Geoffrey M. Goodale

Partner

  • Geoffrey M. Goodale
  • Phone: +1 202 776 5211

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  • Duane Morris LLP
    901 New York Avenue N.W., Suite 700 East
    Washington, DC 20001-4795
    USA

Geoffrey M. Goodale is a partner in the Corporate Practice Group. Mr. Goodale’s practice focuses on export controls, economic sanctions, import compliance, trade litigation, international intellectual property rights protection, foreign direct investment, cybersecurity and compliance counseling to government contractors.

He counsels companies on a wide range of issues relating to the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), the International Traffic in Arms Regulations (ITAR) enforced by the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) and the economic sanctions laws and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). Mr. Goodale also conducts internal reviews and audits to assess compliance in these areas.

Mr. Goodale also advises clients on all aspects of compliance with U.S. import laws and regulations, including those relating to determining the proper classification, valuation and country of origin of merchandise. He regularly represents clients in matters involving U.S. Customs and Border Protection (CPB), including assisting clients in preparing for and undergoing CBP audits. He also assists clients in developing duty-savings strategies through the effective use of duty drawback, foreign trade zones and subzones, preferential duty programs and free trade agreements, including the United States-Mexico-Canada Agreement (USMCA), which replaced the North American Free Trade Agreement (NAFTA) on July 1, 2020, and the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR).

Mr. Goodale’s experience includes representing both U.S. and non-U.S. companies in all manner of anti-dumping duty and countervailing duty cases before the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC), including investigations, administrative reviews, scope ruling requests and anti-circumvention proceedings, as well as in appeals of certain DOC and ITC decisions to the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. He also has represented complainants and respondents in trade-related intellectual property rights cases filed with the ITC under Section 337 of the Tariff Act of 1930, as amended, and appeals of certain such decisions to the CAFC. In addition, he has assisted companies on various other kinds of trade remedy matters, including ones involving Section 201, Section 232, and Section 301.

Additionally, Mr. Goodale possesses extensive experience in advising clients on international mergers and acquisitions. With respect to acquisitions by foreign entities of U.S. companies, this experience includes, among other things: taking actions necessary to clear proposed deals through the Committee on Foreign Investment in the United States (CFIUS), especially in instances where filings with CFIUS are required pursuant to the Foreign Investment Risk Review Modernization Act (FIRRMA); filing required submissions with DDTC and/or BIS when export-controlled products and technologies are involved; and structuring transactions so as to mitigate foreign ownership, control or influence (FOCI) in order for the U.S. company to maintain its Facility Security Clearance (FCL).

Mr. Goodale also assists government contractors on a wide range of matters covered by the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS), especially relating to the Buy American Act (BAA), the Trade Agreements Act (TAA), and cybersecurity (including Cybersecurity Maturity Model Certification (CMMC) issues). In addition, he provides counseling to clients relating to the Foreign Corrupt Practices Act (FCPA) and conducts internal investigations to ensure that clients comply with the requirements of the FCPA and other anti-bribery laws, such as the UK Bribery Act.

A long-standing and active member of the American Bar Association (ABA), Mr. Goodale currently serves as Co-Chair of the ABA International Law Section’s National Security Committee and Vice-Chair of the ABA Intellectual Property Law Section’s Business and Trade Division. He also currently is the Chair of the Virginia State Bar’s International Practice Section and Co-Chair of the D.C. Bar’s International Committee. In addition, he serves as Chair of the Customs Task Force of the Parallel Imports Committee of the International Trademark Association (INTA).

Mr. Goodale is a 2001 graduate of the George Washington University Law School, where he was notes editor of the American Intellectual Property Law Association Quarterly Journal. Prior to law school, he received his M.A. and his B.A., with honors, from the College of William and Mary.

Areas of Practice

  • Cross-Border Transactions
  • International Trade
  • National Security/CFIUS
  • Cybersecurity and Data Privacy
  • Government Contracts
  • Intellectual Property Rights Protection
  • White-Collar Criminal Defense, Corporate Investigations, and Regulatory Compliance
  • Administrative Law

Representative Matters

  • Represented CVB at the U.S. Court of International Trade in a dispute regarding an injury determination by the International Trade Commission. The decision remains pending. Also represent CVB in an ongoing trade remedies investigation before the U.S. Department of Commerce.

