Harry Clark

Harry Clark

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


Six Crucial Points About the Prohibition on Chinese Investors' Acquisition of U.S. Aixtron Operations

On December 2, President Obama, acting under the Exon-Florio law, blocked the planned acquisition by China's Fujian Grand Chip Investment Fund LP ("Fujian Grand Chip"), a Chinese investment fund, of the U.S. operations of...more

12/9/2016 - Acquisitions CFIUS China Corporate Counsel Defense Production Act Exon-Florio Foreign Entities Foreign Investment Foreign Policy Germany Investment Funds National Security Obama Administration Popular Regulatory Oversight Technology Technology Sector Transition Team Trump Administration

DFARS and DIB: Compliance Steps for DoD’s Newly Finalized Cybersecurity Rules for Contractors

For businesses that work with the U.S. Department of Defense (“DoD”), two important rules for safeguarding certain categories of sensitive information and reporting cyber incidents were recently finalized, updating the...more

11/30/2016 - Cloud Computing Cybersecurity Data Protection Data Security Department of Defense (DOD) DFARS Federal Contractors Reporting Requirements

What Happens When My Company Receives a National Security Letter? A Primer

Even today, most companies—even technology companies—do not think they have information that the U.S. Government wants or needs, particularly as it might relate to a national security investigation. The reality is that as...more

10/14/2016 - Credit Reporting Agencies ECPA Electronic Communications FBI Financial Institutions Information Requests Internet Service Providers (ISPs) National Security National Security Letters (NSLs) Patriot Act Telecommunications Terrorist Threats

Six Crucial Points About Iran Sanctions Liberalization

Crucial Points - - The U.S. government has, by and large, left in place its embargo generally forbidding U.S. companies, citizens and residents, and others in the United States to engage in Iran-related...more

1/19/2016 - Aircraft Equipment Embargo General Licenses Implementation Day Iran Sanctions Joint Comprehensive Plan of Action (JCPOA) P5+1 Nations Popular

UPDATE: DoD Cybersecurity Rules Expand Contractors’ and Other DoD Awardees’ Obligations to Safeguard Sensitive Data and Report...

On December 30, 2015, DoD published an interim rule, effective immediately, amending portions of the August Rule. Most importantly, pursuant to the new rule, contractors administering covered information systems that are not...more

12/31/2015 - Cybersecurity Department of Defense (DOD) Federal Contractors Interim Rule NIST Popular

New York State Department of Financial Services Superintendent's Regulations Impose Strict Senior Officer Certification...

The last four years has seen a trend of increased law enforcement and regulatory investigations into financial institutions for sanctions violations and anti-money laundering, or Bank Secrecy Act ("BSA"), compliance. The New...more

12/23/2015 - BSA/AML Certification Requirements Economic Sanctions FFIEC Financial Institutions NYDFS Proposed Regulation Sarbanes-Oxley

DoD Cybersecurity Rules Expand Contractors’ and Other DoD Awardees’ Obligations to Safeguard Sensitive Data and Report Cyber...

The United States Department of Defense (“DoD”) recently published two new rules that impose broader obligations to safeguard information that falls within specified categories of sensitive data and to report cyber incidents...more

12/2/2015 - Cloud Computing Cyber Threats Cybersecurity Department of Defense (DOD) Reporting Requirements

Conflict Minerals Disclosure for Calendar Year 2015: "Conflict Undeterminable" Generally No Longer Permitted

The "DRC Conflict Undeterminable" determination, widely employed in conflict minerals reports to date, will not be permitted for issuers (other than small companies) reporting in 2016 on activities in calendar year 2015. At...more

9/30/2015 - Compliance Conflict Mineral Rules Due Diligence Grace Period IPSA Publicly-Traded Companies Reporting Requirements SEC

Schlumberger and PayPal Settlements Reinforce Breadth of Sanctions Compliance Challenges

Last week, U.S. authorities settled criminal charges against a subsidiary of Schlumberger Ltd. and civil claims against PayPal, Inc. Federal authorities alleged that these companies violated U.S. embargoes and other economic...more

4/9/2015 - Criminal Sanctions Felonies Iran North Korea OFAC Oil & Gas PayPal Plea Agreements Popular Sanctions Schlumberger SDN List Sudan Syria

U.S. Export Policy for Commercial and Military Unmanned Aerial Vehicles

On February 17, the Obama Administration announced a new U.S. export control policy for military and commercial Unmanned Aerial Vehicles ("UAVs"). The policy, the details of which have not been released, reportedly includes...more

2/24/2015 - Commercial Use Defense Sector Drones EAR Export Controls ITAR New Regulations Unmanned Aircraft Systems

