Joseph R. Brubaker

International Transactions and Trade

• Drafted international contracts for stock, goods (including INCOTERMS), services, and licenses (copyrights, trademarks, patents, data, information) in over 100 jurisdictions, including foreign mergers and acquisitions, F-35 countermeasures, Māori artwork, semiconductor software, and Dead Sea Scrolls.
• Advised on contracts, funding, and disputes for real estate transactions and construction of over 60 international projects, including negotiations with Deloitte, KPMG, and PWC.
• Advised on international trade law in multiple jurisdictions, including export and anti-boycott regulations (EAR), international traffic in arms regulations (ITAR), customs and border patrol regulations (CBP), and anti-dumping and counter-vailing duties (AD/CVD).
• Obtained import and export licenses, negotiated voluntary disclosures to avoid penalties in multiple jurisdictions, and saved clients over $37 million in petitioning for new duty exemptions.
• Served as counsel to China in The Doha Round of free trade negotiations, counseled Bulgaria on terminating an oil/gas treaty with Russia and Greece, advised on U.S.-Japan Trade Agreement.

International Corporate and Tax

• Established subsidiaries, branches, and affiliates in over 100 jurisdictions, including advising on bilateral and multilateral investment treaties (BITs/MITs), tax treaties, thin capitalization rules, and transfer pricing in jurisdictions, including Argentina, Australia, Brazil, China, Dominican Republic, Democratic Republic of the Congo, Germany, Ghana, Guatemala, Hong Kong, India, Japan, Mexico, New Zealand, Peru, the Philippines, South Africa, United Arab Emirates, and the United Kingdom.
• Advised on domestic, foreign, and international tax issues, including controlled foreign corporations (CFC) and global intangible low-taxed income (GILTI), and preparing for and defending 38 corporate and tax audits.
• Advised on aerospace, agriculture, apparel, airport, blockchain and cryptocurrency, charity, commodities, defense, education, insurance, mining, nutraceutical, oil and gas, pharmaceutical, sports, textiles, and trading industries.

International Banking and Data Privacy

• Advised on funds transfers, bank credits/guarantees, credit cards (PCI), and insurance policies.
• Advised on anti-money laundering (AML, FinCEN), terrorism financing, and economic sanctions (OFAC), including developing compliance programs, negotiating licenses, and litigating disputes and including Cuba, Iran, North Korea, Syria, Russia, and Venezuela. Served as counsel to Industrial and Commercial Bank of China, Royal Bank of Canada, and Clearstream, as well as to clients working with Bank of America, Citibank, HSBC, JPMorgan Chase, Lloyd’s of London, PNC, Standard Chartered Bank, and Zions Bank.
• Advised clients on data privacy compliance under multiple laws (including GDPR), defended clients in eight government data privacy audits, and represented clients in data breaches with Visa, MasterCard, Discovery, and American Express.

International Employment and Immigration

• Drafted employment and independent contractor agreements in over 75 jurisdictions involving the U.S. Foreign Corrupt Practices Act (FCPA) and the U.K. Bribery Act (UKBA).
• Advised on visas and work permits in multiple jurisdictions, including Finland, Indonesia, the Netherlands, Singapore, and the U.S.

International Litigation and Arbitration

• Represented clients before the International Court of Justice, the World Bank, the World Trade Organization, the U.S. Supreme Court, U.S. Courts of Appeals for the Second and Fourth Circuits, U.S. District Courts in New York, Utah, Virginia, and Washington, D.C., the U.S. Court of International Trade, the Utah Supreme Court, the Utah Court of Appeals, and other courts.
• Represented sovereigns, state-owned entities, and private companies in international disputes, including Bulgaria, Canada, China, the Philippines, Romania, Uzbekistan, the World Bank’s International Finance Corporation, Bank of China, Bank of Costa Rica, and Bank Mandiri.
• Served as counsel to clients in disputes against Argentina, Kyrgyzstan, the United States, and Venezuela and in a dispute involving the Central Bank of Iran, Bank Markazi. Represented clients in international arbitrations under the rules of the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), the London Court of International Arbitration (LCIA), Japan Commercial Arbitration Association (JCAA), the Italian Association for Arbitration (AIA), the Vienna International Arbitral Centre (VIAC), and The United Nations Commission on International Trade Law (UNCITRAL).
  
• Served as counsel in enforcing arbitral awards and foreign country judgments and successfully enforced awards and judgments in New York and Utah and managed litigation and arbitration in over 25 jurisdictions, including before The Supreme Court of Cassation in Italy and before the Constitutional Court of Russia.
• Taught law school courses and classes on international litigation and international arbitration at multiple law schools, including Brigham Young University’s J. Reuben Clark Law Society, the University of Utah’s S.J. Quinney College of Law, and Catholic University of America’s Columbus School of Law.
• Clerked at the ICC International Court of Arbitration in Paris, France.

International Human Rights and Religious Freedom

• Assisted in drafting constitutions for Egypt and Nepal, focusing on freedom of expression, freedom of assembly, political determination, federalism, and separation of powers.
• Advised on religious freedom, government relations, and legal compliance on human rights matters in many jurisdictions.
• Assisted in religious freedom litigation, including before the Constitutional Court of Russia.
• Delivered presentations on religious freedom in the Middle East, on treaties of the Organization of American States, and on the International Covenant on Civil and Political Rights (ICCPR).

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