Mike Walsh is a partner in the firm’s Litigation and CFIUS practices. A former chief of staff and acting General Counsel at the United States Department of Commerce, Mike advises U.S. and multinational companies and venture capital funds on all aspects of international cross-border investment, including national security, CFIUS, export controls, Department of Commerce Entity Listings, ITAR and DDTC requirements, OFAC sanctions and anti-money laundering compliance, and forced labor compliance. Mike also provides strategic counseling regarding company interactions with executive branch agencies and Congress. Mike also represents companies in connection with Congressional investigations covering a wide range of topics including sensitive national security and supply chain issues.

Mike previously served concurrently as the chief of staff and the Chief Legal Officer at the United States Commerce Department, where he oversaw more than 600 attorneys and was responsible for all matters within the Department. He also served as the senior advisor to the Secretary of Commerce where he played a leading role in numerous issues, including those pertaining to CFIUS, export administration and enforcement, emerging technologies, and supply chain risk management. Mike also managed critical litigation in federal district and appellate courts throughout the country and coordinated the determination of Department positions on Supreme Court cases.

Mike worked with CEOs, boards of directors, and other executives regarding critical business. He interacted with foreign heads of state, ministers, and other officials while representing the United States in bilateral trade talks. He worked with Cabinet members, their chiefs of staff and general counsel, and the White House on important administration policies and then executed those priorities within the Department. He also provided legal and strategic advice to the Secretary, Deputy Secretary, and other senior leaders while coordinating with White House counsel and interagency lawyers on legal issues.

Mike has counseled U.S. and multinational manufacturing, technology, and energy companies on all aspects of international compliance, including CFIUS, sanctions, and forced labor. Mike has also advised private equity and venture capital firms on these issues. Representative examples of each are below:

• Represented a large multinational manufacturer in connection with CFIUS issues associated with U.S. acquisitions and reorganizations
• Represented a multinational engine manufacturer on international trade, national security, and export compliance issues in a cross-border transaction
• Represented an Irish-domiciled American multinational equipment manufacturer on CFIUS and other national security issues related to U.S. acquisitions
• Represented a North American private equity firm on CFIUS, ITAR, DDTC, and other national security issues related to U.S. acquisitions
• Represented a multinational cleaning product manufacturer on international trade, national security, and export compliance issues on a cross-border transaction
• Represented a large semiconductor manufacturer in connection with CHIPS Act implementation issues
• Represented government contractor in connection with facility clearance and FOCI mitigation issues
• Represented private equity-owned portfolio company in connection with acquisition of U.S.-based IT company with Eastern European workforce and assets
• Represented a U.S. subsidiary of a Korean conglomerate on CFIUS, export controls, national security, and forced labor compliance
• Represented numerous non-U.S. venture capital companies in connection with CFIUS and other national security considerations on investments in U.S. technology businesses
• Represented numerous U.S. technology companies in connection with CFIUS and other national security considerations when seeking investment from non-U.S. companies
• Represented non-U.S. technology companies making greenfield investments in the U.S.
• Represented technology companies on anti-money laundering and sanctions compliance in lending agreements
• Represented a U.S. subsidiary of a North American solar supplier on forced labor compliance and international trade and national security issues
• Represented a U.S. subsidiary of a North American solar developer on CFIUS, national security, and forced labor compliance issues
• Represented a U.S. solar developer in connection with international supplier procurement

Congressional and other Investigations

• Coordinated a multi-firm effort to respond to requests for documents and other information regarding the 2008 financial crisis from the House Oversight Committee
• Represented government-sponsored enterprise and senior officers and directors in connection with investigation by the Financial Crisis Inquiry Commission into the causes of the 2008 financial crisis
• Lead attorney in responding to requests for information from the Minority side of the House Oversight Committee regarding allegations of improper preferential treatment for senior officers of the client by a customer
• Represented government-sponsored enterprise in connection with investigations by House Oversight Committee and Senate Permanent Subcommittee on Investigations into allegations of accounting fraud.

Securities and Shareholder Derivative Litigation

• Represented a government-sponsored enterprise in a complex federal multidistrict securities class action and parallel individual securities and shareholder derivative actions arising out of the financial crisis of 2008, alleging upwards of $40 billion in damages
• Represented a government-sponsored enterprise in a complex federal multidistrict securities action arising out of accounting restatement, alleging upwards of $9 billion in damages, as well as accompanying regulatory and internal inquiries
• Represented a real estate investment trust in shareholder derivative litigation regarding allegedly improper payment of management compensation

Financial Services and ERISA Litigation

• Represented a government-sponsored enterprise in all litigation stemming from allegations of constitutional takings and violations of the Administrative Procedure Act in connection with an amendment to Treasury’s preferred stock purchase agreement
• Represented a health insurer in multiple ERISA class actions and individual actions stemming from allegations of improper overpayment recovery processes and procedures
• Represented senior officers and directors of a government-sponsored enterprise named as defendants in an ERISA class action case stemming from the financial crisis of 2008
• Represented a government-sponsored enterprise and senior officers and directors named in an ERISA class action stemming from an accounting restatement

Awards & Accolades

• Recognized by Thomson Reuters as a “Rising Star” (2013 – 2017)
• Recognized by the Legal 500 in Securities: Shareholder Litigation (2015 – 2018)
• Recognized, Friend of Children (for pro bono work) Justice for Children (2011)

Publications

• Co-author, “Courts Deny Plaintiffs Over Section 304 Suits,” International Financial Law Review (March 2006)
• Co-author, “Digimarc: The Final Nail in the SOX 304 Coffin,” Securities Law360 (January 2009)