Nicholas Klein advises clients on international trade and national security matters, including national security reviews before the Committee on Foreign Investment in the United States (CFIUS), mitigation of foreign ownership, control or influence (FOCI) under industrial security regulations, U.S. export controls, economic sanctions, anti-boycott regulations, and trade remedies and policy. He represents clients in the aerospace and defense, telecommunications, financial services, manufacturing, energy and technology sectors, among others.
Mr. Klein has significant experience counseling clients on complex compliance, licensing and enforcement matters related to the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), the embargoes and sanctions programs administered by the Office of Foreign Assets Control (OFAC), federal firearms regulations, nuclear-related export controls, and anti-boycott regulations. He was recognized among the Young Practitioners of the Year in the 2018 WorldECR Awards.
He represents corporations, boards of directors and individuals with internal investigations, voluntary disclosures and the resolution of administrative enforcement proceedings. He also assists companies with designing and implementing compliance programs and corporate policies regarding the international trade laws.
Mr. Klein provides legal and policy advice with respect to international trade agreements, such as the North American Free Trade Agreement, World Trade Organization agreements, and bilateral and multilateral trade negotiations. He also advises both U.S. and foreign clients with respect to tariffs and investigations under Sections 201 and 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962. Examples of recent significant representations include:
- A. Schulman, Inc. in its $2.25 billion acquisition by LyondellBasell Industries N.V.;
- Cardinal Health, Inc. in its $6.1 billion acquisition of Medtronic plc’s medical supplies businesses;
- Cavium, Inc. in its $6 billion acquisition by Marvell Technology Group Ltd.;
- Dürr AG in its acquisition of the industrial environmental technology business of Babcock & Wilcox Enterprises, Inc.;
- Esterline Technologies Corp. in its $4 billion acquisition by TransDigm Group Inc.;
- Fortress Investment Group LLC in its $3.3 billion acquisition by SoftBank Group Corp.;
- Intel Corporation in its sale of Wind River Systems, Inc. to TPG Capital;
- Peraton Corp., an affiliate of Veritas Capital, in its $690 million acquisition of the government IT services business of Harris Corporation;
- Rockwell Collins, Inc. in its pending $30 billion acquisition by United Technologies Corp.;
- StandardAero, Inc., an aerospace MRO provider, in numerous transactions; and
- XL Group in its $15.3 billion acquisition by AXA SA.
While in law school, Mr. Klein clerked at the Office of the United States Attorney and worked for Hon. Timothy M. Tymkovich and Hon. Neil M. Gorsuch, both of the U.S. Court of Appeals for the Tenth Circuit. Before attending law school, Mr. Klein was an officer and paratrooper in the United States Army, leading hundreds of counterterrorism and counterinsurgency combat operations in Iraq. He was a U.S. Army Ranger and an airborne jumpmaster. Mr. Klein maintains an active pro bono practice advocating on behalf of military veterans.