Thaddeus Rogers McBride

Mr. McBride is a partner in Sheppard Mullin's Government Contracts, Investigations & International Trade Practice Group and is resident in the firm's Washington, D.C. office.

Areas of Practice

Mr. McBride represents U.S. and non-U.S. companies and individuals in international trade regulatory, compliance, investigative, and enforcement matters involving:

• U.S. economic sanctions and economic embargoes (OFAC)
• U.S. export controls (ITAR, EAR, and others)
• The Foreign Corrupt Practices Act (FCPA)
• U.S. Anti-boycott controls (OAC and U.S. Treasury Department)
• The Committee on Foreign Investment in the United States (CFIUS)
• U.S. Customs and other import controls
• Anti-money laundering and other banking controls (FinCEN)
• USA Patriot Act requirements and compliance
• U.S. international trade enforcement and regulatory actions, including countervailing duties, antidumping, and other trade remedy proceedings

Education

• J.D., Boston College Law School, 2000, cum laude; Editor, Third World Law Journal
• B.A., Princeton University, 1995; Captain, Men's Soccer Team

Admissions

• District of Columbia
• Maryland

Sanctions

• Advised non-U.S. bank on compliance with U.S. sanctions on Iran, Sudan, and other countries and individuals
• Assisted non-U.S. offshore drilling company conduct internal investigation of potential U.S. sanctions violations, including preparing a voluntary disclosure to OFAC
• Performed compliance due diligence for U.S. private equity company seeking ownership of non-U.S. energy company with interests in Iran 
• Counseled U.S. insurance company on procedures for minimizing U.S. sanctions compliance risks related to non-U.S. insured parties
• Advised U.S. medical devices company on obtaining OFAC licenses for exports to Iran under the Ag-Med program
• Represented non-U.S. financial institution in applying for and obtaining OFAC license
• Assisted U.S. financial services company understand and address sanctions compliance issues related to overseas lease of U.S. aircraft
• Counseled U.S. oilfield services company on compliance with U.S. sanctions on Burma (Myanmar)
• Represented U.S. research university in submitting voluntary disclosure to OFAC related to Cuba travel
• Counseled non-U.S. oil company on compliance with UN sanctions on Iran

Export controls

• Counseled automobile manufacturer on export compliance, including developing and presenting comprehensive compliance training to company's U.S. and non-U.S. personnel
• Advised U.S. defense contractor in conducting internal investigation and making voluntary disclosure of export violation to U.S. State Department Directorate of Defense Trade Controls (DDTC)
• Represented U.S. manufacturer in responding to and negotiating penalties in BIS enforcement matter
• Assisted non-U.S. engineering company understand and comply with technology export issues under ITAR and EAR
• Counseled U.S. oilfield services company on U.S. export law issues related to maintaining equipment on offshore drilling rigs
• Advised U.S. research university on technology and deemed export issues related to non-U.S. students and faculty
• Represented non-U.S. hotel operator on U.S. export and sanctions law implications of developing and operating hotel in Syria
• Assisted U.S. defense contractor in internal review and revision of export compliance policies

FCPA and anti-bribery

• Represented U.S. energy company in investigation by U.S. Justice Department (DOJ) and Securities and Exchange Commission (SEC)
• Assisted U.S. logistics company conduct internal review of corruption compliance issues in company’s Asia operations
• Advised U.S. private equity firm on conduct of and response to internal investigation of potential corruption issues
• Represented U.S. defense contractor in internal investigation of alleged corruption in company’s office in Turkey
• Counseled U.S. health care company on developing comprehensive anti-corruption compliance policy and procedures
• Advised oilfield services company on FCPA compliance due diligence related to acquisition of non-U.S. company in West Africa
• Delivered anti-corruption compliance training to employees and board of directors of U.S. educational organization

Anti-boycott

• Helped major U.S. manufacturer understand and respond to potential boycott requests in letters of credit from Gulf States
• Advised U.S. construction services firm on preparing and submitting voluntary disclosure to U.S. Commerce Department, Office of Anti-boycott Compliance (OAC)
• Assisted non-U.S. investment firm understand and comply with U.S. Anti-boycott obligations
• Counseled U.S. oilfield services company on conducting internal review of compliance with U.S. Anti-boycott law
• Represented U.S. financial institution in reviewing, responding to potential boycott requests

CFIUS and other experience

• Represented publicly traded Hong Kong entity in making CFIUS submissions in connection with acquisition of interests in U.S. natural resources
• Counseled large European security company on CFIUS process in acquisition of U.S. security firm
• Advised publicly-traded Canadian company on CFIUS implications of U.S. acquisition of defense contractor
• Assisted U.S. nuclear fuel company understand compliance obligations related to sharing nuclear technology with developing country government
• Counseled U.S. semiconductor manufacturer in NAFTA duty classification matter 
• Advised U.S. policy and advocacy firm on registration requirements under Foreign Agents Registration Act (FARA)
 

