Tony Busch

International Trade

• Wrote export license application successfully overcoming BIS presumption of denial of applications for export to Chinese telecommunications company subject to recent US restricted party designations.
• Identified prohibited transaction undertaken by a target company in an acquisition while working on behalf of publicly traded client.
• Performed self-classification analysis of a cybersecurity training product containing cryptanalysis and provided compliance documents and guidance enabling export pursuant to License Exception ENC.
• Represented a publicly traded company in its voluntary self-disclosures of export violations to BIS and the Census Bureau involving products requiring use of License Exception ENC.
• Identified and described EAR violations by a target company in an acquisition causing a publicly traded company client to conduct extensive post-acquisition mitigation and investigation.
• Described risk that major technology consultancy client produces, designs, tests, manufactures, fabricates, or develops critical technologies as part of CFIUS analysis resulting in client disclaiming liability for any potential CFIUS violations during an acquisition by another company.
• Advised foreign client on application of EAR de minimis rules.
• Performed counterparty due diligence for global technology company seeking to comply with OFAC sanctions.
• Advised client on compliance with sanctions regime against Iran under The Joint Comprehensive Plan of Action (JCPOA).

Internal Investigations and Litigation

• Managed internal investigations of a publicly traded government contractor pursuant to DoD regulations and Office of Congressional Ethics (OCE) rules satisfying investigators' concerns and resulting in no further investigations undertaken and no complaints or claims filed.
• Undertook internal investigation of alleged inflation of incurred costs at publicly traded aerospace and defense company successfully satisfying government investigators that no violations occurred.
• Wrote objections to a third party subpoena served on a publicly traded aerospace and defense company client successfully reducing scope of documents sought to a fraction of those originally requested.
• Wrote Motion to Vacate Judgment on behalf of third-party garnishee nationally chartered bank successfully convincing plaintiff to consent to entry of an Order vacating judgment against the bank.
• Managed domestication and service of subpoenas to out-of-state third parties in five different states on behalf of national healthcare client involved in bet-the-company litigation against a direct competitor.