational corporation

Representation of a publicly-traded multinational technology corporation in connection with a US Department of Justice/Securities & Exchange Commission investigation into possible FCPA violations related to the operations of a European subsidiary.

Senior management of global financial institution

Representation of senior management and business officials in connection with criminal and civil investigations by US Department of Justice, New York District Attorney, New York Department of Financial Services and the Federal Reserve Bank of New York into OFAC and reporting violations of a foreign bank allegedly engaged in transactions with countries sanctioned by OFAC. Representation included Mutual Legal Assistance Treaty (MLAT) proceedings in the EU, and criminal law proceedings before US and New York State law enforcement agencies.

Private equity fund

Representation of the Board of Directors of a US private equity fund in an internal investigation involving possible FCPA violations by the Latin American subsidiary of a US portfolio company.

Multinational conglomerate

Representation of a publicly-traded, multinational conglomerate in a global, risk-based FCPA compliance audit of operations in more than 70 countries and related internal investigations at numerous subsidiaries, including in the manufacturing services and healthcare sectors.

Multinational chemical company

Representation of a US-based multinational chemical company in an investigation by the Department of Justice and Department of Homeland Security into possible violations of the False Claims Act and US customs laws.

International commodities company

Representation of a South American-based international commodities company publicly-traded on US and foreign exchanges, in connection with a Securities & Exchange Commission accounting and reporting fraud investigation, Section 10b class action federal court proceedings, and a home country regulatory investigation.

Areas of focus

White & Case are excellent and can handle the most complex and sophisticated matters.

Client quotes, Chambers USA 2024

Band 2: Highly Regarded
White Collar/Investigations Practice
Chambers USA 2024, New York, Massachusetts

Regularly called upon by both individuals and companies from industries including life sciences and financial services for sophisticated representation in criminal trials, appeals and investigations.
Chambers USA 2024 editorial

"White & Case are excellent and can handle the most complex and sophisticated matters." 
"The team is excellent in terms of both expertise and experience."
Client quotes, Chambers USA 2024

"Fielding a 'very responsive and skilled' outfit, the White & Case LLP white-collar practice has extensive experience of handling multi-jurisdictional investigations brought by domestic and global enforcement authorities in relation to bribery, money laundering, and tax evasion."
The Legal 500 UK 2024: Regulatory Investigations & Corporate Crime

"White & Case LLP has 'excellent breadth' in its white-collar and investigations team, frequently advising clients in multi-jurisdictional criminal investigations relating to data, money laundering, and regulatory matters. The firm draws on its network of international offices to provide guidance to c-suite executives, high-net-worth individuals, and politicians subjected to proceedings conducted by domestic and foreign enforcement agencies, including the SFO, US DOJ, and FCA."
The Legal 500 UK 2024: Fraud: White Collar Crime, Advice to Individuals

"White & Case has an expert team frequently retained for its expertise in handling both internal and external investigations."
"The team is very strong on providing strategic advice. They understand what government agencies are likely to be focused on."
Chambers USA 2023: New York – White Collar Crime

"They are really the people we are the most confident with, they provide us with the best service we can get. They are a global firm so they can provide advice in any jurisdiction where we are working, they have a client-oriented approach and they are just amazing in terms of timelines."
"I turn to them for complex cases. They have expertise and they are one of the rare firms that takes a position on the subjects. The lawyers' conclusions and analysis give us a real direction to follow."
Chambers Europe 2023: France – Corporate Compliance & Investigations

"The team at White & Case simply go above and beyond for their clients."
"The standout difference I found with W&C compared to other firms is a complete lack of fear when defending a case."
The Legal 500 US 2022: Dispute Resolution: Corporate Crime & White Collar Defense

GIR 30 Elite Investigations Firm
Global Investigations Review 2015 – 2021

"Active across the US and also globally through its international office network, the firm is a strong player in large civil and criminal investigations, and enforcement matters."
The Legal 500 US 2021: Dispute Resolution: Corporate Crime & White Collar Defense

"The team has deep anti-money laundering knowledge as well as a very strong investigations practice, which is able to handle cross-border investigations skillfully owing to its global reach."
The Legal 500 UK 2021: Regulatory Investigations & Corporate Crime (Advice to Corporates)

"Top notch representation." "They leave no stone unturned and consistently exceed expectations."
Chambers USA 2021: White Collar Defense & Investigations

Band 1 Corporate Compliance & Investigations
Chambers Europe, France 2020

"White & Case provide advice at the very highest level—there is nobody better for complex, high-stakes and multi-jurisdictional legal matters.'
The Legal 500 UK 2020: Regulatory Investigations & Corporate Crime (Advice to Corporates)

Regulatory & Compliance

As companies face growing scrutiny from regulatory bodies globally, we help them navigate evolving frameworks across jurisdictions, markets and industries to keep business running smoothly.
Regulatory & Compliance

Regulatory & Compliance overview

Regulatory frameworks are constantly evolving across sectors and around the world. As transparency rises in importance and the costs of non-compliance with laws and regulations increase, businesses everywhere strive to adapt to the growing pressure from regulatory bodies.

