Overview
Alan Kashdan focuses his practice on regulatory matters, particularly international trade regulation including compliance with US export controls and sanctions administered by the Department of the Treasury, the Office of Foreign Assets Control, the Department of Commerce and the Department of State. Additionally, Alan has handled numerous countervailing and antidumping duty actions before the Department of Commerce and the International Trade Commission.
Alan also has experience with the Committee on Foreign Investment in the United States (CFIUS) national security reviews of acquisitions of US businesses by foreign persons, US customs laws and regulations, US anti-boycott regulation and US government rules and regulations on procurement from foreign sources.
Results
Export Controls and Other Matters
- Advised US and multinational companies on compliance issues arising from US sanctions against Iran, Venezuela and Russia/Ukraine*
- Advised US and non-US companies on compliance implications of tightening sanctions against Iran, including following US withdrawal from the Joint Comprehensive Plan of Action*
- Acted as government-approved compliance auditor as part of an export violation settlement*
- Advised multinational companies on compliance requirements and procedures to respond to US sanctions against Syria*
- Advised multinational companies on US state-imposed Iran sanctions*
- Advised multinational firms on implications for non-US operations of all US sanctions programs, including constructing compliance programs and providing compliance training*
- Assisted US and non-US companies in applying for and obtaining US government export licenses*
- Represented US companies in export violation enforcement proceedings*
- Assisted multinational companies in the preparation of compliance programs for US export controls, sanctions and Foreign Corrupt Practices Act regulations*
- Advised major US and non-US companies on defense-related issues arising from acquisitions of US defense contractors by non-US persons, including addressing issues that arise from review processes under Foreign Ownership, Control or Influence, and the Committee on Foreign Investment in the United States*
- Advised US and multinational companies in pharmaceutical, chemical, oil and gas, and automotive sectors in anti-boycott compliance issues*
- Assisted US defense and energy sector companies in preparing and submitting quarterly anti-boycott reports to the Department of Commerce and annual reports to the Department of the Treasury*
- Assisted multinational companies in establishing anti-boycott compliance and reporting programs*
- Advised Canadian companies and their US subsidiaries on the application of North American Free Trade Agreement and World Trade Organization (WTO) procurement rules to US federal and state government procurements*
- Represented a UK company in a debarment proceeding before the World Bank anti-bribery panel, in connection with a World Bank-funded government contract in Central Asia*
- Represented various entities in claims against Iraq before the UN Compensation Commission*
- Represented US-Czech claimants in restitution proceedings regarding property expropriated during World War II in Czechoslovakia*
- Advised the accounting profession on structural reorganization methods to limit accountants’ liability*
Trade Remedies Matters
- Advised the government of Canada in matters involving US countervailing duty law, including countervailing duty investigations involving softwood lumber, utility scale wind towers, fabricated structural steel, supercalendered paper, uncoated groundwood paper, live cattle, live swine and wheat*
- Advised a German manufacturer of thermal paper in antidumping proceedings*
- Advised the government of Mexico in countervailing duty proceedings involving sugar*
- Advised US and multinational companies on NAFTA and customs compliance issues*
- Advised Canadian lumber producers in antidumping and countervailing duty proceedings*
- Advised the government of Canada in a WTO dispute involving dairy exports*
- Advised a Canadian mussel producer in a US antidumping investigation before the US Commerce Department and the International Trade Commission*
- Represented the US wire rod and nail industries in numerous antidumping and countervailing duty proceedings before the US Commerce Department and the International Trade Commission*
- Represented Nikon Corp. in an antidumping proceeding before the US Commerce Department and the International Trade Commission*
*Matter handled prior to joining McDermott.
Recognitions
- Capital Pro Bono Honor Roll, sponsored by the District of Columbia Court of Appeals and the Superior Court of the District of Columbia, 2016 to 2017
Community
- US-Canada Free Trade Agreement Antidumping/Countervailing Duty Dispute Resolution Panel, member
- American Bar Association, Export Controls & Economic Sanctions Committee (vice chair), International Trade Committee (secretary)
- George Washington University Government Contracts Program, teacher and author of course materials for twice yearly seminar on international government procurement, 1992 to 2006
Credentials
Education
Harvard Law School, JD, cum laude, 1980
Princeton University, AB, magna cum laude, 1975
Admissions
District of Columbia
Courts/Agencies
Court of International Trade
US Court of Appeals for the Federal Circuit and District of Columbia Circuit
US District Court for the District of Columbia
Languages
Chinese (Mandarin)
Russian
