AUTHORS

Code of Conduct / Code of Ethics

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In transition

Competition & Antitrust Law

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Nina Niejahr

Nina Niejahr

Nina Niejahr

Counsel

Baker & McKenzie CVBA/SCRL

Brussels

T + 32 2 639 37 46 | F + 32 2 639 36 99

nina.niejahr@bakermckenzie.com

Admissions

Nina Niejahr is a counsel in the Firm’s European & Competition Law Practice in Brussels and co-chair of the European State Aid Group. She is an active participant in the State Aid Working Group of the European Competition Lawyers Forum. Ms. Niejahr has published extensively and speaks regularly at seminars and conferences on a variety of EU competition and state aid law topics. She is the author of the chapter on EU legal protection in state aid cases, published in the 2011 Münchener Kommentar zum Wettbewerbsrecht (Kartellrecht) and in the 2016 Säcker/Montag European State Aid Law: A Commentary.

Practice Focus

  • Assisting clients in assessing the impact of the European Commission's state aid enforcement policy developments relating to fiscal state aid.

  • Providing ongoing state aid assistance to a national development bank.

  • Assisting international consumer goods manufacturers in the development and roll-out of selective distribution systems across Europe.

  • Successfully challenged the European Commission's fine imposed on Wabco and former American Standard group companies in the bathroom fittings and fixtures cartel case, achieving a reduction by the General Court of the fine imposed on the companies of EUR203 million (from EUR326 imposed by the Commission to a fine of EUR123 million (case T-380/10).

  • Successfully represented MOL, the Hungarian oil and gas company, in its appeal to the General Court of a Commission decision ordering Hungary to recover over EUR100 million alleged state aid (case T-499/10) and against the further appeal of the Commission to the Court of Justice (case C-15/14 P).

  • Successfully represented a Chinese client in its appeal to the General Court of an EU anti-dumping regulation and against the further appeal to the Court of Justice (case T-528/09 by the Council and the interveners (joined cases C-186 and 193/14P). This is the first case in the EU courts on the legal test to be applied when asserting threat of injury as the basis for EU anti-dumping measures.

  • Representing two casino operators and one shareholder in their appeals in the General Court of a Commission Decision ordering Greece to recover over EUR190 million alleged state aid from the casinos (cases T-635/11, T-14/12 and T-36/12).

  • Assisting in the Commission’s state aid notification and approval process for three pilot projects (investments of EUR45 million, EUR110 million, and EUR330 million) in Sweden relating to large amounts of research, development and innovation (R&D&I) aid for the demonstration of innovative second generation biofuels technology, requiring detailed assessment under the Commission's R&D&I aid framework and a novel mechanism for the deduction from eligible costs of possible revenues from the pilots post-R&D operation.

Representative Legal Matters

Brussels [E-List]~Belgium (1998)

Düsseldorf~Germany (1997)

Education

Oberlandesgericht / Higher Regional Court of Dusseldorf (Assessor Exam) (1997)

Languages

English

French

German

Aliki Benmayor

Aliki Benmayor

Aliki Benmayor

Associate

Baker & McKenzie CVBA/SCRL

Brussels

T + 32 2 639 36 38

aliki@benmayor@bakermckenzie.com

Global Anti-Corruption / Anti-Bribery

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In transition

EU Export Controls & Sanctions

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Sven Bates

Sven Bates

Senior Associate

Baker McKenzie

London

T: +44 20 7919 1173

sven.bates@bakermckenzie.com

Ross Denton

Ross Denton

Ross Denton

Partner

Baker McKenzie LLP

London

T: + 44 20 7919 1978 | F: + 44 20 7919 1999

ROSS.DENTON@BAKERMCKENZIE.COM

Biography

Ross Denton is a partner in the Firm’s European Community, Competition & Trade Department in London and member of the Baker McKenzie Japanese Practice Group. He also served as coordinator of the Firm’s International Trade & WTO Practice Group. Ross routinely advises US and Japanese multinationals on EU and UK competition matters and international trade law issues. In addition to his practice, Ross contributes to a number of publications, including Laws of the European Communities and Encyclopedia of Information Technology. He is a member of the UK Customs Practitioners Group and the World Trade Lawyers Association.

