J. Scott Maberry

Scott Maberry is an international trade partner in the Governmental Practice in the firm's Washington, D.C. office. Scott is a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office and serves as its representative on the firm's pro bono committee. He is a member of the World Economic Forum Expert Network, where he advises the WEF community in the areas of global risk, international trade, artificial intelligence and values. Scott is a founding member of the Sheppard Mullin Organizational Integrity Group.

Areas of Practice

Scott counsels clients and litigates disputes in the areas of export controls, the Foreign Corrupt Practices Act (FCPA), anti-terrorism, national security, economic sanctions, anti-boycott controls, anti-money laundering (AML), the Foreign Agents Registration Act (FARA), trade remedies (including anti-dumping and countervailing duty (AD/CVD) matters), foreign direct investment and Customs. He also represents clients in negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

Scott's practice includes representing clients before the U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), federal courts and grand jury proceedings and WTO and NAFTA dispute resolution panels.

Scott hosts the Nota Bene podcast, a bimonthly series for multinational businesses providing insights on international legal and policy developments. The Nota Bene podcast reaches listeners in more than 110 nations around the world and has exceeded 38,000 downloads. Listeners can subscribe and listen to the podcast on Apple Podcasts, Google Podcasts, Spotify, Amazon Music, Stitcher or the Sheppard Mullin website. 

Honors

Thought Leadership Awards, Antitrust/Competition Law, Mondaq, Autumn 2024

Best Lawyer in America, Best Lawyers, 2018-2025

Leading Lawyer - International Trade, Chambers Global, 2008-2023

Leading Lawyer - International Trade, Chambers USA, 2007-2023

Washington, D.C. Super Lawyer, Super Lawyers, 2007-2017, 2024

Articles

• Co-Author with C.M. Dombek, R.S. Whitten, F.K. Merchant, and L.C. Mays, "U.S. Export Controls and the Cloud," Cloud Computing Legal Deskbook, 2016 and forthcoming 2019 Editions, Thomson Reuters Westlaw
• "5 Steps to Obtaining an Exemption under President Trump’s Steel and Aluminum Tariffs," Lexology, March 14, 2018
• "Importers Beware: 10 Things You Must Know About the Emergence of High-Stakes Customs Audits, Lexology, March 8, 2018
• "Seeking Foreign Investors for Your Tech Startup? Congress Says, 'Not So Fast,'" Lexology, January 10, 2018
• "Close, But No Cigar? Trump, Cuba and the Way Forward..." WorldECR, March 6, 2017
• "Those Three Little Words: OFAC’s Subtle Language Shift Could Create Sweeping Change on Iran Investment," National Law Review, October 11, 2016
• Co-Author with M.E. Sagrans, R.S. Whitten, F.K. Merchant and L.C. Mays, "Export Administration Regulations," Handbook of Export Controls and Economic Sanctions, American Bar Association Section on International Law, 2016
• Co-Author with R.S. Whitten, "Layover in Tehran: United States Authorizes Carriers to Land Civil Aircraft in Iran," Lexology, August 17, 2016
• "The Revival of the Age of Antidumping and Countervailing Duty Cases," Lexology, August 17, 2016 (With Lisa C. Mays)
• Co-Author with P. Briggs, B. Mulier and R.S. Whitten, "US and EU Iran Sanctions Lifted: How to Proceed in the Aviation Sector?" January 20, 2016
• Co-Author with M. Dee, L.C. Mays, "When Voluntary Self-Disclosure Isn’t so Voluntary: SEC Says Self-Disclose or Forfeit Non-Prosecution and Deferred Prosecution," Lexology, January 6, 2016
• "Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process," Chinese Outbound Newsletter, September 17, 2014
• Co-Author with M.L. Jensen, "A Rising Voice on FCPA Compliance - the Court," Law360, June 24, 2013
• Co-Author with B.J. Casino, "FCPA, Due Process, and Jurisdictional Overreach by the DOJ and SEC," American Bar Association Criminal Litigation E-Newsletter, June 12, 2013
• "FCPA Overreach? Courts Address Personal Jurisdiction In Cases Against Foreign Defendants," The Metropolitan Corporate Counsel, May 2013
• "Q&A With Sheppard Mullin's Scott Maberry," Law360, April 1, 2013
• Co-Author with B.J. Casino, "What's in the New FCPA Guide," American Bar Association Criminal Litigation E-Newsletter, March 13, 2013
• "Paying Attention During ICE 'Outreach' Visits," Law360, April 17, 2012

Corporate & Securities Law Blog Posts

• "New Outbound Investment Restrictions Affect China, Semiconductors, Artificial Intelligence, and Quantum Computing," August 11, 2023

Global Trade Law Blog Posts

• "BIS Summer Update: Essential Reading for Your Next Beach Trip!" July 15, 2024

• "Commerce Updates Boycott Requester List," July 15, 2024
• "ITAR Fees Overhaul: Navigating the New Registration Costs," June 25, 2024

