Heller Ehrman has one of the largest and most respected teams of international trade lawyers in the United States, with attorneys who are considered among the best and brightest in this expanding field.

Our lawyers have decades of experience handling all types of international trade disputes and issues. Over the past two decades we have represented exporters and importers involved in some of the most significant international trade cases, including several of the largest cases involving exports from Asia.

Our roster of clients represents virtually every player in international trade, including foreign governments, trade industry associations and manufacturers, as well as U.S. importers and consumers. We have represented clients in a wide array of industries, including natural resources, agriculture and aquaculture, steel, pharmaceuticals and medical devices, semiconductors, electronics, software, and a broad range of consumer goods.

Trade Remedy Cases  Antidumping, Subsidy (CVD) and Safeguard

We take an aggressive, hands-on approach in managing a case, marshalling our resources efficiently and effectively. While others rely on outside consultants, we personally take charge of a matter, digging deep to find the facts and uncovering information from unexpected sources. We have an in-house economic support team that distills economic analyses from the massive amounts of data compiled in international trade cases.

We make the extra effort to build the strongest possible defense for our clients.  We explore every avenue to minimize any antidumping and CVD duties that may be imposed.  And we have years of experience defending exporters and importers in antidumping cases against non-market economy countries, such as China and Vietnam. In these cases, the Department of Commerce applies special antidumping calculation rules.

We also have a record of success before the ITC in injury proceedings that is virtually unrivaled, winning 70 percent of the cases in which we led the defense. Because of our reputation, our lawyers have been selected as lead counsel on behalf of exporters in many major ITC proceedings.

All of our senior lawyers have been individually named by Chambers USA as “leading lawyers” for international trade disputes.

Section 337 Cases

Heller Ehrman's attorneys have appeared in over 65 Section 337 cases spanning more than 20 years, including some of the largest and most prominent matters that have come before the ITC. Our cumulative experience is critical in this fast paced litigation in which discovery lasts only a few months and a case goes to trial in 8-10 months There is little room for "learning on the job."

Our attorneys remain involved after an order is issued, and we have significant experience working with Customs and the ITC to successfully implement and enforce both limited and general exclusion orders. Our knowledge of the nuances of real-world enforcement translates into increased efficiency in preparation and case management, more effective results-focused litigation strategy, and better business outcomes at the border after an exclusion order issues.

Heller Ehrman has a rare combination of strengths, with a dedicated and knowledgeable team of Section 337 attorneys in Washington, D.C., highly regarded IP litigators and attorneys with technical backgrounds throughout the firm, and local presence in China and other key foreign countries. We have the capacity to quickly assemble Section 337 case teams firmwide to handle the largest and most complex matters.

Customs and Import Regulation

We offer a comprehensive customs and import regulatory practice that includes analyzing complex import regulatory issues, surveying and auditing import operations, establishing “real-world” compliance programs, and developing practical methods for minimizing customs duties.

We advise clients on the full range of U.S. customs compliance matters, including merchandise classification, valuation, country of origin marking, and drawback and other duty savings opportunities, as well as import safety and security programs, such as the Customs-Trade Partnership Against Terrorism. 

We represent clients in Customs audits— Focused Assessments and the Importer Self-Assessment program — and in complex prior disclosures, penalty proceedings and litigation before the Court of International Trade and the Federal Circuit.  With offices in Anchorage, Los Angeles, New York and other major U.S. ports, we are able to interface directly with local customs officials on intellectual property rights seizures, negotiations over penalty matters and other pressing issues.

We also have advised clients on import-related regulations administered by other agencies and departments, including the Food & Drug Administration, Alcohol and Tobacco Tax and Trade Bureau, Consumer Products Safety Commission, Environmental Protection Agency, and the Departments of Agriculture, Commerce, Energy and Transportation. 

Export Controls and Economic Sanctions

We counsel clients on a broad array of compliance, licensing, and enforcement issues arising under U.S. laws governing exports, re-exports, technology transfers and related transactions.

We help companies assess compliance risks and determine regulatory requirements triggered by specific transactions and business relationships, including compliance with the applicable U.S. government licensing, reporting, export documentation, and record-keeping requirements.

We assist companies in obtaining U.S. government licenses and other approvals, such as BIS licenses for exports/re-exports of commodities, software, and technology, and technology transfers to foreign nationals in the United States (“deemed exports”).

We also help clients with BIS technical reviews for encryption products as well as with DDTC approvals for exports/re-exports and temporary imports of defense articles, technical data, and provision of defense services, including technical assistance and manufacturing agreements. Our work includes BIS and OFAC licenses for commercial sales of certain medicines and medical devices to Cuba, Iran and Sudan — countries subject to U.S. trade embargoes.

With our experience in regulatory matters and white collar crime and investigations, we can assist clients in resolving enforcement matters arising under all regulatory regimes. Our attorneys help clients minimize the risk of violations, conduct internal investigations, prepare voluntary disclosures, and respond to government inquiries.  We also provide representation in the event of civil or criminal enforcement action.

World Trade Organization

Our lawyers have extensive experience advising foreign countries and industries in disputes and negotiations before the WTO and in various bilateral/regional trade contexts. We have prosecuted and defended WTO dispute settlement proceedings and advised both governments and companies on multilateral and bilateral negotiations involving trade remedies, intellectual property, customs procedures, sanitary and phytosanitary measures, technical barriers to trade, and other subjects.

Inbound and Outbound Investment and Market Access

Heller Ehrman has broad experience advising clients on legal, business and political risks in connection with national security reviews of foreign direct investment into the United States, which are conducted by the Committee on Foreign Investment in the United States (CFIUS).

Heller Ehrman attorneys have represented clients before CFIUS in both the formal review process and informal consultations with CFIUS agencies concerning proposed transactions.  Our recent engagements relating to CFIUS involved entities — including foreign government-owned enterprises — in a number of industries, such as aviation, telecommunications, and financial services. 

Our lawyers have assisted multinational companies with outbound investment and market access issues by providing pre-investment due diligence and by structuring investments to mitigate political and other risks. To help our clients, we have used investor protections in Free Trade Agreements or gained the assistance of the Overseas Private Investment Corporation or other political risk insurance providers. When overseas investment or market access issues arise, our attorneys have experience securing equitable treatment, resolving disputes and ensuring open access to foreign markets. 

Foreign Corrupt Practice Act

Our lawyers assist both U.S. and non-U.S. companies with issuing arising under the U.S. Foreign Corrupt Practices Act (FCPA). We have advised clients on FCPA compliance matters and  Justice Department investigations related to activities in China, India, Pakistan, Indonesia, Thailand, Malaysia and the Philippines – countries that have been targeted in FCPA probes. We also have handled major engagements relating to the USA PATRIOT Act and Office of Foreign Assets Control issues.