Practice Focus

Ross focuses his practice on public regulations of international trade, export controls, public procurement and customs matters. He has significant experience advising clients on various international compliance matters, including EU and UK public procurement, UK and EU export controls and sanctions, customs fraud and international regulation of smuggling.

Admissions

  • England & Wales~United Kingdom (1994)

Education

  • University of Michigan (LL.M.) (1989)

  • University of Exeter (LL.M.) (1985)

  • University of Birmingham (LL.B.) (1984)

Languages

  • English

Previous Offices

  • Brussels

Kevin Nordin

Kevin Nordin

Associate

Baker McKenzie

London

T: +44 20 7919 1555

Kevin.Nordin@Bakermckenzie.com

US Export Control & Trade Sanctions

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Nicholas F. Coward

Nicholas F. Coward

Nicholas F. Coward

Partner

Baker McKenzie LLP

Washington DC

T: +1 202 452 7021

nicholas.coward@bakermckenzie.com

Biography

Nicholas F. Coward is a partner in the Washington D.C. office where he specializes in outbound trade compliance matters including the extraterritorial application of U.S. law, particularly U.S. export control laws, anti-boycott regulations and trade sanctions/embargoes. In addition, his practice covers issues of corporate conduct such as the application of the Foreign Corrupt Practices Act and foreign bribery laws. His practice includes international transactional advice, the design and implementation of corporate compliance programs, compliance audits, internal investigations and representation in enforcement proceedings. He has served as the managing partner of the Washington office of Baker McKenzie and on the Firm's Executive Committee from 2002-2007. He has also chaired the Firm's Global Trade and Commerce Practice Group from 2007-2015.

Practice Focus

Mr. Coward focuses on outbound trade compliance matters, including the extraterritorial application of US law, particularly US export control laws, anti-boycott regulations and trade sanctions/embargoes maintained by the US government against various countries. In addition, his practice covers issues of corporate conduct such as the application of the Foreign Corrupt Practices Act and foreign bribery laws. He provides international transactional advice; assistance in the design and implementation of corporate compliance programs, compliance audits, and internal investigations; and representation in enforcement proceedings.

Professional Associations and Memberships

  • American Bar Association

  • District of Columbia Bar

Admissions

  • District of Columbia~United States (1982)

Education

  • George Mason University (J.D.) (1981)

  • Union College (B.A.) (1976)

Languages

  • English

  • German

Alexandre Lamy

Alexandre Lamy

Alexandre Lamy

Associate

Baker McKenzie LLP

Washington, DC

T: +1 202 835 1862

alexandre.lamy@bakermckenzie.com

Biography

Alexandre Lamy joined Baker McKenzie in 2009 and currently works in the Firm's International Trade Practice Group. He assists clients with sanctions and export controls (Export Administration Regulations (EAR); International Traffic in Arms Regulations (ITAR)) and he advises clients on corporate compliance matters. Since August 2011, Mr. Lamy has served on the steering group for the ABA Section of International Law's Export Controls & Economic Sanctions Committee and is currently a Vice Chair of the Committee. He has organized several events regarding recent developments in US trade sanctions and export controls for the Committee.

Practice Focus

Mr. Lamy advises clients on compliance with US export controls, trade and economic sanctions, and antiboycott controls. He counsels on and prepares filings to submit to the US Government's Committee on Foreign Investment in the United States (CFIUS) with respect to the acquisition of US enterprises by non-US interests. Moreover, Mr. Lamy advises US and non-US companies in the context of licensing, enforcement actions, internal investigations, compliance audits, mergers and acquisitions and other cross-border transactions, and the design, implementation, and administration of compliance programs.

Representative Legal Matters

  • Advise companies on various compliance issues related to sanctions programs administered and enforced by the Office of Foreign Assets Control (OFAC), including US sanctions targeting Iran, Cuba, Russia, the Sectoral Sanctions Identifications List, and Specially Designated Nationals (SDNs).

  • Counsel companies on compliance with the Iran Sanctions Act (ISA); the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA); Iran Threat Reduction and Syria Human Rights Act of 2012 (ITRA); Executive Order 13608 (foreign sanctions evaders); Iran Freedom and Counter-Proliferation Act (IFCPA); and Joint Comprehensive Plan of Action.