With our extensive knowledge of local regulations and our multijurisdictional capabilities, we are well-positioned to help clients around the world deal effectively and creatively with regulatory and compliance issues. As business has globalized and cross-border transactions have become more complex, the ability to provide appropriate counsel across jurisdictions becomes all the more important.

Our clients come to us to understand their responsibilities, manage risk and lessen the impact of complex regulatory regimes on their transactions or day-to-day operations. Our strong relationships with members of oversight agencies give us the basis to counsel clients with a current and fully informed perspective. We commit our global resources to helping them meet regulatory requirements and keep their businesses running smoothly, no matter where they are based.

We have extensive experience in banking and financial services where we advise on all aspects of regulatory compliance and contentious issues involving the banking, capital markets and investment fund sectors. Our objective is to create sophisticated strategies that safeguard our clients’ assets and reputations and enable them to concentrate on pursuing their business objectives with confidence, which is helped by the substantive involvement we have had in the development and implementation of current US, UK and EU legislation and related guidance.

In the power industry in the US we have pioneered strategies to protect market participants from the vagaries of an unstable market design and have helped our clients navigate the resulting market failures. Our Energy Markets and Regulatory Group assists clients with regulatory issues, energy project financings, energy company or asset sales and acquisitions, workout assessments, restructurings or bankruptcies and bet-the-company litigations. We work hard to find goal-orientated solutions to the challenges that our clients face based on our extensive understanding of how energy markets work.

At White & Case across all our practices, the industries we work with and the countries in which we do business, we provide advice on complex regulatory matters including in:

  • Chemicals
  • Consumer protection
  • Data protection & privacy
  • Energy
  • Environment (including climate change)
  • Financial institutions
  • Product liability & product safety
  • Public procurement
  • Telecommunications, media and technology
  • Other EU regulatory matters (agricultural, import/export, pharmaceutical and medical devices, sport/gaming, specific product regulation, etc.)

Regulatory & Compliance experience

ICBC / Standard Bank business acquisition, ongoing

We are currently advising ICBC, the largest bank in the world by total assets and market capitalization and one of China's so-called "Big Four" state-owned commercial banks, in relation to the acquisition of Standard Bank PLC. This is a significant transaction for ICBC involving the acquisition of the global markets business of South African institution, Standard Bank PLC.  Our London and New York-based regulatory teams have provided advice on a number of complex regulatory issues relating to the structure of the deal, including advice on the restructuring of the Standard Bank Group and the extraction of the investment banking business from Standard Bank PLC prior to the acquisition.

Russian financial institution, ongoing

We advise a Russian banking group in connection with its risk mitigation and reporting requirements under the European Market Infrastructure Regulation (EMIR), in particular the procedure for entering ISDA protocols and the impact of the regulations on both the bank in Russia and on its European subsidiaries. We have also been advising on the application of Russian sanctions and their impact on the ability of the bank to access funding through the capital markets.

Occidental Petroleum, 2013

We represented Occidental Petroleum in a case of first impression in which we successfully challenged state protocols and US federal laws to secure the right to sell surplus electricity to the US power grid in California. Careful navigation of the regulatory path led to a solution that avoided pitting state and federal authorities against each other, and ultimately allowed the company to refocus its strategy to increase oil and gas production at its Elk Hills Oil Field while improving efficiency and lowering operating costs. Our work on this matter earned a "Standout" ranking, the highest ranking possible, by the Financial Times in its FT North America Innovative Lawyers 2014 report and Dan Hagan, the Firm's lead lawyer on the matter, was "Commended" for his work.

First Chinese bank acquisition of a US bank

We represented Industrial and Commercial Bank of China Limited ("ICBC"), the largest bank in the world in terms of total market capitalization, customer deposits and net profit, in the acquisition of an 80 percent interest in The Bank of East Asia (USA) National Association. The transaction, which required Federal Reserve Board approval and marks the first-ever acquisition of a US retail bank by a Chinese bank, was featured as one of the "Most Innovative M&A Transactions in the United States" by The Financial Times (2012). The transaction also received an "M&A Deal of the Year Award" by The M&A Advisor (2012) and Asian-MENA Counsel (2012) and was named "Outbound M&A Deal of the Year" by China Business Law Journal (2012).

Electric reliability investigations, 2011

We represented a public utility client in six concurrent investigations conducted by federal and state regulators into blackouts that occurred in the Southwest United States. The investigations were the first multiagency review of an electric reliability event under the mandatory electric reliability standards that resulted in joint agency findings. Each investigation concluded without a finding of any violation by our client.

Asian government

We advised an Asian government on the progress of the Emissions Trading Scheme (ETS) Phase III legislation through the EU institutions, with a particular focus on linkage of the EU ETS with other Kyoto Protocol systems. Our representation included organizing and accompanying the client on a fact-finding mission to an EEA country to meet officials running the ETS and visits to CCS projects.

A leading tobacco products manufacturer

We advise a leading tobacco products manufacturer on a wide range of environmental and product safety issues at national level and at EU level.  We handle all regulatory questions for this client globally throughout our large network of offices.  This requires a combined knowledge of environmental legislation, product safety legislation and public health legislation.  We assist this client with the launch of products in new markets and advise them on a daily basis on any questions concerning all national or EU requirements applicable to their products.

