People

Overview

Ted Posner advises clients on cross-border transactions, regulatory risk management, and international disputes at the intersection of national security and economic law and policy. Drawing on more than 30 years of experience spanning senior positions in the executive and legislative branches of the U.S. government and private practice, Ted helps companies navigate complex regulatory frameworks governing cross-border investment and trade and tariffs.

Before joining the firm, Ted served as the Assistant General Counsel for International Affairs at the U.S. Department of the Treasury. In that role, he led a team of approximately 30 attorneys advising on all aspects of international economic law and policy, including the Treasury-chaired Committee on Foreign Investment in the United States (CFIUS), the launch of the Treasury-led outbound investment security program, international trade, sovereign debt, and U.S. engagement with the IMF, World Bank, and regional development banks.

Ted is known for guiding clients through highly sensitive CFIUS and related national security reviews where stakes are significant and timelines are compressed. Drawing on his recent experience as the lead lawyer advising the Secretary of the Treasury and other senior Treasury officials on CFIUS and other international economic matters, Ted works closely with deal teams to evaluate jurisdictional and risk issues early in the transaction lifecycle, develop defensible strategies, and position transactions for clearance. Ted also assists companies and investors in developing compliance programs and related strategies for adapting to emerging regulatory regimes, including the new outbound investment security program, the evolving use of tariffs and trade tools, and the convergence of national security policy with economic policy.

Earlier in his career, Ted led the CFIUS practice at a global law firm, where he counseled clients in a range of sectors on national security reviews and advised on international arbitration and trade matters. In addition to his recent leadership role at the Treasury Department, Ted's experience includes legal and policy roles at the National Security Council, the Office of the U.S. Trade Representative, and the U.S. Senate Finance Committee, where he contributed to the development of legislation, trade agreements, and dispute settlement strategies. Clients rely on him for his ability to translate regulatory complexity into actionable guidance.

Ted is a frequent speaker on investment security and trade regulation, and he has written extensively on international economic law.

Admissions & Affiliations

  • District of Columbia Bar
  • New York State Bar

Education

  • J.D., Yale Law School 1994
    Essays Editor, Yale Law Journal
    Articles Editor, Yale Journal of International Law
  • A.B., Public Policy, Princeton University 1990
    summa cum laude
    Phi Beta Kappa

Experience

  • Led Treasury legal team advising on CFIUS reviews of hundreds of transactions annually and on implementation of the outbound investment security program.
  • Developed policy and drafted regulations governing cross-border investment and national security reviews.
  • Led the Treasury team that negotiated the agreements establishing the U.S.-Ukraine Reconstruction Investment Fund.
  • Counseled clients on structuring and negotiating transactions to mitigate CFIUS risk and achieve timely clearance.
  • Guided companies in designing compliance programs for CFIUS and economic sanctions programs.
  • Represented sovereigns and corporations in investor-state arbitration under investment treaties and free trade agreements.
  • Advised multinational companies on trade sanctions compliance, enforcement actions, and supply chain due diligence.

Awards and Community

Listed in Super Lawyers (Thomson Reuters) for International Trade, 2014-2015, 2020

Listed in The Best Lawyers in America (Woodward White, Inc.) for International Arbitration and International Trade, 2012, 2014