Mark S. Ostrau
Fenwick’s regulatory team, based primarily in Washington, DC, has in-depth experience advising established as well as newly formed companies with innovative technologies and business models. Our representation spans complex transactions, litigation, investigations, regulatory compliance requirements and enforcement actions.
Our regulatory attorneys are leaders in antitrust, cross-border trade and national security law. We guide innovative and oftentimes pioneering companies, both emerging and established, through a rapidly evolving regulatory landscape at the state, national and international levels.
The regulatory team’s advice and counsel is integrated closely with each client’s overall legal strategy and business objectives, on specific regulatory matters and as a component of a transaction or dispute.
We also work with clients on regulatory strategic planning, including building and strengthening internal compliance programs, so they are well-positioned for healthy competition and growth in domestic and global markets.
Antitrust and Competition
Our antitrust and competition team advises and provides solutions with respect to the full range of complex antitrust issues, including mergers, joint ventures and other competitor collaborations, agreements with suppliers and distributors, the IP-antitrust interface and potentially exclusionary conduct by dominant firms, as well as antitrust litigation.
We work continuously before the Federal Trade Commission, the Antitrust Division of the U.S. Department of Justice and the State Attorneys General Offices. Our team has strong ties to the U.S. antitrust enforcement agencies and an extensive track record of successful outcomes in merger reviews and conduct investigations.
Trade and National Security
The firm’s trade and national security team has substantial experience advising companies in strategic cross-border transactions, enforcement matters and regulatory compliance. They are well-versed in the wide array of trade controls, trade policy and national security implications for foreign direct investment.
The team advises companies on commercial and defense export controls under the EAR, ITAR, DOE and NRC regulations; OFAC sanctions; trade policy; the regulation of emerging technologies and digital trade; CFIUS, FOCI and other national security issues involving foreign investment in U.S. businesses; and internal investigations and compliance matters.
Our credibility with the U.S. agencies and familiarity with their processes give us a strong platform from which to navigate transaction reviews and respond at any phase of a criminal or civil investigation.