EXPERIENCE

PROFESSIONAL EXPERIENCE:

BRYAN CAVE LLP, Paris, France – 2008 to Present

Paris Office Managing Partner (2008-2014); Partner (2008 to 2018); Senior Counsel (2019)

DECHERT LLP, Paris, France – 1998 to 2008

Paris Office Managing Partner (1998-2006); Frankfurt am Main Office Managing Partner (2004-2006); Partner (1998 to 2008)

S.G. ARCHIBALD, Paris, France and Brussels, Belgium – 1985 to 1998

Partner (1996-1998); Associate (1985-1995)

ROSEN, WACHTELL & GILBERT, Los Angeles, California, USA – 1984

Associate

FARNBOROUGH & PARTNERS, Düsseldorf, Germany – 1983

Foreign Associate

SUPERIOR COURT OF PENNSYLVANIA, Pittsburgh, Pennsylvania, USA – 1980 to 1982

Judicial Law Clerk for President Judge William F. Cercone

ACADEMIC EXPERIENCE:

McGEORGE SCHOOL OF LAW — UNIVERSITY OF THE PACIFIC, Sacramento, California and, Salzburg, Austria – 1987 to Present

Adjunct Professor.  Courses: International Business Lawyer (1987-2013) ; Dealing with Corrupt Practices in International Commerce (2015) ; International Dispute Regulation (2014 to 2018)

UNIVERSITE DE PARIS I – (PANTHEON – SORBORNE), Paris, France – 1997

Adjunct Professor.  Course: Dispute Resolution, Masters Program; Strategy, Information and Organization Consulting – Project Management Leaders for South Africa.

INSTITUT D’ETUDES POLITIQUES DE PARIS, Paris, France – 1992 to 1995

Adjunct Professor. Introduction to American Constitutional Law

UNIVERSITE DE PARIS X (NANTERRE), Nanterre, France – 1986 to 1992

Adjunct Professor, Law Faculty, DESS Droit du Commerce International.  Course: Introduction to American Law

THERESIANISCHE AKADEMIE (THERESIANUM), Öffentliches Gymnasium der Stiftung, Vienna, Austria – 1976 to 1977

Teaching Assistant in the upper school under the auspices of the Austro-American Education Commission (Fulbright Commission) Educational Exchange Program

PROFESSIONAL ACTIVITIES:

American Bar Association; California State Bar; International Bar Association; Pennsylvania Bar Association; French-American Bar Association

RHEINISCHER INTERNATIONALER JURISTENVEREIN e. V. (Rhenish International Lawyers Association), Düsseldorf, Germany – 1983 to 2009

President (1985-1989; 1997-1999); Secretary-Treasurer (1989-1990); Secretary (1990-1992; 2005-2006); Member (1983 to 2009)

THE AMERICAN CHAMBER OF COMMERCE IN FRANCE, INC., Paris, France – 1985 to Present

President, Young Executives Program (1991-1993); Member, Committee on Law and Public Affairs (1995-1998); Member (1985 to Present); Member, Board of Directors (2013 to Present)

REVUE DE DROIT DES AFFAIRES INTERNATIONALES –  INTERNATIONAL BUSINESS LAW JOURNAL, Paris, France – 1986 to Present

Bilingual Editor

McGEORGE SCHOOL OF LAW — UNIVERSITY OF THE PACIFIC, International Board of Advisors, Sacramento, California – 2008 to Present

Member (2008 to Present); Vice Chair (2013 to 2016); Co-Chair (2016 to present)

AMERICAN BAR ASSOCIATION – INTERNATIONAL SECTION, Sexual Orientation and Gender Identity Issues Network

Vice Chair (2013 to 2014); Co-Chair (2014 to 2017); Senior Adviser (2017 to present)

INTERNATIONAL CHAMBER OF COMMERCE COMMISSION ON COMMERCIAL LAW AND PRACTICE, Paris, France – 2011 to Present

Member

ADMISSIONS TO PRACTICE:

Pennsylvania (Admitted 1980); United States District Court for the Western District of Pennsylvania (Admitted 1981); California (Admitted 1983); United States District Court for the Central District of California (Admitted 1984); France (Admitted 1987); England and Wales (Registered Foreign Lawyer, (1998); Supreme Court of the United States (Admitted 2015); Dubaï International Financial Center (DIFC) Courts (Registered September 2015); District of Columbia (Admission pending)

