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Ed Lebow in Law360: Tips For Export Compliance That Won't Break The Bank

NEW YORK - An avalanche of export control enforcement actions and steeper penalties should have companies jumping through hoops to make sure they are in compliance, but in the current economic climate, a safeguard program that doesn't immediately benefit the bottom line can be a tough sell. >>



Edward M. Lebow

Of Counsel

Washington, D.C.


1615 L Street, NW
Suite 800
Washington, District of Columbia 20036-5610
T +1 202.654.4514
F +1 202.654.4244

Areas of Practice

Education

  • J.D., Harvard Law School
  • B.A., Harvard University, with honors

Bar Admissions

  • District of Columbia
  • Massachusetts
  • New York

Court Admissions

  • District of Columbia Court of Appeals
  • Supreme Judicial Court of the Commonwealth of Massachusetts
  • U.S. Court of International Trade
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • State of New York Court of Appeals

Languages

  • French
  • Japanese

Ed Lebow is Of Counsel and leader of the firm's International Trade Practice Group. He was formerly an Assistant General Counsel of the U.S. International Trade Commission, focusing on Antidumping, Countervailing Duty and Section 337 cases. He also headed the ITC office responsible for enforcement of U.S. intellectual property rights, including patents. With long-standing ties to Japan and Japanese language facility, Mr. Lebow has had over 20 years' experience representing U.S., Japanese and other foreign clients in major Antidumping, Countervailing Duty and Section 337 cases. In addition, he has worked extensively in the Export Control, Customs and Buy America Act fields.

Mr. Lebow's practice has included the following matters:

  • Represented the victorious petitioner in the first antidumping action filed after the Uruguay Round Amendments, which established the World Trade Organization.

  • Defended Japanese, Korean and Mexican manufacturers of numerous types of products, such as textiles, steel, high strength plastics, heavy electric equipment, intricate machinery and consumer electronics in U.S. antidumping, countervailing duty and section 337 proceedings.

  • Achieved imposition of penalty duties of up to 78 percent on dumped imports of a specialty chemical from seven countries.

  • Successfully defended a Japanese manufacturer of printers before the American Arbitration Association against a $40 million claim for allegedly defective products.

  • Administered a cost-effective export licensing program for a U.S. exporter of high technology controls for aircraft and armored vehicles.

  • Counseled a Japanese manufacturer in achieving a highly desirable outcome of a U.S. Customs Service transfer pricing audit.

  • Defended a U.S. subsidiary of a Japanese machinery manufacturer in a Defense Criminal Investigative Service inquiry into allegations of false claims under the Buy America Act.

Selected Representative Experience


Export Licensing - Healthcare Software Manufacturer
Represented a healthcare software manufacturer in the classification of its software products and prepared contract language to ensure customer compliance with U.S. export controls.

Export Licensing - Optical Networking
Represented a leading European optical networking manufacturer in the classification of its hardware and software products and advised on export controls compliance issues for its international sales.

Export Licensing - Electronic Payment Software Company
Represented an electronic payment software company in the classification of its software products and advised on export controls compliance issues for its international sales.

Export Licensing - Israeli Defense Electronics Manufacturer
Represented a leading Israeli defense electronics manufacturer in several ITAR investigations before the DDTC.

Representation of Developers of Night Vision Equipment
Represented developers of night vision equipment in connection with export regulatory planning.

In the Matter of Certain Screen Printing Machines, Vision Alignment Devices Used Therein, and Parts Thereof (337-TA-488, Speedline Technologies, Inc. v. Ekra GmBH and Ekra America, Inc.)
Represented Ekra GmbH, and its U.S. subsidiary, Ekra America, Inc., in connection with investigation of certain screen alignment devices for the production of computer circuit boards.

Antidumping Investigation of Industrial Nitrocellulose
Successfully prosecuted antidumping case and ITC Sunset Review on behalf of Hercules Incorporated against imports of industrial nitrocellulose from Brazil, China, France, Germany Japan, Korea and the United Kingdom, with penalty duties of up to 78 percent.

