Daniel J. Gerkin

Prior to and since joining Golden Flag, Dan has been involved in the following matters:

Transactional

• Apax in its acquisition of Infogain, a human-centered digital platform and software engineering company, from ChrysCapital
• Arlington Capital Partners in its $185 million acquisition of L3 Electron Devices, a manufacturer or vacuum electron devices, and Narda Microwave-West, a manufacturer of microwave components and subsystems for aerospace and defense applications, from L3Harris Technologies
• Blackstone in its $4.7 billion acquisition of Signature Aviation plc
• Dassault Systèmes in its $5.8 billion acquisition of Medidata Solutions, Inc.
• GlobalLogic Inc. in its acquisition by Hitachi, Ltd. 
• Hanwha Aerospace Co., Ltd. in its $300 million acquisition of EDAC Technologies Corporation from Greenbriar Equity Group, L.P.
• Hellman & Friedman in its $1 billion acquisition of the Cordis business from Cardinal Health 
• KEMET Corporation in its $1.8 billion acquisition by Yageo Corporation
• L Catterton in its $4.8 billion acquisition of Birkenstock 
• Sekisui Chemical Co., Ltd. in its $510 million acquisition of AIM Aerospace, Inc. from Liberty Hall Capital Partners, L.P.
• Social Capital Hedosophia Holdings Corp. in its $1.5 billion merger with Virgin Galactic, LLC
• Stanley Black & Decker, Inc. in its $1.5 billion acquisition of Consolidated Aerospace Manufacturing, LLC
• The Jordan Company in its $1.2 billion acquisition of AIT Worldwide Logistics, Inc.
• The Jordan Company in its $650 million acquisition of the Performance Materials business of PQ Group Holdings

Export Controls

• Advise major U.S. pharmaceutical company in connection with U.S. export and deemed export licensing and disclosure matters
• Counseled non-U.S. software developer in connection with China growth strategy
• Assist ITAR-registered entity in connection with implementation of commitments in accordance with Consent Agreement waiver
• Advised U.S. fabless semiconductor company in connection with voluntary prior disclosure of U.S. export controls violations to the Bureau of Industry and Security (BIS), which resulted in no administrative enforcement action
• Counseled non-U.S. software developer in connection with establishment of Chinese joint venture
• Conducted ITAR compliance review of multiple portfolio companies in connection with intended divestiture
• Managed ITAR-related registration and notification obligations for multiple portfolio companies of U.S. private equity fund
• Consulted U.S. semiconductor company in connection with Huawei-related export licensing matters
• Advised a European-based software company in an internal investigation into alleged violations of economic sanctions and export control regulations, which resulted in voluntary prior disclosures to both BIS and the Office of Foreign Assets Control (OFAC) and the issuance of a warning letter from BIS regarding the potential export controls violations and a cautionary letter from OFAC regarding the potential sanctions violations
• Counseled major European automotive manufacturer in connection with China-specific U.S. export controls compliance matters 
• Advised U.S. semiconductor company in connection with Hong Kong joint venture arrangement
• Obtained encryption classification determinations on behalf of multiple software developers, including a non-U.S. financial institution relating to certain mobile banking software applications, provided advice regarding U.S. export control issues associated with U.S. and non-U.S. software development, including relating to foreign national developers, and revised U.S. export compliance language in an End User License Agreement

US Embargoes and Sanctions

• Counsel U.S. consumer goods manufacturer in connection with voluntary prior disclosures to BIS and OFAC with respect to indirect sales involving the Crimea Region of Ukraine
• Advise non-U.S. software developer in connection with internal review of potential OFAC violations
• Represent U.S. manufacturer in connection with alleged importation of Iranian-origin goods by an unaffiliated third party
• Counsel U.S. and non-U.S. investment advisers in connection with matters pertaining to publicly traded Chinese Military Industrial Company securities

Foreign Direct Investment and National Security Matters

• Advise U.S. private equity firm in connection with potential sale of U.S. manufacturer to Chinese investors
• Counsel non-U.S. private equity fund in connection with acquisition of U.S. manufacturers of aerospace and defense components
• Represent U.S. cybersecurity software developer in connection with merger with non-U.S. competitor
• Secured CFIUS clearance in connection with non-U.S. co-investment into U.S. transportation logistics company

US Import Compliance

• Advised a non-U.S. manufacturer of industrial components in connection with country of origin determinations relevant to potential mitigation of Section 301 tariffs
• Represented U.S. importer of solar panels in connection with disclosure matters pertaining to failure to declare merchandise as being subject to pending antidumping and countervailing duty investigations

Trade Remedies and Other Import Trade Proceedings

• Represented a U.S. solar company before the U.S. International Trade Commission and Office of the United States Trade Representative in connection with a solar-related Section 201 safeguard investigation, including by submitting request for exclusion of certain high-efficiency cells and modules from proclaimed tariffs
• Achieved separate rate treatment and a favorable scope determination on behalf of a U.S. importer and its Chinese supplier in connection with nonmarket economy antidumping and countervailing duty proceedings on crystalline silicon photovoltaic cells and certain crystalline silicon photovoltaic products from the People’s Republic of China; secured similar treatment in connection with certain crystalline photovoltaic products from the PRC; challenged scope determination at the U.S. Court of International Trade in connection with certain crystalline photovoltaic products proceeding; coordinated communications with CBP regarding applicability of antidumping and countervailing duty investigations and orders to imported solar modules