Update on Russia-Ukraine Sanctions: Significant Expansion of Sanctions Presents Additional Compliance Challenges

On July 16, 2014, the United States announced another expansion of sanctions in response to events in southern and eastern Ukraine. The United States for the first time imposed sanctions against major Russian companies and...more

7/22/2014 - EU Foreign Policy Russia Sanctions Ukraine

Department of Defense Renewable Energy Program - Exploring the Challenges and Opportunities

Orrick and Clean Energy Pipeline have launched a series of reports dedicated to exploring investment opportunities and challenges in the U.S. renewable energy sector. In this first issue, we analyze the exciting investment...more

5/13/2014 - Department of Defense (DOD) Energy Infrastructure Power Purchase Agreements Renewable Energy Utilities Sector

Update on Russia-Ukraine Sanctions – Multiple Legal Challenges

In response to Russia's actions relating to Crimea, the United States and the European Union have expanded their lists of sanctioned parties and their legal bases for broader sanctions. These sanctions are beginning to...more

3/25/2014 - EU Russia Sanctions Ukraine

U. S. Government Penalizes Company for Alleged "Deemed Export" and Other Technology Export Violations

In February 2014, the U.S. government imposed a US$115,000 penalty against Intevac, Inc., for alleged export control violations. The government's enforcement action against Intevac reflects far-reaching positions on...more

3/11/2014 - Export Controls Exports ITAR Penalties

United States and EU Establish Sanctions Arrangements to Address Ukraine Developments

The United States and the European Union have issued sanctions measures in response to actions by Ukrainian and Russian officials. Both measures are designed to impose sanctions against individuals and entities rather than...more

3/10/2014 - EU Foreign Policy Sanctions Ukraine

Sanctions Relaxation Implemented for Iran Nuclear Agreement

On January 20, 2014, after the International Atomic Energy Agency determined that Iran had begun to meet its obligations to curtail nuclear development activities, the United States and the European Union implemented...more

1/23/2014 - EU Iran Iran Sanctions Nuclear Weapons UN Security Council United Nations

The DoD Issues New Interim Rule on PV Devices

The Department of Defense (DoD) recently issued an interim rule amending the applicable Defense Federal Regulation Acquisition Supplement (DFARS) related to country of origin determinations for photovoltaic (PV) devices...more

1/8/2014 - Country of Origin Department of Defense (DOD) DFARS Photovoltaic Solar Panels

New Solar Panel Unfair Trade Cases

On December 31, 2013, SolarWorld Industries America Inc. filed petitions with the U.S. government seeking antidumping and countervailing (anti-subsidy) duties on U.S. imports of Chinese and Taiwanese crystalline silicon...more

1/6/2014 - Anti-Dumping Duty China Countervailing Duties Imports Solar Panels Unfair or Deceptive Trade Practices

Iran Nuclear Agreement & Sanctions Suspension

The November 23 "Joint Plan of Action" regarding Iran's nuclear program (the "Agreement") contemplates that the United States and the European Union ("EU") will suspend some sanctions measures regarding Iran. This advisory...more

11/27/2013 - EU Humanitarian Assistance Iran Sanctions Joint Plan of Action Nuclear Power Trade Agreements

Antidumping Cases: Commerce Department To Employ Sampling For Respondent Selection

On November 4, 2013, the U.S. Department of Commerce ("Commerce") published changes to procedures for selecting respondents for administrative reviews of antidumping duty orders. A new sampling approach to respondent...more

11/14/2013 - Anti-Dumping Duty U.S. Commerce Department

Export Control Reform Regulations to Become Effective October 15

As described in our April 25, 2013 International Trade & Compliance Advisory, the U.S. government is engaged in a broad export control reform initiative. On October 15, 2013, the first regulatory amendments implementing...more

10/15/2013 - Aircraft Aircraft Sales Aviation Industry Export Administration Regulations Export Controls Exports ITAR

Aeroflex ITAR Settlement Illustrates Export Control Compliance Challenges

Aeroflex, Inc., a U.S. producer of microelectronics devices, recently settled allegations that its exports of certain types of semiconductor devices violated the International Traffic in Arms Regulations (“ITAR”). The...more

8/29/2013 - Compliance Export Controls ITAR Settlement

International Trade & Compliance - April 2013

The U.S. State and Commerce Departments have published amendments to the International Traffic in Arms Regulations (“ITAR”) and Export Administration Regulations (“EAR”) as a major step in implementing changes to export...more

4/26/2013 - Barack Obama Export Administration Regulations Export Controls Exports ITAR National Security US Munitions List

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