Foreign Direct Investment (FDI) Reviews

FDI reviews are becoming a common part of cross-border transactions. We advise on the full deal life cycle, from advance strategic preparation to obtaining timely approvals. 
Foreign Direct Investment (FDI) Reviews

Foreign Direct Investment (FDI) Reviews overview

National security reviews of foreign direct investment (FDI) are becoming more prevalent—and more stringent—in countries throughout the world, and can play a critical role in cross-border transactions.

Without a proper strategy at the start of a transaction, FDI reviews can become deal breakers or expose transactions to legal challenges and increased costs. Advanced planning can also help avoid unexpected impacts on the target business's operations and restrictions on the investors' rights with respect to the target.

The expansion and enhancement of FDI review regimes globally—including an expansion of industries subject to review beyond traditional defense-related industries—underscores the need for effective FDI counsel in all relevant countries, from a transaction's inception through its completion. Advance preparation and implementation of a clear foreign investment review strategy are invaluable to obtaining timely approval of transactions consistent with deal objectives.

White & Case has an extensive and integrated global network of FDI practitioners who routinely navigate clients through these evolving and increasingly challenging regulatory landscapes. 

Global FDI reviews

Countries worldwide have been aggressively developing or bolstering their FDI review regimes in the past several years, and this trend will continue. A multi-national transaction can face FDI reviews in a number of jurisdictions, raising a variety of timing and substantive challenges. Different countries' processes reflect a variety of key nuances, including whether review is mandatory or voluntary, which industries and transactions are subject to review, how likely mitigation measures are to be required and the timing implications of reviews. Managing FDI review requirements in transactions—often simultaneously in a number of countries—is a complex and increasingly critical aspect of cross-border deal planning. 

White & Case's FDI Reviews & US National Security/CFIUS practice includes FDI specialists from throughout our extensive global network providing specialized expertise on FDI review processes in a wide range of countries.

  • We have a market-leading Committee on Foreign Investment in the United States (CFIUS) team in the United States, which is discussed in more detail below.
  • In Europe, we have highly experienced FDI experts in the key countries with active or expanding FDI review regimes, including Germany, France, the United Kingdom, Italy, Denmark, Finland, Norway, Poland, Spain, Czech Republic, Türkiye, and Russia. While there is still no standalone FDI screening at the EU level, the EU continues to push for a coordinated approach towards foreign direct investments into the EU. The key instrument is the EU Screening Regulation entering into force on October 11, 2020. Other legislative options are also being contemplated, including the introduction of new tools to control the acquisitions and activities of foreign-subsidized companies in the EU. In addition, the EU has stepped up to ensure a coordinated approach towards investments into health-critical EU assets during the COVID-19 pandemic. We are uniquely placed to help clients navigate the complex framework throughout the EU and Europe at large.
  • We have FDI experts throughout the Asia Pacific region, including Australia, China, Japan, Singapore, and India.
  • Our team also provides FDI expertise in the Middle East, including Saudi Arabia and the United Arab Emirates.

Even in countries where we do not have specialists, our FDI lawyers have strong relationships with experienced local counsel to provide truly global FDI coverage for our clients. 

Our FDI specialists work seamlessly with White & Case’s global M&A lawyers, ensuring a fully coordinated team approach to successfully navigate deals to closing. White & Case’s experienced teams develop and implement comprehensive strategies to ensure cross-border transactions are successful, completed in a timely manner and meet our clients’ deal objectives. 

US FDI Expertise

CFIUS Reviews

White & Case’s top-ranked Committee on Foreign Investment in the United States (CFIUS) team is widely recognized as a market leader on national security matters relating to FDI into the United States. Our team includes highly experienced practitioners well attuned to our clients’ business needs, as well as former CFIUS and Department of Defense officials who offer government-insider perspectives that have proven invaluable to our clients.

White & Case’s CFIUS lawyers are highly specialized and have unparalleled experience counseling clients on CFIUS matters and guiding them through the CFIUS process. We advise deal parties and related third parties on the full range of issues relating to CFIUS, many of which have become increasingly complex as the CFIUS landscape and regulatory regime has evolved. Where appropriate, we also work in conjunction with lobbying, public relations and consulting firms to develop and execute comprehensive strategies in support of sensitive transactions.

We routinely represent companies in CFIUS matters in all stages of a deal, including:

  • Deal structuring and other strategic planning
  • Negotiating purchase agreement terms to ensure client protection
  • Conducting detailed due diligence to determine potential areas of national security concern and assess specific risks associated with the given transaction
  • Assessing complex CFIUS jurisdictional matters, including applicability of mandatory filing requirements
  • Developing and implementing strategies for engaging relevant government officials and facilitating a smooth process
  • Preparing CFIUS filings and managing follow-up inquiries
  • Negotiating CFIUS mitigation requirements, the details of which can have substantial operational and cost implications for clients
  • Guiding companies through mitigation implementation and helping them ensure compliance with mitigation requirements

Foreign Ownership, Control of Influence (FOCI) mitigation

White & Case's FDI Reviews & US National Security/CFIUS team has unequaled experience developing and advising clients regarding plans to mitigate FOCI under the US National Industrial Security Program, enabling companies under FOCI to bid and perform on classified US government contracts and subcontracts.