  • Counsel companies on the application of financial sanctions pursuant to CISADA, National Defense Authorization Act for Fiscal Year 2012 (NDAA), ITRA, and IFCPA.

  • Advise companies on the implications of US sanctions and export controls related measures in non-US acquisitions.

  • Assist companies regarding responses to various US state divestment measures related to Iran, Sudan, and Cuba.

  • Counsel companies regarding evolving US sanctions targeting Burma/Myanmar, including general licenses and new investment reporting requirements.

  • Provide compliance advice to companies with respect to US export controls and trade sanctions, including drafting and submitting license applications and classification requests to OFAC and the Bureau of Industry and Security (BIS).

  • Advise clients on preparing and drafting disclosures to OFAC, BIS, and the Directorate of Defense Trade Controls.

  • Conduct gap assessments of compliance programs with respect to US sanctions and export controls.

  • Counsel clients on submissions to the US Government's CFIUS with respect to the acquisition of US enterprises by non-US interests.

Professional Associations and Memberships

  • American Bar Association - Member

  • Virginia State Bar Association - Member

  • District of Columbia Bar - Member

Admissions

  • District of Columbia~United States (2010)

  • Virginia~United States (2009)

Education

  • University of Virginia School of Law (J.D.) (2009)

  • Claremont McKenna College (B.A. magna cum laude) (2000)

Languages

  • English

  • French

Alison J. Stafford Powell

Alison J. Stafford Powell

Alison J. Stafford Powell

Partner

Baker McKenzie LLP

Palo Alto

T: +1 650 856 5531

alison.stafford-powell@bakermckenzie.com

Biography

Alison Stafford Powell has considerable experience counseling US and non-US companies on cross-border outbound trade compliance in the areas of export controls, trade and financial sanctions, anti-terrorism controls, anti-corruption and anti-money laundering rules, US anti-boycott laws, and US foreign investment restrictions under the Exon-Florio Provision. With a background also in EU and UK trade restrictions, she routinely advises non-US companies on reconciling US and EU trade regulations and on the extra-territorial impact of US trade restrictions. She is a dual US/English qualified lawyer and has worked in the Firm's London, Washington, DC and Palo Alto offices since 1996.

Practice Focus

Ms Stafford Powell advises on all aspects of outbound trade compliance, including compliance planning, risk assessments, licensing, regulatory interpretations, voluntary disclosures, enforcement actions, internal investigations and audits, mergers and acquisitions and other cross-border activities. She develops compliance training, codes of conduct, compliance procedures and policies. She has particular experience in the financial services, technology/IT services, travel/hospitality, telecommunications, and manufacturing sectors. Representative Legal Matters

  • Assisted European airline in overcoming statutory and regulatory hurdles to enable resumption of Iran route following the Joint Comprehensive Plan of Action with Iran, including advocating regulatory changes and licensing policy to US regulators.

  • For private equity fund, assessed and mitigated sanctions compliance and political risks associated with a series of acquisitions in the aviation services sector, including conducting cross-border acquisition due diligence, obtaining time-critical licenses and conducting a pre-closing compliance investigation and voluntary disclosure alongside seller's counsel.

  • Counseled financial technology and travel technology companies on compliance strategies for capitalizing on new opportunities under relaxed Cuba sanctions program.

  • Conducted multi-jurisdictional risk assessment and compliance due diligence and advised on exit strategies for consumer goods manufacturer in context of increasing international sanctions against North Korea.

  • Represented numerous clients before the US Departments of Commerce and Treasury in export control and trade/financial sanctions matters, including voluntary self-disclosures, responding to administrative subpoenas and other enforcement inquiries, licensing, classification requests, advisory opinions, and regulatory interpretations.

  • Counseled international hospitality company on compliance risk assessments and compliance planning in preparation for corporate restructuring and IPO.

  • Conducted deemed export compliance review for major telecommunications company.

  • Advised on multiple encryption technical reviews under the US Export Administration Regulations for various software and IT companies.

