Justin A. Schenck is a partner in Kirkland’s International Trade and National Security Practice Group in the Washington, D.C., office. Justin’s practice focuses on economic sanctions administered and enforced by OFAC, export controls administered and enforced by BIS and DDTC, antiboycott restrictions, anti-money laundering laws and regulations, and national security reviews of foreign investment in the United States by CFIUS.
Justin’s deep experience centers around the practical application of these legal and regulatory regimes in both the transactional and advisory contexts. Justin regularly assists private equity sponsors and their portfolio companies with economic sanctions and export controls due diligence matters at every stage of complex and high-value cross-border transactions. He serves as a go-to resource for clients in connection with international trade and national security advisory and enforcement issues that arise post-closing, and has significant experience leading trade controls risk assessments and counseling companies seeking to develop or strengthen their trade controls compliance programs. Justin has also served as trade counsel for companies operating under government-imposed conditions, including a DDTC consent agreement and CFIUS national security agreements and letters of assurance.
Justin has advised on transactions, compliance and enforcement matters across a variety of industries, including aerospace and defense, consumer products, pharmaceuticals, finance, energy, telecommunications, consulting, technology and software.
Justin’s practice includes:
- Overseeing international trade and national security issues throughout the life of complex cross-border transactional matters, from pre-LOI due diligence, to managing all trade controls due diligence issues, to post-signing and -closing national security filings.
- Counseling private equity sponsors and their portfolio companies on the day-to-day impacts of economic sanctions, export controls, antiboycott restrictions and AML laws and regulations, enabling them to make informed risk-adjusted business decisions.
- Leading internal reviews and investigations related to potential violations of economic sanctions and export controls and, when warranted or required, self-disclosures to BIS, DDTC and/or OFAC.
- Drafting and coordinating OFAC, BIS and DDTC license applications and advisory opinion requests.
- Preparing export controls classification requests and required filings with and notifications to BIS and DDTC.
- Engaging with CFIUS on reviews of specific transactions and working with CFIUS to address the U.S. government’s identified national security concerns in the context of a planned or completed transaction.
