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Scott M Flicker

Partner, Litigation Department
Washington, D.C.
2050 M Street NW
Washington, D.C. 20036
United States

Fax: 1(202) 551-0126

Overview

Scott Flicker is the Chair of the Paul Hastings Washington D.C. office and leader of the firm's Global Trade Controls practice. Mr. Flicker advises clients in matters arising from cross-border mergers and acquisitions, financings and operations, including foreign investment reviews, export controls and trade sanctions, competition law, and trade agreements. He has been recognized as a leading practitioner before the Committee on Foreign Investment in the United States (CFIUS), having represented both U.S. and non-U.S. companies in connection with some of the most reported cross-border investment transactions of the past decade.

Accolades and Recognitions

  • Ranked by Chambers USA Nationwide for International Trade: CFIUS Experts; and for International Trade: Export Controls & Economic Sanctions (2018)

  • Ranked by Chambers Global for International Trade: Export Controls and Economic Sanctions (2018)

  • BTI Consulting Group, honored as Client Service All-Stars for 2018

  • 2018 Acritas Star, honored as one of the most outstanding lawyers

Education

Mr. Flicker received his B.A. degree in Philosophy in 1985 from the University of California at Berkeley. He received his J.D. degree in 1988 from the University of California at Los Angeles, where he was a member of the Order of the Coif. Mr. Flicker awarded Best Third Year Advocate in UCLA School of Law Moot Court Honors Program.


Bar Admissions

Mr. Flicker is a member of the bars of the District of Columbia and California. He has also been admitted to practice before the United States Supreme Court, the United States Court of Appeals for the District of Columbia, Ninth and Federal Circuits, as well as numerous Federal district courts throughout the United States.

Speaking Engagements

  • 12th Annual Flagship Conference on Economic Sanctions Enforcement and Compliance: "How Sanctions and Export Controls are Being Used as a Major Part of the Overall U.S. Policy on China"

  • British Chamber of Commerce in Hong Kong: Cyber Threats, Active Defense and the Cross Border Business

  • SCCE Regional Compliance and Ethics Conference

  • A One-Two Punch: The U.S. Government Hits China's Technology Sector (May 17, 2019)

  • Something Familiar, Something New: OFAC's Compliance Program Framework (May 06, 2019)

  • Sanctions Compliance Shortfalls Result in $1B Global Enforcement Action (April 11, 2019)

  • New CFIUS Law Should Quicken and Improve Reviews of Foreign Investments in the U.S. (February 11, 2019)

  • DOJ Voluntary Disclosure Guidance Signals Expanded Role in Export Control & Sanctions Investigations

  • United States of America v. Reza Zarrab: The Long Reach of U.S. Sanctions May Have Just Gotten Longer

  • "CFIUS and China: Is This the Year of the Big Showdown?," Paul Hastings Publication, March 2016

  • "Ready Or Not, Implementation Day Is Here At Last," Law360, January 2016

  • "U.S. Secretary of State John Kerry Reopens American Embassy in Cuba," Washington Perspectives Blog, August 2015

  • "UN Passes Resolution Endorsing Joint Comprehensive Plan of Action," Washington Perspectives Blog, July 2015

  • "United States and Cuba Formally Restore Diplomatic Ties," Washington Perspectives Blog, July 2015

  • "P5+1 and Iran Reach Nuclear Agreement in Vienna," Washington Perspectives Blog, July 2015

  • "P5+1 Negotiations With Iran - June 16 - July 10 Updates," Washington Perspectives Blog, June and July 2015

  • "'New Chapter' Begins as U.S. and Cuba Agree to Reopen Embassies," Washington Perspectives Blog, July 2015

  • "The Business Bottom Line on the Iran Agreement," Washington Perspectives Blog, July 2015

  • "U.S. State Department Removes Cuba from State-Sponsored Terrorism List, Paving the Way for Complete Normalization," Washington Perspectives Blog, June 2015

  • "Welcome To Washington Perspectives," Washington Perspectives Blog, June 2015

  • "Submission Deadline for First Time Filers of the BE-10 Benchmark Survey Extended," Paul Hastings Publication, May 2015

  • "Recent Developments in U.S. Investigations and Litigation," Paul Hastings Publication, May 2015

  • "White House Notifies Congress of Intent to Rescind Cuba's Status as State Sponsor of Terrorism - But Significant Roadblocks Remain," Paul Hastings Publication, April 2015

  • "The Iran Accord-What It Means for Our Clients," Paul Hastings Publication, April 2015

  • "Commerzbank, Schlumberger Settlements Mark Acceleration of Sanctions-Related Enforcement Activities," Paul Hastings Publication, March 2015

  • "Proposed Rulemaking by the Bureau of Economic Analysis Could Result in Mandatory Reporting Obligations for Large Swath of U.S. Financial Services Providers," Paul Hastings Publication, February 2015

  • "Acting on the President's December Announcement, OFAC Implements Changes to Cuba Sanctions Policy," Paul Hastings Publication, January 2015

  • "The Cuba Embargo: What Now?," Paul Hastings Client Alert, December 2014 (with the Paul Hastings Global Trade Controls Team)

