With nearly 40 years of legal experience—including service as a JAG Officer in the United States Marine Corps—Ken is recognized internationally for his work on national security matters, including his extensive experience with Committee on Foreign Investment in the United States (“CFIUS”) reviews, export controls, economic sanctions, anti-money laundering (“AML”) and trade enforcement investigations.
Ken’s transactional work includes analyzing and preparing transactions for review by CFIUS and performing due diligence, assessment, and examination of often-latent national security issues. He has spoken nationally and internationally before business and government audiences on CFIUS and the developing outbound investment regulations regime. His highly recognized CFIUS presence is complemented by decades handling trade due diligence. He works with both buyers and sellers on public and private transactions in the million- and billion-dollar ranges. Ken’s experience with CFIUS includes nearly all industries and transactions from more than 15 countries, including Japan, Germany, the United Kingdom, Canada, Denmark, South Korea, Australia, and Indonesia. Ken is a Foreign Investment Watch (“FIW”) Top Advisor on national security and foreign investment reviews, and serves on the FIW Editorial Advisory Board.
In the area of export controls and sanctions, Ken counsels clients facing complex enforcement matters before the U.S. Department of Commerce, the U.S. Department of State, the U.S. Department of the Treasury, U.S. Customs and Border Protection, the U.S. Department of Justice, and the U.S. Department of Homeland Security. He has litigated such matters administratively and in U.S. district and appellate courts.
Ken’s conducts internal investigations for clients into actual or potential compliance issues arising under the Export Administration Regulations (“EAR”), the International Traffic in Arms Regulations (“ITAR”), U.S. sanctions regulations, and U.S. customs regulations. He has led investigations spanning multiple countries and continents and involving thousands of potential violations, as well as helping clients through investigations large and small leading to voluntary disclosures, negotiations, and resolutions.
Ken provides comprehensive investigation management and execution, from the preparation of an investigation plan to the preparation, filing, and resolution of voluntary and directed disclosures of U.S. government investigations and subpoenas related to export and import matters. His investigations work regularly involves fact gathering, witness interviews, board of directors counseling, preparation of reports for submission to U.S. government agencies, and settlement of enforcement actions.
Ken also has aided companies with responses to various Executive and Congressional information requests and filings, including those under section 332(g) of the Tariff Act, BE-13 filings with the U.S. Department of Commerce, or ITAR registrations and 122.4 notices with the U.S. Department of State.
Ken has written numerous articles and chapters, and lectures regularly on CFIUS, export investigations, and export control and compliance issues. He serves as a resource for multiple publications on export, economics, and national security issues. Ken maintains an active pro bono practice representing veterans seeking benefits and discharge upgrades.
Ken served as a law clerk to Judge Philip B. Baldwin of the U.S. Court of Appeals for Federal Circuit from1988 to1989.
