Nicholas Klein concentrates his practice in national security and international trade with a focus on reviews before the Committee on Foreign Investment in the United States (CFIUS), U.S. export controls, and economic sanctions.
Nick has extensive experience advising U.S. companies and foreign investors in understanding and allocating CFIUS risk, determining whether filings are mandatory or advisable, and navigating the CFIUS process. He assists companies with facility security clearances to mitigate foreign ownership, control or influence (FOCI) under the industrial security regulations. Nick represents clients in the aerospace and defense, telecommunications, financial services, manufacturing, software, professional services, cybersecurity, life sciences, biotechnology, energy, and emerging technology sectors, among many others.
Nick has been named to Foreign Investment Watch’s Top Advisors List for 2022 and 2023, which recognizes "top advisors who provide advice and counsel concerning foreign investment and national security in the U.S. and abroad."
Nick regularly counsels 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 has considerable experience designing and implementing compliance programs and corporate policies regarding U.S. export controls and economic sanctions laws. Nick also assists companies with trade compliance assessments and internal investigations, voluntary disclosures, licensing, and export classification.
While in law school, Nick 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. Prior to his legal career, Nick was an officer and paratrooper in the United States Army, serving as a U.S. Army Ranger and an airborne jumpmaster.
Nick maintains an active pro bono practice advocating on behalf of military veterans.
Representative Transactional Matters include:
- Costar Technologies, Inc., a security solution and surveillance camera business, in its acquisition by IDIS Co. Ltd.
- Monnoyeur Group in its acquisition of VinZero, a digital technology in architecture, engineering, construction company
- Mercedes Benz Group AG in its investment in Factorial Energy, a developer of solid-state battery cells
- STORE Capital Corporation in its acquisition by GIC and Oak Street Capital, a division of Blue Owl Capital
- CBC Europe S.à r.l. in its acquisition of SinterFire, Inc., a manufacturer of projectiles and ammunition
- John Menzies plc in its acquisition by Agility Public Warehousing K.S.C.P
- Koura Global, a subsidiary of Orbia Advance Corporation S.A.B. de C.V., in its acquisition of Silatronix, Inc., a battery technology company
- insightsoftware in its investment from Hg Capital
- MITRO Biotech Co., Ltd. in its acquisition of XingImaging, LLC, a biomarker imaging company leading radiopharmaceutical imaging trials
- GMM Pfaudler Ltd. in the reorganization of the Pfaudler Group
- Harrison Street Real Estate Capital in its acquisition of its acquisition of SDC Summit Holdings, a leading dark fiber infrastructure provider
- JGC Holdings Corporation in its investment in NuScale Power, LLC, a developer of small modular reactors
- Parasol Renewable Energy LLC in the sale of Clēnera to Enlight Renewable Energy Ltd.
- Ecwid Inc. in its acquisition by Lightspeed POS Inc., global e-commerce platform
- Learning Technologies Group in its acquisition of GP Strategies Corporation
- Montana Aerospace AG in its pending acquisition of ASCO Industries
- Stantec, Inc. in its acquisition of the U.S. engineering and consulting business of Cardno Limited
- Neva SGR SPA, Intesa Sanpaolo Group's venture capital fund, in its investment in Skydweller Aero Inc.
- Noosphere Ventures with its acquisition of certain assets of Firefly Systems (Firefly Aerospace)
- RocketLab USA, Inc. in its acquisition of SolAero Holdings, Inc.
- TDK Corporation with respect to its acquisition of Chirp Microsystems, Inc.
Representative Compliance Matters include:
- Advising companies, particularly technology companies, on the impacts of U.S. sanctions and export controls on Russia, Belarus, and Ukraine to their operations in those countries.
- Advising money managers, private equity, sovereign wealth funds, SPACs, among other parties on the impact of U.S. regulatory changes with respect to China.
- Counseling several global and U.S. companies with respect to supply chain and operational implications of U.S. regulatory changes with respect to China.
