Services
Education
Walsh College, M.S.F., cum laude
University of Minnesota, J.D., cum laude
Bowling Green State University, B.A., cum laude
Bar Admissions
- Michigan
- Minnesota
- Ohio
Court Admissions
U.S. Court of International Trade
U.S. District Court
- Eastern District of Michigan
Jeffrey Richardson advises multinational clients in the information technology and defense sectors on matters including mergers and acquisitions, distribution agreements, joint ventures, and strategic corporate structuring.
Specifically, Jeffrey brings expertise in matching operational business execution requirements with functional business structures. He is frequently engaged in advising clients of export control compliance, as well as the impact of intellectual property matters within business structures. His breadth of experience is informed by a business management and litigation background.
Export Control Compliance
Jeffrey is a member of Miller Canfield's Export Control Practice Group, focusing on client matters arising under ITAR, OFAC, EAR, as well as other export control regulations. This process includes the implementation of export control compliance programs, license applications, controlled asset identification, in addition to seeking approval of TAAs, MLAs. Moreover, the Miller Canfield Export Controls Group performs due diligence on acquisition targets, drafts export control manuals and technology control plans, assists with voluntary disclosures of export control violations, as well as the employment of foreign nationals subject to export controls.
Mergers, Acquisitions, and Divestitures
Jeffrey conducts, negotiates, and consummates international acquisition and divestiture transactions throughout the world. He is known for representing clients on foreign company acquisitions of U.S. companies possessing controlled technologies, whereby aspects of the acquisition may require approval by (1) the Directorate of Defense Trade Controls (DDTC) under ITAR export controls, (2) the Bureau of Industry and Security (BIS) under EAR export controls, (3) the Defense Security Service (DSS) for U.S. target facilities with U.S. security clearance under the Foreign Ownership, Control or Influence (FOCI) provisions of NISPOM, and (4) the Committee on Foreign Investment in the United States (CFIUS) under U.S. foreign investment laws (Exon-Florio, FINSA). Since joining Miller Canfield, Jeffrey has assisted with over 1 billion dollars of transactions needing such approvals. He is also known for his representation of venture capital and private equity funds in the acquisition and divestiture of portfolio companies possessing automotive, defense, aerospace, software, IT and other controlled technologies and/or having operations located abroad.
Operational Synchronization between Vendors and Suppliers to Multi-National Companies
Jeffrey works with multi-national companies to negotiate business terms and operational execution details necessary to efficiently match requirements between vendors and suppliers to multi-national companies.
Right of Publicity and Intellectual Property Matters
Jeffrey was the principal draftsperson of the Right of Publicity Legislation Proposal for the Arts, Communication, Entertainment and Sports section of the Michigan State Bar, which resulted in his testimony regarding SB 983 (2007) and HB 5964 (2010). Additionally Jeffrey has been involved in copyright licensing and media content acquisition.
Software and IT Companies
Jeffrey represents software and IT company clients in the drafting and negotiation of agreements to facilitate development, implementation, licensure and maintenance of software technology. He works with each client to tailor an optimized agreement structure and then assist with its successful deployment with individual customers.
Entrepreneurship and Entertainment
Jeffrey has been involved with many entrepreneurial projects including multiple television, independent film, independent music and web-based projects. These projects range from web-based video education and human resource applications to pure entertainment. His approach is to tailor the business structures and negotiate agreements with the client's current needs and growth trajectory.
Customs and Trade Compliance
Jeffrey's experience in customs compliance includes assisting clients with filing Petitions for Relief, requesting the mitigation of penalties and return of seized items. Jeffrey has advised clients on preparing voluntary disclosures as to customs violations, and assisting these clients in implementing long-term successful customs compliance strategies. He has also assisted clients on other aspects of international trade, including analyzing the impact of U.S.-Antidumping laws and determining tariff classifications.
Representative Matters
Export Controls
Simulation Software used for Military and Police Training
Advised a simulation software developer as to the applicable U.S. export controls when implementing a military or police training environment that uses disabled firearms with simulation hardware to create a more effective training simulation.
Entrepreneur ITAR Broker Requirement for Investment
Advised a U.S. entrepreneur on the ITAR Broker requirements to finance the development and deployment of reconnaissance aircraft in the EU.
