Matthew R. Nicely

Practices

• International Trade & Customs
• International

Professional Experience

Matt is a partner in and leader of the firm's International Trade & Customs practice group and a member of the firm's International Committee. He focuses on trade remedy and customs laws, and advises clients on opportunities and risks presented by international obligations under bilateral, regional, and multilateral trade agreements, including the World Trade Organization (WTO). He also counsels clients on export controls and anti-bribery laws, including the Foreign Corrupt Practices Act (FCPA).

Matt has represented clients across multiple industries in antidumping (AD), countervailing duty (CVD) and safeguard litigation, as well as the business implications of day-to-day trade and customs regulation. Relying on his knowledge of WTO agreements, Matt counsels clients on whether actions taken by member governments comply with WTO Agreements, on implementation procedures under U.S. law, and on dispute settlement negotiation and litigation.

Matt has represented clients before multiple U.S. agencies and U.S. courts, including in proceedings before the U.S. Department of Commerce (DOC), Customs and Border Protection (CBP), International Trade Commission (ITC), and U.S. Trade Representative (USTR) and appeals before the Court of International Trade and the Court of Appeals for the Federal Circuit. His clients vary in scope and span the globe: governments, exporters, importers, producers and users of various metals, high-tech goods, auto parts, chemicals, and many different consumer items from all over the world.

Matt has participated in various pro bono matters over the years, including advising Guantanamo Bay detainees on their petitions for writ of habeas corpus.

He is admitted to practice in the District of Columbia.

Education

• American University, Washington College of Law, J.D., 1991, cum laude
• Oberlin College, B.A., 1987

• Represent major U.S. solar energy provider in landmark antidumping and countervailing duty cases against solar cells and modules from China
• Represent exporters and importers in 2004-2012 AD investigations and reviews of warm-water shrimp from Vietnam, Thailand, and India
• Represented major U.S. service provider in 2008-09 WTO dispute with China regarding restrictions on marketing, sale, and investment in financial information services
• Assisted in defense of Hynix and Korean government in semiconductors CVD investigation and review in 2003-2005
• Represented Vietnamese government in first U.S. AD case against Vietnam (fish fillets, 2002-2003)
• Advised Japanese government and industry in 2000-2001 WTO appeal on U.S. hot-rolled steel AD measures, 2002-2003 WTO appeal on U.S. steel safeguard measures, and 2002-2003 WTO appeal on U.S. sunset procedures
• Advised Australian government and industry in 2000 ITC midterm review and WTO appeal of U.S. lamb meat safeguard measure
• Helped lead joint injury defenses of importers, foreign producers and foreign exporters, incorporating novel economic and econometric analyses, in 1999-2000 and 1992-1993 U.S. cold-rolled steel AD/CVD investigations and Court of International Trade (CIT) appeals, and in 2001 U.S. steel safeguard investigations
• Supervised various DOC AD investigations and administrative reviews for Japanese and Brazilian steel and Thai canned pineapple clients
• Led factual investigation on behalf of Fujifilm in 1995 Section 301 photographic film and paper market access case before USTR

• Co-author, "Does Buying American Violate U.S. Trade Agreements?" · Scrap, May/June 2009
• Co-Author, "Article 8 of the WTO Safeguards Agreement: Reforming the Right to Rebalance" · St. John's Journal of Legal Commentary, Fall 2008
• Co-Author, "The Potential Clash of Climate Change Policy and International Trade Law" · Business Law Brief, American University Washington College of Law, Fall 2007
• "International Legal Developments in Review: International Trade;" The International Lawyer; Summer 2006; Summer 2003; Summer 2001
• Co-Author, "For Agriculture And Aquaculture Imports, U.S. Antidumping Laws Are Now More Onerous Than Ever" · The Metropolitan Corporate Counsel, May 2005
• "U.S. Congress Should Support a Rules-Based Trade Regime" · The Metropolitan Corporate Counsel, May 2005
• Understanding the WTO Anti-Dumping Agreement: Negotiating History and Subsequent Interpretation, 2002
• "Thailand's Application of Post-Uruguay Antidumping Procedures" · Trade Balance, a legal journal of the Royal Thai Government, Ministry of Justice, April-June 1997
• "The Case for a More Fair and Predictable Federal Payment for the District" · DC Appleseed Center for Law and Justice, November 1995

• Listed in The Best Lawyers in America, 2012
• Recognized in Chambers Asia-Pacific Region, 2011, 2011
• The International Who's Who of Trade & Custom Lawyers, 2010
• Distinguished Alumni Award, International Trade and Investment Law Society, The American University Washington College of Law, 2007
• Recognized in Chambers Global for WTO/International Trade - USA: Trade Remedies & Trade Policy, 2007
• Recognized in Chambers USA: America's Leading Lawyers for Business for international trade law (trade remedies and trade policy), 2005 and 2006