Our lawyers have extensive experience navigating companies through the FOCI mitigation process, both in connection with transactions resulting in a cleared company coming under FOCI and for existing companies under FOCI entering the classified market. We work with clients to develop an appropriate FOCI-mitigation plan—such as a Special Security Agreement, Proxy Agreement, Security Control Agreement or FOCI Board Resolution. 

In the deal context, we also help companies implement interim FOCI-mitigation measures to enable the cleared company to continue to perform on its classified contracts between closing and execution of its FOCI-mitigation arrangement. Additionally, we advise clients on a wide range of ongoing FOCI-related compliance matters, which can be highly complex and require experienced support.

As part of guiding clients through the numerous requirements and nuances necessary for the US government to allow companies with foreign ownership to perform on highly sensitive classified contracts, our lawyers have extensive experience developing FOCI-related compliance plans. These include an Affiliated Operations Plan (AOP), which enables FOCI-mitigated companies to have a variety of shared services and commercial arrangements with non-mitigated affiliates; an Electronic Communications Plan (ECP) to address electronic security measures; a Technology Control Plan (TCP) to address US export-control requirements; and a Facilities Location Plan (FLP) to enable a FOCI-mitigated company to be located in close proximity to a non-mitigated affiliate. AOPs, ECPs, TCPs and FLPs are highly specific to the given cleared company and form the operational backbone and compliance framework in which companies operate under the FOCI-mitigation agreement. 

FOCI mitigation is a highly complex area with critically high stakes for clients, whose ability to bid and perform on classified contracts is often fundamental to their business. Few law firms specialize in this area, and none has our breadth and depth of experience on FOC-mitigation matters.  

Team Telecom reviews

Telecommunications transactions involving Federal Communications Commission (FCC) licenses may require a review by the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, which is commonly referred to as “Team Telecom.” Team Telecom advises the FCC on national security and law enforcement aspects of foreign involvement in the US telecommunications services sector. 

Our lawyers are experienced in guiding clients through the Team Telecom process, including:

  • Assessing whether a Team Telecom review is likely to be required
  • Assessing potential substantive risks associated with a given transaction
  • Developing and implementing an appropriate strategy for managing the Team Telecom process, including in parallel with other national security processes such as CFIUS review
  • Engaging relevant US government officials and managing the review process
  • Addressing complex information requests
  • Negotiating mitigation measures to enable the US company to retain its FCC licenses under foreign ownership

Foreign Direct Investment (FDI) Reviews experience

Global FDI

Japanese company in multi-billion dollar cross-border transaction requiring FDI analysis covering over 40 countries, including FDI reviews in multiple jurisdictions.

UK-based private equity group regarding FDI issues in multiple jurisdictions related to contemplated cross-border deal. 

European defense company on FDI issues in connection with the sale of a business with operations in a number of countries to another non-US buyer, including reviews in multiple jurisdictions.

EADS (now Airbus) on the German FDI review of the formation of the Atlas Elektronik JV with ThyssenKrupp

A US company in the German FDI review of a divestiture of a global business involving lawful telecommunications interception (cleared with remedies).

Japanese Company in the acquisition of a German company involving FDI assessments of more than 15 jurisdictions and a German FDI review.

Advice to various defense, energy, technology, and healthcare companies on German FDI filing requirements and representation through the review process.

A wide range of foreign investors (including foreign government investors) regarding FIRB issues, including FIRB applications for various infrastructure and renewable energy developments in Australia.

Representation of Boussard & Gavaudan, together with Apax France and Altamir, in relation to the sale of additional share capital and voting rights stake of Gfi Informatique an international leader in SAP solutions to Mannai Corporation.
 
Advice and assistance to IK Investment Partners in connection with its acquisition of Exxelia Group, a global leading manufacturer of customised passive components.

Representation of Safran USA, Inc. on certain aspects of its US$723 million sale of Morpho Detection, Inc. (explosive detection and aviation screening) to Smiths Group plc.
 
Representation of FCC Aqualia on its acquisition of the French water company SPI Environnement.
 
Representation of a leading German provider of software and hardware solutions on its acquisition of a French company providing data-management solutions.
 
Representation of a Belgian MedTech investor on its acquisition of a leading French company active in genomic research.

US FDI

Chinese company Will Semiconductor on the CFIUS review of its US$2.2 billion acquisition of Beijing OmniVision Technologies, which designs and develops image sensors.

CFIUS counsel to Australian-based IFM Investors regarding its acquisition of Buckeye Partners, L.P., which has one of the largest diversified networks of integrated midstream assets, in an all-cash transaction valued at US$10.3 billion enterprise value and a US$6.5 billion equity value.

Canadian-based Brookfield Asset Management Inc. regarding the CFIUS review of its $8.4 billion acquisition of Genesee & Wyoming Inc., which owns or leases 120 freight railroads worldwide.