International Company Distributing Rare Earth Elements
Assisted a U.S.-company, with a Chinese affiliate, involved in the acquisition and distribution of rare-earth minerals to prepare an export control classification of their products and complete the Rare Earth Elements Survey.
Multinational OEM Defense Article Transfer
Advised multinational OEM as to the Austrian/EU requirements for an engineering center involved with the intra-community transfer of defense articles classified under EU Directive 2009/43/EC.
Purchase of Company Producing 600 Series Items
Advised client as to the impact on the purchase of a U.S. business arising from defense articles transferring from the United States Munitions List (USML) to the Commerce Control List (CCL) 600 Series.
Aerospace Company Export Control Reform Compliance
Classified the export controlled components of an aerospace company for items transferring from the United States Munitions List (USML) to the new 600 Series of the Commerce Control List (CCL).
Aerospace Company International Supply Chain Management
Developed an export compliance strategy for an aerospace company with a multi-stage international manufacturing process for Gas Turbine engine components.
Tier 1 Auto Supplier Export Control Audit and Benchmark Report
Conducted export control audit and compiled export control benchmark report for a multinational Tier 1 automotive supplier.
Foreign Military Sales Release of Classified Material
Coordinated the release of classified material in support of foreign military sales.
Foreign-owned Subsidiary Directorate of Defense Trade Controls Registration and License Transfer
Conducted the transfer of the registration and licenses issued by the Directorate of Defense Trade Controls to a foreign-owned U.S. subsidiary for an acquisition.
DDTC Mitigation Plan for Chinese National
Negotiated and implemented a Mitigation Plan with the Directorate of Defense Trade Controls (DDTC) regarding the ability of a Senior Financial Officer to direct and control the business affairs of the DDTC Registrant. The affected Senior Financial Officer, a citizen of the People’s Republic of China, was employed by the ultimate parent to the DDTC Registrant.
Multi-national Manufacturer Component Classification for Use on the International Space Station
Advised a multi-national manufacturer as to the item based restrictions for components manufactured for use on the International Space Station, considering the impact of both the Commerce Control List (CCL) and U.S. Munitions List (USML).
Multi-national Manufacturer EAR End-use Restriction Compliance
Advised a multi-national manufacturer on the end-user and end-use restrictions under the Export Administration Regulations (EAR) for technology and components used within ballistic missile systems.
Military Ground Vehicle Component Manufacturer Regarding ITAR Advice
Review Request for Proposal, including ITAR components, and prepared Response for first tier contractor to a U.S. military ground vehicle project.
Premier Aerospace Component Supplier as to Export Control Reform Advice
Performed detailed specially designed analysis regarding military aircraft components classified under the EU Military List, and initially caught under ECCN 09A610 classifying Military Aircraft and Related Commodities.
Premier Powertrain Supplier as to Export Control Reform Advice
Performed detailed specially designed analysis supporting the release of Ground Vehicle components formerly classified under the ITAR, and initially caught under ECCN 0A606.x pursuant to export control reform.
Export Controls Compliance for an Encryption Hardware Company
Assisted a U.S. start-up specializing in end-to-end encryption hardware with implementing an export control compliance program as required by venture capital investor for funding round.
Encryption for Software Defined Network
Advised a multinational software manufacturer regarding an encryption classification and license exception ENC compliance for a proprietary software defined network product.
Sanctions
Multinational OEM Russian Sanction Advice
Advised multinational OEM as to the impact of the Ukraine-Russia Related Sanctions applicable to its affiliated Chinese joint-venture doing business in Russia.
Software Programmer Compliance with Iranian Transactions and Sanctions Regulations
Assisted a social networking company in assessing the available exemptions to hire software programmers under the Iranian Transactions and Sanctions Regulations.
Automotive-Based Company Compliance with Syria Sanctions Regulations
Assisted U.S. automotive-based company in unwinding its business in Syria, as required by economic sanctions against Syria administered by the U.S. Office of Foreign Assets Control.
Software Developer Advice on Impact of Using Software Programmers from Iran
Advised a U.S. software development company as to the impact of upon its Australian subsidiary when hiring Iranian national software programmers.
