Empowering the Next Generation of Trade Professionals: A Strategic Imperative

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Genuine curiosity and statistical improbability drive the single question that Michelle and Derick receive almost everywhere they go: How did you get involved with that? Michelle and Derick are among the rare few minority attorneys who’ve ascended to senior ranks in their respective international trade fields.

An Introduction to the Authors

Michelle has been in the export control and sanctions compliance field for nineteen years. She had some great leaders who took her under their wing and taught her about this area of the law. She started out working in the aerospace and defense sector learning the foundations. She worked on the day-to-day aspects supporting programs with licensing and compliance. This work taught her how to read the regulations, gave her the practical experience of writing the license applications, and familiarized her with government submission tools while she often hand carried the paper licenses to the State Department.

Michelle then worked at a corporate level of another large aerospace company on the investigations side evaluating potential violations and putting in place corrective measures to prevent future reoccurrences if violations were found. She also gained experience writing voluntary and self-disclosures to the regulators.

Then, Michelle decided to take an unexpected role by working in higher education at a major research university as the director of export control compliance. This was her first experience with a very small export compliance team. It was her responsibility to create policies and procedures and to bring automation tools to the university such as screening tools. She spent much time educating the university community on export control and sanctions and how they apply in an academic setting.

Michelle then returned to the defense sector, managing a large volume of licenses and experiencing an on-site monitorship as a result of a compliance settlement. She witnessed the various reporting obligations and internal changes because of a settlement and how these circumstances ultimately make the program stronger.

Next, she had the experience of working in a traditional law firm. Michelle values this experience because she always wondered what it was like to work in a law firm and is grateful for the experience of supporting law firm clients and the relationships she made there.

She knew she wanted to continue to support clients, but in a different space. This led her to the management team of a Big 4 consulting company in its Global Trade Advisory practice group. Michelle was grateful to advise clients of various sizes and sectors. She enjoyed working within a team for a client, particularly the experience of being on site to support an international client going through a complex compliance settlement. She also had the opportunity to manage high-performing teams and be a mentor to others.

Finally, Michelle decided to take on a new challenge in the software and technology sector by joining SAP as its chief legal counsel, export control/sanctions for the Americas and Asia Pacific Japan. She is proud of the work she has done at SAP over the past four years; and as far as she knows, she is the first person of color attorney to be on the export control legal team and continues to be the only biracial Black and Asian American on the export control legal team.

This is all to say that Michelle’s background and experience is not typical of most international trade attorneys. Michelle embraced charging her own path while being mindful of her values and motivations. Each role she took helped add to her toolkit and gave her practical skills and experience to take on her next role.

Similarly, after more than one hundred years of US anti-dumping and countervailing duty law, in 2021, Derick amongst the first Black partners at an Am Law 200 law firm to have a trade remedies practice. Derick’s journey in international trade began two decades ago when he applied for government internships and was hired as an intern in the office of external relations at the US International Trade Commission (ITC) in high school.

Due to the support of his sponsors at the agency, Derick worked at the ITC throughout college at Towson University and throughout law school at Howard University School of Law, including during his 1L summer where he interned for the ITC’s second Black commissioner, Irving Williamson. This was a pivotal time for Derick given that he started law school during the global financial crisis and many law firms cut their 1L summer programs, deferred summer associate start dates, and rescinded job offers. Hardship and perseverance not only characterized the legal industry and the domestic manufacturers that he represents, but also the typical American family during the financial crisis struggling to make ends meet.

The front-row view at the ITC showed Derick how international price discrimination impacts US workers and communities and sparked his passion to help US manufacturers when they are undercut by their foreign competitors due to subsidies or economic policies that encourage the sale of goods to the United States below their cost of production. To remedy this unfair trade, Derick advocates to the ITC and the US Department of Commerce to level the playing field by imposing tariffs at the border, which helps domestic industries regain market share, price their products fairly, and increase their bottom lines. Derick’s international trade practice allows him to be a social engineer while protecting American industries’ three “Ps”: production; profits; and people.

Why Diversity in International Trade Is Important

Inclusive trade policies ensure that the trade laws and regulations being developed consider the unique impacts on women, people of color, and economically disadvantaged groups. This inclusive decision-making process not only promotes fairness and equity but also encourages more effective trade solutions that incorporate input from stakeholders that are often directly impacted by trade policy.

Diversity in international trade is particularly important with respect to export controls and sanctions law given the crucial role these laws play in strengthening US national security. Diversity supports creative strategies in developing and enforcing export controls and administering sanctions, which are essential for preventing sensitive technologies from falling into the wrong hands. Further, a team with varied experiences can better navigate the local and geopolitical complexities that influence how domestic, foreign, and multinational companies ensure compliance with US and international regulations. Ultimately, promoting diversity in this sector strengthens the effectiveness of national security measures while supporting a comprehensive and inclusive approach to enforcing US and international trade laws.