AWARDS & RECOGNITION:

Ranked in the 2018 Decideurs Financial and Tax Strategies Guide

  • Quality Practice: Banking and Finance
  • Renowned Practice: Financial Services
  • Renowned Practice: Securitization

Ranked in the 2017 Décideurs Regulatory Compliance, Fraud and Investigations Guide:

  • Strong Reputation: Internal Investigations and Compliance Programs;

International Investigations

  • Renowned Practice: Financial Services (Regulatory and Litigation)

Regulatory Compliance Lawyer of the Year in France – 2015:  Global Law Experts Annual Awards

Leadership & Stratégie, Silver Medal — 2008: Trophées du Droit et de la Finance

EDUCATION:

DEUTSCHER AKADEMISCHER AUSTAUSCHDIENST / GERMAN ACADEMIC EXCHANGE SERVICE (DAAD), Tübingen & Düsseldorf, Germany

Fellow, Special Program for Young Lawyers – October 1982 to December 1983

UNIVERSITY OF PITTSBURGH SCHOOL OF LAW, Pittsburgh, Pennsylvania, USA

Juris Doctor – May 1980

UNIVERSITY OF VIRGINIA, Charlottesville, Virginia, USA

Master of Arts, German – August 1976

DUKE UNIVERSITY, Durham, North Carolina, USA

Bachelor of Arts (magna cum laude), Germanic Languages and Comparative Literature – September to December 1971; September 1973 to May 1975

WASHINGTON & JEFFERSON COLLEGE, Washington, Pennsylvania, USA – February 1972 to May 1973

Majors in English and German

CIVIC AND COMMUNITY ACTIVITIES:

DEMOCRATIC PARTY OF THE UNITED STATES

Democratic National Committee: Member (1995-2003; 2008-2012); Credentials Committee, Member (1997-2003; 2008-2012); LGBT Caucus, Member (2008-2012)

Democratic Party Committee Abroad: International Chair (1999-2003); International Vice Chair (1995-1999); International Secretary (1990); International Counsel (1991-1995; 2003 to 2011); LGBT Caucus, Chair (2008 to 2013); Tax Reform Task Force, Member (2011 to present)

Democrats Abroad France: Chairman (1989-1995; 2007-2009; 2015 to 2019); Vice Chair (2013-2015); Executive Committee, Member (1988-1989; 2019 to present); LGBT Caucus, Co-Chair (2008 to 2013); Member (1985 to Present)

DUKE UNIVERSITY ALUMNI CLUB OF FRANCE

Co-President (1985 to 2016); Chairman, Alumni Admissions Advisory Committee (1987-1992),  Member (1992 to Present)

AMERICAN COUNCIL ON GERMANY

Member (1992-2011)

THE AMERICAN CLUB OF PARIS

President (2011 to 2017); Director (2017 to present); Member (1986 to Present)

SELECTED CONFERENCES AND LECTURES

“Déterminer la responsabilité du banquier face à l’Euro,” organized by Development Institute International – Paris – May 1998

“The Future of Governments: Who Controls Them?” organized by Forum 21 – Deauville, 2001

“Navigating the Challenges of Global Securities Enforcement,” organized by Dechert LLP – London, 2006

“Global Securities Enforcement and Litigation (France),” organized by Dechert LLP – New York, 2007

“Clash of the Titans: Whistle-blowing Hotlines and Personal Data Protection in the EU and US,” organized by MCLE London – London, 2007

“12 Hommes en Colère: A Comparison of US and French Criminal Law and the Rights of Criminal Defendants,” organized by the 9ème Forum des Droits Humains – Orléans, 2011

“De legibus vinorum: Wine in Ancient and Modern International Business Law,” Pacific McGeorge School of Law – Sacramento, February 2013

“Out of the Closet and into the Conference/Court Room: Elimination of Bias in the Profession – LGBT Issues,” organized by MCLE London – London, January 2014

“Same-Sex Marriage: Implications for US / EU Families,” organized by the International Section of The American Bar Association – New York, April 2014

“Beer and the Law: Beer as a Paradigm in International Business Law,” Pacific McGeorge School of Law CLE Program – Salzburg, July 2014

