Michael T. Gershberg

Partner at Fried, Frank, Harris, Shriver & Jacobson LLP

Michael T. Gershberg

Michael T. Gershberg

Partner at Fried, Frank, Harris, Shriver & Jacobson LLP

Biography

Michael T. Gershberg is a corporate partner resident in Fried Frank's Washington, DC office.

Mr. Gershberg's practice focuses on the representation of foreign and domestic clients regarding the application of economic sanctions and export control laws and regulations, including the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and economic sanctions administered by the Office of Foreign Assets Control (OFAC). Mr. Gershberg also advises clients on their obligations under the antiboycott and anti-money laundering rules.

Mr. Gershberg's work in the export control and economic sanctions area includes advocacy before governmental agencies, conducting internal investigations, and preparing voluntary self-disclosures and other legal submissions. He also assists clients in connection with export transactions and enforcement issues, due diligence for mergers and acquisitions, economic sanctions and export control training, determining export jurisdiction and classification, developing compliance plans and providing compliance counseling, and export licensing.

Mr. Gershberg also advises clients concerning regulatory issues related to foreign investment transactions, including proceedings before the inter-agency Committee on Foreign Investment in the United States (CFIUS).

Mr. Gershberg's practice involves matters of data protection and cybersecurity. He counsels companies regarding encryption import, export, and use rules in the United States and jurisdictions around the world. His experience with encryption items includes product classification, encryption licensing, and related compliance and enforcement issues. He also advises companies regarding their rights and obligations under the surveillance provisions of the Electronic Communications Privacy Act (ECPA), the Communications Assistance for Law Enforcement Act (CALEA), the Federal Wiretap Act (Title III), and federal and state privacy laws.

In addition, Mr. Gershberg's practice includes trade issues arising out of the US antidumping and countervailing duty laws. He represents clients in proceedings before the US Department of Commerce and the US International Trade Commission, including investigations, administrative reviews, sunset reviews, and section 129 proceedings. Mr. Gershberg has successfully represented clients in appellate litigation before the Court of International Trade, the Court of Appeals for the Federal Circuit, and NAFTA binational panels and Extraordinary Challenge Committees. He also counsels US companies and industry associations subject to antidumping and countervailing duty procedings in foreign countries and advises clients on trade matters arising under the agreements of the World Trade Organization.

Mr. Gershberg's experience extends to Customs compliance issues, including tariff classifications, country-of-origin regulations, and NAFTA-related Customs provisions. He counsels companies on making country-of-origin assessments to ensure compliance with Customs regulations and the Department of Commerce's anti-circumvention rules. He has prepared numerous successful Customs protests of wrongful liquidations and voluntary prior disclosures of potential Customs violations.

Prior to joining Fried Frank in 2014, Mr. Gershberg was of counsel at a large international law firm.

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Partner at Fried, Frank, Harris, Shriver & Jacobson LLP

Relationship likelihood: Strong

Partner at Fried, Frank, Harris, Shriver & Jacobson LLP

Relationship likelihood: Strong

Partner at Fried, Frank, Harris, Shriver & Jacobson LLP

Relationship likelihood: Strong

Partner at Fried, Frank, Harris, Shriver & Jacobson LLP

Relationship likelihood: Strong

Partner at Fried, Frank, Harris, Shriver & Jacobson LLP

Relationship likelihood: Strong

Partner at Fried, Frank, Harris, Shriver & Jacobson LLP

Relationship likelihood: Strong

Partner at Fried, Frank, Harris, Shriver & Jacobson LLP

Relationship likelihood: Strong

Partner at Fried, Frank, Harris, Shriver & Jacobson LLP

Relationship likelihood: Strong

Partner at Fried, Frank, Harris, Shriver & Jacobson LLP

Relationship likelihood: Strong

Partner at Fried, Frank, Harris, Shriver & Jacobson LLP

Relationship likelihood: Strong

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Michael T. Gershberg
Partner at Fried, Frank, Harris, Shriver & Jacobson LLP
Education
J.D., cum laude
Class of 2003