Outbrain Inc., a digital advertising company, on CFIUS matters with respect to the acquisition of Outbrain’s share capital by Israel-based Taboola.com Ltd.

Safran, a French aerospace and defense company, in various CFIUS reviews, including with respect to its $7.7 billion acquisition of Zodiac Aerospace. We have also represented Safran on FOCI mitigation matters enabling certain of its US subsidiaries retain US security clearances.

Chinese private equity group on CFIUS matters in connection with several semiconductor- and technology-related transactions.

AIXTRON in the CFIUS review in connection with the sale of its Chemical Vapor Deposition (CVD) and Atomic Layer Deposition (ALD) business to Eugene Technology, Inc., a South Korean company.

Capgemini, a European information technology company, on CFIUS and industrial security matters pertaining to its acquisition of Leidos Cyber.

SDIC Fund Management, a Chinese investment firm, regarding CFIUS issues related to an investment by Future Industry Investment Fund, a Chinese limited partnership for which SDIC Fund serves as the general partner, into Joyson KSS Holdings, a maker of automotive safety solutions.

AMP Capital, an Australian financial services company, in CFIUS and Team Telecom reviews in connection with its acquisition of Everstream, a US super-regional network service provider providing fiber-based Ethernet, internet, and data center solutions.

Japanese conglomerate holding company before CFIUS in connection with multiple transactions in the technology space.

Japanese company in several acquisitions of US information technology consulting companies, including establishing a Proxy Agreement to mitigate FOCI.

Taiwanese company regarding CFIUS issues in connection with its acquisition of a US manufacturer of silicon wafers.

State-owned petrochemical company in the Middle East and its US branch regarding CFIUS issues in connection with several transactions in energy and industrial industries.

Eastern European investor in the CFIUS review and investigation of its acquisition of mining assets in the US.

CFIUS counsel to Middle Eastern Sovereign Wealth Fund in connection with the acquisition of interests in several wind farms.

Representation of numerous companies regarding the establishment of FOCI mitigation agreements and/or compliance with FOCI mitigation agreements, including companies with ownership from Australia, Austria, the British Virgin Islands, Canada, the Cayman Islands, Denmark, France, Ireland, Italy, Japan, the Netherlands, Spain, Sweden, Switzerland, and the United Kingdom.

Highlighted Insights

roads
Insight
Foreign direct investment reviews 2025: A global perspective
Understanding the ever-evolving global FDI landscape is crucial amid growing regulatory complexities in cross-border transactions and increased geopolitical tensions.
Foreign direct investment reviews 2024: A global perspective
Insight
Foreign direct investment reviews 2024: A global perspective
Understanding the ever-evolving global FDI landscape is crucial amid growing regulatory complexities in cross-border transactions

Areas of focus

Related services

With robust experience in this field, White & Case provides clients with tailor-made solutions and balances regulatory compliance goals and commercial intention.

Chambers USA 2025

Nationwide International Trade: CFIUS
Chambers Global 2017-2025 – Band 1

Nationwide International Trade: CFIUS
Chambers USA 2017- 2025 – Band 1

International Trade: CFIUS
The Legal 500 United States 2023 – 2025 – Tier 1

"White & Case has a very practical approach. It is solution-oriented and is understanding of business needs, balancing risks and resources."
"Their command of the US and international laws is quite instrumental for us."
"With robust experience in this field, White & Case provides clients with tailor-made solutions and balances regulatory compliance goals and commercial intention."
Chambers USA 2025 – client quotes

Awarded Practice Group of the Year in International Trade by Law360 2024

Farhad Jalinous is recognized as "Hall of Fame" for International Trade: CFIUS by The Legal 500 US 2025

US Public Company Advisory

Faced with shifting regulatory and governance demands in the US, public companies from around the world turn to us for help complying with US securities laws and listing requirements.
US Public Company Advisory

US Public Company Advisory overview

Our public company clients face continuously evolving regulatory requirements, legal obligations and corporate governance challenges and trends. We advise US and non-US public companies on their day-to-day affairs, crisis and other special situations and all aspects of their compliance with the US securities laws and the listing requirements of the major US exchanges.

Our Public Company Advisory Group (PCAG) is at the forefront of all issues to keep clients informed of recent and pending developments and strategic trends in securities, corporate governance and executive compensation advisory.

We focus exclusively on public company representation and assist our clients with respect to, among other things:

  • Exchange Act reporting
  • Materiality and disclosure determinations
  • Proxy statement review
  • Shareholder proposals and activism
  • Corporate governance best practices
  • NYSE/NASDAQ governance requirements
  • Director independence
  • Auditor independence
  • Executive compensation
  • Insider trading issues
  • Rule 10b5-1 trading plans
  • Employee-related securities law matters
  • ISS/Glass Lewis reports
  • Annual meeting matters
  • Share repurchases (including ASRs)
  • Board and committee materials
  • D&O indemnification and insurance
  • SEC comment letter process
  • Charter/by-law review
  • Management succession
  • Crisis management
  • FINRA trading reviews
  • Rule 144
  • Schedule 13D/13G
  • Section 16
  • In-house "boot camp" training

Our clients range in size and maturity from newly public to mature companies and small cap companies to global Fortune 500 companies.

