KATHLEEN C. LITTLE

Partner

+1.202.899.4451

Kathy concentrates her practice in export controls and sanctions. She counsels clients on a wide variety of issues including compliance with the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR) (including the regulations governing anti-boycott compliance at Part 760 of the EAR), sanctions regulations administered by the Office of Foreign Assets Control (OFAC), the Foreign Corrupt Practices Act (FCPA), and the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS).

Kathy has conducted numerous internal investigations related to export, sanctions and FCPA compliance; prepared voluntary disclosures for submission to the Directorate of Defense Trade Controls (DDTC), Office of Export Enforcement (OEE), OFAC and the Office of Anti-Boycott Compliance; and has handled both civil and criminal enforcement actions. She has also prepared Commodity Jurisdiction Determination requests, Commerce Classification requests, and export compliance programs; and has conducted export training.

Kathy has counseled multinational corporations, including private equity and asset management firms, in overseeing and monitoring the compliance of their subsidiaries and portfolio companies with U.S. sanctions, export controls, and other trade regulations.

Kathy's government contracts experience includes counseling, claims preparation, litigation, investigations, and compliance work. She has handled numerous bid protests, appeals before the various Boards of Contract Appeals and the United States Court of Federal Claims, litigation before state courts and United States district courts, arbitration, alternative dispute resolution, and the defense of civil and criminal fraud actions against government contractors.

Kathy has served as special government contracts and export counsel in numerous mergers and acquisitions of government contractors. She has assisted clients involved in such transactions on due diligence and risk assessment, required government filings such as novation agreements and transfer of export authorizations, as well as post-transaction compliance reviews and disclosures. She has also counseled government contractors on special regulatory requirements related to national security in cross-border transactions, including reviews by the Committee on Foreign Investment in the United States (CFIUS) and mitigation of Foreign Ownership, Control or Influence (FOCI) under the National Industrial SEcurity Program (NISP).

Kathy has extensive audit experience, including designing, leading, and conducting audits related to export compliance under the ITAR, the EAR, and sanctions administered by OFAC, as well as audits of agents for anti-bribery compliance. She has conducted audits of both domestic and international operations, as well as audits directed by DDTC and Defense Technology Security Administration (DTSA). Kathy has been approved as lead auditor by both DDTC and DTSA.

Kathy has been retained as an expert witness on both civil and criminal cases involving U.S. export controls. In this regard, she has been hired for cases involving alleged violations of the ITAR and/or EAR. Cases for which she has been retained as an expert have included both criminal and civil litigation in court, as well as mediation and arbitration. In one criminal case, the court requested that Kathy continue as a monitor for the company's exports following the conviction of one of its principals for violations of the ITAR.

Kathy also has prepared compliance programs for clients related to the ITAR, the EAR, the sanctions regulations administered by OFAC and the FCPA. She routinely conducts training for clients, as well as making public presentations.

EXPERIENCE HIGHLIGHTS

Export Controls, Sanctions and Anti-Corruption

Retained as an expert witness on export controls litigation and arbitration; appointed by the court as an export monitor in one case following a defendant's conviction of violations of the ITAR and EAR
Represented a major defense company in negotiating a Consent Agreement with the Office of Export Enforcement; obtained substantial mitigation
Obtained licenses and negotiated a Consent Agreement with OFAC for an oilfield equipment company over a three-month period in order to permit acquisition to go forward
Designated and led an audit for a major defense company conducted pursuant to a DDTC Consent Agreement
Conducted DTSA-direct audits for companies under foreign ownership and control
Advised multinational private equity and asset management firms in compliance with U.S. sanctions and oversight of portfolio company sanctions, export and antiboycott compliance programs
Defended a major defense company against a multimillion-dollar civil sanctions charge brought DDTC, alleging violations of the ITAR.
Conducted due diligence audits for various acquisitions and divestitures
Conducted audits and reviews of agents for major defense contractor for anti-corruption compliance
Entered into civil settlement in major FCPA case which had been initiated as a criminal matter
Designed and led a compliance audit for a major defense company in a DDTC-mandated audit following an acquisition
Assisted in conducting resource reviews required by DDTC Consent Agreements
Advised clients on the jurisdiction and classification on equipment and technology controlled under the ITAR and the EAR, and prepared numerous commodity jurisdiction determination and classification requests
Investigated and presented numerous voluntary disclosures under the EAR, ITAR and the sanctions regulations administered by OFAC
Prepared numerous TAAs, MLAs, and licenses for the export of equipment and/or technology
Conducted reviews of companies' export controls, economic sanctions and anti-corruption compliance

Government Contracts

Successfully prosecuted and defended numerous bid protests
Member of successful protest team on multi-billion dollar health care procurement
Handled due diligence in numerous acquisitions of government contractors and financing of major government contracts
Assisted as special government contracts and export counsel in transactions involving foreign investment in government contractors
Assisted a leading aerospace contractor in preparing one of the largest delay and disruption claims ever prosecuted against the U.S. government, having lead responsibility for a $1+ billion delay and disruption portion of the claim
Successfully defended contracts award in protest before the Federal Aviation Administration Office of Dispute Resolution for Acquisition
Performed investigations and submitted voluntary disclosures without resultant penalties

EDUCATION

George Washington University Law School, J.D., cum laude, 1980
University of Maryland, B.S., magna cum laude, 1977
Admitted to practice: District of Columbia

RECOGNITION

Chambers USA, International Trade: Export Controls & Economic Sanctions (Nationwide), 2005-2016
Chambers Global: The World's Leading Lawyers for Business, International Trade: Export Controls and Economic Sanctions, 2007-2016
Legal 500 U.S., Government Contracts, 2016

ACTIVITIES

Member, American Bar Association Section of Public Contract Law; Society for International Affairs

PUBLICATIONS & PRESENTATIONS

"United State Severely Restricts Trade with Chinese Telecommunications Giant ZTE Corporation and Three Affiliates, But Then Offers Temporary Relief," V&E Export Controls and Economic Sanctions E-Communication, March 24, 2016
"U.S. Government Further Relaxes Cuba Embargo, But Comprehensive Restrictions Remain," V&E Export Controls and Economic Sanctions E-Communication, March 22, 2016
" 'Implementation Day' Marks Lifting of Certain Nuclear-Related "Secondary' Sanctions on Iran, Including Those Related to the Iranian Energy Sector." V&E Export Controls and Economic Sanctions E-Communication, March 2, 2016
"Iran: Counting Down to the New Iranian Petroleum Contract," V&E's Iran Upstream Contract Update E-Communication, November 13, 2015
"Significant Expansions of Ukraine Related Sanctions Block U.S. Dealings with Russia-Controlled Crimea and Establishes Framework for Sanctions Against Non-U.S. Persons Supporting Russia," V&E Export Controls and Economic Sanctions E-Communication, December 29, 2014 (co-author)
"U.S. Commerce Department Issues New Energy Sector Sanctions for Russia," V&E Export Controls and Economic Sanctions E-Communication, August 8, 2014 (co-author)
"New Russia Sanctions May Have Significant Impact on U.S. Companies," V&E Export Controls and Economic Sanctions E-Communication, March 21, 2014 (co-author)
"GAO Bid Protest Activity of Federal Procurements Remains Constant," V&E Export Controls and Economic Sanctions E-Communication, January 7, 2014 (co-author)
"Important Export Control Reforms Are Now Effective and Creating Compliance Challenges," V&E Export Controls and Economic Sanctions E-Communication, October 15, 2013 (co-author)
"Hot Topics in U.S. Sanctions," V&E Continuing Legal Education program, Washington, D.C., January 16, 2013

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