In his CFIUS practice, Mr. Osborn advises hundreds of clients (both companies and investors) with respect to the Defense Production Act of 1950, the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), and all related foreign-investment regulations. To date, Mr. Osborn has first chaired more than a dozen mandatory declarations under the CFIUS “Critical Technology” Pilot Program, thereby helping clients in diverse industry sectors to successfully obtain U.S. government approval for taking on foreign investment. He has also participated in numerous joint voluntary notices, and was counsel to the U.S. company in the very first matter that CFIUS ever cleared under the “Critical Technology” Pilot Program.
In his export-controls practice, over the past decade Mr. Osborn has helped clients to classify hundreds of products under the EAR, through self-classifications and submitting formal classification requests with the U.S. Commerce Department’s Bureau of Industry and Security. This export-controls expertise is complementary to Mr. Osborn’s CFIUS practice because CFIUS filling obligations now often turn on the export-controls status of a company’s products and technology. In his sanctions practice, Mr. Osborn advises clients with respect to country-based and list-based sanctions, addressing complex trade issues involving Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine.
Mr. Osborn provides counseling guidance in addition to supporting Goodwin’s M&A practice group during IPOs, acquisitions, investments, joint ventures, and other complex transactions, both on the company and the investor side. And Mr. Osborn routinely guides clients through internal investigations and the voluntary self-disclosure process when facing regulatory violations.
Mr. Osborn also works with Goodwin’s Privacy & Cybersecurity team to provide technical expertise to help Goodwin clients understand data privacy regulatory obligations, such as those under GDPR.
Prior to carving his niche within the regulatory space, Mr. Osborn represented clients in a wide range of litigation disputes in jurisdictions throughout the country involving many different technologies. His prior litigation experience includes patent, copyright, trademark and trade secret disputes. Mr. Osborn has also represented clients with respect to other software-related claims involving the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act. In 2015, Mr. Osborn successfully second chaired a trademark case before the Supreme Court of the United States, B&B Hardware, Inc. v. Hargis Industries, Inc., an important decision at the intersection between agency decisions and IP litigation.
Mr. Osborn is a member of the American Intellectual Property Law Association.
Prior to joining Goodwin, Mr. Osborn was a technical specialist at Oblon, Spivak, McClelland, Maier & Neustadt, PC, where he focused on electrical technologies and prosecuted patents at all stages of prosecution. His areas of specialty included hashing techniques, block ciphers, stream ciphers, public key encryption, and database designs.