I provide strategic advice to companies, trade associations and governments on their market access rights under the WTO and other trade agreements - and how to effectively pursue their rights in the real world. I provide rights-based policy advocacy arguments, policy papers and legislative drafting, to propel successful advocacy in negotiations and the legislative arena.
In 30-plus years advising on private and government clients' trade issues, I have dealt with many industries, including software (business software and video games), digital content (motion pictures, video, online music), electronics, satellites, medical devices, chemicals, pharmaceuticals, metals, cement, energy (solar, wind and oil & gas), automotive trade, textiles and apparel, agriculture and aquaculture (subsidies, market access, regulatory trade barriers, sweeteners and processed food), wine, distilled spirits, and forest products. I have worked with companies and trade associations in a range of service industries including cloud-based computer and related services, digital music and video, express delivery, banking, securities and insurance services, telecommunications, distribution, and professional services.
- Litigated or advised on over 100 government-to-government trade disputes, including the key cases that shaped WTO law during the first five years of the WTO. Have drafted WTO submissions and arguments for governments and stakeholders, and appeared before panels and the WTO Appellate Body. Advise governments and stakeholders on their WTO rights and obligations.
- Counsel to U.S. business coalition policy initiative on trade issues related to state-owned enterprises (SOEs) in the global economy; coalition efforts resulted in successful U.S. government initiative to negotiate and achieve inclusion of a chapter on SOEs in the text of the Trans-Pacific Partnership (TPP) Agreement.
- Advise governments, trade associations, and companies in the business software, video game, motion picture, online music and digital publishing industries on market access issues, including market access barriers in Asian, Latin American and European markets
- Advised the international recording industry on market access for digital music in China, including assistance with the successful WTO case against China's restrictions on market access for online sound recording distribution services
- Advise companies and trade associations on how the WTO and trade and investment agreements can help them overcome market access barriers for cloud-based businesses
- Advise agricultural stakeholders and associations on WTO and trade agreement issues, including market access barriers and subsidies
- Advise on trade aspects of environmental and energy initiatives, including clean energy, climate change and environmental labeling
- Analysis and advice on tariffs and customs issues on technology products, and on government procurement trade
- Advised digital content industries and companies on trade aspects of online censorship and content regulation
- Advised companies, trade associations and governments on market access issues for international service businesses and imported goods and digital content in China
- Advised U.S. sweeteners trade associations and companies on market access issues under NAFTA and the WTO; litigated successful NAFTA investor-state claim on a sweeteners investment in Mexico and a successful WTO case on a discriminatory tax on soft drinks in Mexico
- Advised on subsidies and trade remedies in the United States and abroad; successful defense against claims regarding prohibited subsidies
- Advised on likely developments in WTO-authorized trade retaliation against U.S. trade and intellectual property rights
I am a Member of the Roster of External Counsel of the Advisory Centre for WTO Law, a Geneva-based international organization that provides legal aid on WTO issues to developing countries.
Since 1999 I have taught WTO and International Trade Law at the Johns Hopkins University School of Advanced International Studies in Washington, DC.