David Levine is an associate in the Global Trade & Investment Group based in Washington, DC. He advises clients on international trade and government regulations, with a focus on national security-related matters including export controls, U.S. economic sanctions, foreign ownership and security clearance matters, CFIUS, and FARA. David has counseled clients from the defense, aviation, technology, financial, and medical device industries related to compliance with a variety of statutory and regulatory obligations.
David’s experience includes:
- Conducting internal investigations and drafting voluntary disclosures to regulatory agencies related to potential export control and sanctions violations
- Drafting and revising export control and compliance policies and procedures for clients across a wide variety of industries
- Advising clients on the intersection between export control laws and CFIUS regulations, and guiding clients through the CFIUS Declaration and Notice process
- Working with clients in the commercial, non-profit, and policy spaces to evaluate their Foreign Agents Registration Act (“FARA”) risks and obligations, helping clients craft FARA ‘guardrails,’ and guiding clients through the registration and compliance process
- Counseling clients on transactions involving foreign investment in U.S. businesses with facility clearances that necessitate Foreign Ownership, Control, or Influence (“FOCI”) mitigation or disclosures to the Defense Security and Counterintelligence Agency (“DCSA”)
Experience
Prior to joining Willkie, David worked as an attorney with the National Security Division, Office of Intelligence at the U.S. Department of Justice where he provided legal support for complex counterintelligence investigations and represented the government before the Foreign Intelligence Surveillance Court, with a focus on cases that involved novel technologies and intelligence collection methods. David also served as an attorney in the FARA Enforcement Unit and as a member of the FARA Reform Working Group, where he drafted proposals for the revision and amendment of the Foreign Agents Registration Act and its implementing regulations.
Prior to his service at the Department of Justice, David worked for two large, international law firms where he assisted clients with a wide range of international and domestic legal issues. He represented clients before domestic administrative agencies, federal courts, and international tribunals at both the initial and appellate stages in disputes that implicated domestic, foreign, and international law. He has counseled clients on a variety of regulatory matters, including those involving the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and the International Traffic in Arms Regulations (ITAR) administered by the U.S. Department of State Directorate of Defense Trade Controls (DDTC).
Following law school, David clerked for the Honorable Michael S. Kanne of the United States Court of Appeals for the Seventh Circuit.
Before his career as a lawyer, David served as an Intelligence Officer in the U.S. Air Force. He deployed in support of multiple combat operations and was awarded the Joint Service Commendation Medal, the USAF Commendation Medal, and the USAF Achievement Medal.
- Controlling for the Future: Why Export Controls Are Not Going Anywhere, 1 Global Trade L. J. 239 (July 2024)
- “BIS Export Control Update Conference Highlights U.S. Priorities,” Client Alert (April 2024)
- “U.S. Expands Year-Old Semiconductor Export Controls, With Additional Controls on the Way,” Client Alert (November 2023)
- Speaker, “OFAC, What Now?” Association of Insurance Compliance Professionals 2023 Annual Conference (October 2023)
- “New FARA Advisory Opinion Potentially Expands Scope of Commercial Exemption,” Client Alert (May 2023)
- “New Far-Reaching Export Controls on Semiconductors and Advanced Computing Adopted to Slow China’s Technological Rise,” Client Alert (October 2022)
- Book Review, A Time for Presidential Power? War Time and the Constrained Executive, 111 Mich. L. Rev. 1195 (Apr. 2013)
- Assisted major international aviation client in preparing a voluntary disclosure to an export control enforcement agency that ultimately resulted in receipt of a no action letter
- Guided international telecommunications client through a CFIUS non-notified transaction inquiry and notice submission, resulting in determination that the transaction did not threaten to impair U.S. national security
- Advised former U.S. elected official regarding Foreign Agents Registration Act obligations
- Assisted major international defense client in negotiating, drafting, and submitting multiple Technical Assistance Agreements for the sharing of export controlled technical data and defense services
- Assisted U.S. client with winding down a CFIUS-imposed National Security Agreement as part of an acquisition of a mitigated business from foreign seller
- Helped major international defense client navigate the FOCI and facility clearance process while establishing a U.S. subsidiary
Credentials
Education
University of Michigan Law School, J.D. (magna cum laude), 2012 Michigan State University, B.A., 2002 Bard College at Simon's Rock, AA, 2000
Bar Admissions
Clerkships
Hon. Michael S. Kanne, United States Court of Appeals, 7th Circuit, 2012-2013