Professional Associations and Memberships

  • American Bar Association - International Law Section

  • State Bar of California - International Law Section

  • Law Society of England & Wales - Member

  • Women in International Trade - Member, Northern California

  • District of Columbia Bar - Member

Admissions

  • District of Columbia~United States (2013)

  • California~United States (2002)

  • England & Wales~United Kingdom (1998)

Education

  • College of Law at London (1996)

  • Hosei University, Tokyo (1994)

  • Cambridge University (M.A. Hons) (1994)

  • Cambridge University (B.A. Hons, First Class, Oriental Studies) (1992)

Languages

  • English

  • Japanese

Previous Offices

  • London

  • Washington, DC

Anti-money Laundering

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Brian L. Whisler

Brian L Whisler

Brian L. Whisler

Partner

Baker McKenzie LLP

Washington, D.C.

T: + 1 202 452 7019 | F + 1 202 416 7014

brian.whisler@bakermckenzie.com

Biography

Brian Whisler is the chair of the DC Litigation and Government Enforcement Practice Group and a member of the Compliance and Investigations, Dispute Resolution and Global Pharmaceuticals Practice Groups. He is also a member of the North American Government Enforcement Management Committee and the North American Healthcare Steering Committee.

Prior to joining Baker McKenzie, Brian served as the Criminal Chief Assistant US Attorney in the Eastern District of Virginia, Richmond, overseeing and prosecuting cases ranging from white collar crime, violent crime, public corruption, and terrorism. His trial practice focused predominantly on white collar cases, including health care fraud, securities fraud, money laundering and tax fraud. He previously served as an Assistant US Attorney for the Western District of North Carolina for ten years, where he focused on white collar prosecutions and received the Attorney General’s Award for his prosecutions in a money laundering investigation resulting in convictions of more than 25 defendants after three jury trials and multiple guilty pleas. He also served as Chief of Appeals and Health Care Fraud Coordinator for the same jurisdiction.

Brian has also served as adjunct professor at the University of Richmond, TC Williams School of Law and an instructor at the National Advocacy Center for the US Justice Department.

Practice Focus

  • Brian has extensive federal trial and appellate experience, having tried over 30 cases to verdict and more than 40 oral arguments at the federal appellate level. He is experienced in handling a broad range of civil and criminal matters, including cases implicating the Foreign Corrupt Practices Act, False Claims Act, Anti-Money Laundering laws, Health Care Fraud, Securities Fraud, and Procurement Fraud.

  • Brian has led multijurisdictional internal investigations and provided regulatory advice to multinational and domestic clients in oil and gas services, pharmaceuticals, financial services, manufacturing, and telecommunications. Additionally, he has developed compliance programs for Fortune 50 corporate clients, advised Boards and Audit Committees, guided companies and individuals in government investigations in multiple global jurisdictions and defended clients in criminal and civil litigation. He also represents companies and individual clients in investigations before multilateral institutions, including the World Bank, Asian Development Bank, the Inter-American Development Bank, as well as the US Agency for International Development, the United Nations, and the Global Fund.

Representative Legal Matters

  • Secured from the US Justice Department a declination of prosecution with no financial penalty for a US government contractor after making a voluntary disclosure and conducting an internal investigation of conduct in Afghanistan.

  • Represents a multinational company in pending World Bank investigation.

  • Represented a US-based consulting company in an FCPA investigation before the US Justice Department and Securities & Exchange Commission.

  • Served as pool counsel for witnesses from the Cabinet and Senior Staff of Governor McDonnell in federal corruption case of U.S. v. Robert McDonnell et. al., Eastern District of Virginia.

  • Represented a US defense contractor in FCPA investigation before the US Justice Department.

  • Represented a global financial institution in FCPA investigation before the US Justice Department.

  • Represented a member of the US Congress in a federal grand jury investigation.

  • Represented a multinational corporation before the Global Fund Sanctions Board.

  • Represented a global engineering firm in FCPA investigations before the DOJ and World Bank.

  • Conducted anti-money laundering risk assessment for a global hospitality company.