  • "High Stakes in Ukraine: U.S. and EU Ratchet Up Sanctions Against Russia as Fragile Peace Process Gets Underway," Paul Hastings Client Alert, September 2014

  • "Washington Perspectives," Paul Hastings Publication, August 2014

  • "New Restrictions Curtail Use of U.S. Equipment or Technology for Oil & Gas Exploration and Production in Russia," Paul Hastings Client Alert, August 2014

  • "New Coordinated U.S. and EU Sanctions Target Russian Banks, Oil Industry," Paul Hastings Client Alert, July 2014

  • "U.S. Issues Significant, Targeted Sanctions Against Designated Firms in Russian Financial and Energy Sectors," Paul Hastings Client Alert, July 2014

  • "A Look Behind the Curtain: D.C. Circuit Orders Obama Administration to Provide Chinese Company with Explanation for CFIUS Challenge to Wind Farm Investment," Paul Hastings Client Alert, July 2014 (with Dana Stepnowsky)

  • "U.S. Treasury Makes More Ukraine-Related Designations, Focuses on Separatist Leaders," Paul Hastings Client Alert, June 2014

  • "U.S. Intensifies Sanctions Against Russian Individuals and Entities," Paul Hastings Client Alert April 2014

  • "More Fallout from Crimea: Commerce and State Departments Announce Holds on New Licenses for Exports to Russia," Paul Hastings Client Alert, March 2014

  • "U.S. Targets Russian Insiders President Obama Imposes Additional Sanctions in Response to Ukraine Crisis," Paul Hastings Client Alert, March 2014

  • "President Obama Imposes Broad Sanctions Framework in Response to Ukraine Crisis: Prepare for an Uncertain Future," Paul Hastings Client Alert, February 2014

  • "Review of China Deals in the U.S.: More, Broader, Stricter," Paul Hastings Publication, January 2014 (with Hamilton Loeb)

  • "The U.S. Follows Through on Temporary Suspension of Sanctions, as Parties Continue to Negotiate Over Irans Nuclear Program," Client Alert, January 2014

  • "Caution Here: The New Iran Nuclear Accord and the Temporary Easing of Sanctions Do Not (Yet) Mean that Sunny Relations Lie Ahead," Paul Hastings Client Alert, November 2013

  • How the U.S. Government Shutdown and Debt Ceiling Could Affect Korean Companies, Paul Hastings Client Alert, October 2013 (with Behnam Dayanim, Hamilton Loeb and Devon Winkles)

  • International Trade Policy in President Obama's Second Term - A Conversation with Scott M. Flicker of Paul Hastings' Global Trade Controls Practice, Paul Hastings Podcast, November 2012

  • No More Safe Harbors: New Statute Expands Iran Sanctions Liability for U.S. Parent Companies, Paul Hastings Client Alert, October 2012 (with Devon Winkles)

  • U.S. Announces "Conditional Suspension" of Sanctions Against Burma - With Strings, Paul Hastings Client Alert, July 2012 (with Devon Winkles)

  • OFAC Settlement Highlights Importance of Proactive Compliance Monitoring, Paul Hastings Client Alert, June 2012 (with Kevin Petrasic and Amanda Jabour)

Involvement

  • Mr. Flicker has served as an adjunct professor of law at George Washington University School of Law, and as a guest lecturer on international trade at the George Washington University.

Recent Representations

 Global Compliance and International Trade. Mr. Flicker has:

  • represented both acquiring and acquired interests in foreign investment/national security reviews before the Committee on Foreign Investment in the United States ("CFIUS") under the Exon-Florio statute;

  • conducted and supervised corporate internal investigations of reported economic sanctions or export control law violations;

  • led and addressed compliance due diligence in the context of mergers and acquisitions and financings;

  • negotiated and prepared international trade compliance terms, representations and warranties in acquisition, international distributor, sales and joint venture agreements;

  • advised issuers and underwriters on global trade controls aspects of cross-border financings;

  • designed and conducted in-house training programs on issues of international trade compliance for domestic and overseas personnel of multinational corporations;

  • counseled clients on various aspects of U.S. export control and trade embargo laws administered by the U.S. State Department, U.S. Commerce Department and U.S. Treasury Department, including enforcement matters;

  • advised and represented clients with respect to Section 337 actions in numerous industries, including semiconductor technology, pharmaceuticals and chemicals;

  • represented foreign exporters and foreign governments in U.S. antidumping and countervailing duty proceedings;

  • represented Chinese government and industry clients in proceedings before the International Trade Commission and the U.S. Trade Representative; and

  • counseled clients in cases brought under Title III of the Trade Act of 1974 in the automotive, financial services and electronics industries.

Administrative Law and Appellate Practice. As a Washington, D.C.-based practitioner, Mr. Flicker has extensive administrative law experience, including District Court challenges under the Administrative Procedure Act, petitions for review in the U.S. Court of Appeals for the D.C. Circuit, and proceedings before the United States Supreme Court. Prior to graduating from the UCLA School of Law, Mr. Flicker served as an extern clerk in the Chambers of Hon. William A. Norris, U.S. Court of Appeals for the Ninth Circuit.

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