Antidumping Investigation of Polyvinyl Alcohol from China, Japan and Taiwan
Successfully prosecuted antidumping case on behalf of Air Products and Chemicals, Inc. against imports of polyvinyl alcohol from China, Japan and Taiwan.

Antidumping Reviews of Large Power Transformers from Japan
Represented Fuji Electric in connection with U.S. Department of Commerce administrative reviews of antidumping duty order on large power transformers from Japan, as well as related appellate litigation.

Antidumping Investigation of Purified Carboxymethylcellulose from Finland, Mexico, the Netherlands and Sweden
Successfully prosecuted antidumping case on behalf of Hercules Incorporated against imports of purified carboxymethylcellulose (also known as cellulose gum) from Finland, Mexico, the Netherlands and Sweden, with on-going annual duty reviews.

In the Matter of Certain High Intensity Retroreflective Sheeting (337-TA-268, Minnesota Mining and Manufacturing Co. v. Seibu Pollymer Chemical Co., Ltd. and Seibulite International, Inc.)
Represented Seibu companies in connection with allegations of infringement of patent covering retroreflective backing in highway signage.

Export Licensing - Electronics Manufacturer
Represented a leading Israeli defense electronics manufacturer in several ITAR investigations before the DDTC.

Antidumping Review of Portable Electric Typewriters from Japan
Represented Japanese office and retail systems equipment manufacturer in connection with U.S. Department of Commerce administrative review of antidumping duty order on portable electric typewriters and subsequently in U.S. Customs audit and commercial matters related to imports of computers, printers and business and retail systems.

In the Matter of Certain Personal Computers and Digital Display Devices (337-TA-606, Hewlett –Packard v. Acer, Inc. and Acer America Corporation)
Represented Wistron Corporation, a leading Taiwanese original design and computer manufacturer, in connection with investigation concerning allegations by Hewlett Packard Corporation of patent infringement by Acer Inc. for which Wistron manufactures several laptop models.

Antidumping and Countervailing Duty Reviews of Certain Hot-Rolled Carbon Steel Flat Products from India
Represent Tata Steel in connection with U.S. Department of Commerce administrative reviews of antidumping and countervailing duty orders on certain hot-rolled carbon steel flat products from India.

In the Matter of Certain Phenylene Sulfide Polymers and Polymer Compounds and Products Containing Same (337-TA-296, Phillips Petroleum Co. v. Kureha Chemical Industries Co., Ltd. and Hoechst Celanese Corp.)
Represented Kureha Chemical Industries in patent infringement case involving high-strength plastics.

Memberships

  • American Bar Association (Co-Chair, Asia/Pacific Committee, Section of International Law)
  • District of Columbia Bar
  • Japan-America Society of Washington, D.C.

Online Publications

04/14/2010 - New Development in Foreign Anticorruption Law: The United Kingdom’s Bribery Act Reaches Far Beyond the British Isles
On April 8, 2010, the United Kingdom adopted The Bribery Act, and all U.S. companies with operations in the U.K., that employ U.K citizens, or that engage in activities involving U.K. facilities or resources, such as British bank accounts, should take note.

02/01/2010 - Enforcement of the Foreign Corrupt Practices Act: The Hits Keep Coming
On January 19, 2010, the Department of Justice pulled back the curtain on its largest prosecutions of individuals in the history of the Foreign Corrupt Practices Act (“FCPA”). About 150 agents from the Federal Bureau of Investigation arrested 22 individuals and executed 14 search warrants in the United States and United Kingdom. Those arrested are believed to represent about 16 companies involved in the foreign bribery investigation.

01/14/2008 - The Foreign Investment and National Security Act of 2007

07/27/2007 - Predictable Rules Once Again Govern Foreign Investment into the United States
 

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