CANADA-U.S. PRACTICE: DESCRIPTION

McKenna Long & Aldridge has a unique expertise in Canada-U.S. matters. Our team includes a former U.S. ambassador to Canada, the former chief of staff of the U.S. ambassador, and professionals who have held key positions at the U.S. Department of Commerce, the Overseas Private Investment Corporation, the U.S. Trade Representative office and Congress.

Our Canada-U.S. capabilities are fully bilateral. We often become integral to the strategic plans of our diverse clientele as they pursue results in either country. Whether we are helping a U.S. biotech company expand its investments in Canada, or helping a Canadian defense supplier navigate U.S. export controls, we equip clients with the view from both sides of the border, and the knowledge to make the most of the world's biggest trading partnership.

Our expertise reflects the key issues and opportunities in the Canada-U.S. relationship, including:

• U.S. government contracting
• Homeland security and defense contracting
• "Buy America" and similar trade barriers
• Export licensing
• Cross-border investment and corporate matters
• NAFTA rules of origin and related issues
• Intellectual property, technology transfer and venture capital
• Security compliance issues
• Customs and immigration  

An International Perspective: Trade, Transactions and Dispute Resolution

The lawyers and trade policy professionals of our International Practice Group assist clients in all aspects of moving goods, services, capital and technology across the Canada-U.S. border. Developing, licensing, protecting and enforcing intellectual property rights continue to be key services supporting our clients' global business strategies. Our clients range from large multinationals to companies that are engaging in international joint ventures, contracts of sale, use of foreign business representatives and other partnering and commercial arrangements.

Our practice includes advocacy before the U.S. Court of International Trade (which has exclusive jurisdiction over tariff and trade disputes), the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme Court. We also handle NAFTA and WTO dispute resolution cases.

We have represented buyers from Canada and other countries in putting together Foreign Ownership Control and Influence (FOCI) procedures necessary to satisfy the Defense Security Service in connection with their acquisitions of cleared companies. On several occasions this has involved setting up separate federal service subsidiaries which hold the facility security clearance. In addition, members of our team have been involved in several NAFTA disputes resolved by Chapter 19 panels or bilateral consultations (e.g., softwood lumber and beer).

Government Contracting: The Inside Track on Government Procurement

McKenna Long & Aldridge wrote the book on government contracts law, literally. Our Government Contracts practice was the first of its kind and continues as the country's leading practice in the field. Today, our clients provide the government with highly technical, sophisticated and complex products and systems.

Our attorneys are experienced in both government contracts and international work and handle cases involving the Defense Security Assistance Agency (DSAA) such as commercial contracts between foreign government buyers and U.S. sellers financed with buyer country funds, third-party financing, U.S. government funds, Foreign Military Sales (FMS) credits or Foreign Military Financing (FMF) programs administered by the U.S. Department of Defense (DOD). Under these programs, U.S. allies are annually provided with billions of dollars in grants which may be put towards the purchase of U.S. technology and military equipment. Our government contracts attorneys work closely with lawyers in the International Practice Group to bring our full resources to bear on a client's problems.

Sales under the FMS program are governed by the Federal Acquisition Regulation (FAR). Under the FMF program, there is less oversight from U.S. agencies. Despite the reduced regulatory framework, however, FMF programs still present important compliance issues. The contractor's relationship with the U.S. government is governed by a contract called the Certification and Agreement. The Certification and Agreement regulates the disposition of FMF funds, as well as certain aspects of the contractor's relationship with the foreign government, such as sales and marketing representative agreements.

Government Contracting: The Inside Track on Homeland Security

McKenna Long & Aldridge's Homeland Security practice group leverages our expertise in government procurement and defense issues, public policy and regulatory affairs, international trade, compliance programs, product liability/risk mitigation, human resources issues and other matters affecting business operations. Our current work includes:

• Shaping the final regulations for the Department of Homeland Security
• Identifying and pursuing opportunities with solicited and unsolicited proposals to federal, state and local government agencies
• Establishing procedures and programs to ensure compliance with new legal requirements, such as the USA PATRIOT Act
• Auditing business practices and contracts to address liabilities associated with homeland security

Government Affairs: The Insider's Point of View

At McKenna Long & Aldridge, our strength lies in our insider status. Our attorneys are former legislators, diplomats and advisors to presidents, governors, senators, congressmen and mayors serving in every branch of government at every level - local, state and federal. And, with our government affairs practice headquartered in Washington, DC, we operate quite literally inside the beltway.

Our experience brings the ever-shifting political landscape into better focus for our clients on both sides of the border. We scan behind the headlines to anticipate how emerging issues may affect your business. Our distinctive viewpoint can help you grasp opportunities, prevent problems, present issues more effectively, gain support for your position, and build winning coalitions - in short, obtain results that matter.

Representative Canada-U.S. Matters

• We represent a large Canada-based integrated vaccine manufacturer in a wide range of regulatory and government affairs matters related to their emerging biodefense business for the United States government.
• MLA was charged with rectifying a situation in which a foreign freight forwarder had failed to properly document shipments or inherited faulty documents from its predecessor, leading to an investigation by the Department of State. We were able to allay the foreign government contracting agency's concerns with the client's performance and handled all aspects of re-documentation and responding to the Department of State. MLA trained the client's employees on ITAR compliance and proceeded to file new documents to effect release of the seizures.
• We manage the Canadian American Business Council, the premier voice of the Canadian American business community in Washington, DC.
• After analyzing the ITAR compliance of a client, we helped them tighten procedures and issue voluntary disclosures.
• MLA lawyers have been effective in influencing trade policy development through legislative input before the U.S. Congress.
• Several of our professionals have participated in trade policy formation, having served in key positions in the U.S. executive branch.