In a career built with hands-on experience in international law, national security and globalization combined with high-level U.S. government service, Jeff Bialos assists his clients in making multi-faceted business decisions, structuring transactions and complying with complex regulatory requirements. Jeff brings deep experience in defense, homeland security and national security matters, including antitrust, procurement, export controls, industrial security and the Foreign Corrupt Practices Act. He advises clients on international commercial, trade and public policy issues, assists in internal investigations and he has significant regional experience in Europe, Japan and the Middle East. He handles novel private/public issues for clients in an array of regulated industries.
Jeff advises clients on aerospace and defense and other mergers and acquisitions with a focus on antitrust, government contracts and related issues. With hands-on industrial sector experience, he handles challenging transactions from an antitrust standpoint involving consolidations of firms and divestitures in concentrated markets. He has represented a series of major firms in mergers involving cutting edge antitrust issues (horizontal, vertical, and conflict of interest) both at the Justice Department and the FTC, including a number of second requests and “quick looks” under Hart-Scott-Rodino, and has worked closely with economists and other specialists in developing and advocating fact-based positions acceptable to the regulatory agencies. He has also handled the competition filing requirements in a number of foreign jurisdictions.
In the antitrust arena, Jeff also has counseled, advised and assisted clients in a number of industries, including energy, automotive and industrial as well as information technology and government services. He also has handled responses to various types of governmental information requests and has participated in antitrust litigation on both horizontal and vertical issues.
He advises foreign corporations in acquisitions of U.S. defense firms and firms in other sensitive business sectors (such as energy, electronic voting, information technology and space). He assists clients through the myriad of governance, security and regulatory issues that arise in such deals and the management of such acquired firms after closing.
He counsels clients with respect to Exon-Florio national security investigations of foreign acquisitions, and has handled many filings for clients. He structured some of the most novel mitigation and safeguard arrangements in place to address national security issues under Exon-Florio and to mitigate “foreign ownership control and influence” under the National Industrial Security Program, including Special Security Agreements, Security Control Agreements, proxies, and other unique arrangements shaped to address particular transactions.
Jeff guides clients through major internal investigations, voluntary disclosures, and compliance programs with respect to export controls, government contracts and the Foreign Corrupt Practices Act.
Jeff regularly advises clients on government contract matters and represents clients in bid protests (before the U.S. Court of Claims and GAO)-structuring responses to requests for procurement and addressing cutting edge organizational conflict of interest issues.
Jeff works extensively on international strategy and collaborative arrangements, including joint ventures, teaming arrangements and organizational structure.
Jeff’s career includes work with the U.S. government in several capacities. From 1999 to 2000, he served as the Deputy Under Secretary of Defense for Industrial Affairs and was awarded the Department of Defense Distinguished Public Service Medal for his service. He led the review of defense mergers and acquisitions from an antitrust as well as a national defense perspective, advised the Secretary of Defense on policies and programs concerning the defense industrial base, managed initiatives/negotiations with U.S. allies on trans-Atlantic defense industrial cooperation, and was integrally involved in major reforms of U.S. defense export controls. From 1997 to 1999, Jeff was special advisor to Under Secretary of State for Economic, Business and Agricultural affairs, where he addressed international economic policy matters, including economic sanctions, anti-corruption and rule of law issues and trade issues. From 1996 to 1997, Jeff was the Principal Deputy Assistant Secretary of Commerce for Import Administration. He administered the antidumping and countervailing duties and handled major trade disputes, negotiations and related litigation.
Jeff served as a member of Defense Science Board task forces (on the defense industry and space), and was appointed by Governors Mark Warner and Tim Kaine to the Virginia Secure Commonwealth Panel, which oversees that state’s homeland security policy planning.
Clerkships
Honorable Daniel M. Friedman, U.S. Court of Appeals - Federal Circuit.
Experience
“Over the past 10 years, the United States has come full circle regarding its military budgets and needs. Now the wars are winding down. Iraq is finished; Afghanistan is slowing down. Our operational level abroad is abating. The challenges are still high, but we’re back to an era of austerity, driven by the economy and a need to reprioritize.”
Experience
Counseled Israeli firm in its acquisitions of two U.S. defense and technology firms.
Represented major defense firm in multiple acquisitions.
Served as antitrust counsel to GenCorp in cutting-edge acquisition of Pratt & Whitney Rocketdyne.
Assisted Warburg Pincus in the sale of its portfolio company Extant Components Group Holdings, Inc., a defense and aerospace company, for $525 million.
