Mr. Brubaker assists companies in taking products, services, intellectual property, and businesses globally. With extensive regulatory and litigation experience with governments worldwide, he helps U.S. companies successfully expand internationally and helps foreign companies invest in the U.S. market. Mr. Brubaker has lived in England, France, Israel, Mongolia, and Russia, and his experience includes matters relating to over 100 countries. He currently serves on the Board of the World Trade Center Utah, on the Utah District Export Council, on the Utah Advisory Committee for the U.S. Global Leadership Coalition, and as chair of the International Section of the Utah Bar.
Honors & Awards
Pro Bono Award: Assisted in constitutional reform in the Arab Republic of Egypt and the Federal Democratic Republic of Nepal, focusing on equal protection, freedom of expression, separation of powers, and the political question doctrine (2010)
Willem C. Vis International Arbitration Moot, Vienna, Austria: First Place for Claimant's Memorandum, Honorable Mention for Respondent’s Memorandum, Oral Team Semi-Finalist (2006)
Utah Legal Elite: Corporate Counsel
Mountain States Super Lawyers: Rising Star for International (2016, 2017)
Salt Lake Magazine, Top Lawyers of Mountain States (2018)
- Foreign Direct Investment
- Corporate: Advises clients in making investments and establishing companies worldwide, and has assisted clients in Australia, Belarus, Canada, Fiji, Georgia, Hungary, Indonesia, Italy, Japan, Luxembourg, Mexico, Nigeria, Panama, the People’s Democratic Republic of Laos, the People's Republic of China, Romania, Russia, Sao Tome and Principe, Sierra Leone, and Thailand in the agriculture, apparel, airport, charity, education, insurance, mining, oil and gas, textiles and trading industries. He also advises clients on blockchain technology, including Bitcoin and other cryptocurrency transactions and on token generation events.
- Real Estate and Construction: Serves as counsel to clients on real estate acquisitions and construction projects in numerous nations, and has concluded transactions in Argentina, Brazil, Bulgaria, Chile, Colombia, the Democratic Republic of the Congo, Denmark, England, France, Germany, Ghana, Guatemala, Hong Kong, Italy, India, the Ivory Coast, Japan, Lithuania, Mexico, the Netherlands, Paraguay, Peru, the Philippines, Portugal, Russia, Switzerland, South Africa, Taiwan, Thailand, Turkey, Ukraine, and Zimbabwe.
- International Trade
- Goods, Services, and Capital: Serves clients on importing and exporting goods, services, and capital, and served as counsel to the People’s Republic of China in The Doha Round trade negotiations of the World Trade Organization.
- Trade Law: Advises clients on international trade law in the United States and in Europe, including export and anti-boycott regulations (EAR), international traffic in arms regulations (ITAR), customs and border patrol regulations (CBP), anti-dumping and counter-vailing duties (AD/CVD), food and drug regulations (FDA), anti-money laundering regulations (FinCEN), asset control regulations (OFAC), anti-bribery law (FCPA), and anti-terrorism law and tax implications of cross-border transactions. He also advises clients on data privacy compliance, including on the European Union’s General Data Protection Regulation (GDPR).
- International Dispute Resolution
- Arbitration and Litigation: Serves as counsel to clients in international litigation and in international arbitration, and has represented corporations, state-owned entities, government agencies, and foreign states in international disputes, including proceedings before the World Bank, the World Trade Organization, the United States Supreme Court, the United States Courts of Appeals for the Second and Fourth Circuits, and United States District Courts in New York, Utah, Virginia, and Washington, D.C.
- Arbitral Award and Foreign Judgment Enforcement: Serves as counsel in enforcing arbitral awards and foreign country judgments, and has successfully enforced awards and judgments in New York and Utah.
- Prior Experience
- Worked at an international law firm in its offices in Washington D.C., New York, Paris, and Tokyo.
- Served as counsel to the Republic of Bulgaria, the People’s Republic of China, Republic of the Philippines, Romania and the Republic of Uzbekistan.
- Represented the International Finance Corporation, the Bank of Costa Rica and the Bank of China as well as served as counsel to financial institutions in Canada, Indonesia, Jordan, Kazakhstan, and Luxembourg.
- Adjunct Professor
- Taught courses on international law at the Catholic University, Columbus School of Law in Washington, D.C.