• "Now Including the Kitchen Sink: Expansion of Export Controls on Russia Adds Restrictions on Low-Level Items and Software," June 20, 2024
• "Navigating the Solarscape: Our Handy Solar Tariffs Cheat Sheet," June 18, 2024

• "No More Postcards to OFAC in 2024: Unpacking OFAC’s New Reporting Procedures," May 14, 2024
• "The End of the World Order and the Rise of Trade Regulation," April 4, 2024
• "New Russia Sanctions Intensify Pressure on Banks Worldwide," December 29, 2023

• "China Semiconductor Export Regulations, Episode III – What a Difference a Year Makes," October 20, 2023

• "Reverse CFIUS Unveiled: Focus on China, Semiconductors, Artificial Intelligence, and Quantum Computing," August 11, 2023
• "Biden Veto Maintains Solar Tariff Moratorium," May 19, 2023

• "Don’t Let the Government Name, Shame, and Fine You – Export Controls Do NOT Excuse Hiring Discrimination," April 25, 2023

• "Friday Development: New Sanctions and Export Controls to Address Russia’s Ongoing Aggression in Ukraine (Including the use of Iranian UAVs)," February 27, 2023

• "Nota Bene Podcast Re-Launched to Provide International Law and Policy Insights," January 19, 2023
• "The New Containment: How the Semiconductor Industry Came to Be at the Heart of the Technological Cold War," December 21, 2022

• "Will We Ring in the New Year with Outbound Investment Restrictions?," December 21, 2022

• "China Semiconductor Regulations, Episode II – The Curious Case of the American in a Chinese Chip Company," December 7, 2022

• "China Tariffs: Opportunity to Request Modifications," November 17, 2022
• "China Tariffs: USTR Requests Comments for Review of Section 301 Tariffs," October 17, 2022
• "China Semiconductor Export Regulations, Episode I – Counting Your Chips Carefully," October 11, 2022

• "U.S. and Allies Impose Additional Russia Sanctions After Sham Annexations," October 6, 2022
• "Commerce Department Adds Guardrails Against Stockpiling of Certain Solar Cells and Modules During Temporary Waiver of AD/CVD Duties," September 27, 2022

• "One Higher Ed Requirement To Know Now," October 18, 2019 
• "A Low-Key Way to Eliminate Thousands in Import Duties: Miscellaneous Tariff Bill (MTB) Duty Suspension," October 18, 2019
• "Hua-Wait a Minute: Entity Designation Affects Non-U.S. Manufacturers’ Exports to China Tech Giant," May 21, 2019 
• "Threats to Technology Investment from Global Politics: How to Succeed as Borders Tighten," International Tech Investment Issue, April 10, 2019
• "Update from the Trump Trade War Front: Tariffs Will Not Increase March 2," March 1, 2019  
• "Comment Deadline Extended: Export Controls on Emerging Technologies," December 11, 2018 
• "The Little Regulation That Will Make a Big Change in How You Do Business: Department of Commerce to Establish New Export Controls on Emerging Technologies," November 19, 2018 
• "Of Course You Know, This Means War: A Strategic Update on the Trump Trade War," August 7, 2018 
• "5 Weird Things About the Trump Trade Agenda: Disruptive Innovation On a Global Scale," June 28, 2018 
• "Another Day Another Tariff… and Other Recent Restrictions on China," June 7, 2018 
• "Client Alert: Iran Sanctions Return," May 11, 2018 
• "Five Things You Must Know About Trade Wars," April 12, 2018 
• "5 Steps to Obtaining an Exemption under President Trump’s Steel and Aluminum Tariffs," March 14, 2018 
• "Importers Beware: 10 Things You Must Know About the Emergence of High-Stakes Customs Audits," March 8, 2018 
• "Seeking foreign investors for your tech startup? Congress says, 'not so fast.'” January 10, 2018
• "The Waiting Game: When, Why, and How to File with CFIUS in a New Era of Investment Scrutiny," December 12, 2017 
• "FARA and the First Amendment: How will the United States Calibrate its Response to Foreign Propaganda?" November 17, 2017 
• "News Flash: Kleptocrats Still Taking Bribe Money With One Hand and Laundering it With the Other," November 17, 2017 
• "Today, President Trump Decertified the Iran Deal and Announced Tougher Sanctions on Iran," October 13, 2017 
• "Growing Pains for Expanding Tech Companies: Uber Investigated for FCPA Violations," September 14, 2017
• "North Korea Sanctions Continue to Intensify," September 14, 2017 
• "Our Cuba Sanctions Predictions: How Did We Do?" June 22, 2017 
• "Our Armchair Santería on Cuba Policy: What Will President Trump do on Cuba?" May 31, 2017 
• "Predicting the Unpredictable: Will President Trump Tear Up the Iran Nuclear Deal?," March 15, 2017
• "Predicting the Unpredictable: Will Tariffs Under President Trump Cause a Trade War With China?," March 15, 2017
• "Negotiation By Tweet: The Uncertain Future of U.S.-Cuba Relations," December 7, 2016
• "The Future of the U.S.-Canada Trade Relationship in Light of the Election," November 22, 2016
• "Those Three Little Words: OFAC’s Subtle Language Shift Could Create Sweeping Change on Iran Investment," October 10, 2016
• "The Revival of the Age of Antidumping and Countervailing Duty Cases," August 17, 2016
• "Layover in Tehran: United States Authorizes Carriers to Land Civil Aircraft in Iran," August 17, 2016
• "Flying the Too-Friendly Skies? Europe Opens Routes for Sanctioned Iran Airline," June 9, 2016
• "New Business Opportunities in Iran! But Who Will Be Your Banker? Non-U.S. Banks Hesitant to Process Lawful Iran Transactions…and for Good Reason," April 20, 2016
• "The Day of North Korea Sanctions: the UN Imposes the Toughest North Korea Sanctions Yet While OFAC and State Designate More North Korean Entities," March 3, 2016
• "US and EU Iran Sanctions Lifted: How to Proceed in the Aviation Sector?" January 20, 2016
• "When Voluntary Self-Disclosure Isn’t so Voluntary: SEC Says Self-Disclose or Forfeit Non-Prosecution and Deferred Prosecution," January 6, 2016
• "Selling Aircraft to Iran: Are Clear Skies or Turbulence Ahead for Exporters," January 6, 2016
• "The Schrems Decision: How the End of Safe Harbor Affects Your FCPA Compliance Plan," November 12, 2015
• "Iran Nuclear Deal Clears Senate Obstacle, But Will “Snap-Back” Bite?" September 17, 2015
• "Implementation Day: Do the Rules Let You Play in the New Ballgame for Business in Iran?" July 16, 2015
• "A Break From the Past: Historic Deal with Iran Marks A New Day in U.S.-Iran Relations," July 14, 2015
• "America Turns A Page: Cuba Removed From U.S. List of State Sponsors of Terrorism," May 29, 2015
• "A Carriage of Justice: Obama to Remove Cuba from Terrorist Sponsor List," April 15, 2015
• "UPDATE: Iran Nuclear Deal," April 3, 2015

