Nicholas Klein advises clients on international trade and national security matters, including export controls, CFIUS, sanctions, anti-boycott, 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 regularly handles high-profile mergers and acquisitions, including national security reviews before the Committee on Foreign Investment in the United States (CFIUS). 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), federal firearms regulations, nuclear export controls and anti-boycott regulations.
He represents corporations, boards of directors and individuals with internal investigations, voluntary disclosures and the resolution of administrative enforcement proceedings. He assists companies with designing and implementing compliance programs and corporate policies regarding the international trade laws.
Mr. Klein provides legal and related 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 is experienced litigating complex antidumping and countervailing duty cases before the U.S. Department of Commerce, the U.S. International Trade Commission, the Court of International Trade and the Court of Appeals for the Federal Circuit.
Examples of recent significant representations include:
- A. Schulman, Inc. in its pending $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.;
- Fortive Corporation in the pending $3 billion combination of four operating companies with Altra Industrial Motion Corp.;
- 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;
- Key Safety Systems, Inc. in its $1.6 billion acquisition of substantially all of the assets and operations of Takata Corporation;
- 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 maintenance, repair and overhaul provider, in numerous transactions; and
- Verscend Technologies, Inc. in its $4.9 billion acquisition of Cotiviti Holdings, Inc.
Prior to joining Skadden, Mr. Klein practiced at another major international law firm, where he focused on government investigations, trial practice and international trade. 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.