News & Events
- Daily Herald, 08.28.2018
- Press Release, 06.13.2017
- Press Release, 03.2016
- The US-China Trade War: What You Need To Know NowSnowsports Industries America, 2020
- The U.S. China – Trade War and the Risk of Recession, ReduxUtah Bar Association, Salt Lake City, Utah, 2019
- Strategies for Surviving the U.S. China – Trade War: Year 2 and the Risk of RecessionWorld Trade Center, Salt Lake City, Utah, 2019
- The U.S. China – Trade War: Tariff Reduction StrategiesSnowsports Industries America, 2019
- International DevelopmentUnited Nations Association, Salt Lake City, Utah, 2019
- International Distribution and International LawBrigham Young University Law School, Provo, Utah, 2019
- International Trade Barriers in 2019World Trade Association of Utah, Salt Lake City, Utah, 2019
- International Business and AffairsUtah Global Forum, Salt Lake City, UT, 2018
- The NAFTA Negotiations and International Treaty DevelopmentsUtah Bar Association, Salt Lake City, UT, 2018
- NAFTA 2.0: The New USMCAWorld Trade Center, Salt Lake City, UT, 2018
- The U.S. – China Trade WarGovernor’s Office of Economic Development, Utah Office of Outdoor Recreation, Salt Lake City, UT, 2018
- Representative John Curtis’ International Trade ConferenceUtah Valley University, Orem, UT, 2018
- Utah Bar, Salt Lake City, UT, 2018
- Promoting Religious Freedom Around the WorldJ. Reuben Clark Law Society, Salt Lake City, UT, 2018
- European Union’s General Data Privacy RegulationMCAA, VA, 2018
- Zions Bank, Salt Lake City, UT, 2018
- Kirton McConkie, Salt Lake City, UT, 2018
- Kirton McConkie, Salt Lake City, UT, 2018
- Becoming a Defender of Religious FreedomJ. Reuben Clark Law Society, Salt Lake City, Utah, 2017
- The Rule of Law and Moral AgencyCambridge University, Cambridge, England, 2017
- Religious Liberty and the Middle EastJ. Reuben Clark Law Society, San Diego, CA, 2016
- International Arbitration: Key Issues for Utah BusinessesWorld Trade Center Utah and Utah State Bar, Salt Lake City, Utah, 2016
- Drafting International Construction ContractsInternational Construction Group, Salt Lake City, Utah, 2016
- International Business Transactions and the Foreign Corrupt Practices ActUniversity of Utah Law School, Salt Lake City, Utah, 2016
- International Trade and Economic SanctionsUtah Bar Association, Salt Lake City, UT, 2015
- The Foreign Corrupt Practices Act and International Law on CorruptionUniversity of Utah Law School, Salt Lake City, UT, 2015
- Religious Freedom and the Inter-American Court of Human RightsJ. Reuben Clark Law Society, Phoenix, AZ, 2015
- ASIL-ICCA Task Force on Issue Conflicts in International AdjudicationAmerican Society of International Law, Washington, DC, 2015
- Drafting For A Dispute: Liability Limitation and International ArbitrationInternational Section, Salt Lake City, Utah, 2015
- The Debate over Issue Conflict as a Ground for Disqualifying ArbitratorsInstitute for Transnational Arbitration and Institute for Energy Law, Houston, Texas, 2015
- The Transatlantic Trade and Investment Partnership and Investor-State ArbitrationBrigham Young University Law School, Provo, UT, 2015
- The Impact of Trade Restrictions on Foreign Direct InvestmentUniversity of Utah Law School, Salt Lake City, UT, 2015
- Navigating Export Control ReformUtah Bar Association, St. George, UT, 2014
- Understanding International CharitiesUniversity of Utah Law School, Salt Lake City, UT, 2014
- Money Laundering in International DisputesInternational Disputes Group, Washington, D.C., 2012
- Arbitration Clauses in International ContractsUtah Bar Association, Salt Lake City, UT, 2012
- International Dispute Resolution for JudgesInternational Law Institute, Washington, D.C., 2011
- Extraterritorial Garnishment and Due ProcessInternational Disputes Group, Washington D.C., 2011
- The Role of the Home State in Investment Treaty ArbitrationInternational Disputes Group, Washington, D.C., 2010
- International Courts and TribunalsColumbia Law School, New York, NY, 2009
- Law360, 02.09.2018
- Utah Business, 10.25.2016
- Twenty-Five Years of the "Prospective Waiver" Doctrine in International Dispute Resolution: Mitsubishi’s Footnote Nineteen Comes to Life in the Eleventh Circuit64 University of Miami Law Review 1233, 2010
- A Sporting Chance? The Court of Arbitration for Sport Regulates Arbitrator-Counsel Role Switching10 Virginia Sports and Entertainment Law Journal 1, 2010
- Anti-Suit Injunctions in Aid of Arbitration: the American Approach12 International Arbitration Law Review 115, 2009
- The Judge Who Knew Too Much: Issue Conflicts in International Adjudication26 Berkeley Journal of International Law 111, 2008
- Review: The Law and Practice of Arbitration17 The American Review of International Arbitration 293, 2006
- European Markets
- Foreign Direct Investment
- International Law: Trade and Taxation
- International Litigation and Arbitration
- Business Formation, Structure and Exit Strategies
- Construction, Surety & Design Professionals
- Cybersecurity and Data Privacy
- First Amendment and Religious Organizations
- General Counsel Services
- Global Migration and Employment
- International Intellectual Property
- Tax and Estate Planning
- Served as a clerk at the ICC International Court of Arbitration in Paris, France.
University of Cambridge, LLM, First Class Honors, 2007
Columbia Law School, JD, 2006
- Harlan Fiske Stone Scholar
- Parker School Recognition of Achievement in Foreign
and Comparative Law
- Civil Procedure Teaching Assistant for Professor Susan P. Sturm
- International Commercial Arbitration Research Assistant for Professor George A. Bermann
University of Utah, BA, President's Scholar, 2002
Brigham Young University, Jerusalem, Israel, 1997
- Utah, 2014
- District of Columbia, 2008
- New York, 2007