We work with partners across White & Case in a range of disciplines that focus on assisting public companies. This work often includes preparatory and risk mitigation efforts in the following areas:

  • Antitrust
  • Arbitration
  • Data privacy and cybersecurity
  • Employment, compensation and benefits
  • Environmental compliance
  • Financial restructuring and insolvency
  • Intellectual property
  • Investigations and enforcement
  • Liability management
  • Mergers and acquisitions
  • Securities and commercial litigation
  • Tax

Learn about our US Public Company Advisory work

Related services

They are really experts in the corporate governance matters, they work by the client times and needs.

The Legal 500 US 2024 - Corporate Governance

Highly regarded: Corporate Governance
Legal 500 US, 2021 - 2024

"They are really experts in the corporate governance matters, they work by the client times and needs."
"The team is client-oriented and very clear in their legal opinions."
"White & Case represents complex public companies and their expertise in foreign private issuers is a huge positive. They are solutions oriented and very practical with their advice."+
"The team is able to package their strong command of corporate governance laws and regulations, and emerging trends in the area, into actionable advice crafted with proper consideration for our company’s commercial realities."
The Legal 500 US 2024 - Corporate Governance 

Economic Sanctions & Export Controls

Amid evolving global crises, our team advises on export controls, economic sanctions and national security measures, helping businesses comply with regulations across jurisdictions.
Economic Sanctions & Export Controls

Economic Sanctions & Export Controls overview

Against the background of recent international events involving Ukraine, Russia, China, Iran, Venezuela, and North Korea, among others, complex export controls, economic sanctions and trade embargoes continue to evolve.

White & Case's global team for Economic Sanctions & Export Controls routinely advises clients across a variety of industries in carrying out global business in compliance with export controls, economic sanctions and national security restrictions administered by the United States, the European Union, the United Kingdom, Japan, Singapore and Australia, among other jurisdictions throughout the world. White & Case also advises on UN sanctions, both as a stand-alone regime and as implemented by various UN members.

Cross-border capabilities

White & Case has an experienced global team that collaborates seamlessly to offer cross-border counseling in major regulatory and business centers around the world. Our offices in Washington DC, New York, Brussels, London, Stockholm, Tokyo, Hong Kong, Beijing and Melbourne, among other locations, house sanctions and export control lawyers and professional advisors of many nationalities who are fluent in multiple languages.

Compliance, investigations and remediation

Our global trade compliance team guides clients through rapidly changing embargoes and other restrictions on targeted countries and blacklisted parties, and understands how these impact business operations. Specifically on export controls, our team helps clients navigate the complex rules relating to classification of products and technologies for export control purposes and determination of the compliance implications of any dual-use classification in different countries.

We advise clients on high-stakes and high-value transactions, including with respect to due diligence, crafting and negotiating contractual provisions to manage risk in relation to sanctions and export controls. We help clients put in place effective compliance programs, and offer bespoke training in support. Our team conducts internal investigations and advises on the voluntary self-disclosure process, including the associated risks and benefits of making such disclosures in various jurisdictions. We also assist clients who find themselves targeted by sanctions or export controls, including in connection with de-listing applications.

Working with regulatory agencies

We routinely assist in license applications and seeking interpretive guidance from sanctions authorities across multiple jurisdictions. We also represent clients before the authorities, including OFAC and the DOJ, in civil and criminal government investigations of apparent export control or sanctions violations. Many of our lawyers have experience working directly for these agencies.

These authorities include:

  • Office of Foreign Assets Control (OFAC) of the US Department of the Treasury
  • US Department of State
  • US Department of Justice (DOJ)
  • The Bureau of Industry and Security (BIS) of the US Department of Commerce
  • European Commission and the European External Action Service
  • Office of Financial Sanctions Implementation (OFSI) of HM Treasury in the United Kingdom
  • UK Foreign, Commonwealth and Development Office (FCDO)
  • The Export Control Joint Unit (ECJU) of the UK Department for International Trade
  • Deutsche Bundesbank and the Bundesamt für Ausfuhrkontrolle (BAFA) in Germany
  • Autorité de Contrôle Prudentiel et de Résolution (ACPR) and Direction générale du Trésor in France
  • Central Service for Imports and Exports (CDIU) in the Netherlands
  • The Inspectorate of Strategic Products (ISP) in Sweden
  • Ministry of Economy, Trade and Industry (METI) in Japan

Deep industry expertise

We routinely provide services to the following sectors, and beyond.

  • Financial institutions
  • Technology
  • Energy
  • Semiconductors
  • Aviation
  • Defense
  • E-commerce
  • Steel
  • Sovereign governments and state-owned entities
  • Pharmaceuticals
  • Maritime/Shipping

Areas of focus

Related services

The firm is adept at handling export controls and economic sanctions work, including OFAC-related matters.