Represented a global provider of essential components and solutions and its subsidiaries in their acquisition of all the outstanding stock of a manufacturing company and its Costa Rican affiliate.
News
In the News
COVID-19 and Implications for the Government Contracting Community (March 31, 2020)
As the impacts of COVID-19 continue to grow, there are important implications for companies, firms, and agencies across the government contracting community. In this webinar, Eversheds Sutherland ...
Pressure grows on President to Invoke Defense Production Act for Coronavirus Response (March 18, 2020)
Yahoo
Eversheds Sutherland Partner Jeff Bialos is quoted in this Yahoo article discussing the possibility of the President invoking the Defense Production Act (DPA), which would allow the government to ...
President Invokes A Cold War Relic, The Defense Production Act, For Coronavirus Shortages (March 18, 2020)
NPR
Eversheds Sutherland Partner Jeff Bialos is featured in this NPR article discussing the President's announcement that he will use the Defense Production Act to address serious shortages of supplies ...
President Says United Tech, Raytheon Deal May Hurt Competition (June 10, 2019)
New York Times/Reuters
Eversheds Sutherland Partner Jeff Bialos was quoted in a New York Times article about the implications of the proposed merger of defense contractor Raytheon Co and United Technologies Corp. With ...
New Car Tariffs Could Miss Their Intended Target (January 28, 2019)
Roll Call
Eversheds Sutherland Partner Jeffrey Bialos is quoted in this Roll Call article discussing the possibility of the current administration implementing new car tariffs. Jeff said, imposing tariffs on ...
Boeing’s Biggest Trade Fight Could Spark a US Confrontation with Europe (February 10, 2018)
The Seattle Times
Eversheds Sutherland Partner Jeffrey Bialos is quoted in this Seattle Times article discussing the ongoing trade dispute between the US trade court and Airbus over government subsidies.
Does Foreign Steel Threaten U.S. National Security? (May 25, 2017)
Bloomberg
Eversheds Sutherland (US) Partner Jeff Bialos is quoted in this Bloomberg article providing insight on the Section 232 investigation that allows the administration to investigate whether certain ...
DOD Needs More Purchasing Flexibility, Innovation (May 19, 2017)
Law360
Eversheds Sutherland (US) Partner Jeff Bialos is featured in this Law360 article regarding the recent launch of his report on the Department of Defense’s acquisition of new technology titled “Defense ...
An Interview with Jeffrey Bialos of Eversheds Sutherland (US) (May 5, 2017)
Defense & Aerospace Report
In an interview with the Defense & Aerospace Report, Eversheds Sutherland (US) Partner Jeffrey Bialos provides insight on Buy American, defense-industrial strategy and the Department of Defense’s ...
US Partner Jeffrey Bialos Comments on Trade Law (April 21, 2017)
Law360
Eversheds Sutherland (US) Partner Jeffrey Bialos is quoted in this Law360 article regarding administration’s investigation of foreign-made steel and its impact on the US. Jeff said, “The examination ...
Press Releases
Eversheds Sutherland Advised SIRTEX on Acquisition Clearance (March 14, 2019)
Eversheds Sutherland is pleased to announce that it recently assisted Sirtex Medical Ltd. (Sirtex) in connection with the recent decision by the US Committee on Foreign Investment in the United ...
Sutherland Represents Energy Power Partners on Acquisition of Talen Energy Renewable Unit (November 5, 2015)
HOUSTON-Sutherland Asbill & Brennan LLP is pleased to announce that the firm counseled California-based Energy Power Partners in closing a purchase of the renewable energy unit of Talen Energy Corp., ...
Presentations
“The two central dynamics of the evolving defense marketplace-the drive for innovation to meet new twenty-first century military requirements and the drive for affordability in an era of increasingly constrained budgets and rising weapons costs-converge to create powerful incentives for governments to allow more open and competitive markets. Cross-border market access can be a useful tool for governments to facilitate competition, and the affordability and innovation that competition can bring.”
Presentations
International trade issues in the diversified industrials sector (July 10, 2019)
The global commercial landscape changes weekly. The ongoing trade war between the United States and China, uncertainty over Brexit, US-Mexico immigration and border issues, and US sanctions all serve ...
Against the Odds - Driving Defense Innovation in a Change-Resistant Ecosystem (May 19, 2017)
Center for Strategic and International Studies
Eversheds Sutherland (US) Partner Jeff Bialos presents “Against the Odds - Driving Defense Innovation in a Change-Resistant Ecosystem,” hosted by the Center for Strategic and International Studies on ...