Michelle and Derick’s Commitment and Role

Education Is Key

Our outreach efforts primarily focus on elucidating the profound impact of international trade. From shaping everyday consumer prices to determining access to cutting-edge technology, these decisions are not just economic but also pivotal for national security. Through collaborations with bar associations, industry groups and conferences, alumni panels, and podcasts, we’ve pursued a concerted mission to enlighten students from diverse backgrounds about the advantages of pursuing a career in international trade. This encompasses a variety of sophisticated sub-practices, including strategic compliance analysis, advocacy before government agencies, regulatory litigation, appellate work, and opportunities to influence trade policy.

P.I.C. Opportunities

Promote, identify, and create opportunities to get involved in international trade. Leveraging our platforms, we promote awareness of opportunities and connect with individuals within our network to generate interest in international trade, including export controls and sanctions law. But intentionality is important. We specifically advocate for incorporating diverse voices into international trade panel discussions for a different perspective and to further the conversation. Securing a seat at the table is not the end goal; we are sending additional invitations and creating new chairs. Michelle, through her Advisory Board service with Women, Influence & Power in Law (WIPL), is intentional in identifying and creating opportunities for diverse speakers to join the speaker faculty of conferences she is a part of. Through support for pathway programs, leadership academies, and scholarships, including the fully endowed Derick G. Holt International Trade Diversity Scholarship at Howard University School of Law, we cultivate an environment and sufficient opportunities where diverse professionals feel welcome to enter the profession.

Showing Up and Showing Out

Representation matters! Being present and visible in this profession shows junior attorneys and students that there is a viable path to success for diverse professionals in international trade. While we may deal with impostor syndrome at times, we absolutely belong in these positions and our voices are necessary for an inclusive dialogue that can shape trade policy. We should be unapologetic about who we are and the culture that influences our experiences, our thoughts, and our approach to solving problems for our clients.

Guidance for the Next Generation of International Trade Attorneys

• Relationship Building: It is not sufficient to pass out business cards at networking events. Seek to build relationships with attorneys which may include following up for coffee, a bite to eat, or a Zoom. Optimize your time with the attorney by understanding their goals and priorities as well as identifying synergies for mutual development. This also means checking in periodically to grow the relationship.
• Mentorship: Leverage formal and informal mentor-mentee relationships by proactively scheduling meetings and follow-up touchpoints. A good way to organically create a mentor-mentee relationship within your organization is to be genuinely curious about helping your potential mentee reach their own goals. Share articles or industry information that is of mutual interest.
• Bar Associations and Industry Groups: Joining bar associations related to international trade or industry groups allow you to benefit from the substantive programming as well as work side-by-side with practicing trade professionals. Additionally, consider joining the international law section of affinity bar associations to collaborate with trade attorneys with similar backgrounds. This also allows you to grow your network of colleagues who can be a tremendous resource for your career, including introducing you to future roles and people with whom you can also share opportunities with.
• Hard Assignments and Difficult Supervisors: It is easy to stay in your comfort zone when dealing with complex theories of international, economic, and national security law. But those stretch assignments or opportunities to work with extremely demanding senior attorneys often provide opportunities and exposure to different practice areas. For example, while Derick was focused primarily on trade remedies, these types of assignments (which are typically leanly staffed) allowed him to lead investigations, prepare prior disclosures, and work on entity list designations. Michelle believes that it is important to work with a variety of leaders on areas you may be less familiar with because you learn how to manage different work personalities and experience different work styles; and you become more well-rounded as an attorney, not only focusing on a specific area of the law but also adding depth and breadth to your practice. This also builds your resilience and allows you to self-reflect on the type of work you like to do and the environment you like to do it in.

Mentoring the Next Generation of International Trade Attorneys

• Facilitate Networking Opportunities: Introduce junior attorneys to your professional networks and encourage them to build their own independent relationships, which can be invaluable for their career development. Connecting trade attorneys with similar backgrounds or practice interests can help junior attorneys form their own circle of support.
• Encourage Exploring International Trade Early: For many mid-level to senior trade practitioners, we share similar stories of how the stars aligned and we “fell into” international trade. But we are now beginning to see more candidates affirmatively choosing international trade as an initial career path, including export controls and sanctions law. They are demonstrating their interest in international trade law early in their careers through experiences such as government and private-sector internships, on-campus organizations focused on international trade and national security, pathways programs, and participation in bar associations and industry events as student members.
• Don’t Be Afraid to Use Your Professional Capital: Embrace the opportunity to make a meaningful difference in the lives and careers of those around you through the strategic deployment of your professional influence. Facilitate introductions that allow others to connect and grow.

Michelle and Derick’s Hope for the Future

We envision a future where international trade law is not only known for its complexity and importance but also for its inclusiveness and diversity. Our call to action is that we encourage our peers to actively mentor, advocate, and open doors for attorneys seeking to promote diversity within the international trade field. We want to inspire diverse trade attorneys to connect through existing organizations or create new support mechanisms to conduct outreach. Through collaborative efforts, we can transform international trade law into a truly inclusive profession.