Brian Fleming's practice encompasses a wide range of matters at the intersection of international trade and national security with an emphasis on export controls and economic sanctions, foreign direct investment, and cybersecurity. In particular, Mr. Fleming focuses on compliance and disclosure issues concerning the regulatory regimes administered by the Treasury Department's Office of Foreign Assets Control (OFAC), the State Department's Directorate of Defense Trade Controls (DDTC), and the Commerce Department's Bureau of Industry and Security (BIS). Mr. Fleming also conducts internal investigations and defends companies and individuals against enforcement actions brought by those agencies and the Department of Justice (DOJ).
Mr. Fleming's practice also focuses on guiding domestic and international companies through the Committee on Foreign Investment in the United States (CFIUS) process from pre-filing consultations through the formal review and investigation and the management of mitigation agreements. Mr. Fleming brings his experience with cybersecurity matters to bear in his CFIUS practice, as those areas intersect frequently. Mr. Fleming also concentrates on counseling companies with respect to cybersecurity planning and preparedness, data breach response and remediation, and related compliance and disclosure obligations.
Prior to joining Miller & Chevalier, Mr. Fleming served as Counsel to the Assistant Attorney General for National Security at DOJ where he advised senior DOJ leadership on sensitive legal and policy issues pertaining to economic sanctions, cybersecurity, intellectual property theft, and the Foreign Agents Registration Act (FARA), among others. Mr. Fleming also managed DOJ's review of all CFIUS matters and advised on mitigation proposals across numerous transactions and industries.
Initially, Mr. Fleming joined DOJ as a Trial Attorney in the National Security Division's Counterintelligence and Export Control Section where he investigated and prosecuted U.S. and international companies and individuals in connection with export control and economic sanctions violations, cyber intrusions, economic espionage, and unauthorized disclosures of classified information.
Mr. Fleming began his legal career at a prominent Washington, DC law firm where he defended individuals and companies in government enforcement actions and complex civil disputes.