CFIUS
Chinese Foreign Purchaser CFIUS Review
Conducted the Committee for Foreign Investment in the United States (CFIUS) filing of a Joint Voluntary Notice for a Chinese client purchasing a U.S. Business, including U.S.-controlled assets and technology.
Foreign Purchaser CFIUS Review
Advised client as to a draft Joint Voluntary Notice filed with the Committee for Foreign Investment in the United States (CFIUS) regarding a British Virgin Island entity purchasing a U.S. Business with ITAR-controlled assets.
Foreign Purchaser CFIUS Filing
Conducted the Committee for Foreign Investment in the United States (CFIUS) filing for a Swiss client purchasing a U.S. Business with ITAR-controlled assets.
Agency Preview Prior to CFIUS Filing
Preview with the Bureau of Industry and Security (BIS) regarding the potential acquisition of a U.S.-target which manufactures 600 Series items by a Chinese acquirer.
State-Owned Enterprise Purchaser CFIUS Filing
Conducted the Committee for Foreign Investment in the United States (CFIUS) filing of a Joint Voluntary Notice for the single largest overseas acquisition by a Chinese automotive supplier in history.
Chinese Foreign Purchaser CFIUS Filing
Conducted the Committee for Foreign Investment in the United States (CFIUS) filing of a Joint Voluntary Notice for a Chinese client purchasing a U.S. Business, including U.S.-controlled assets and technology.
Software and Technology
Software Manufacturer Export Controls for Big Data Product
Advised a U.S. start up with a new “big data” product as to the impact of export controls on software development strategies with a new Chinese affiliate.
Canadian Manufacturer Robot Technology U.S. Export Controls Classification
Assisted a Canadian technology company with a U.S. subsidiary to classify its robot technology under U.S. export controls, including robot components, software and technology, along with accompanying cameras, sensors and lasers.
Global Technology Company Reclassification for Interfaces Now Using Controlled Microprocessors
Assisted a global technology company with analyzing the export control classification impact of using more strictly controlled microprocessors in its new network interface product designed to provide parallel access to multiple bus channels.
Tier 1 Auto Supplier Export Analysis of Technical Data through its IT System
Assisted a Tier 1 auto supplier in analyzing the data routes and cloud infrastructure used by its Information Technology System, discussing the possible un-intended consequences of causing technical data exports from the United States based upon server location and data routing priorities.
Technology Company Encryption Software Classification for Sale of Company
Classified the proprietary export controlled software of a technology company prior to the acquisition of the technology company, including the documentation and analysis of the software’s encryption functionality and classification on the Commerce Control List (CCL).
Export Control Provisions Required in EULA
Drafted export control regulation provisions required for simulation software end-user license agreements (EULA).
Destination Control Statement Restricting Simulation Software Transfers
Prepared destination control statement regarding end-user and end-use restrictions for vehicle simulation software.
Voluntary Self-Disclosure Encryption Software Transfers
Advised a technology company as to a voluntary self-disclosure with the Bureau of Industry and Security regarding exports of controlled encryption software.
Health Data Management Software License Agreement Preparation
Drafted health data management software and services agreement, detailing software support services, software functionality and the HIPAA Business Associate Agreement.
Data Aggregator Software Service Reseller Advice
Prepared Software License Agreement for a data aggregator of the National Highway Traffic Safety Administration (NHTSA) and the Center for Auto Safety (CAS) statistics.
Software Reseller License Advice
Prepared a license agreement between a software reseller and licensor permitting the resale of the licensor’s software and providing for application, maintenance and support.
International Retailer E-commerce Terms and Conditions Drafting
Drafted the e-commerce terms and conditions for the U.S. website of a multinational European coffee brewer manufacturer.
Chinese Automotive Terms of Service and Privacy Policy Drafting
Drafted the terms of service and privacy policy for the U.S. affiliate of one of the largest automotive corporations within China.
Additional Matters
Multinational Manufacturer Compliance with U.S. Anti-dumping Laws
Assisted a multinational manufacturer in assessing the impact of U.S. Anti-dumping laws on potential purchases where the export price may be lower than the normal value in the country of export.
