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Robert G. Kalik | Senior Partner

Phone: (240) 744-7605
Email: RKalik@KalikLewin.com

Robert KalikRobert Kalik, a senior partner in Kalik Lewin, counsels and lobbies for multinational and emerging companies on a variety of domestic and international corporate, transactional and trade law issues. The former President of American Vintners Association, the national association representing American wineries, Mr. Kalik also represents a large number of beverage alcohol producers, importers and distributors. He has represented companies and trade groups in domestic and foreign antidumping, safeguard, and subsidies proceedings, in international treaty negotiations, in government investigations and in litigation before U.S. and foreign agencies and courts. Mr. Kalik has extensive experience representing high net worth privately owned and family businesses, advising clients in business as well as legal strategies.

Mr. Kalik’s long-standing relationships with high level Executive and Legislative branch officials in the Office of the U.S. Trade Representative (USTR), the House Committee on Ways and Means, the Senate Finance Committee, the Federal Trade Commission (FTC) and the Alcohol and Tobacco Tax and Trade Bureau (TTB) make him uniquely qualified to counsel clients facing detrimental legislative and administrative actions such as product bans, administrative investigations and negative consequences of proposed legislation and rulemakings. Mr. Kalik specializes in coordinating coalitions between like-minded groups within the government, and between the government and private sector, to overcome technical barriers to doing business in both the domestic and internal arenas. His legal expertise, extensive business experience, and complex understanding of political and administrative processes allow Mr. Kalik to take a multifaceted approach to crisis management and strategic planning.

Mr. Kalik has successfully argued before the World Trade Organization (WTO), the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of International Trade (CIT) and the International Trade Commission (ITC). He has represented clients before a broad range of U.S. federal agencies, including the FTC, TTB, the Food and Drug Administration (FDA), U.S. Customs and Border Protection (CBP), the U.S. Patent and Trademark Office (USPTO), the Department of Commerce (DOC) and numerous State Attorneys General.

Mr. Kalik has an international practice, representing companies from around the world before agencies and tribunals in the United States, Canada, South America, Europe and Australia. He has served as co-counsel with the Brazilian government in successfully challenging the U.S.’s “zeroing” policy in antidumping reviews before the World Trade Organization. He has served as lead counsel to the U.S. private sector in negotiating the EU-US Bilateral Agreement on Trade in Wine, in founding the World Wine Trade Group and negotiating its Treaties on Mutual Acceptance Agreement on Oenological Practices and on Labeling of Wine, and in negotiating the Official Mexican Standard of Tequila. Mr. Kalik regularly represents U.S. private sector interests in trade agreement negotiations, including negotiations under the Asia-Pacific Economic Cooperation and Trans-Pacific Partnership.

Prior to forming Kalik Lewin, Mr. Kalik was a partner in the Washington office of the international law firm of McDermott, Will and Emery. He has written articles and lectured widely on international matters. Mr. Kalik is a member of the Bar of the District of Columbia, and is admitted to practice before the U.S. Court of International Trade, the U.S. District Court for the District of Columbia, and the U.S. Courts of Appeals for the District of Columbia and Federal Circuits. Mr. Kalik received his bachelor's degree from Syracuse University in 1975, and his Juris Doctor degree in 1979 from the Benjamin N. Cardozo School of Law of the Yeshiva University.

Strategic Counceling Representations

  • Representing high-end American wine producer in response to Federal Trade Commission order to file Special Report in connection with the Commission’s compilation of data and information concerning alcoholic beverage sales, marketing and distribution. May-June 2012.
  • Counseled large Brazilian orange juice producer in response to the Food and Drug Administration’s ban on imports of Brazilian orange juice containing detectable levels of the fungicide carbendazim, leading to the company’s removal from the Administration’s Import Alert.
  • Representing multiple producers of flavored malt beverage products in successfully negotiating scope of discovery requests, production deadlines and confidential treatment of responses in investigations by the Federal Trade Commission and multiple State Attorneys General. 2011-2012.
  • Successfully negotiated favorable settlement with the Alcohol and Tobacco Tax and Trade Bureau on behalf of multimillion dollar corporation accused of violating the tied house “slotting fee” provisions of the Federal Alcohol Administration Act. May 2011.
  • Successfully represented client in negotiating and closing the first Recovery Zone Facility Bond in the State of Delaware, a $13,400,000 project. Sept. 2010.
  • Represented privately held software/data company in restructuring to prepare for sale, and in the $25 million dollar sale of the business.