You Can’t Fire Me, I Quit! Internal Investigations: The Impact of the Yates Memo, the FCPA Unit Pilot Program and Recent Legal Decisions (August 2, 2016)
Following recent regulatory announcements and legal decisions, internal investigations are becoming increasingly more complicated to navigate. Sutherland hosts a moderated roundtable where ...
Federal Allies Institute Summit (October 7, 2015)
Sutherland is proud to be hosting the Federal Allies Institute’s Summit on “Federal and Military IT” on October 7, 2015. Partner Jeff Bialos will be discussing “Trends and Issues Facing IT ...
Defense and Aerospace Contracting Opportunities for Small Business Seminar (March 18, 2015)
Sutherland is a proud sponsor and host of the Federal Allies Institute’s Defense and Aerospace Contracting Opportunities for Small Business Seminar to be held March 18 in Washington, ...
The Foreign Corrupt Practices Act and International Anti-Corruption: Recent Developments and How Firms Can Effectively Identify and Manage Anti-Corruption Risks (December 2, 2014)
Please join Sutherland Partner Jeffrey P. Bialos for an upcoming webcast, Recent Developments and How Firms Can Effectively Identify and Manage Anti-Corruption Risks. This live webcast will take ...
U.S.-Japan Technology Forum - Update on Export Control Reform (May 15, 2012)
Center for U.S.-Japan Studies & Cooperation
Sutherland Partner Jeffrey P. Bialos is speaking at the US-Japan Technology Forum, May 15, 2012 at Vanderbilt University. His presentation, titled Update on Export Control Reform, is part of a ...
The Commission on the Future of the U.S. Aerospace Industry: A Look Back and a Look Forward (April 25, 2012)
The George C. Marshall Institute and the TechAmerica Space Enterprise Council
Sutherland Corporate Practice Group Partner Jeffrey P. Bialos is speaking at The George C. Marshall Institute and the TechAmerica Space Enterprise Council, April 25, 2012 in Washington, D.C. The ...
8th Annual Defense & Aerospace Investor & Corporate Development Conference (March 19-20, 2008)
Sutherland Partner Jeffrey P. Bialos is Chair of the 8th Annual Defense & Aerospace Investor & Corporate Development Conference, March 19-20, 2008, at the Hyatt Regency Reston in Reston, Virginia. ...
6th Annual Defense & Aerospace Investor & Corporate Development (September 18, 2006)
Sutherland Partners Jeffrey P. Bialos and James R. McGibbon and Sutherland Counsel James J. Briody will speak at the 8th Annual Defense & Aerospace Investor & Corporate Development ...
Publications
“Drawing on our fabled heritage, we should exert leadership in the 21st century by setting a positive agenda that others can embrace and by acting in true cooperation with global partners rather than by fiat. We must also remember that we are an optimistic people who try to solve problems and do not readily declare defeat-even on challenging issues where the odds are against us.”
Legal Alerts
SBA issues Loan Forgiveness Form and instructions (May 18, 2020)
The SBA has now issued long awaited guidance on the loan forgiveness process under the Paycheck Protection Program established pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) ...
Corrupt but not criminal: US Supreme Court tosses Bridgegate convictions (May 14, 2020)
Corrupt? Yes. An abuse of power? Yes. But criminal? Not quite. On May 7, 2020, the US Supreme Court unanimously overturned the convictions of two former New Jersey public officials responsible for ...
Implications of the Bulk-Power System Electrical Equipment Executive Order on energy infrastructure transactions (May 13, 2020)
On May 1, 2020, President Trump issued an “Executive Order on Securing the United States Bulk-Power System,” aimed at preventing cyberattacks to and interference by foreign adversaries with the ...
New guidance issued on Paycheck Protection Program; loans with original amounts under $2 million will be deemed in good faith (May 13, 2020)
The Treasury and the Small Business Administration (SBA) today updated its set of Frequently Asked Questions (FAQs) with respect to the Paycheck Protection Program (PPP) established under the ...
Treasury and SBA issue new guidance on Paycheck Protection Program and extend the “safe harbor” repayment date to May 14th (May 6, 2020)
The Treasury and SBA today updated a set of Frequently Asked Questions (FAQs) with respect to the Paycheck Protection Program (PPP) established under the Coronavirus Aid, Relief, and Economic ...
CARES Act loans and related programs come with increased oversight and risk of False Claims Act prosecution: Borrowers beware (May 4, 2020)
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act) came into effect as part of an ongoing effort to combat the financial crisis arising from the COVID-19 ...