Manufacturing Parts Reseller Voluntary Self Disclosure with the Census Bureau
Assisted a manufacturing-parts reseller in filing a voluntary self-disclosure with the Census Bureau to report systemic violations as to their reporting within the Automated Export System (AES).
Termination of Defense Security Service Facility Security Clearance
Coordinated the termination of a facility security clearance with the Defense Security Service (DSS) pursuant to responsibilities under the National Industrial Security Program Operating Manual (NISPOM) prior to the facility transfer to a foreign purchaser.
Honors
DBusiness Magazine, Top Lawyers, International Trade Law, 2021-present
State Bar of Michigan, Pro Bono Honor Roll, 2022; Arts, Communications, Entertainment, and Sports Section, 2009 Hensel Award Recipient for outstanding contributions to the arts by a Michigan attorney; 2012 Certificate of Recognition for work as State and Federal Legislation Committee Chair
Walsh College, Masters of Science in Finance, cum laude, Specialization: Corporate Finance
University of Minnesota, J.D., cum laude, Intellectual Property Moot Court, Minnesota Intellectual Property Law Association Scholarship Award
Bowling Green State University, B.A., cum laude
Professional Activities
American Bar Association, Entertainment and Sports Law Forum; Intellectual Property Section; International Law Section; Business Law Section
State Bar of Michigan, Arts, Communication, Entertainment, and Sports Section, Chairperson 2003-2004; Council 2009-2012; Chairperson Elect 2002-2003; Treasurer 2001-2002; Secretary 2000-2001; Chairperson Right of Publicity Legislation Committee; Testified regarding Right of Publicity statute SB 983 (2007); Testified regarding Right of Publicity statute HB 5964 (2010); Business Law Section, UCC Committee; International Law Section, International Trade Committee; Export Controls and Economic Sanctions Committee
Minnesota State Bar Association
Speeches
“Export Controls: ITAR & EAR Compliance,” Van Andel Global Trade Center, Grand Rapids, Michigan, November 14, 2024
“Deemed (Re-)Exports and EAR 734.18 & 734.20,” The American Conference Institute’s Practical Forum on Advanced EAR Compliance, Chicago, Illinois, September 26, 2024
"Export Controls: ITAR & EAR Compliance," Van Andel Global Trade Center, Grand Rapids, Michigan, November 9, 2023
"7 Most Common Mistakes - International Sale of Goods," Michigan World Trade Week, Grand Rapids, Michigan, May 3, 2023
"Cybersecurity and Legal Obligations," Co-Presented with Zhiguo Du, Detroit Chinese Business Association's Cyber Security Readiness Seminar, Troy, Michigan, July 21, 2022
"Foreign Compliance With U.S. Reexport Controls," World Export Control Review webinar, April 22, 2021
"Export Controls: ITAR & EAR Compliance," Van Andel Global Trade Center, Grand Rapids, Michigan, November 10, 2020
"What Do Trade Sanctions Have To Do With Reporting?", Automotive Industry Action Group (AIAG) Responsible Materials Industry Briefing, Southfield, Michigan, June 11, 2019
"Export Sanctions & Embargoes" at Grand Valley State University produced by the Van Andel Global Trade Center, Grand Rapids, Michigan, August 22, 2018
"Maximizing EAR License Exceptions and ITAR Exemptions," The American Conference Institute's Annual Forum on US Export & Re-Export Compliance, Toronto, Canada, January 31, 2018
"Export Controls: ITAR & EAR Training" at Grand Valley State University produced by the Van Andel Global Trade Center, Grand Rapids, Michigan, November 9, 2017
"Cyber Protection, Technology, and Information" presentation at Detroit Startup Week, May 22, 2017
"Social Media Hijacking - Trends, Responses and Solutions" presentation to the State Bar of Michigan, Arts, Communications, Entertainment & Sports Section at the Wayne State University Law School, Detroit, Michigan, March 9, 2017
"ITAR & EAR with a Focus on Export Control Reform" Schoolcraft PTACs given at Schoolcraft College, Livonia, Michigan, March 1, 2017