Chambers USA 2023

Ranked Band 1
Chambers Global – International Trade/WTO 2024

International Trade Practice Group of the Year: 2015, 2022, 2023
Law360

Nationally ranked practice
Chambers USA – International Trade: Export Controls & Economic Sanctions: The Elite 2023
The Legal 500 USA – International Trade: Customs, Export Controls & Economic Sanctions 2023

"Distinguished by its ability to advise clients globally both on export controls against Russia and also on Russia's countermeasures, it has become a top choice for a broad mix of clients to advise on sanctions and export controls regulation, including foreign governments, state-owned entities, financial institutions and multinational corporations."
The Legal 500 USA 2023

"The firm is adept at handling export controls and economic sanctions work, including OFAC-related matters."
Chambers USA 2023

National Security

National security laws protect against diverse threats. We guide clients through complex issues like FDI reviews, export controls and economic restrictions to protect societies and economies.
National Security

National Security overview

What is national security?

National security laws and regulations refer to the measures a state takes to protect its citizens, institutions and economy from threats, both domestically and globally. Guarding against these threats—which can be external or internal—requires vigilance across a range of areas, from economic and military security, to cybersecurity, to homeland security and the safety of critical infrastructure.

Unless required to respond militarily, governments typically use policies and regulations, such as foreign direct investment (FDI) reviews and export controls, and economic restrictions, such as sanctions, to address threats. The widespread availability of AI technologies to bad actors, whether states, individuals or organizations, adds a further layer of complexity, as does the growing trend of government influence in markets.

National security and your business

As a result, states today are faced with an ever-expanding, ever-evolving list of national security concerns, all of which White & Case is uniquely positioned to advise on. These include:

  • Geopolitical risks: Assessing and managing legal, technological, and policy risks associated with operating in or engaging with countries that may pose national security threats
  • FDI and CFIUS reviews: Navigating the Committee on Foreign Investment in the United States (CFIUS) and ex-US FDI processes and considerations for cross-border transactions
  • Data privacy and cybersecurity: Protecting the nation's digital infrastructure from cyber threats to sensitive information, including hacking, data breaches and espionage
  • Compliance with regulations: Adhering to laws and regulations including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act and the False Claims Act
  • Supply chain security: Ensuring that suppliers and partners do not pose risks, such as being linked to sanctioned entities or countries, or use forced labor
  • Intellectual property protection: Safeguarding proprietary technology and trade secrets, especially those with national security implications
  • Critical infrastructure protection: Ensuring the security and resilience of critical systems and infrastructure
  • Insider threats: Mitigating risks posed by employees or contractors who may have access to sensitive information
  • Security clearances: Obtaining and maintaining security clearances to perform on classified contracts in support of the US Government, including addressing and complying with foreign ownership, control or influence (FOCI) mitigation requirements

Our National Security team

Our National Security team includes a deep bench of former government officials who served in senior positions at regulatory agencies, including the US Departments of Defense, Justice, Treasury (including OFAC) and Commerce, as well non-US government agencies and ministries across the globe. Our understanding of the world's intricate regulatory environments, policies and shifting geopolitical contexts positions us to advise on all types of national security matters that keep citizens and societies safe.

US Government Contracts

Companies working with the US government have innumerable hurdles to clear. Our multidisciplinary approach guides them through every aspect of the complex contractual process.
US Government Contracts

US Government Contracts overview

Companies doing business with the US government must navigate a complex framework of statutes, regulations and contractual clauses. White & Case's US Government Contracts practice guides contractors, grantees and loan recipients through this intricate landscape, helping them achieve their operational goal with confidence.

Our lawyers collaborate across various practice areas, including Foreign Direct Investment, Commercial Litigation, Data Privacy & Cybersecurity, International Trade and Mergers & Acquisitions. This multidisciplinary approach ensures clients receive strategic, tailored support.

We represent clients across a range of industries, including defense, energy, professional services, financial services, healthcare, information technology, higher education and infrastructure. Our expertise encompasses the following areas:

Audits and risk analysis

Based on the most recent regulatory standards imposed on companies that do business with the US government, we conduct audits and risk assessments, both proactively and in response to regulatory inquiries, to identify applicable standards, mitigate compliance gaps, develop robust compliance controls and complete mandatory disclosure obligations if necessary.

Disputes, investigations & litigation

Our nationally recognized litigators, many of whom are former government enforcement lawyers, assist clients in responding to inquiries and disputes from regulatory agencies, inspectors general, the DOJ, private whistleblowers and competitors. We handle allegations of civil and criminal violations, including the False Claims Act, Foreign Corrupt Practices Act, executive misconduct, systemic bias, discrimination and human trafficking.

Employment

Our lawyers guide clients through complex labor and employment mandates associated with federal funding, including equal employment opportunity (EEO) obligations. We also assist with payroll practices to meet wage and hour requirements, including prevailing wage under the Service Contract Act and the Davis-Bacon Act.

Foreign Direct Investment Review, US National Security & CFIUS

White & Case's Committee on Foreign Investment in the United States (CFIUS) team is a market leader in national security issues related to foreign direct investment (FDI). Our team includes experienced practitioners and former CFIUS and Department of Defense officials, offering invaluable perspectives that align with our clients' business needs.

Foreign ownership, control & influence (FOCI)

We guide companies through the FOCI mitigation process, whether due to transactions resulting in a cleared company coming under FOCI or existing companies entering classified markets. We develop appropriate FOCI-mitigation plans, such as special security agreements, proxy agreements, security control agreements, or FOCI board resolutions.

