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Sheppard Mullin's Nota Bene

Feb 1, 2023

In this episode, Reid Whitten, Managing Partner of Sheppard Mullin's London office and a frequent Nota Bene guest, joins host Scott Maberry to discuss the U.S. China-trade war, including its origins, where the conflict could be headed in the future, and the potential implications for trading partners, multinationals, and individuals.


What We Discussed in this Episode:

  • What are the origins of the U.S.-China trade war?
  • What were some of the seeds planted in the 1980s and 1990s?
  • How did the U.S. approach to China change in 2018 and what were the results?
  • What is the Foreign Direct Product Rule? What makes the rule so new and different?
  • How is the U.S. attempting to bolster technological advances at home?
  • What countermeasures might China take?
  • Why haven’t any of those countermeasures been implemented?
  • Are we headed for worldwide fragmentation of the post-WWII global economic order?
  • What happens with Europe and other big trading partners in light of the U.S.-China trade war?
  • What do you mean by "technological containment?" 
  • What would a policy of technical containment mean for the future?
  • Who's impacted by all of this? What should they do?


About Reid Whitten

As Managing Partner of Sheppard Mullin’s London office and leader of the firm’s CFIUS Team, Reid Whitten’s practice centers on international trade regulations and investigations. He works with clients around the world to plan, prepare, and succeed in global transactions. He focuses on his clients’ cross-border investments, particularly in the technology and aerospace sectors, helping clients navigate the international trade regulations that could disrupt their deals. 


Reid is a member of Chatham House, the UK's Royal Institute of International Affair. In addition to lecturing at the New College of the Humanities in London, at the Université Catholique de Lille in France, and Wake Forest University in the U.S, he also conducts seminars on regulatory updates for industry groups in the U.S., France, Belgium, Spain and the UK. 


A thought leader on cross-border business regulation, Reid is frequently called upon to provide commentary and analysis for television news channels, international newspapers, and trade publications. He is also the lead author and editor of The CFIUS Book.


About Scott Maberry

As an international trade partner in Governmental Practice,  J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group.


Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury Office of Foreign Assets Control (OFAC), the Department of Commerce Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), the Committee on Foreign Investment in the U.S. (CFIUS), He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.


A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.


Contact Information

Reid Whitten


Scott Maberry


Foreign Direct Investment Controls - A Global Perspective

China Law Update Blog

The CFIUS Book


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