Ongoing Compliance

We advise Defense Industry clients on day-to-day ATF, State Dept., Commerce Dept. and TTB compliance matters, including record-keeping, notice requirements, and complex strategic risk evaluation issues.

Representative Matters: · Served as special regulatory counsel to creditors on explosives licensing and ATF compliance related to the acquisition of the Chapter 11 assets of a large national coal mining operation with 98 affiliated debtors (total liabilities of more than $8 billion).  Project required the coordination, applications for, and issuance of new federal and state explosives licenses/permits for multiple locations in multiple states as a condition precedent for closing the acquisition.
· Advise major research university on ATF compliance related to explosives/energetics programs.
· Advise Florida-based producer of shoulder-fired counter UAS system and other defensive military technologies on ATF-related compliance, including strategy and licensing.
· Advise Illinois-based early-stage company developing multiple technologies with military and non-military applications in a broad range of industries.
· Advise Georgia-based producer of unmanned aerial vehicles for U.S. military on ATF compliance issues, including classification of regulated technologies and licensing.
· Advise largest privately-owned domestic coal manufacturer on explosives-related ATF compliance.
· Advise Michigan-based domestic subsidiary of German parent that produces large high-precision horizontal multi-and single-spindle CNC machining centers, custom automation, and turnkey manufacturing systems on ATF-related licensing and compliance issues and export (ITAR) compliance.
· Advise domestic subsidiary of Brazilian parent that is investing hundreds of millions of dollars in the construction of a large facility in Oklahoma for the production and import of small caliber ammunition – advise on a broad range of transactional, compliance, product liability, and general risk mitigation issues.  
· Advised publicly-traded firearms manufacturer on excise tax strategies related to major re-organization and use of affliated/controlled-group entity as sole product distributor (including preparation of Taxpayer Advice Letter and multiple meetings with TTB).
· Advise publicly-traded firearms manufacturer on refund and credit claims based on improper TTB assessment, including obtaining Taxpayer Advice Letter on application of certain regulations.
· Advised publicly-traded manufacturer of safety technology (including law enforcement technology) on ATF-related compliance, including product classification issues.
· Advise Georgia-based domestic subsidiary of large Spanish parent (with several major U.S. brands) on import, manufacturing and distribution-related ATF compliance matters and on TTB-regulated export tax compliance, including successfully negotiating compromise of complex excise tax liability issue by demonstrating doubt as to liability.
· Advised firearms manufacturer related to excise tax compromise offer based on doubt as to collectability.
· Advised major firearms manufacturer on excise tax strategy related to production/sale of modular products.
· Advised Florida-based major defense contractor on ATF related import compliance matters.
· Advised private spaceflight aerospace company on energetics/explosives issues related to its propulsion systems.
· Advise multiple ATF-regulated dealers, manufacturers and importers on ongoing strategy, federal and state compliance matters, governance and ongoing risk-mitigation.
· Assist regulated and unregulated clients in obtaining regulatory guidance from ATF Firearms Industry and Explosives Industry Programs Branches.
· Advised multiple post-acquisition clients new to ATF and State Dept (ITAR)-regulated business on compliance obligations and strategies.
· Advised ATF-licensed manufacturer of military and consumer defense products on TTB-administered excise tax strategy and risk mitigation.
· Successfully resolved multiple TSA Notices of Violation and Notices of Investigation for professional clients.
·