“Practical Problems in the Life of an International Dispute Resolution Lawyer,” Pacific McGeorge School of Law CLE Program – Salzburg, July 2014

“The Practice of Law in France: Ethical and Practical Considerations,” University of Missouri — Kansas City School of Law CLE Program – Paris, August 2014 and November 2016

“The Democratic Party of the United States: History, Structure, Policy,” Centre des Hautes Etudes Militaires – Paris, October 2014

“Same Sex Marriages – Recognition in Different Jurisdictions,” The HNW Same Sex Family:  Going Global – AIJA/ABA Section on International Law – Brighton, April 2015

“Trade Secrets: EU Directive 2016/943,” organized by MCLE London – London, 2019

REPRESENTATIVE MATTERS:

Counsel to a French-speaking sub-Saharan nation in connection with the drafting of the anti-corruption regulations under its Mining Code

Counsel to a French-speaking sub-Saharan nation in connection with its relations with the US and France

Counsel to a French-speaking sub-Saharan nation on certain crisis management matters

Representation of a North American airline in relation to a dispute with an international air traffic control agency, involving the alleged siphoning off of funds by employees of the agency and the illicit transfer of the funds to an international drug trafficking and money laundering ring operating out of Cyprus, Lebanon and Nigeria

Representation of a major US manufacturer of oil field production equipment in connection with a breach of contract dispute for the sale of aluminium tubing to Iraq during the Iran-Iraq War, including questions concerning the breach of related charter parties, and questions of FCPA, fraud and usurpation of corporate identity

Counsel to a US based multinational manufacturer of high-tech composite materials used in the space and aeronautics industry in connection with its long term supply agreements, distribution agreements and general corporate and commercial work throughout Europe, as well as various acquisitions and reorganizations of its European subsidiaries

Counsel to a large US based retailer with worldwide operations concerning data transfer issues between the EU and the US, in particular employee and consumer related data, the transfer of such data in the context of litigation in the US, as well as French and European rules regulating or prohibiting such transfers

Counsel to a consortium of banks based in London for the financing of the retrofitting of an aircraft operated by a state-owned mixed economy enterprise based in Francophone Africa, as well as the drafting of legislation for the country in question recognizing aircraft mortgages

Counsel to and representation of a Japanese bank in its financing of a significant number of real estate projects in France, notably the construction of golf courses, and the subsequent bankruptcy proceedings after the projects failed

Counsel to several major fund managers in connection with the marketing and distribution of regulated and unregulated funds in France, Luxembourg and Germany

Counsel to a Canadian manufacturer of DNA testing kits and equipment in connection with its acquisition of a majority stake in a French publicly traded company, including advice on the mandatory takeover bid and advice on commercial, corporate and labor law issues following the successful takeover bid

Counsel to several US based manufacturers in connection with their European-wide commercial agreements, including review and negotiation of distribution agreements, supply agreements, general terms and conditions, licensing and trademark agreements

Representation of a French manufacturer of luxury pleasure crafts in connection with a dispute in US federal court in South Carolina and Florida in a significant products liability matter, including the successful dismissal of the complaint for lack of jurisdiction

Counsel to an English law JV company specializing in high-frequency cabling for the electronics, space and aeronautics industries (with German and US industrial investors) in connection with its commercial operations throughout Europe, as well as on various corporate issues

Counsel to an Italian based on-line custom-made goods retailer, including corporate, commercial, financial and customs advice

Representation of several enterprises in connection with disputes with senior management and their dismissal

Counsel to a major US based pharmaceutical company in connection with its acquisition of rights to various molecules and their marketing in Europe

Counsel to a specialty pharmaceuticals company concerning its acquisition of an on-going manufacturing business in France

Counsel to a leading manufacturer of chocolate and chocolate-based products on EU and US regulations on chocolate

Counsel to a leading French wine group on the exportation of its wines to the US

Counsel to a Latin American petroleum company in connection with its acquisition of and related financing for a semi-submersible self-propelled sea-going oil rig

Counsel to several mining consortia based respectively in Canada, Israel and the USA in connection with their acquisition of mining rights in various sub-Saharan countries

Representation of a major US infra-structure construction company in an international arbitration matter related to the construction of a highway network in Central Africa