Harvard Law School offers an energetic and creative learning environment, a diverse and dedicated faculty—whose expertise spans a broad array of legal subjects—and a student body that comes from every state in the U.S. and more than 70 countries around the world. Approximately 1,900 students attend HLS each year: 1,680 J.D. students, 160 LL.M. students, and 50 S.J.D. candidates. The faculty includes more than 100 full-time professors and more than 150 visiting professors, lecturers on law, and instructors. The curriculum features more than 260 courses and seminars that cover a broad range of traditional and emerging legal fields. A Harvard Law education prepares students for success in law practice, business, public service, teaching, and more. Most HLS students are pursuing a J.D. (Juris Doctor) degree, while many others are earning an LL.M. (Master of Laws) or the S.J.D. (Doctor of Juridical Science). Harvard Law School also offers many joint degree programs, coordinated programs, and concurrent degree opportunities with other schools within Harvard University. The Law School community is also home to numerous research programs and engaging publications, including books, scholarly periodicals, newsletters, and a weekly student newspaper.

B.A., magna cum laude
Class of 1999

Yale University is an American private Ivy League research university located in New Haven, Connecticut. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States.

Memberships
Editor-in -Chief
Prior

The Harvard Environmental Law Review has been published semi-annually by Harvard Law School students since 1976. Views expressed in the Review are those of the authors and do not necessarily reflect the views of HELR members. Editorial Policy: HELR has adopted a broad view of environmental affairs to include such areas as land use and property rights; air, water, and noise regulation; toxic substances control; radiation control; energy use; workplace pollution; science and technology control; and resource use and regulation. HELR is interested in developments on the local, state, federal, foreign, or international levels. Permission to Copy: The articles in this issue may be reproduced and distributed, in whole or in part, by nonprofit institutions for educational purposes including distribution to students, provided that the copies are distributed at or below cost and identify the author, the Harvard Environmental Law Review, the volume, the number of the first page, and the year of the article’s publication.

Career History
Partner
2014 - Current

Fried, Frank, Harris, Shriver & Jacobson LLP provides legal services. Its clients include Bank of America, Dow Jones and Northrop Grumman. The company has offices in Frankfurt, Hong Kong, London, New York, Paris, Shanghai, and Washington. Fried, Frank, Harris, Shriver & Jacobson was founded in 1971 and is headquartered in New York, NY.

Of Counsel
Prior - 2014

Steptoe & Johnson PLLC is a national Energy law firm in the US with 14 offices in Colorado, Kentucky, Ohio, Pennsylvania. Texas and West Virginia.It is ranked by Energy Law 360 as the 12th largest energy firm in the nation with over 300 lawyers in 40 practice area.The firm offers legal services to energy producers throughout the US. The firm has particular strengths in energy law, labor and employment law and litigation and has been top-ranked by Chambers USA in the areas of Corporate & Commercial, Litigation& General Commercial, Real Estate, Natural Resources and Labor & Employment.The firm was also ranked in the 100 largest US practices in the areas of employment, energy, and insurance.

Transactions
Details Hidden

Hindalco Industries Ltd., Novelis, Inc. purchase Aleris Corp. from Bain Capital Credit, Apollo Global Management, Inc. /Private Equity, Oaktree Capital Management (Private Equity)

Details Hidden

Apollo Global Management, Inc. purchases SPX Flow, Inc. /Power & Energy Bus from SPX Flow, Inc.

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The Goldman Sachs Group, Inc., Goldman Sachs Asset Management LP (Private Equity) purchase Aptos, Inc. from Apax Partners Ltd.

Other Affiliations

Michael T. Gershberg is affiliated with Fried, Frank, Harris, Shriver & Jacobson LLP, Steptoe & Johnson PLLC

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