Devin S. Sikes, Counsel, International Trade, International Trade Policy, Administrative & Regulatory Litigation

Devin S. Sikes

Counsel

Areas of Focus

Devin S. Sikes, Counsel, International Trade, International Trade Policy, Administrative & Regulatory Litigation

Devin S. Sikes

Counsel

dsikes@akingump.com

Areas of Focus

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Biography
  • Represents corporations, industry associations and governments in complex international trade matters before U.S. agencies.
  • Leads clients through high-stakes international trade litigation before U.S. courts and international tribunals.
  • Provides practical advice to clients on the day-to-day impact of U.S. trade law and policy.
  • Serves on the U.S. roster of panelists who resolve trade remedy disputes arising under Chapter 10 of the USMCA.
  • Served in the U.S. government for nearly a decade in various roles in the judicial and executive branches.

Devin helps government and corporate clients across the globe navigate complex international trade laws and policies to seize opportunities and avoid risks. With a particular focus on trade policy and trade remedy matters, Devin has represented corporations, big and small, across numerous industries, as well as counseled industry associations and sovereigns.

Clients look to Devin for advice on a broad range of questions related to imports, including antidumping and countervailing duty measures, trade policy and customs matters. He also advises clients on a wide variety of issues arising under Section 201 of the Trade Act of 1974, Section 232 of the Trade Expansion Act of 1962, Section 301 of the Trade Act of 1974, Section 332 of the Tariff Act of 1930 and Section 337 of the Tariff Act of 1930.

Thanks to his extensive experience before U.S. courts and international tribunals, Devin regularly leads clients through high-stakes litigation challenging unfavorable international trade laws and determinations. Those high-profile trade disputes have concerned imports whose value exceeded billions of dollars. In these matters, Devin develops effective strategies, authors briefs and argues cases. He frequently appears before the U.S. Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit, as well as before dispute settlement panels established under the United States-Mexico-Canada Agreement (USMCA) Chapter 10 and the World Trade Organization (WTO) Dispute Settlement Understanding.

In April 2020, the Office of the U.S. Trade Representative (USTR) appointed Devin to the U.S. roster of panelists who resolve antidumping and countervailing disputes arising under Chapter 19 of the North American Free Trade Agreement (NAFTA). Following the implementation of the USMCA, Devin’s appointment carried over to the U.S. roster of panelists who resolve disputes arising under USMCA Chapter 10. USTR has reappointed Devin to that roster each year since 2020.

In October 2023, the CIT appointed Devin to its Rules Advisory Committee, carrying a term of five years.

Apart from his work on international trade matters, Devin has counseled clients on a broad range of issues in disputes before the Supreme Court of the United States and the U.S. Courts of Appeal for the D.C., Federal, 2nd, 3rd, 4th, 7th and 11th Circuits.

Prior to joining Akin, Devin served in the U.S. government for nearly a decade in various roles in the judicial and executive branches. Most recently, he served as a judicial law clerk to the Honorable Evan J. Wallach of the Federal Circuit.

Earlier in his career, Devin was a senior attorney in the U.S. Department of Commerce’s Office of the Chief Counsel for Trade Enforcement and Compliance. He represented Commerce in a series of significant antidumping and countervailing duty proceedings. Devin received numerous awards for his advocacy, including a Gold Medal (the highest form of honorary recognition for distinguished performance bestowed by the Secretary of Commerce) and a Bronze Medal (the highest honorary award for superior performance granted by Commerce’s International Trade Administration).

Devin began his career as a judicial law clerk to the Honorable Judith M. Barzilay of the CIT. In that role, he assisted Judge Barzilay in actions before her at the CIT and in matters assigned to her when she sat by designation on the U.S. Courts of Appeal for the 6th, 9th and 11th Circuits, as well as on the U.S. District Court for the Southern District of New York.

Devin is a native Kansan and citizen of the Cherokee Nation.

Representative Work
  • Represent five industry associations in antidumping proceeding on fresh tomatoes from Mexico and related appeals before the CIT and Federal Circuit.
  • Represent the Government of British Columbia in antidumping and countervailing duty proceedings regarding certain softwood lumber products from Canada and in related appeals before the CIT, the Federal Circuit, NAFTA/USMCA panels, and the WTO.
  • Represented various companies before the Federal Circuit in a dispute involving several hundred million dollars in duties on solar products.
  • Successfully defended Commerce before the CIT and the Federal Circuit in constitutional litigation challenging retroactive legislation. If unsuccessful, Commerce could have been prevented from applying the countervailing duty law to nonmarket economy countries such as China and imposing $4 billion in duties.
  • Represented the U.S. before the WTO’s Dispute Settlement Body in an appeal concerning whether Section 129 of the Uruguay Round Agreements Act is inconsistent with various articles of the WTO Anti-dumping Agreement. At stake was the ability of the U.S. to implement adverse WTO rulings. Both the panel and the Appellate Body found that Section 129 was WTO-consistent.
  • Acted for Commerce in negotiating and drafting an agreement suspending ongoing administrative investigations of sugar from Mexico, a matter that involved nearly $700 million in duties. The agreements were executed and survived challenges in litigation.
  • Represented a Fortune 500 company in various appeals before the CIT, challenging Commerce’s final determinations in trade remedy investigations on biodiesel from Indonesia.
  • Advised a U.S. automobile manufacturer before Commerce in the investigation of imports of automobiles and automotive parts conducted pursuant to Section 232.
  • Counseled NEC Energy Solutions before the USTR in achieving an exclusion from duties that would otherwise have been imposed under Section 301.

