- J.D.Vanderbilt University Law SchoolOrder of the Coif2006
- A.B.Dartmouth Collegecum laude1999
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.
- Investigated and prosecuted an individual in connection with theft and attempted export of ITAR-controlled technical data from multiple defense contractors.
- Prosecuted an airline and three of its executives in connection with a scheme to evade U.S. sanctions.
- Investigated an international defense contractor in connection with the design and manufacture of military aircraft components.
- Investigated a web security company in connection with a scheme to evade U.S. sanctions.
- Prosecuted an individual for illegally exporting ITAR-controlled technical data related to nuclear submarines and military aircraft.
- Assisted with the drafting of the National Security Division’s "Guidance Regarding Voluntary Self-Disclosures, Cooperation, and Remediation in Export Control and Sanctions Investigations Involving Business Organizations."
- Collaborated with various U.S. government agencies on the implementation and enforcement of the Joint Comprehensive Plan of Action (JCPOA).
- Managed DOJ's review of all CFIUS matters, including those in the following industries: aerospace, agricultural products, biometric technology, digital marketing, oil and gas, real estate, renewable energy, semiconductors, and telecommunications.
- Investigated cyber intrusions resulting in the theft of proprietary and ITAR-controlled data from defense contractors.
- Investigated a former member of the U.S. military for illegally retaining and transmitting classified information.
- Investigated a former U.S. government employee for espionage.
- Investigated and prosecuted an individual for acting in the U.S. as an unregistered agent of a foreign government.
- Investigated individuals for unauthorized disclosures of classified information, including leaks to the news media.
- Represented the president of an investment management company in a Securities and Exchange Commission (SEC) enforcement action alleging securities fraud.
- Represented the former CEO of a financial institution in an administrative proceeding alleging accounting fraud.
- Counsel, Assistant Attorney General for National Security, Department of Justice, 2015 – 2017
- Trial Attorney, Counterintelligence and Export Control Section, National Security Division, Department of Justice, 2013 – 2015
- Legal 500: Dispute Resolution: International Trade, 2018
District of Columbia
- Clerk, The Honorable John D. Bates, U.S. District Court for the District of Columbia, 2008 – 2009
Brian Fleming commented on the expanded authority granted to the Committee on Foreign Investment in the U.S. (CFIUS) in legislation recently passed by Congress.
Brian Fleming commented on reports that the Trump administration could invoke the International Emergency Economic Powers Act (IEEPA) to limit Chinese investments in sensitive American technologies
Brian Fleming was quoted on the uncertainties and impact of trade penalties against Chinese telecom manufacturer ZTE, which recently reached a superseding settlement with the U.S.
Washington, DC, May 30, 2018 – Miller & Chevalier Chartered announced today that the firm received practice and individual rankings in the 2018 edition of Legal 500 United
Timothy O'Toole and Brian Fleming presented "U.S. Sanctions Enforcement Q&A," hosted by the Hong Kong International Chamber of Commerce and P.E.E.R.
Following through on the May 8, 2018 announce
In this article, Barbara Linney, Brian Fleming, Collmann Griffin, and Patrick Stewart discuss the revocation of three General Licenses and issuance of three wind down licenses by the Office of Fore
On Tuesday, June 27, the U.S. government revoked the general licenses that had been in effect since implementation of the Joint Comprehensive Plan of Action (JCPOA) in January 2016.
For close observers of the Foreign Agents Registration Act — a formerly modest-sized contingent that seems to grow daily — the June 8 release by the U.S.
In this article, Brian Fleming and Andrew Herman discuss themes and takeaways from the Department of Justice's (DOJ's) June 8 release of over 50 Foreign Agents Registration Act (FARA) advisory opin