Elliot J. Feldman

Partner

Washington, D.C.
T 202.861.1679  |  F 202.861.1783

"Elliot Feldman...is a trade remedies lawyer who 'brings very interesting issues and perspectives to the table.'"

— Chambers USA 2013

Elliot J. Feldman’s international practice concentrates on all forms of trade disputes and remedies affecting the movement of goods and services across international borders. He advises foreign governments, corporations, and organizations on trade policy and international law, and litigates international trade and legal disputes in all relevant forums, inside and outside the United States, on both commercial international law and treaty interpretation. He has been a frequent legal adviser to the Government of Canada in WTO cases and he has particular experience with the North American Free Trade Agreement. Elliot founded and is the former Director of the University Consortium for Research on North America at Harvard University.

Elliot has been ranked in Chambers USA: America's Leading Lawyers for Business since 2007. Elliot has been counsel to the People's Republic of China, and is a regular contributor to BakerHostetler's China-U.S. Trade Law blog. He is frequently quoted in the foreign press on Chinese affairs related to international trade. Elliot authored Inside the Minds: International Trade Law Best Practices in 2006 and his Mergers & Acquisitions in the United States: A Practical Guide for Non-U.S. Buyers, a treatise for Aspen Publishers coauthored with a team of 33 BakerHostetler attorneys under his direction, was first published in 2010, with a Chinese language edition in 2011 and updates made by partners on an annual basis. Elliot has lectured on the firm’s M&A inbound FDI capability, based on the treatise, in Brazil, China, India, Japan, and in Washington. He is the author or coauthor of seven books, and coauthored in 2013 the lead article on international trade and non-market economies in the American University Law Review. His client advice on the Softwood Lumber Agreement has been selected by the Librarian of the Canadian House of Commons as an historic document.

Select Experience

  • Softwood Lumber From Canada: In largest trade dispute in the world, concerning softwood lumber exports from Canada to the United States, obtained precedent-setting legal victory invalidating application of the Byrd Amendment and denying U.S. softwood lumber industry access to $5.5 billion, thereby leading to negotiated settlement in the 2006 Softwood Lumber Agreement. Testified five times as an expert witness before the Standing Committee on International Trade of the Canadian House of Commons on the Softwood Lumber dispute (including the creation of a White House slush fund being facilitated by the Government of Canada); the future of NAFTA and its dispute resolution system; and on technical details of legislation pending before the House. Won unique exclusion order from a NAFTA panel for the Ontario industry.
  • Québec And NAFTA: American legal counsel defending the Québec Government's trading interests in the United States and elsewhere for the critical first decade of the Canadian-U.S. Free Trade Agreement. Intensely tested legal apparatus of agreement, and subsequently the North American Free Trade Agreement, when Québec's industrial and social policies were main target of U.S. complaints. Prevailed for Québec in trade disputes concerning fresh, chilled and frozen pork, live swine, apples, alfalfa, beer, softwood lumber, hydroelectric power and steel wire rod, among others. Participated as member of Québec's international trade negotiating team and developed systems to coordinate interests of the Québec Government with the Premier's office and government ministries. Advised Québec Government on sovereignty and international agreements.
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Experience

  • Softwood Lumber From Canada: In largest trade dispute in the world, concerning softwood lumber exports from Canada to the United States, obtained precedent-setting legal victory invalidating application of the Byrd Amendment and denying U.S. softwood lumber industry access to $5.5 billion, thereby leading to negotiated settlement in the 2006 Softwood Lumber Agreement. Testified five times as an expert witness before the Standing Committee on International Trade of the Canadian House of Commons on the Softwood Lumber dispute (including the creation of a White House slush fund being facilitated by the Government of Canada); the future of NAFTA and its dispute resolution system; and on technical details of legislation pending before the House. Won unique exclusion order from a NAFTA panel for the Ontario industry.
  • Québec And NAFTA: American legal counsel defending the Québec Government's trading interests in the United States and elsewhere for the critical first decade of the Canadian-U.S. Free Trade Agreement. Intensely tested legal apparatus of agreement, and subsequently the North American Free Trade Agreement, when Québec's industrial and social policies were main target of U.S. complaints. Prevailed for Québec in trade disputes concerning fresh, chilled and frozen pork, live swine, apples, alfalfa, beer, softwood lumber, hydroelectric power and steel wire rod, among others. Participated as member of Québec's international trade negotiating team and developed systems to coordinate interests of the Québec Government with the Premier's office and government ministries. Advised Québec Government on sovereignty and international agreements.
  • WTO: Served as outside counsel to the Canadian government in WTO antidumping, countervailing duty, and injury disputes over softwood lumber, developing the legal case defeating the American use of “zeroing” in antidumping investigations.
  • International Organizations: Served as only outside U.S. counsel to the International Boundary Commission in more than a century, in a dispute with the President of the United States over application of an international treaty regarding land use in Washington State.
  • Safeguards: Restored the use of safeguards to U.S. international trade practice on behalf of Australian client and U.S. subsidiary against imports of wheat gluten from Europe. Obtained three Presidential proclamations restricting European imports.
  • International Arbitration: Provides ongoing representations of Canadian corporations under NAFTA Chapter 11 state-investor disputes.
  • Media and Press Relations: Manages and coordinates press messaging in Canada and the United States. Provides occasional representation in Congress, including having drafted legislation creating Inspector General for Export-Import Bank, and before Executive agencies, such as representation before eleven departments in safeguards case.
  • China: Lead counsel before the International Trade Commission in defense of imports of manganese sulfate and disposable pocket lighters.