Languages
  • Spanish

  • Portuguese

Education
  • J.D., University of Kansas School of Law, 2008

  • B.A., University of Kansas, 2005

Clerkships
  • U.S. Court of International Trade

  • U.S.C.A., Federal Circuit

Bar Admissions
  • District of Columbia

  • New York

  • Texas

Recognitions
  • Diversity Journal, Native American Indigenous Leadership Award, 2024.
  • Akin Philadelphia, Pro Bono Team of the Year, 2024.
  • The Legal 500 US, International Trade, 2021 and 2024.
  • Super Lawyers, Texas, Rising Star, 2019-2023.
  • Super Lawyers, Washington, D.C., Rising Star, 2018-2019.
  • Akin Houston, Pro Bono Attorney of the Year, 2022.
  • Capital Pro Bono Honor Roll, High Honors, 2018-2019.
Affiliations and Public Service
  • Board of Directors, Customs and International Trade Bar Association.
  • Board of Governors, University of Kansas School of Law.
  • Vice Chair of the International Trade Committee, Federal Circuit Bar Association.
  • Member, U.S. Court of International Trade Rules Advisory Committee.
  • Member, U.S. Roster for United States-Canada-Mexico Agreement Chapter 10 Disputes.
  • Member, American Bar Association.
  • Member, American Constitution Society.
Speeches and Publications
  • Panelist, "On-the-Radar: What to Watch Out For in Trade and Customs Law in 2024," Ninth Trade Law Fall Update, Case Western Reserve University School of Law, November 21, 2024.
  • Panelist, "Tomato Talk," Southwest International Produce Expo, Fresh Produce Association of the Americas, November 8, 2024.
  • Panelist, "FPAA To Talk Trade, Elections, Tomatoes and More as The Industry Juggle the U.S., Mexico, and Canada Relationship," Southwest International Produce Expo, Fresh Produce Association of the Americas, November 8, 2024.
  • Panelist, “Static Rules and Evolving Business Information: The Ethics of Confidentiality in Trade Proceedings,” 22nd Judicial Conference of the United States Court of International Trade, October 10, 2024.
  • Speaker, “The Places You Can Go: Tips for a Successful Career in International Trade & Customs Law,” Customs and International Trade Bar Association (CITBA), October 9, 2024.
  • Speaker, “Customs Law Litigation Post-Loper Bright,” Customs and International Trade Bar Association, September 18, 2024.
  • Panelist, “General Assembly,” AMHPAC Congress 2024, Mexican Association of Protected Horiculture, August 28, 2024.
  • Panelist, “TSA Precheck: All About the Tomato Suspension Agreement, ” Viva Fresh Expo, Texas International Produce Association, April 12, 2024.
  • Panelist, “Administrative Practice in Advance of Federal Circuit Review, ” Federal Circuit Bar Association, February 1, 2024.
  • Panelist, “Issues at the Intersection of International Trade and Technology,” American University Law Review’s Federal Circuit Symposium Webinar, November 5, 2021.
  • Panelist, “Trump Tariffs and the Role of the Courts,” Georgetown University Law Center’s International Trade Update, March 2021.
  • Panelist, “International Trade in a Time of Crisis,” Inter-Pacific Bar Association Webinar, September 2020.
  • Panelist, “Energy Storage, Trade & China,” U.S. Energy Storage Association Webinar, May 2020.
  • Panelist, “Trade Wars: Tools, Trends & Tomorrow,” Inter-Pacific Bar Association North American Regional Conference, Chicago, September 2019.
  • Panelist, “How International Trade Lawyers Can Add Value For Corporate Clients,” Inter-Pacific Bar Association Annual Meeting, Singapore, April 2019.
  • Devin has also guest lectured on international trade and appellate litigation at various law schools across the United States, including the William & Mary Marshall—Wythe School of Law, the American University Washington College of Law, the University of Kansas School of Law, the University of Houston Law Center and Santa Clara University School of Law.

Insights and Achievements

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