Professional Associations and Memberships

  • International Bar Association

  • Virginia State Bar, Health Care Law Section

  • Association of Certified Anti-Money Laundering Specialists - Member

  • Society of Corporate Compliance and Ethics

  • ABA Global Anti-Corruption Task Force

Admissions

  • U.S. Court of Federal Claims~United States (2016)

  • District of Columbia~United States (2013)

  • U.S. District Court, Eastern District of North Carolina~United States (2010)

  • U.S. District Court, Eastern District of Virginia~United States (2002)

  • North Carolina~United States (1994)

  • U.S. District Court, Western District of North Carolina~United States (1993)

  • U.S. Court of Appeals, Fourth Circuit~United States (1989)

  • Virginia~United States (1989)

Education

  • George Mason University (JD) (1989)

  • Grove City College (BA) (1985)

Patrick Dennien

Patrick Dennien

Patrick Dennien

Associate

Baker McKenzie LLP

Washington, DC

T: + 1 202 835 6216 | F: + 1 202 416 7216

patrick.dennien@bakermckenzie.com

Biography

Patrick Dennien is an associate in the Firm's Compliance, Investigations & Government Enforcement Practice Group in Washington, DC. Mr. Dennien represents and advises domestic and international corporate clients on a wide variety of matters, including anti-corruption investigations, sanction systems of public international organizations, anti-money laundering risk, and corporate compliance programs.

Prior to joining Baker McKenzie, Mr. Dennien worked as an integrity compliance specialist at The World Bank’s Integrity Vice Presidency, where he assessed fulfillment of compliance conditions imposed on sanctioned parties. Mr. Dennien also advised sanctioned parties on the development and implementation of effective integrity compliance programs.

Mr. Dennien began his legal career as a solicitor in Australia, where he practiced in dispute resolution, administrative law, and corporate law.

Professional Associations and Memberships

  • Law Society of the Australian Capital Territory - Member

  • American Bar Association - Member

  • New York State Bar Association - Member

Admissions

  • New York~United States (2016)

  • High Court of Australia~Australia (2012)

  • Australian Capital Territory~Australia (2011)

Education

  • Georgetown University Law Center (Master of Laws Securities & Financial Regulation) (2015)

  • Australian National University (Graduate Diploma Legal Practice) (2010)

  • Australian National University (Bachelor of Laws) (2009)

Data Privacy

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Wouter Seinen

Wouter Seinen

Wouter Seinen

Partner

Baker McKenzie Amsterdam N.V.

Amsterdam

T: + 31 20 551 7161 | M: +31 61 134 3061

wouter.seinen@bakermckenzie.com

Biography

Wouter Seinen is a partner in the Firm's IP/IT & Commercial Practice Group in Amsterdam. He has significant experience in assisting national and international clients with respect to issues concerning ownership and protection of electronic data. Seinen has a particular interest in all internet-related issues on the subject of intellectual property rights. Moreover, he has a record in IT and outsourcing transactions, with a particular focus on business process outsourcing. He is also a keen negotiator and litigator.

Practice Focus

Mr. Seinen's practice focuses on complex licensing and partnership contracts, business process outsourcing projects, manufacturing and various internet-related issues involving data protection, copyright infringements and database rights. He is also a litigator who is experienced in automation projects and relevant litigation, arbitration, mediation and negotiations. He also represent clients in litigation relating to intellectual property matters and commercial contracts, particularly those with international backgrounds. His practice also involves data protection law and associated compliance matters, such as data security and data breaches.

Admissions

  • Amsterdam~Netherlands (1999)

Languages

  • English

Andre Walter

Andre Walter

Andre Walter

Privacy & Cybersecurity Advisor

Baker & McKenzie Amsterdam N.V.

Amsterdam

T: +31 20 551 7133 M: +31 65 541 5810

andre.walter@bakermckenzie.com

Biography

Andre Walter is a strategic compliance adviser at the data protection and privacy practice of Baker McKenzie, Amsterdam with more than 20 years of industry experience. He managed and advised in many projects across various industries, including financial services, manufacturing, healthcare, aviation, telecom, FMCG and retail.

Previously, Andre was a managing consultant within the international Cybersecurity & Privacy practice of Capgemini Consulting . Before that, Andre partnered with an international law firm and an auditing firm, worked as senior privacy program manager at Vodafone and as product manager in the CCTV recording industry.

