The Art of the Ordeal: Negotiating Settlements with the Government in the Era of ‘National Economic Security’

As trade policy transforms into a primary weapon of national security, transnational corporations are finding themselves in the crosshairs of unprecedented regulatory scrutiny. Many companies face scrutiny in multiple jurisdictions. With ever-increasing risk of administrative, civil, and even criminal enforcement, the question for many firms is no longer if an investigation will occur, but how to master the negotiations that follow.

This panel deconstructs the high-stakes interaction between transnational corporations and agencies on both sides of the Atlantic in the context of trade and national security (including export control, import control, investment control, trade defence/trade remedies, trade disputes, customs and tariffs, government procurement, transnational M&A). This session examines:

• The changing compliance landscape: Understanding the shift toward increased enforcement capabilities, criminal remedies and “compliance by force”.
• The government’s playbook: Understanding culture, incentives and motivations of trade/natsec agencies, and how geopolitics and geoeconomics influence their thinking.
• Negotiation nuance: Defining the nature of a “win” and assess bargaining leverage; understanding how to pivot when your counterparty has the power to shut you down.
• Strategic resolution: The challenges of and opportunities in monitorships, auditorships, and structural remedies.
• A how-to guide: Best practices for securing a win when the stakes are high and political scrutiny intense.