Michael T. Gershberg

Michael Gershberg represents foreign and domestic clients regarding the application of economic sanctions, export control laws and regulations, and the CFIUS review process.

Much of Michael’s work involves offering practical guidance on the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and economic sanctions administered by the Office of Foreign Assets Control (OFAC). Clients also seek Michael’s counsel in connection with their obligations under the anti-boycott and anti-money laundering rules.

Clients of Michael’s export control and economic sanctions practice rely on his advocacy before governmental agencies, and turn to him to conduct internal investigations and prepare voluntary self-disclosures and other legal submissions. Michael also assists clients in connection with export transactions and enforcement issues, due diligence for mergers and acquisitions, economic sanctions and export control training, determining export jurisdiction and classification, developing compliance plans and providing compliance counseling, and export licensing.

Michael also advises clients concerning regulatory issues related to foreign investment transactions, including proceedings before the inter-agency Committee on Foreign Investment in the United States (CFIUS). Foreign investors and US sellers engage his representation throughout the CFIUS process, from negotiating CFIUS risk allocation with transaction counterparties to preparing CFIUS filings and negotiating mitigation agreements. Michael also advises public and private companies and investment managers regarding CFIUS jurisdiction and national security risk, and he prepares related provisions in M&A transaction agreements and private fund formation documents.

Chambers Global and Chambers USA recognize Michael among the world’s leading lawyers for business in International Trade: Export Controls & Economic Sanctions, where clients enthuse “Michael is an excellent attorney and is super responsive,” “his expertise in trade compliance is invaluable,” and “his deep experience in sanctions and export compliance and his ability to break down complex concepts are his individual strengths.” Other clients note that “Michael is a key provider of advice with respect to economic sanctions,” and “he is commercially oriented and knows his stuff.” Michael has also been named by Chambers USA as a “Recognized Practitioner” in International Trade: CFIUS Experts, and he was selected as a “Global Leader” by Who's Who Legal: M&A and Governance in the Foreign Investment Review Chapter. Michael was also named a 2019 Law360 “MVP” in International Trade.

Michael is the editor of the ITAR Enforcement Digest and a contributor for the CFIUS chapter of the M&A treatise Takeover Defense: Mergers and Acquisitions. He is also a co-author of Fried Frank's International Trade and Investment Alert®, which reports on significant developments regarding CFIUS, economic sanctions, export controls, and other regulatory compliance matters affecting business activities.

Prior to joining Fried Frank, Michael was of counsel at a large international law firm.