Overview

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.


Experience

  • 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

Speaking Engagements

  • The US-China Trade War: What You Need To Know Now 
    Snowsports Industries America, 2020
  • Strategies for Surviving the U.S. China – Trade War: Year 2 and the Risk of Recession
    World Trade Center, Salt Lake City, Utah, 2019
  • The U.S. China – Trade War: Tariff Reduction Strategies
    Snowsports Industries America, 2019
  • The U.S. China – Trade War and the Risk of Recession, Redux
    Utah Bar Association, Salt Lake City, Utah, 2019
  • 08.27.2019
  • International Development
    United Nations Association, Salt Lake City, Utah, 2019
  • International Distribution and International Law
    Brigham Young University Law School, Provo, Utah, 2019
  • International Trade Barriers in 2019
    World Trade Association of Utah, Salt Lake City, Utah, 2019
  • The NAFTA Negotiations and International Treaty Developments
    Utah Bar Association, Salt Lake City, UT, 2018
  • International Business and Affairs
    Utah Global Forum, Salt Lake City, UT, 2018
  • NAFTA 2.0: The New USMCA
    World Trade Center, Salt Lake City, UT, 2018
  • The U.S. – China Trade War
    Governor’s Office of Economic Development, Utah Office of Outdoor Recreation, Salt Lake City, UT, 2018
  • Representative John Curtis’ International Trade Conference
    Utah Valley University, Orem, UT, 2018
  • Utah Bar, Salt Lake City, UT, 2018
  • Promoting Religious Freedom Around the World
    J. Reuben Clark Law Society, Salt Lake City, UT, 2018
  • European Union’s General Data Privacy Regulation
    MCAA, 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 Freedom
    J. Reuben Clark Law Society, Salt Lake City, Utah, 2017
  • The Rule of Law and Moral Agency
    Cambridge University, Cambridge, England, 2017
  • International Arbitration: Key Issues for Utah Businesses
    World Trade Center Utah and Utah State Bar, Salt Lake City, Utah, 2016
  • Drafting International Construction Contracts
    International Construction Group, Salt Lake City, Utah, 2016
  • International Business Transactions and the Foreign Corrupt Practices Act
    University of Utah Law School, Salt Lake City, Utah, 2016
  • Religious Liberty and the Middle East
    J. Reuben Clark Law Society, San Diego, CA, 2016
  • The Foreign Corrupt Practices Act and International Law on Corruption
    University of Utah Law School, Salt Lake City, UT, 2015
  • International Trade and Economic Sanctions
    Utah Bar Association, Salt Lake City, UT, 2015
  • ASIL-ICCA Task Force on Issue Conflicts in International Adjudication
    American Society of International Law, Washington, DC, 2015
  • Religious Freedom and the Inter-American Court of Human Rights
    J. Reuben Clark Law Society, Phoenix, AZ, 2015
  • Drafting For A Dispute: Liability Limitation and International Arbitration
    International Section, Salt Lake City, Utah, 2015
  • The Impact of Trade Restrictions on Foreign Direct Investment
    University of Utah Law School, Salt Lake City, UT, 2015
  • The Debate over Issue Conflict as a Ground for Disqualifying Arbitrators
    Institute for Transnational Arbitration and Institute for Energy Law, Houston, Texas, 2015
  • The Transatlantic Trade and Investment Partnership and Investor-State Arbitration
    Brigham Young University Law School, Provo, UT, 2015
  • Navigating Export Control Reform
    Utah Bar Association, St. George, UT, 2014
  • Understanding International Charities
    University of Utah Law School, Salt Lake City, UT, 2014
  • Money Laundering in International Disputes
    International Disputes Group, Washington, D.C., 2012
  • Arbitration Clauses in International Contracts
    Utah Bar Association, Salt Lake City, UT, 2012
  • International Dispute Resolution for Judges
    International Law Institute, Washington, D.C., 2011
  • Extraterritorial Garnishment and Due Process
    International Disputes Group, Washington D.C., 2011
  • The Role of the Home State in Investment Treaty Arbitration
    International Disputes Group, Washington, D.C., 2010
  • International Courts and Tribunals
    Columbia Law School, New York, NY, 2009

Publications

  • 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 Circuit
    64 University of Miami Law Review 1233, 2010
  • A Sporting Chance? The Court of Arbitration for Sport Regulates Arbitrator-Counsel Role Switching
    10 Virginia Sports and Entertainment Law Journal 1, 2010
  • Anti-Suit Injunctions in Aid of Arbitration: the American Approach
    12 International Arbitration Law Review 115, 2009
  • The Judge Who Knew Too Much: Issue Conflicts in International Adjudication
    26 Berkeley Journal of International Law 111, 2008
  • Review: The Law and Practice of Arbitration
    17 The American Review of International Arbitration 293, 2006
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