  • Performed international trade-related due diligence pertaining to the successful sale of a U.S. aerospace and defense subcontractor.

  • Provided guidance on compliance with U.S. sanctions to diverse multinational company with U.S. operations.

  • Provided strategic guidance to U.S. importer pertaining to Section 301-related issues, including submission of comments to the U.S. Trade Representative and representation of client in Section 301-related case before the U.S. Court of International Trade.

  • Provided guidance to multinational company regarding U.S. trade regulations pertaining to the sourcing of solar panels and related products from various countries, including China.
  • Provided guidance on U.S. international trade laws and regulations relating to the sourcing of products from Japan and China.

  • Provided guidance to U.S. company regarding compliance with U.S. international trade laws and regulations, including those relating to antidumping and countervailing duty orders.

  • Assisted company in seeking approval from the Foreign Trade Zones Board for sub-zone operations relating to various products.

  • Assisted U.S. importer in successfully negotiating with U.S. Customs and Border Protection for a reduced penalty amount after an alleged import violation.

  • Provided guidance to nonprofit corporation relating to compliance with U.S. sanctions and export controls.

  • Assisted in developing strategy for U.S. Court of International Trade case relating to Section 301 duties.

  • Provided guidance to U.S. company regarding transportation-related government procurement matters, including Buy America issues.

  • Provided guidance to U.S. company regarding compliance with the FTC's Made in USA requirements.

  • Assisted multinational producer of office machines in making country of origin determinations relating to various products.

  • Assisted multinational producer of office machines in comprehensively revising and updating its export and import compliance manuals.

Admissions

  • District of Columbia
  • Virginia
  • U.S. Court of International Trade
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Virginia
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • Supreme Court of the United States

Education

  • The George Washington University Law School, J.D., 2001
  • College of William & Mary, M.A., 1992
  • College of William & Mary, B.A., 1988

Experience

  • Duane Morris LLP
    - Partner, 2019-present
  • FisherBroyles LLP
    - Partner, 2016-2019
  • Trade Law Advisors PLLC
    - Managing Member, 2013-2016
  • Shipman & Goodwin LLP
    - Partner, 2011-2012
  • Foley & Lardner LLP
    - Senior Counsel, 2009-2011
    - Associate, 2007-2009
  • Pillsbury Winthrop Shaw Pittman LLP
    - Associate, 2006-2007
  • Squire, Sanders & Dempsey LLP
    - Associate, 2005-2006
  • Gardner Carton & Douglas LLP
    - Associate, 2001-2005

Professional Activities

  • American Bar Association
    - Section of International Law
    -- National Security Committee, Immediate Past Co-Chair
    -- Customs Law Committee, Senior Advisor
    -- Export Controls and Economic Sanctions Committee, Senior Advisor
    -- International Trade Committee, Senior Advisor
    -- Business and Trade Division, Vice Chair
    -- Anti-Counterfeiting and Piracy Committee, Vice Chair
    - Section of IP Law
    -- Anti-Counterfeiting and Piracy Committee, Immediate Past Co-Chair
    -- International IP Task Force, Member
    -Section of Public Contract Law
    -- Mergers and Acquisitions Committee, Vice Chair
  • District of Columbia Bar
    - International Intellectual Property Committee, Co-Chair
  • Virginia State Bar
    - International Practice Section, Immediate Past Chair
  • International Trademark Association
    - Parallel Imports Committee, Member