Recognitions

  • Feldman, Elliot JChambers Global: International Trade: Trade Remedies & Trade Policy (USA)
  • Chambers USA: International Trade: Trade Remedies & Trade Policy (2006 to 2014)
  • International Who's Who of Professionals
  • Marquis Who's Who in American Law
  • Madison’s Who's Who
  • Washington, D.C. "Super Lawyer"
  • Martindale-Hubbell: AV Preeminent

Memberships

  • International Bar Association
  • American Bar Association
  • District of Columbia Bar Association
  • Massachusetts Bar Association
  • National Economists Club
  • National Press Club

Community

  • United States Department of Defense: Special Project Officer and Consultant
  • President of the United States: Consulting Speech Writer, Foreign Policy and Defense
  • Canadian-American Business Council: Director
  • The University of Chicago, Beijing and Paris: Distinguished Alumni Lecturer
  • Arena Stage: Board of Trustees
  • The University of Chicago: Visiting Committee, The College

Services

Prior Positions

  • Fellow: Woodrow Wilson Foundation; Danforth Foundation; German Marshall Fund of the United States; Lincoln Institute of Land Policy; Harvard University Center for International Affairs; Harvard University Center for European Studies
  • Harvard University
    • Executive Committee Member, Center for International Affairs
    • Founder and Director, University Consortium for Research on North America
  • Massachusetts Institute of Technology: Postdoctoral Fellow
  • Council on Foreign Relations: International Affairs Fellow
  • Assistant And Associate Professor: Johns Hopkins University’s School of Advanced International Studies; The University of British Columbia Faculty of Commerce and Business Administration; Brandeis University; Tufts University

Admissions

  • U.S. Supreme Court, 1995
  • U.S. Court of Appeals, Federal Circuit, 1991
  • U.S. Court of Appeals, District of Columbia Circuit, 1994
  • U.S. Court of Appeals, Fourth Circuit, 1991
  • U.S. Court of Appeals, Ninth Circuit, 2007
  • U.S. Court of International Trade, 1991
  • Massachusetts, 1988
  • District of Columbia, 1989

Education

  • J.D., Harvard Law School, 1988, cum laude
  • Ph.D., Massachusetts Institute of Technology, 1972, with Distinction
  • B.A., University of Chicago, 1969, General Honors and Special Honors

Blog

In The Blogs

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China-U.S. Trade Law
THE PIVOT TO ASIA AND THE INEVITABLE FAILURE OF THE TRANS-PACIFIC PARTNERSHIP
June 23, 2014
The following article substantively follows the text of remarks by Dr. Elliot J. Feldman during a May 2, 2014 Webinar sponsored by the Knowledge Congress Live Webinar Series and BakerHostetler. The Origins And Direction Of A Trans-Pacific...
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China-U.S. Trade Law
Comments on An Environmental Goods Agreement
May 1, 2014
INTRODUCTION                  The Office of the United States Trade Representative, in the Federal Register of March 28, 2014 on behalf of the Trade Policy Staff Committee, requested comments and issued notice of a public hearing on...
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China-U.S. Trade Law
Federal Circuit Upholds Constitutionality Of Legislation Overturning Its GPX Decision That Countervailing Duties May Not Be Applied To Non-Market Economies ?????????????????????????
April 2, 2014
美联邦上诉法院认为向非市场国家征收反补贴税符合宪法 HERE WE GO AGAIN This blog has been analyzing for more than four years legal disputes over whether the U.S. Department of Commerce (“Commerce”) may apply countervailing duties (“CVDs”) to imports from non-market...
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China-U.S. Trade Law
THE TRADE MUDDLE: A PRIMER
March 6, 2014
Crossing All The “T”s Will Not Dot The “I”s:  Some Of The Politics Of Trade             Which comes first, TPP (the “Trans-Pacific Partnership”) or TPA (“Trade Promotion Authority”)?  Alphabetically, and logically, TPA.  Strategically...
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China-U.S. Trade Law
The United States & China: Twenty-First Century Rivals Or Friends? 美利坚和大中国: 21世纪的对手还是伙伴?
February 25, 2014
The following article, The United States & China: Twenty-First Century Rivals Or Friends?, was published in the January 2014 edition of Corporate LiveWire Expert Guide International Trade 2014: The Obama Administration has referred to...
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