Kaye Scholer

Chris counsels and represents clients on consumer product safety, advertising, and other consumer protection before state and federal agencies, including the Federal Trade Commission and the U. S. Consumer Product Safety Commission. He also directs Kaye Scholer’s legislative practice, providing analysis as well as advocacy on matters before Congress and regulatory agencies. As a member of the National Security/CFIUS practice group, Chris has been recognized by Chambers USA: America’s Leading Lawyers for Business, which cites his experience in matters before the Committee on Foreign Investment in the United States (“CFIUS”). He has also been identified by Chambers as a Leading Individual for International Trade: Export Controls & Economic Sanctions.

National Security, Internal Investigations, and FCPA

As a member of both the National Security/CFIUS Practice Group as well as the White-Collar Litigation and Internal Investigations Practice Group, Chris represents foreign and domestic clients in acquisitions that may affect U.S. national security; helps foreign-owned clients acquire and maintain security clearances; and advises on compliance with U.S. trade sanctions and embargoes, U.S. export control laws, the Foreign Corrupt Practices Act (“FCPA”), and other anti-corruption statutes.

He has represented clients in suspension and debarment proceedings before the Department of Defense, the Air Force, the Army, the U.S. Department of State, and the Environmental Protection Agency, and in export compliance matters before the U.S. State Department, the U.S. Department of Commerce, and the U.S. Treasury Department’s Office of Foreign Assets Control, including licensing proceedings, voluntary disclosures, and the defense of government investigations. His FCPA experience includes an internal investigation under the United Nations Oil for Food program, defense of an SEC investigation involving bribery allegations in Eastern Europe, and the development of corporate compliance policies and anti-bribery training programs for corporations working in China, the Middle East, and elsewhere.

Chris is the principal author of the Debarment, Export Control, and FCPA compliance chapters in the Kaye Scholer LLP Deskbook on Internal Investigations, Corporate Compliance and White Collar Issues (Practising Law Institute), soon to be in its fifth edition.

Representative National Security Matters

• Exon-Florio reviews before CFIUS on acquisitions ranging in value from less than $1 million to $38 billion.
  
  
• FCPA investigations and compliance programs.
  
  
• Mitigation of Foreign Ownership Control or Influence (“FOCI”) for cleared U.S. government contractors.
  
  
• Export-control matters before the U.S. Departments of State and Commerce.
  
  
• Trade sanctions matters before the U.S. Department of the Treasury, Office of Foreign Assets Control.
  
  
• National security counsel in acquisitions by principal Italian industrial group operating globally in aerospace, defense and security sectors; in acquisitions by the world’s largest supplier of commercial airplane assemblies and components; and in acquisitions by a major British defense company, including a $1.8 billion acquisition.
  
  
• Representation of French defense contractor in $1B+ acquisition of U.S. manufacturer of security devices, including negotiation of National Security Agreement with CFIUS.
  
  
• On behalf of U.K. government-owned contractor, obtained Secretarial waivers of statutory prohibition against contracting with foreign government-controlled companies.

Legislative

Prior to joining Kaye Scholer, Chris served as Legislative Assistant and committee counsel for U.S. Senator John C. Danforth (R-MO), and as counsel to the U.S. Senate Committee on Governmental Affairs (now the Committee on Homeland Security and Governmental Affairs). In the course of this work, he helped draft numerous federal laws, including the Ethics in Government Act and the Paperwork Reduction Act, which created the White House Office of Information and Regulatory Affairs and established the framework for presidential oversight of federal regulatory policy.

At Kaye Scholer, Chris has advised clients on numerous legislative matters, including representation before Congress on a broad range of issues, including labor and employment laws, antitrust, tax policy, federal contracting policy, and legislation affecting the radio and television industry. He has assisted in the defense of a Congressional investigation, developed federal and national lobbying campaigns, and advised on compliance with federal election, lobbying and ethics laws. Chris has written on labor legislation for The National Law Journal and co-authored a guide to the Employee Polygraph Protection Act published by the United States Chamber of Commerce. He has lectured throughout the United States on legislative and regulatory issues. A former radio and television broadcaster, he has also helped clients structure media campaigns and communications strategies.

Advertising & Marketing

As a state assistant attorney general, Chris prosecuted consumer fraud cases. As Associate Director for Marketing Practices at the Federal Trade Commission, he was responsible for FTC programs on warranties, defective products, and fraud, and served as FTC liaison to the National Association of Attorneys General. At Kaye Scholer, he advises clients on consumer advertising and marketing issues, including warranty laws, product guarantees, and on-line campaigns, and has represented clients before state attorneys general and the FTC. He has also helped develop numerous national and regional sweepstakes, contests and promotions.

Consumer Product Safety

Chris represents clients before the U.S. Consumer Product Safety Commission (CPSC) and counsels clients on compliance with the Consumer Product Safety Act, the Consumer Product Safety Improvements Act, and related statutes and regulations. He has counseled clients in numerous product recalls and in a civil penalty investigation before the CPSC, and has assisted in the development of compliance programs, crisis management policies, and public service campaigns.