Reid Whitten

Overview

Reid Whitten works with clients around the world to plan, prepare and succeed in global transactions. He focuses on his clients’ cross-border investments, particularly in the technology and aerospace sectors, helping clients navigate the international trade regulations that could disrupt their deals.

Reid is the Managing Partner of Sheppard Mullin's London office, practicing in international trade regulations and investigations. He shares his time serving clients out of the Washington, D.C. office. He is also Leader of the Sheppard Mullin CFIUS Team.

Areas of Practice

In the areas of economic sanctions, export and defense exports, CFIUS, anti-corruption and tariffs, Reid supports clients in detecting and addressing potential compliance issues as well as conducting investigations and defending against enforcement actions. He also advises on U.S. anti-dumping, anti-money laundering and anti-boycott regulations.

Reid is a thought leader on cross-border business regulations. He lectures as an Adjunct Professor of Law at the New College of the Humanities in London, at the Université Catholique de Lille, in France and at Wake Forest University in the U.S., where he teaches courses on the law of international business. Reid is also a member of Chatham House, the UK's Royal Institute of International Affairs.

Reid writes and comments regularly and is called on by television news channels, international newspapers and trade publications to provide analysis on the latest changes to cross-border transactional regulations. He is the lead author and editor of The CFIUS Book and is the head of the firm's CFIUS Team. In addition, Reid conducts seminars on regulatory updates to industry groups in the U.S., France, Belgium, Spain and the UK.

Reid is fluent in French.

Experience

Representative Experience:

U.S. Sanctions

Advised on completion of €500 million deal between EU security service provider and Iranian airport authorities for security services at Iranian airports in compliance with post-JCPOA sanctions
Advised Italian finance and insurance bank on compliance with U.S. sanctions on Iran, Sudan and Russia
Represented Nordic petrochemical company before the Department of Treasury and Department of Commerce with respect to ongoing projects in Iran caught in new U.S. regulations
Advised Swiss aircraft and transportation service company with respect to managing Russian clients
Investigated and defended Korean multinational bank in OFAC enforcement action related to Iranian accounts and obtained a decision of no criminal penalties
Counseled multinational engineering firm on pipeline project in joint venture with Russia
Designed compliance measures for satellite communications company to provide services to ships entering territorial waters of sanctioned countries
Advised on successful acquisition by non-U.S. company of Singapore entity with Iranian supply chain in compliance with applicable U.S. regulations
Performed compliance investigation for U.S. private equity company acquiring ownership of non-U.S. energy company with interests in Iran

Designed in-house compliance capabilities for U.S. investment services company for its global web-based offerings

White Collar Defense and Litigation

Defended U.S. multinational energy company in FCPA investigation by U.S. Justice Department (DOJ) and Securities and Exchange Commission (SEC) as well as foreign authorities
Defended U.S. electronics distributor in enforcement action by U.S. Attorney's Office for Middle District of Florida resulting in civil disposition with no criminal charges
Defended software company in investigation of sales to Iran under U.S. sanctions and export control regulations
Led the internal investigation for a global bank into its OFAC sanctions compliance practices and defended against enforcement actions by DOJ, OFAC, SDNY and U.S. bank regulatory authorities
Advised on the defense of FCPA investigation of Fortune 100 U.S. agricultural products company related to bribery allegations on three continents

CFIUS

Represented French conglomerate on a €850 million strategic acquisition of a U.S. renewable energy company
Represented UK defense manufacturer in acquisition of California aerospace company in two-stage transaction delaying trigger of mandatory CFIUS declaration filing
Represented seller in auction sale of assets including real property proximate to U.S. Naval Base
Coordinated with Sheppard M&A team to provide prospective advice on the CFIUS risk of dozens of prospective deals pre- and post-FIRRMA
Represented French investors in acquisition of U.S. manufacturers of deep sea exploration and naval search and rescue equipment
Represented seller in sale to Indian computing equipment manufacturer and obtained CFIUS clearance on behalf of both parties
Represented U.S. entity in CFIUS submission in connection with sale to non-U.S. investment fund of critical infrastructure assets

Tariffs, Trade and Customs

Appeared with clients before U.S. Trade Representative committee on the imposition of Section 301 tariffs to present their cases for exemption from the tariffs
Advised several U.S. manufacturers on submitting comments on and requesting exemptions from the imposition of Section 301 tariffs on products and components from China
Successfully represented a U.S. manufacturer to the Korean Customs Service and obtained preferential treatment in Korea for that company’s products under the Korea U.S. Free Trade Agreement
Represented U.S. and Canadian petroleum shippers, natural gas shippers and pipelines in discussions with U.S. Customs and U.S. Census on regulatory interpretations

Foreign Corrupt Practices Act

Represented U.S. energy company in a multi-national anti-bribery and FCPA investigation conducted in coordination between U.S. and Ghanaian authorities
Defended U.S. energy company in FCPA investigation by U.S. Justice Department (DOJ) and Securities and Exchange Commission (SEC)
Conducted internal investigation of FCPA red flag reports related to sales by U.S. oil field equipment manufacturer from its agent in South America
Designed FCPA and Chinese anti-corruption compliance program for the Chinese operations of U.S. Fortune 100 electronics company
Advised on internal FCPA investigation of Fortune 100 U.S. agricultural products company related to bribery allegations on three continents
Counseled non-U.S. automotive company on developing and implementing compliance program and training

Export Controls

Applied for and obtained one of the first export licenses under revised sanctions regulations that permitted a U.S. company to send good to Cuba to support a clean-water initiative in that country
Completed a company-wide ITAR compliance audit for the U.S. facilities of a global materials manufacturer and obtained a closed matter with no penalty or further action from The Directorate of Defense Trade Controls (DDTC)
Executed an ITAR review for a U.S. aerospace and defense manufacturer, integrating the compliance policies of two merged companies and reporting to regulators on the same
Completed a review of EAR control compliance for a second-market microchip distributor pursuant to an FBI subpoena and negotiated closure of the investigation with significant reduction in penalties as a result of compliance improvements and cooperation
Represented major U.S. consulting firm in internal investigation relating to the inadvertent export of controlled technical data
Counseled Fortune 100 aerospace company concerning civilian and military export control matters, including controls relating to encryption and composites
Represented non-U.S. multinational chemical manufacturer in obtaining licenses for the export of controlled chemicals for medical research
Advised multiple U.S. research universities on technology and deemed export issues related to non-U.S. campuses, students and faculty
Represented global automotive company establish and deploy export compliance processes, agreement language and training to U.S. and non-U.S. personnel
Defended U.S. electronics distributor in enforcement action by U.S. Attorney's Office for Middle District of Florida resulting in civil disposition with no criminal charges
Represented Non-U.S. multinational manufacturer obtain licenses under ITAR for sharing controlled technical data to produce protective equipment for the U.S. military

Litigation and Other

Prepared a petition for certiori to the U.S. Supreme Court for a suit to protect the civil rights of immigrant detainees
Defended the District of Columbia in a civil suit against 32 DCPD officers for damages related to the service of a warrant on a murder suspect
Defended the District of Columbia in a civil suit against doctors at public hospitals who had performed free clinic care for patients underserved areas
Served as judicial clerk for the U.S. District Court for the Western District of Virginia

Pro Bono