PPP Reboot - Additional funding accompanied by additional guidance (April 28, 2020)
On Friday, April 24, 2020, President Trump signed into law the Paycheck Protection Program and Health Care Enhancement Act (the Act), which amends the Coronavirus Aid, Relief, and Economic Security ...
Sending PPE in and out of the US (April 21, 2020)
In response to shortages of Personal Protective Equipment (PPE) critical to limiting the spread of and mitigating the impact of COVID-19, the United States has recently issued a series of rules, ...
Federal Reserve and Treasury announce new Main Street Lending Program (April 10, 2020)
On April 9, 2020, the Federal Reserve and Treasury announced a package of new financial assistance programs to provide up to $2.3 trillion in loans to support the U.S. economy pursuant to its own ...
Obtaining Financial Assistance Under the CARES Act - A Roadmap for US Businesses (Updated April 5, 2020)
SynopsisThe CARES Act creates a number of new programs to provide liquidity to companies affected by the COVID-19 pandemic. This Legal Alert summarizes these programs, and their ...
Articles
President Admin DPA Use Should Be More Systematic Than Ad Hoc Reachouts To Underwear Firms (March 31, 2020)
TPM
In his article for TPM, Eversheds Sutherland Jeff Bialos discusses how the administration needs to rapidly assemble an interagency team outside of the White House with the right experience, drawing ...
America should use a wartime law to mobilize industry against the pandemic (March 20, 2020)
Defense News
In his article for Defense News, Eversheds Sutherland Partner Jeff Bialos discusses why he thinks the president was right to sign an executive order this week invoking his authority under the ...
Eversheds Sutherland presents annual Industrial Foresight Report 2020 (February, 2020)
In collaboration with Eversheds Sutherland Managing Partner Dr. Matthias Heisse .
Our global Diversified Industrials sector team are proud to present our annual Industrial Foresight Report 2020. This report identifies key risks, legislation and commercial developments your company ...
The President’s ability to block US business from China (August 26, 2019)
Law360
In the escalating US trade war with China, the president on Friday night asserted that he has the ”absolute right” under the International Economic Emergency Powers Act to order US companies to leave ...
How FIRRMA Will Change National Security Reviews: Part 2 (August 17, 2018)
Law360
In part two of their article for Law360, Eversheds Sutherland Partners Jeffrey Bialos and Mark Herlach review other aspects of the Foreign Investment Risk Review Modernization Act (FIRRMA), including ...
How FIRRMA Will Change National Security Reviews: Part 1 (August 16, 2018)
Law360
In part one of their article for Law360, Eversheds Sutherland Partners Jeffrey Bialos and Mark Herlach discuss how the Foreign Investment Risk Review Modernization Act (FIRRMA) is an important ...
Considerations Before Self-Reporting Under New FCPA Policy (December 8, 2017)
Law360
On November 29, 2017, the US Department of Justice kicked off the holiday season with a Christmas offering of sorts to companies subject to the US Foreign Corrupt Practices Act with its announcement ...
President’s Trade Policy Rests on a Known National Security Provision (May 5, 2017)
The Hill
In his article for The Hill, Eversheds Sutherland (US) Partner Jeffrey Bialos provides insight to section 232 of the Trade Expansion Act, which focuses on the effect of imports on national security.
Strategic Actions to Keep the Asian Rebalance and U.S.-Japan Security Cooperation on Track (May 24, 2016)
Defense News
Beyond the deep symbolism of President Barack Obama’s visit to Hiroshima later this week, his trip to Vietnam and Japan reflects the sustained U.S. commitment to the rebalance toward the Asia - in ...
Planning Defense M&A After Recent Government Guidance: Part 2 (May 3, 2016)
Law360
A series of unusual statements issued by the U.S. government in recent months has provided guidance on, and raised questions about, consolidation in the defense industry. In light of a statement by ...
Newsletters
Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Spring 2018)
With emerging technology, evolving international relationships and an increased focus on corporate responsibility, companies are faced with new challenges and opportunities, a fresh perspective on ...
Books
Getting the Deal Through: Public Procurement (June 2017)
Law Business Research Ltd
In Getting the Deal Through: Public Procurement, which provides local insight into public procurement procedures in multiple jurisdictions, Eversheds Sutherland (US) attorneys Jeffrey Bialos, Paul ...
Against the Odds - Driving Defense Innovation in a Change-Resistant Ecosystem (May 19, 2017)
Eversheds Sutherland (US) Partner Jeff Bialos published the special report Against the Odds - Driving Defense Innovation in a Change-Resistant Ecosystem.