Legislative Accomplishments

  • Successfully commented on and achieved the withdrawal of the Alcohol and Tobacco Tax and Trade Bureau’s proposed rulemaking amending the definitions of “cigarette” and “cigar” when the amendment would have effectively ended client’s business (71 Fed. Reg. 62506). March 2007.
  • Successfully commented on and achieved the withdrawal of the Alcohol and Tobacco Tax and Trade Bureau’s proposed regulatory amendment prohibiting the substitution of domestic merchandise on which no tax is paid under the Internal Revenue Code for imported merchandise for purposes of claims for drawback of tax under the customs laws and regulations (75 Fed. Reg. 9359). March 2, 2010.
  • Amended the Tariff Act of 1930 [19 U.S.C. 1313(j)(2)] with respect to the unused merchandise drawback provision of the Food, Conservation and Energy Act of 2008, (Pub. L. 110-246; 122 Stat. 2309). June 18, 2008.
  • Amended designation of wines [26 U.S.C. 5388(c)], with respect to the Tax Relief and Healthcare Act of 2006, (Pub. L. 109-432; 120 Stat. 2972) to conform with the Agreement between the United States of America and the European Community on Trade Wine, commonly referred to as the U.S./EU Wine Agreement. December 20, 2006.
  • Amended the Tariff Act of 1930 [19 U.S.C. 1313 (j)(2)], with respect to the Miscellaneous Trade and Technical Corrections Act of 2004, (Pub. L. 108-429; 118 Stat. 2579), enacting substitution drawbacks by establishing regulations for Certification of Natural Wine Imported into the United States. December 3, 2004.
  • Amended designation of wines [26 U.S.C. 5388(c)], with respect to the Tax Payer Relief Act of 1997 (Pub. L. 105-34; 111 Stat. 877), to protect the use of semi-generic wine designation terms in the United States. August 5, 1997.
  • Enacted the small, domestic winery tax credit through the Omnibus Budget Reconciliation Act of 1990, (Pub. L. 101-508; 104 Stat. 1388). November 5, 1990.
  • Gained exemption for medical equipment from ban on sales of Toshiba products through the Omnibus Trade and Competitiveness Act of 1988, (Pub. L. 100-418; 102 Stat. 1107). August 23, 1988.
  • Gained agreement to lift maximum usury interest rate imposed on the District of Columbia by Congress through the Depository Institutions Deregulation and Monetary Control Act of 1980, (Pub. L. 96-221; 94 Stat. 132). March 31, 1980.

Major International Policy Representations

  • Served as Co-Counsel in successfully seeking a sunset by the ITC of the Antidumping Duty Order on Certain Orange Juice from Brazil. March 2012.
  • Served as Co-Counsel with the Brazilian government before the WTO in successful challenge of the U.S.’s “zeroing” practice in antidumping reviews. March 2011.
  • Served as Economic Operator representing the World Wine Trade Group at the World Health Organization round table meeting on “Reducing Harmful Use of Alcohol.” November 2008.
  • Served as Counsel to the Tequila Bulk Producers Alliance regarding the Memorandum of Understanding Between the Office of the United States Trade Representative and the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury with respect to the implementation of the Agreement between the Office of the United States Trade Representative and the Secreteria de Economia of Mexico on Trade in Tequila. December 2005.
  • Acted as co-strategist on the Asia-Pacific Economic Cooperation (APEC) initiative to interest APEC nations to adopt principles of the World Wine Trade Group. May 2002.
  • Fully participated in the drafting and negotiations of the Agreement on Mutual Acceptance of the Oenological Practices between the United States and Australia, Canada, Chile, and New Zealand in December 2001. Argentina became a signatory. December 2002.
  • Fully participated in the drafting and negotiations of the Agreement on Requirements for Wine Labeling between the United States, Australia, Canada, Chile, New Zealand and Argentina. October 2000.

Business Activities

  • Sensatex-CEO and Board Member. A bio life science company with patents to develop a “SmartShirt”. Successfully developed a field test version of the SmartShirt System.
  • Cangen-COO. A biotechnology company principally responsible for developing a non invasive diagnostic for the early detection of bladder cancer. Successfully launched the first NCI funded study of a cancer diagnostic.
  • Cosmos Bio Life Sciences Alliance-Managing Director. Managed the development and creation of this early stage group of large Japanese companies investing in cutting edge bio platform technologies founded by formed FDA Commissioner Frank Young.
  • Cellar Masters-Founding Partner. Pre internet direct wine shipping company acquired by the predecessor to Wine.com.