Honors

• Leading international trade lawyer, Chambers USA, 2013

Memberships

• American Bar Association - International Section, Committee on Export Controls and Economic Sanctions
• Society for International Affairs
• The First Tee of Washington, D.C. Board

Articles

• Co-author with Scott Maberry and Fatema Merchant, "FCPA Overreach? Courts Address Personal Jurisdiction In Cases Against Foreign Defendants," The Metropolitan Corporate Counsel, May 2013
• Chinese Outbound Newsletter - March 2013, March 11, 2013
• Co-author with Scott Maberry and Matthew Riemer, "U.S. sanctions on Iran: an update," World Export Control Review, March 2013
• Quoted in "Supply chain concerns rejected in CFIUS review of A123," Financial Times, February 12, 2013
• Co-author, "What Every Canadian Business that Exports Can No Longer Afford to Ignore: Canadian and U.S. Export Control Law Compliance," Bloomberg BNA International Trade Reporter, January 24, 2013
• Quoted in "A123/Wanxiang: CFIUS mitigation labeled a 'technical fiction' by advocacy group," Policy and Regulatory Report, January 14, 2013
• Quoted in "Anti-Bribery Bible: Experts Offer Advice for Making the Most of the FCPA Guidelines," InsideCounsel Magazine, January 1, 2013
• Quoted in "Sany Exec Hints Lessons Learned from Ralls Deal to be Implemented in Pending Transaction," Policy and Regulatory Report, December 11, 2012
• Co-author with Scott Maberry, "U.S. Sanctions Update: The Freeze Deepens In Iran And Syria; The Thaw Continues In Burma," The Metropolitan Corporate Counsel, October 2012 
• Quoted in "Chinese Wind-Farm Group Sues Obama," The Wall Street Journal Asia, October 3, 2012
• Quoted in "Little-Known Regulator Takes Centre Stage," Financial Times, August 7, 2012
• Quoted in "7 Risks and Compliance Threats Facing In-House Counsel," InsideCounsel Magazine, July 1, 2012
• Quoted in "SEC Targets Execs, Auditors in Biomet FCPA Case," InsideCounsel Magazine, May 30, 2012
• Quoted in "Entertainment Lawyers Advise FCPA Review," Daily Journal, April 26, 2012
• Co-author with Mark Jensen, "Continuing The Trend: Biomet's FCPA Settlement," Law360, April 9, 2012
• Co-author with Cheryl Palmeri, "A Noble Pursuit? SEC Brings FCPA Charges Against Individual Oil Services Executives," Law360, March 20, 2012
• Co-author with Brian Weimer and Dan Brooks, "Key details of CFIUS 2010 annual report," Law360, January 25, 2012 
• Co-author with Mark Jensen, "Clarity Required: US V. Banki," Law360, January 9, 2012
• Co-author with Bethany Hengsbach, "Prosecutorial Misconduct Stymies Justice Department in FCPA trials," Daily Journal, January 9, 2012
• Co-author with Curt Dombek and Reid Whitten, "Early Steps Toward a Streamlined Export Control System," World Export Control Review, December 2011
• Quoted in "U.S. Professor Loses Tech Transfer Appeal," World Export Control Review, November 2011
• Co-author with J. Scott Maberry and Mark Jensen, "Getting Specific About FCPA Compliance," Law360, June 29, 2011
• Co-author with Mark Jensen, “Buyer, when foreign, beware," The Deal Magazine, June 27, 2011 

