Global Trade

Companies involved in cross-border transactions face numerous regulatory hurdles relating to the export and re-export of sensitive goods and technologies; investments and other dealings having national security implications; and relationships with persons and entities that may be governed by U.S. economic sanctions, anti-money laundering and anti-corruption laws.

Goodwin helps its clients to understand how these laws apply to their business and investment activities, manage risks, and overcome obstacles. We develop and implement compliance programs, conduct client-focused training, and represent clients to obtain licenses, government authorizations, and advisory opinions. We provide transactional support, including by assisting with due diligence; identifying and resolving national security and foreign trade regulation issues that may arise; and drafting agreements to ensure proper attention to these issues. We conduct internal investigations and counsel clients on when voluntary disclosures to the U.S. government may be warranted. And we defend our clients in civil enforcement actions and criminal prosecutions.

Our Global Trade practice advises on the following interlocking and increasingly important regulatory regimes:

Office of Foreign Assets Control (OFAC) Regulations, which administer U.S. economic sanctions targeting specific countries and their governments — including Iran, Cuba, North Korea, Sudan, Syria, and the Crimea region of Ukraine — as well as other specially designated persons.
Export Administration Regulations (EAR), which control export and re-export of sensitive “dual use” items and technologies — e.g., software utilizing encryption, high-speed computers, lasers, and other items having both civilian and military application.
International Traffic in Arms Regulations (ITAR), which apply to manufacture and export of military items and technologies.
Committee on Foreign Investment in the United States (CFIUS) Regulations, also known as Exon-Florio, under which transactions involving foreign persons and U.S. businesses are reviewed for potential national security implications.
U.S. Patriot Act and anti-money laundering laws, which place various affirmative anti-money laundering and related due diligence requirements on financial institutions and their dealings with counterparties.
Foreign Corrupt Practices Act (FCPA), which bars payments made to influence foreign government officials.

Our lawyers are adept at navigating these hurdles for a variety of businesses and industry sectors, including technology, software and hardware, clean technology, financial services, transportation, real estate, energy, and defense manufacturing, among others.

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Ranked by The Legal 500

Goodwin’s clean technology and energy practice focuses on entrepreneurs, operating companies, and investors who are pioneers in the clean tech and energy markets. We’re currently counsel to over 500 technology-based clients, including some of the leading wind, solar and biofuels companies and represent 200 venture capital and private equity firms, leveraging relationships with investors on behalf of our clients.

The energy industry faces a rapidly shifting landscape of market challenges, regulatory hurdles and technological changes.Energy companies consistently rely on Goodwin’s highly successful, multi-faceted transactional, regulatory and litigation practice. We help our clients succeed in nuclear, solar, wind, renewable and alternative energy technologies.

From acquiring a company to raising public or private funds, we provide strategic and tactical advice, a range of pragmatic options, and bottom-line results. We do more than just help our clients survive the current challenges; we partner with them to find the best solutions and identify new business opportunities.

Compliance with the Foreign Corrupt Practices Act (FCPA) is a critical business issue for international companies with operations in the United States. Government investigations and enforcement actions resulting from alleged violations of the FCPA can be a financial liability and place an unwelcome public spotlight on a company’s management. Goodwin Procter’s Foreign Corrupt Practices Act team, which includes a number of former federal prosecutors, has extensive experience investigating and defending against FCPA allegations.

As a growing technology company, your prospects are exciting and your challenges are unique – from securing funding, protecting IP, and navigating the regulatory environment, to differentiating yourself in the marketplace, managing customer acquisition and scaling your business. We get it. We are proud to bring a comprehensive, coordinated approach that interconnects business, new technologies and the law.

At Goodwin, we share your entrepreneurial spirit. We developed Founders Workbench, a free online legal advisory resource to help entrepreneurs navigate many of the legal and organizational challenges commonly faced by start-ups and emerging companies. We partner with you to grow your business and realize your potential more effectively – with a combination of legal experience and business savvy that can scale with management teams from the earliest stages of development through mature public company. We support clients at all stages of the corporate life cycle with legal advisory related to company formation, IP protection, licensing, commercial agreements and venture financing to IPOs, M&A, corporate governance, board matters and more.

With 180+ lawyers dedicated to the industry, we have one of the largest and most recognized technology practices in the United States. Consistently rated in the top five most active of all law firms for venture capital, IPOs and M&A, we draw on our deep experience and network of clients and investors to provide the most effective and efficient counsel for today’s emerging companies.

Goodwin attorneys have represented a variety of maritime and intermodal transportation companies in proceedings before the federal courts, the Federal Maritime Commission, the Surface Transportation Board, the U.S. Maritime Administration and the U.S. Coast Guard, often in matters involving novel and complex legal, factual and economic issues. We also provide counseling to maritime and intermodal transportation companies on a wide range of legal and regulatory issues relating to their business planning, agreements and disputes.

Whether you’re a chief executive officer or member of the board, knowing what to do and having the right partner when the government comes knocking can mean the difference between quiet resolution or a very public indictment. Fortune 500 companies, corporate executives, directors and other individual business leaders repeatedly turn to Goodwin when faced with the most sensitive, complex and potentially damaging white collar litigation. That’s because we’ve successfully represented clients in many of the most high profile white collar matters in recent memory. We can do the same for you.

CleanTech

Energy

Financial Industry