- Conducting numerous internal investigations and favorably resolving voluntary disclosures with BIS (EAR), DDTC (ITAR) and OFAC (sanctions) for U.S. and non-U.S. companies across a broad range of sectors, including IT services, software and software services, e-commerce, cybersecurity, defense contracting, aerospace MRO, manufacturing, semiconductors, energy infrastructure and equipment, and telecommunications.
- Advising joint ventures on export control implications for formation and operation.
- Developing and implementing all aspects of compliance programs for several multinational companies, including policies and procedures, export classifications, export licensing, third-party contracts, distribution and vendor assessment, know-your-customer screening, and compliance with export controls, economic sanctions, anti-bribery/FCPA, anti-money laundering, anti-boycott, and customs regulations in global business operations.
- Managing ITAR-related registration and notification obligations for multiple portfolio companies of U.S. private equity funds and U.S. defense contractors.
- Evaluating export control classifications for numerous products, software and technology, including manufactured goods, composites, semiconductors, artificial intelligence, sensors, satellite and spacecraft, clean energy, and encryption, among others.
- Preparing Encryption Licensing Arrangements, encryption classification determinations, and assisting with required encryption-related filings under export controls.
- Counseling major European automotive manufacturer in connection with China-specific U.S. export controls compliance matters.
- J.D., University of Denver
- B.A., James Madison University
- "Perils of FDI Reviews in Unexpected Places," ALM China Law & Practice, January 11, 2023
- "Voluntary CFIUS Filings May Limit Uncertain Outcomes," Law360, 25 June 2021
- "Further U.S. restrictions against business with China and Russia may potentially impact Israeli companies," Calcalist, April 20, 2021
- "Insurance Sector Should Expect More Focus From CFIUS," Law360, September 9, 2020
- "Five best practices to navigate CFIUS under the new regulations," Foreign Investment Watch, May 28, 2020
- "US cracks down on investors with Russian, Chinese links," Globes, February 13, 2020
- Speaker, "2023 Fall Advanced Conference: The New Era of Trade Compliance," Society for International Affairs, October 24, 2023
- Podcast, "Shaping America’s Global Relations," SideBar Advisors, September 29, 2023
- Speaker, "Trade and Technology Year in Review," Berkeley Law Center for Law & Technology, June 20, 2023
- Speaker, "9th National Conference on CFIUS," American Conference Institute, April 13-14, 2023
- Speaker, "National Conference on CFIUS," American Conference Institute, April 26-27, 2022
- Speaker, "U.S.-China Trade Controls," American Conference Institute, October 12-13, 2022
- Speaker, "Berkeley Center for Law & Technology, China Law, Trade, and IP 2021," Conference, November 10, 2021
- Moderator, "Society for International Affairs 2021 Fall Advanced Conference on Evolving Export Controls," Conference, CFIUS and ECRA, October 25, 2021
- Speaker, "The Japan Society of Northern California and JETRO," Webinar, October 7, 2021
- "Biden’s Clamp on China Security Reviews Frustrates Deal Seekers," Bloomberg Law, June 5, 2023
- "Chinese filings for U.S. clearance on investments doubled in 2021," CNBC, August 3, 2022
- "Design of new high-tech export controls aimed at China: A sign of what's to come?" World Trade Online, October 17, 2022
- "U.S. tightens exports to China's chipmaker SMIC, citing risk of military use," Reuters, Sep. 26, 2020
- "US tightens exports to China's chipmaker SMIC, citing risk of military use," Channel News Asia (CNA), Sep. 26, 2020
- "U.S. tightens exports to China's chipmaker SMIC, citing risk of military use," The Japan Times, Sep. 26, 2020
- "Donald Trump: US Treasury should get cut of TikTok deal," BBC News, Aug. 4, 2020
- "Trump's bid for a piece of Microsoft-TikTok deal could spur legal action," Reuters, Aug. 4, 2020
- "Exclusive: Winning bidder for Grindr has ties to Chinese owner," Reuters, June 2, 2020
- Live Interview, "Trump's call for a cut of Microsoft-TikTok deal faces legal challenges," CGTN, Aug. 4, 2020
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