Global Trade Law Blog Postings

• "State Department Issues Nuts and Bolts Guidance on Libya," June 6, 2013
• "U.S. Sanctions Target Russian Corruption, Human Rights Violations," May 7, 2013
• "Census Changes Foreign Trade Regulations: New Filing Requirements," April 2, 2013
• "Line in the Sand: Siemens Argentina Case Limits Personal Jurisdiction Under the FCPA," March 8, 2013
• "Is China Getting Serious or Redirecting Responsibility? New guidance on Chinese Anti-Bribery Enforcement," February 14, 2013
• "Iran, China, and Prison: A Recap of 2012’s Major Export Enforcement and Embargo-Related Criminal Cases," January 9, 2013
• "What’s In the New FCPA Resource Guide: Some Welcome Clarity and Unexpected Muddling," December 6, 2012
• "Smaller FCPA Story But We’re Sure You’re Following It: DOJ Issues New Opinion Procedure Releases," December 6, 2012
• "Update on U.S.-Myanmar Relations: The Thaw Continues," October 19, 2012
• "CFIUS Update: President Blocks Ralls Transaction," October 19, 2012
• "CFIUS Sued by Chinese Investors," September 27, 2012
• "Iran, Syria Sanctions Strengthened by New U.S. Law," August 17, 2012
• "Department of Justice Obtains First Forfeiture Judgment Under the Kleptocracy Asset Recovery Initiative," July 11, 2012
• "BIS Creates a Temporary Holding Classification Number on the CCL," June 7, 2012 
• "OFAC’s (Very) Long Arm: GAM Settlement May Illustrate the ITR’s Expanding Reach," June 7, 2012 
• "Peak Pressure: CISADA and NDAA Timeline," May 1, 2012 
• "Continuing the Trend: Medical Device Maker Biomet Settles FCPA Charges For More Than $22 million," April 5, 2012
• "Myanmar Update: Recent Actions Increase Likelihood Sanctions Will Be Eased," February 21, 2012 
• "CFIUS Submits Annual Report to Congress," January 30, 2012 
• "The FCPA in 2011: Five Answers and a Looming Question," January 18, 2012 
• "State Department (Finally) Proposes Amendments to ITAR Brokering Provisions," January 18, 2012 
• "International Sanctions – Updates to U.S. Sanctions Laws in 2011," January 17, 2012 

Government Contracts, Investigations & International Trade Blog Postings

• "Clarity Required: Iran Sanctions Convictions Reversed in U.S. v. Banki," December 9, 2011
• "Longest Prison Sentence Yet in FCPA Case," November 16, 2011
• "DOJ Targets FCPA and Anti-Trust Violations Jointly," November 16, 2011
• "Mind Your Own Businesses: UK Court Decision May Signal Pushback On Extraterritorial Enforcement of US Trade Laws," October 24, 2011
• "OFAC, BIS Double Up Flow Serve: What the Flowserve Settlement Says About Corporate Compliance Programs," October 24, 2011
• "Prison Time and Export Controls: University Professor's Case Illustrates Dangers of Ignoring Export Compliance," October 24, 2011
• "OFAC Settles Alleged Sanctions Violations for $88.3 million," September 19, 2011
• "Syria Update: Significant New Sanctions Imposed," September 19, 2011
• "Proposed Rule Details Major Changes to U.S. Export Controls," August 4, 2011
• "Trading Up: Newly Implemented North Korea and Libya Sanctions," July 15, 2011
• "Technology Exports: Uncertainty Around Form I-129 Persists," June 16, 2011
• "Federal Judge Upholds DOJ's Expansive Application Of FCPA," May 10, 2011 

Speeches

• "Complying with ITAR Requirements Amid Increased Enforcement," Strafford Publications Webinar, February 19, 2013
• "Vetting Third Parties for Export Control Risks," American Conference Institute, Toronto, Canada, January 22, 2013
• "Iranian Sanctions Compliance Strategies," Strafford Publications Webinar, December 20, 2012
• "Foreign Corrupt Practices Act Pitfalls: How to Spot Them; How to Avoid Them," Government Contractor Dinner Series, San Diego, California, November 28, 2012
• "How to Comply with New Foreign, Dual and Third Country National Rules: Reconciling ITAR Requirements with Foreign Anti-Discrimination and Privacy Law Restrictions," American Conference Institute, Chicago, Illinois, October 24, 2012
• "Making Sense of Current and Proposed Brokering Rules: How to Comply with Part 129 of the ITAR," American Conference Institute, Chicago, Illinois, October 23, 2012
• "OFAC Sanctions on Syria, Iran, Yemen and Burma: Compliance Strategies," Strafford Publications Webinar, August 28, 2012
• "Identifying ITAR and EAR - Controlled Technical Data", American Conference Institute's National Forum on International Technology Transfers & Deemed Export Compliance, Washington, D.C., September 2011
• “Global Competition”, Chafee Center for International Business World Trade Day 2010, Smithfield, Rhode Island, June 2010
• “U.S. Trade Controls: Staying Compliant in a Challenging Economic Climate”, Co-chair, ABA International Section Spring Meeting, New York, New York, April 2010
• “Contract Provisions Addressing Compliance & International Boycotts”, International Association of Drilling Contractors Risk Management Conference, Houston, Texas, October 2008

Events

• Foreign Corrupt Practices Act: Focus on Latin America, February 15, 2013
• Lunch with your Government Contracts Lawyer, November 13, 2012, Compliance with the FCPA
• OFAC Sanctions on Syria, Iran, Yemen and Burma: Compliance Strategies, August 28, 2012, Meeting Strict and Rapidly Changing U.S. Sanctions Requirements
• Lunch With Your Government Contracts Lawyer, June 19, 2012, Current Export Control Compliance Issues
• FCPA Risks for the Private Equity Industry, June 13, 2012