  • American Intellectual Property Law Association

  • Society for International Affairs

  • Federal Circuit Bar Association

  • International Compliance Professionals Association

  • International Trade Commission Trial Lawyers Association

  • Customs and International Trade Bar Association

Selected Publications

Selected Speaking Engagements

  • Speaker, "What Every Lawyer Needs to Know About China’s Belt and Road Initiative and U.S. Legal and Policy Responses to It," Virginia State Bar Virtual CLE, May 25, 2021
  • Program Co-Chair and Speaker, "Caveat Emptor - Evaluating the Effects of CFIUS' Expanded Jurisdiction and Powers on Cross-Border Transactions," ILS 2021 Virtual Annual Meeting, April 15, 2021
  • Panelist, "2020 US Sanctions Year-in-Review," American Bar Association International Law Section, Webinar, February 12, 2021
  • Moderator, "The US Mexico Canada Agreement (USMCA) at Six Months Old," American Bar Association International Law Section, Webinar, January 26, 2021
  • “The Digital Silk Road – Technology Colonization and the U.S. Squeeze-Out,” ABA China’s Belt & Road Initiative Symposium, Webinar, October 29, 2020
  • "Understanding China’s Belt and Road Initiative and U.S. Legal and Policy Efforts to Address It," ABA ILS Virtual Annual Meeting, June 18, 2020
  • "Preparing for the USMCA: Key Issues for the Automotive Industry," Duane Morris Webinar, June 16, 2020
  • "Countering the Counterfeiters," ABA IPLSPRING CLE Series, Webinar, June 10, 2020
  • "Buyer AND Seller Beware - New Regulations Expand the Scope and Powers of CFIUS Over FDI Deals (Part 2)," D.C. Bar FIRRMA Series, Washington D.C., May 26, 2020
  • "Buyer AND Seller Beware - New Regulations Expand the Scope and Powers of CFIUS Over FDI Deals (Part 1)," D.C. Bar FIRRMA Series, Washington D.C., April 28, 2020
  • "Lawyer to Lawyer with the D.C. Bar International Law Community," D.C. Bar, Washington D.C., November 13, 2019
  • "Key Issues in Cross-Border Government Contracting," American Bar Association, Washington, D.C., July 16, 2019
  • "Caveat Emptor – What You Need to Know About International M&A in the Trump Era," VSB Annual Meeting, Virginia Beach, Virginia, June 14, 2019
  • "The Need for Enhanced Due Diligence in Cross-Border M&A Transactions in Light of New Laws," American Bar Association Section of International Law Annual Meeting, Washington, D.C., April 10, 2019
  • "Comparing the Efficacy of US, EU, and Canadian Sanctions Against Russia," American Bar Association Section of International Law 2016 Spring Meeting, New York City, April 2016
  • "BIS' Antiboycott Compliance Requirements: What You Need to Know in 2016," District of Columbia Bar International Law Section, Washington, D.C., March 2016
  • "Developments in Intellectual Property Rights Enforcement at the Border," District of Columbia Bar Intellectual Property Law Section, Washington, D.C., March 2016
  • "Update on U.S. Economic Sanctions and the Office of Foreign Assets Control," District of Columbia Bar CLE Office, Washington, D.C., February 2016
  • "2015 U.S. Export Controls Year in Review," American Bar Association Section of International Law, Washington, D.C., January 2016
  • "Extraterritorial Trade Secret Protection: Comparing Cases Before the International Trade Commission and Federal Courts," AIPLA Trade Secret Law Summit, Boston, November 2015
  • "NAFTA at 21: Successes, Controversies, and Lessons Learned," American Bar Association Section of International Law 2015 Fall Meeting, Montreal, October 2015
  • "Caveat Emptor: What You Need to Know About International Mergers and Acquisitions," Virginia State Bar 2015 Annual Meeting, Virginia Beach, Virginia, June 2015
  • "Surviving and Thriving in the Export Control Reform Era," American Bar Association Section of International Law 2015 Spring Meeting, Washington, D.C., May 2015
  • "Cuba: Understanding the New Opportunities and Continuing Restrictions," District of Columbia Bar International Law Section, Washington, D.C., April 2015
  • "Cybersecurity in a Dangerous World: Key Issues and Strategies for Attorneys and Their Clients," District of Columbia Bar Law Practice Management Section, Washington, D.C., March 2015
  • "U.S. Economic Sanctions and the Office of Foreign Assets Control: An Introduction," District of Columbia Bar CLE Office, Washington, D.C., February 2015