Practice Focus

Andre's approach to privacy is holistic and includes legal, business, technical and societal implications of the topic. His main focus is on EU General Data Protection Regulation (GDPR) risk & compliance management. He has dedicated expertise on: privacy impact assessments, privacy-by-design, data breach handling, cybersecurity and permission & preference management, including the growing field of Customer Identity & Access Management (CIAM) and Personal Information Management Systems (PIMS).

Representative Legal Matters

Andre has a broard experience across a number of industies and delivered on, amoung others, the following assignments:

  • Global Telecom group: Supported global privacy officer to develop and implement a global data privacy risk management framework.

  • Aviation: Designed GDPR framework to ensure compliance and enable a digital transformation program, agile online solution development and other big-data initiatives.

  • Manufacturing: Provided privacy advice to major German car manufacturer to formulate the international privacy strategy and target picture of the marketing analytics program.

  • Identity and access providers: Advised on business models in the emerging field of personal data ecosystems, enabling sustainable data-driven opportunities.

  • Busines-to-business: Drove various programs in the international business-to-business context to develop and implement tailored and appropriate global data privacy frameworks.

Professional Associations and Memberships

  • IAPP Fellow of Information Privacy

  • Certified Information Privacy Professional (CIPP/E)

  • Certified Information Privacy Manager (CIPM)

Corporate Responsibility

  • Member of the MBA admission board at the University of Maastricht

  • Member of the Citizens' Committee for Development Woerden established with the aim of combating poverty in developing countries

Education

  • Tilburg University (Specialization Course) (2015)

  • Maastricht University (MBA International Executive MBA) (2013)

Languages

  • Dutch

  • English

  • German

Intellectual Property

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Dr. Michael Treis

Dr. Michael Treis

Dr. Michael Treis

Partner

Baker McKenzie Zurich

Zurich

T: + 41 44 384 12 16

michael.treis@bakermckenzie.com

Biography

Michael Treis heads the Firm's Intellectual Property practice in Switzerland. He advises on all aspects of IP protection and acts for companies before the Swiss courts and in proceedings before EUIPO and the EU courts. Michael has written on numerous related issues and teaches IP law at the University of St. Gallen. He began his career as an IP attorney of Baker McKenzie in 1989. He is ranked by Chambers Global 2016, Legal 500, WTR 2016 and MIP 2016 as a leading IP attorney in Switzerland and won the Client Choice award of Lexology in 2017.

Practice Focus

Michael has a wide range of experience in trademark, copyright, design and unfair competition issues and his practice covers IP advisory, prosecution and litigation. He advises a range of Swiss and global clients such as Apple, BAT, Cisco, Dior, LVMH, Richemont, Roche and Swatch Group. Michael and his team of IP lawyers also coordinate the global IP needs of several Swiss companies.

Representative Legal Matters

  • Acted for Richemont/IWC in litigation related to trademark/competition law, obtained landmark decision improving the protection for well-known brands.

  • Represented a leading Swedish car manufacturer in a cutting-edge CTM trademark case against a Chinese automobile group before the Court of Justice of the EU.

  • Advised a global food company an complex IP restructuring required by a new European procurement and distribution structure.

  • Negotiated TM coexistence agreement for Sulzer, thereby settling global dispute.

  • Acting for Swarovski in trademark, design and copyright litigation in Switzerland and coordinating their global IP protection.

  • Negotiated a world-wide trademark co-existence agreement for a leading financial institution, ending numerous disputes around the world.

  • Advised British American Tobacco in relation to trademark and other IP matters in Switzerland and acting for BAT in trademark litigation.

  • Represented Este Lauder in trademark litigation in Switzerland, obtained landmark decision for key brand.

Professional Associations and Memberships

  • INGRES Institut für Gewerblichen Rechtsschutz

  • German Association for the Protection of Intellectual Property & Copyright (GRUR)

  • MARQUES (The Association of European Trademark Proprietors)

  • International Trademark Association (INTA)

Admissions

  • Switzerland (1996)

  • Germany (1988)

Education

  • University of Munich (Dr. iur.) (1990)

  • University of Munich (Bar Exam) (1988)

  • University of Munich (Referendar Exam) (1985)

  • University of Lausanne (1983)

Languages

  • English

  • French

  • German

  • Swedish

Previous Offices

  • Frankfurt

  • Geneva