International trade

We assist clients with license applications and seek interpretive guidance from sanctions authorities. We represent clients before agencies such as the Office of Foreign Assets Control (OFAC) and the DOJ in investigations of export control or sanctions violations. Many of our lawyers have direct experience working for these agencies.

Mergers, acquisitions and sales

With more than a century of experience, White & Case advises clients on M&A transactions involving US government contractors. We conduct due diligence to assess risks, obtain regulatory approval and secure contract novations when required.

Regulatory compliance

Our lawyers adeptly interpret complex regulatory requirements, whether stemming from the Federal Acquisition Regulation (FAR), Department of Defense Agency Regulation (DFAR) or other statutory authorities. We ensure clients can execute their operational objectives while maintaining the highest level of compliance.

White & Case delivers integrated solutions needed to help clients succeed in the demanding landscape of government contracting.

US Government Contracts experience

Investigation and Defense of Large U.S. Defense Contractor in False Claims Act Matter

Defended a major U.S. defense contractor in response to a Civil Investigative Demand and a sealed qui tam lawsuit alleging non-compliance with contract provisions. Through a thorough investigation and strategic presentations to the Department of Justice, persuaded the government to decline intervention, leading to the closure of the investigation and dismissal of the lawsuit without liability for the client.

Defense of U.S. Contractor in Qui Tam False Claims Act Case

Defended a prominent U.S. government contractor in a high-stakes False Claims Act case alleging contractual non-compliance under a worthless services theory. Strategically challenged the claims through motions to dismiss and summary judgment, significantly narrowing the scope of the case. This approach positioned the client for a favorable pre-trial resolution, avoiding liability and the risks of prolonged litigation.

Successful Defense of Government Contractor in Human Trafficking Allegations Under the TVPA

Represented a government contractor in a federal lawsuit alleging violations of the Trafficking Victims Protection Act of 2000 (TVPA) related to the treatment of foreign laborers on a U.S. government-funded project overseas. Conducted a comprehensive internal investigation into labor recruitment, working conditions, and contractual compliance. Developed a defense strategy demonstrating the contractor's adherence to all applicable regulations, including FAR human trafficking compliance provisions. Engaged with government stakeholders and opposing counsel to challenge the factual and legal basis of the claims. Successfully secured dismissal of the lawsuit at an early stage, avoiding protracted litigation and reputational harm to the client.

Regulatory Compliance and Audit Defense for Government Contractor

Represented a government contractor in an audit initiated by the Defense Contract Audit Agency (DCAA) following an initial determination that the contractor's accounting system was non-compliant. Led an internal investigation, implemented remediation measures, and engaged with auditors, ultimately securing the rescission of the non-compliance determination. The contractor's accounting system was deemed compliant, ensuring continued eligibility for flexibly priced government contracts.

Internal Investigation into Executive Misconduct at Government Contractor

Conducted a sensitive internal investigation into allegations of sexual harassment and discrimination involving senior leadership at a government contractor. Managed witness interviews, forensic review, and risk assessment while advising Board of Directors and executive management on remedial measures. The matter was addressed with appropriate corrective action, ensuring compliance with legal and ethical obligations while minimizing reputational and operational risk.

Defense of Department of Transportation Subcontractor in Buy American Act Investigation

Represented a subcontractor on a federally funded Department of Transportation project facing allegations of non-compliance with Buy American Act requirements. Led an internal investigation to assess material sourcing and regulatory adherence, coordinated response strategies with the prime contractor, and engaged with regulators to demonstrate compliance. Successfully secured a finding of no wrongdoing, resulting in the closure of the matter without penalties or further action.

Related services

White & Case has demonstrated themselves as not only thoughtful but strategic litigators. The firm provides the right staffing and efficiency to obtain the right results.

Chambers USA 2024 – client quote

Tier 1: International Litigation
Tier 2: General Commercial Disputes
The Legal 500 US 2024

Band 1
International Trade - CFIUS Experts
Chambers USA 2024

Band 1
International Trade - CFIUS Experts
Chambers Global 2024

Elite: General Commercial Litigation Practices
Chambers USA 2024 - New York, Florida, California

Band 1: Highly Regarded
General Commercial Litigation Practice
Chambers USA 2024 - Washington, DC

Global Elite Investigations Firm
Global Investigations Review GIR 100 – 2015 - 2024

"White & Case has demonstrated themselves as not only thoughtful but strategic litigators. The firm provides the right staffing and efficiency to obtain the right results."
"The lawyers at White & Case provide business-oriented, practical legal advice that combines high legal acumen with a deep understanding of litigation strategy to present their clients with clear and actionable guidance."
"We go to them because they have high-quality lawyers, are very result-oriented, and have deep knowledge of our business."
"They are excellent. They put things in plain English and explain them simply to us. They're real experts and are extremely responsive."
Chambers USA 2024 – client quote

The First 100 Days podcast episode banner
Podcast
04: Sanctions and export controls: More of the same?
Economic tools advance US foreign policy and national security goals