DAVE ADVISES CLIENTS ON INTERNATIONAL TRADE AND TRANSACTIONS.
Dave is a partner in the firm's Government Solutions and Investigations Practice Group. Dave obtains favorable outcomes in international trade-related disputes, investigations, litigation, and negotiations.
Dave represents U.S. and foreign clients in trade litigation and disputes, including in matters before the Department of Commerce, the International Trade Commission, and the U.S. Customs and Border Protection (CBP). He has represented clients in antidumping, countervailing duty, duty evasion, and safeguard proceedings. In addition, Dave has assisted clients in investigations under sections 232 and 301, and compliance with free and preferential trade agreement obligations. Dave also assists companies with import compliance, including classification, country-of-origin, and valuation, and prior disclosures to CBP.
Dave advises clients on U.S. economic sanctions, export controls, and national-security related matters, including matters before the Bureau of Industry and Security (BIS), the Committee on Foreign Investment in the United States (CFIUS), the Directorate of Defense Trade Controls (DDTC), and the Office of Foreign Assets Control (OFAC). He helps clients with voluntary self disclosures, enforcement matters, developing corporate compliance policies, and trade due diligence in mergers and acquisitions.
Dave’s clients have included those in a variety of industry sectors, including various agricultural products, chemicals, energy, distilled spirits, financial and other services, solar products, and steel. Dave has significant experience helping clients that are doing business between China and the United States.
Dave is adjunct faculty at the University of Minnesota Law School, where he teaches courses on U.S. trade law. Dave also previously taught at the Georgetown University Law Center on WTO agreements, negotiations, and disputes.
Education & Admissions
The George Washington University Law School (J.D., 2010), with honors; Senior Articles Editor, Journal of Energy and Environmental Law
London School of Economics and Political Science (M.S., International Political Economy, 2007), with honors
University of Minnesota (B.A., Political Science and Sociology, 2004), summa cum laude; Phi Beta Kappa
- District of Columbia
U.S. ANTI-DUMPING AND COUNTERVAILING DUTY PROCEEDINGS
- WHITE GRAPE JUICE CONCENTRATE FROM ARGENTINA
Obtained lowest preliminary antidumping and countervailing rates for Argentine mandatory respondent
Negotiated suspension agreement to avoid final antidumping and countervailing duties
- CRYSTALLINE SILICON PHOTOVOLTAIC PRODUCTS FROM CHINA (ANTI-CIRCUMVENTION)
Advised U.S. importers on investigations and potential application to U.S. solar projects
- CERTAIN ALUMINUM ALLOY SHEET FROM CHINA
Represented Chinese industry associations in Commerce antidumping proceeding and International Trade Commission injury investigation.
- CERTAIN STEEL NAILS FROM OMAN
Lowered antidumping duty rate for foreign exporter and mandatory respondent in administrative review.
- CRYSTALLINE SILICON PHOTOVOLTAIC PRODUCTS FROM CHINA AND TAIWAN
Represented mandatory respondent in Commerce antidumping duty investigation; represented U.S. importer in International Trade Commission injury determination.
- DIAMOND SAWBLADES FROM KOREA
Successful representation of mandatory respondent in antidumping investigation and Court of International Trade and Federal Circuit appeals of the investigation.
- CERTAIN STEEL NAILS FROM THE UNITED ARAB EMIRATES
Obtained court-ordered revocation of antidumping duty order with respect to foreign respondent.
- CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, WHETHER OR NOT ASSEMBLED INTO MODULES, FROM CHINA
Advised U.S. purchaser regarding Commerce and International Trade Commission proceedings.
- OIL COUNTRY TUBULAR GOODS FROM CHINA
Represented respondent-government before Commerce.
- DIFFUSION-ANNEALED, NICKEL-PLATED FLAT-ROLLED STEEL PRODUCTS FROM JAPAN*
Advised U.S. purchaser regarding ITC proceedings.
- GLYCINE FROM CHINA
Represented U.S. petitioner in proceedings before Commerce and International Trade Commission.
- FROZEN WARMWATER SHRIMP FROM CHINA AND VIETNAM
Represented exporters in proceedings before Commerce.
EXPORT CONTROLS AND SANCTIONS
- Assisted clients with removal from U.S. sanctions lists, including those administered by the Bureau of Industry and Security (BIS) and the Office of Foreign Assets Control (OFAC)
- Advises clients on voluntary self-disclosures to and enforcement actions by BIS, OFAC, and the Directorate of Defense Trade Controls (DDTC).
- Drafts and assists with implementation of compliance programs relating to U.S. export controls and sanctions.
- Assists with due diligence arising in mergers and acquisitions, including negotiation of post-closing measures relating to trade liability.
- Counsels clients on import entry, classification, valuation, marking and the rules of origin.
- Advises on prior disclosures to U.S. Customs and Border Protection (CBP).
- Analyzes eligibility of imports for lower tariff rates under U.S. free trade agreements and preferential tariff programs.
SECTION 232 AND 301 MATTERS
- Drafts comments to BIS and Office of the U.S. Trade Representative (USTR) on proposed tariffs under sections 232 and 301.
- Advises on exclusion requests to BIS and USTR.
- Reviews harmonized tariff schedule and country-of-origin for imports to determine applicability of tariffs under sections 232 and 301.
- Advises on necessity of making mandatory or voluntary disclosures to CFIUS, including identifying U.S. operations involving critical technologies, critical infrastructure, sensitive personal data, and sensitive real estate.
- Represents both sellers and buyers in cases before CFIUS, including those involving sensitive national security technology.
News & Resources
News & Press Mentions
Events & Speaking Engagements
- Idaho Business Review, Opportunities and Obstacles in International Trade (Aug. 27, 2018) (co-authored with Robert Maynard)
- ABA Section of International Law, International Legal Developments Year in Review 2017, International Trade Chapter (2018) (contributor)
- Journal of International Economic Law, Preventing Opportunistic Uncompliance by WTO Members (2011) (co-authored with Professor Steve Charnovitz)
- Richmond Journal of Global Law and Business, Stretching the Dispute Settlement Understanding: U.S. – Cotton’s Relaxed Interpretation of Cross-Retaliation in the World Trade Organization (2010)
- Minnesota Business Law Institute, Every time I turn around the regulations change: How to Navigate Corporate Compliance in U.S. Export Controls and Economic Sanctions (September 2, 2020)
- Dorsey & Whitney, A Look at U.S.-Cuban Relations: Past, Present and Future (Oct. 22, 2018)
- Minnesota State Bar Association 42nd Annual International Business Law Institute, Overview of U.S. Export Controls and Economic Sanctions (April 19, 2018)
Industries & Practices
- Banking & Financial Institutions
- Capital Markets
- Corporate Governance & Compliance
- Development & Infrastructure
- Emerging Companies
- Energy & Natural Resources
- Environmental, Social, Governance (ESG)
- Food, Beverage & Agribusiness
- Government Solutions & Investigations
- Healthcare & Life Sciences
- Intellectual Property
- International Trade
- Mergers & Acquisitions
- National Security Law
- Oil & Gas