Organizational Integrity Group Blog Posts

• "When Organizational Culture Goes Wrong: A Federal Judge’s Vivid Description of Cultural Decay Inside Theranos," January 9, 2023
• "Organizational Integrity Shorts: Compliance Self-Assessments," January 4, 2023
• "U.S. Government Pursues More Aggressive Action to Curb Espionage at Universities," August 10, 2022
• "Five Keys to a Successful Compliance Risk Assessment," April 12, 2021

Books

Media Mentions

Speaking Engagements

• "Rio Grande Chapter: Hot Topics: EO14042 and Russia Sanctions," NCMA Rio Grande, April 26, 2022
• "The Trump Trade Agenda and the Future of the U.S.-India Relationship," Mumbai, April 24, 2019
• "Business Insights: Trade Wars," World Economic Forum, July 24, 2018
• "Winning in the United States: Key Legal Topics for 2018," Indo-American Chamber of Commerce, Mumbai, India, February
• Moderator, "Global Trade Spotlight – Spotlight on Global Regulatory Initiatives Impacting on International Trade Compliance across the Globe," A.C.E.S. Compliance Summit, April 19, 2017
• "International Collaborations," Association of University Export Control Officers (AUECO) Annual Meeting (with Patrick Schlesinger), Philadelphia, May 23, 2016
• "U.S. and Indian Bilateral Investment Treaties: How the Models Compare," U.S.-India Business Council Webinar (with Jyoti Sagar) February 17, 2016
• "Emerging Trends in International Trade Compliance," National Association of College and University Attorneys (NACUA) Annual Meeting, Washington, D.C., November 12, 2015
• "Exploring US-Cuba Export Regulations," U.S.-Cuba Corporate Counsel Summit, New York, March 24, 2015
• "Export Control Reform Level Set: Where Are We Now and Where Are We Headed?," Momentum Event Group webinar, July 8, 2014
• "Deferred Prosecution Agreements: Outlook for the Prosecution of Complex Cases," Bird & Bird's Aerospace, Defence and Security seminar, London, England, February 12, 2014
• "Preparing Your Operations for Mergers & Acquisitions – Identifying Red Flags and Effective Due Diligence Practices to Ensure a Successful Transaction," The ITAR Summit: Winter Edition, Momentum Event Group, Irving, Texas, January 27-28, 2014

Events

Memberships

Co-Chair, National Institute on Economic Sanctions, American Bar Association

Senior Advisor and Chair Emeritus, Export Controls & Economic Sanctions Committee, American Bar Association

Member, International Trade Steering Committee, American Bar Association

Digital Media