Counsel to a US based multi-level sales distributor of health and wellness products in connection with the setting up of its French operations including questions of French and EU consumer protection, French labor and employment law, French commercial and corporate law

Counsel to a major US on-line consumer products distributor in connection with customs and trade issues

Counsel to a major US manufacturer of military and dual use vehicles in connection with customs and trade issues in France and the European Union

Counsel to a major US direct sales distributor of home care and health and beauty care products on European-wide questions of corporate, commercial and labor law matters

Counsel to a French expert forestier (licensed forestry expert) in connection with a joint venture between his French company and a Georgia-based firm of registered foresters for expansion into the European and French-speaking Africa markets

Counsel to a major US bank in connection with several French-based financing transactions and the bank’s role as corporate trustee

Counsel to a leading manufacturer of composite materials in connection with compliance issues concerning asbestos removal in the workplace

Counsel to a leading manufacturer of high-tech products in connection with the resolution of claims of moral harassment by a senior executive

Counsel to a leading manufacturer and retailer of fine jewelry in connection with its acquisition and subsequent divestiture several years later of the largest chain of fine jewelry retail outlets in France and related commercial law, corporate law, labor law, unfair competition law (including white collar crime issues) and banking law issues

Counsel to a UK-based direct sales company specializing in food supplements and vitamins in connection with various aspects of commercial law and French consumer protection law

Counsel to a US-based company specializing in the multilevel marketing of dietary and weight control food supplements and related wellness and fitness training, and various aspects of commercial law and French consumer protection law

Counsel to three consortia of US, French and Belgian banks in connection with three syndicated loans for the construction of the then largest plastics plant in Latin America, and related French and Belgian government export finance guarantees

Counsel to a consortium of French banks in connection with a syndicated loan for the expansion of a commercial airport in a Caribbean nation and the related French government export finance guarantee

Counsel to a consortium of French banks in connection with a syndicated loan for the construction of a textile plant in Senegal and the related French government export finance guarantee

Counsel to a consortium of French banks in connection with a syndicated loan for the construction of a paper mill in Indonesia and the related French government export finance guarantee

Counsel to a US based manufacturer of specialty plastics with respect to the group’s French operations, including notably corporate, commercial and labor law and regulatory compliance

Counsel to a Senegalese corporation in connection with a contract for commercial services to be provided by it to a group of French entities in connection with the construction of an express rail line from Dakar to Blaise Diagne International Airport (under construction)

Counsel to a US based manufacturer and distributor of composite materials in connection with a group-wide compliance review in the context of the French Sapin II anti-corruption legislation

Counsel to a high net worth individual in connection with his real estate holdings on the island of Saint Barthélemy (St. Barts) and related litigation and inheritance issues

Counsel to a French bank and its Luxembourg subsidiary in connection with the purchase and lease financing of two Boeing cargo aircraft leased to a Luxembourg-based cargo company

Counsel to a US-based bank in connection with the financing of a series of Airbus aircraft leased to US airline

Counsel to a consortium of banks in connection with the financing of several Airbus aircraft to be leased to an Indonesian airline

Counsel to a Australian airline in connection with the purchase of several Airbus aircraft and the related financing

Counsel to a French-based bank in connection with the seizure of an aircraft purportedly belonging to a sovereign state but used by its president for his personal affairs

Counsel to a consortium of French banks for the purchase of several Boeing aircraft by a state-owned Asian airline, as well as the drafting of legislation for the country in question recognizing aircraft mortgages

Counsel to a United Arab Emirates company in connection with its contractual arrangements with a consortium of French construction companies related to the construction of a major new railway line in Sub-Saharan Africa

Representation of a Senegalese enterprise in relation to a dispute claims for tortious interference with a business relationship and bad faith termination connected to the obtaining of a major infrastructure project in Sub-Saharan Africa

Counsel to a rising opera singer in connection with a contract dispute with a major opera house

Representation of the government of a sub-Saharan government in connection with advising it on obtaining private enterprise investments from the United States and in improving its relationship with the government of the United States

Counsel to a US based blockchain token issuer in connection with questions concerning a Liechtenstein foundation it controls and the latter’s dissolution

Counsel to an Israeli bank concerning French banking regulations

EXPERIENCE | Joseph Smallhoover pllc