"US Government Contracting: FAR and DFAR Training," Macomb PTAC, October 21, 2016
"Export Controls and Encryption," Macomb-OU INCubator at Velocity Collaboration Center, March 10, 2016
"The Directorate of Defense Trade Controls (DDTC) Proposal: Significant International Traffic In Arms Regulations (ITAR) Amendment," The Knowledge Group, March 1, 2016
"ITAR and EAR With a Focus on Export Control Reform," PTAC of Schoolcraft College (Webinar), February 12, 2015
"Exports, Encryption and the Cloud" (Webinar), The Knowledge Group, December 8, 2014
"Impacts of Export Control Reform on Specialized Manufacturing," ABA Export Controls and Economic Sanctions Committee, Broadcast Live from Troy, Michigan, December 16, 2014
"ITAR and EAR With a Focus on Export Control Reform," PTAC of Schoolcraft College, Troy, Michigan, November 19, 2014
"CFIUS & FINSA Hot Topics in 2014" (webinar), The Knowledge Group, July 8, 2014
"ITAR and EAR With a Focus on Export Control Reform," PTAC of Schoolcraft College, Troy, Michigan, February 12, 2014
"An Overview of ITAR and EAR, with a focus on Export Control Reform," PTAC of Schoolcraft College, Traverse City, Michigan, December 4, 2013
"An Overview of ITAR and EAR, with a focus on Export Control Reform," PTAC of Schoolcraft College, Saginaw, Michigan, December 3, 2013
"An Overview of ITAR and EAR, with a focus on Export Control Reform," PTAC of Schoolcraft College, Livonia, Michigan, October 15, 2013
Sports and Entertainment Property Valuation and Financing, Moderator, 2011
Legal Aspects of Using Day-to-Day Technology, Moderator, 2010
Michigan's Film Credit: A Filmmaker's Toolbox, Moderator, 2009
Practical Law, Right of Publicity, 2007
Publications
"Sanctions in Europe," 2nd Edition, Poland Section, WorldECR, 2024
"Toward a Deeper Understanding, Next Levels in US Export Controls," Technology Controls Section, WorldECR, 2022
"US investment and export restrictions on Chinese military companies," co-authored with Zhiguo Du and Thomas Appleman, WorldECR, March 2021
"Structuring Contract Provisions for Risks Arising from Automated Driving Systems," October 2020, Michigan Bar Journal
"CFIUS Review Under FIRRMA - Jurisdiction Expands, While Open Investment Policy and National Security Focus Remain," Michigan International Lawyer, State Bar of Michigan, Spring 2020
"Sanctions in Europe," 1st Edition, Poland Section, WorldECR, 2020
"Information Filtration under the Export Administration Regulations," WorldECR, June 2017
"Impact of US Export Controls on the Sale of a Manufacturing Business," Michigan Manufacturers Association Magazine, January 2017
"Beware the real export compliance challenges of simulation software," WorldECR, May 2016
"Understanding the 4 Types of U.S. Export Controls," Michigan Manufacturers Association Magazine, October 2015
"A Modern Approach to Tackling CFIUS Concerns," The Michigan International Lawyer, Winter 2015 - also available in Chinese here.
"Know When Software Falls Under Export Control Regime," National Defense Magazine (NDIA), January 2015
WorldECR Desk Guidebook, Poland Chapter, 2015
"Export Controls in U.K. Offshore Centres," WorldECR, May 2014
"Are Your Software Transfers Compliant with U.S. Economic Sanctions?" WSJ Blog: Risk and Compliance Journal (Link), January 10, 2014
"It's Time for Ground Vehicle and Related Commodities Manufacturers to Embrace Export Control Reform," WorldECR, September 2013
"Use Caution When Traveling With Encryption Software," National Defense Magazine, August 2013
"Tax Treatment of Copyright-Protected Property: Not Everything is the Same Under the Sun," Michigan Business Law Journal Fall 2012
"Unintended Endorsement Liability Under the FTC Guides," Michigan Bar Journal, August 2012
"Michigan Film Incentives: New Ownership and Control Requirements," Michigan Lawyers Weekly, October 11, 2010
"Michigan's Refundable Film Tax Credit Meets Article 9," Michigan Business Law Journal, Fall 2009
"Exporting Michigan Celebrities," Michigan Bar Journal, September 2007
"The Sounds of Silence," Michigan Bar Journal, June 2003
