EARN CLE CREDITS
FARA 2nd National Forum on
FOREIGN AGENTS REGISTRATION ACT December 4, 2020
VIRTUAL CONFERENCE
Join key DOJ officials and leading practitioners to discuss intensifying enforcement risks facing law firms, lobby shops, PR, Media, Tech and SEO Firms – and individual lawyers and advisors. CONFERENCE CO-CHAIRS David H. Laufman Partner Wiggin and Dana LLP (Former Chief, Counterintelligence and Export Control Section, National Security Division, U.S. Department of Justice) Matthew T. Sanderson Member, Co-Leader of the Political Law Group Caplin & Drysdale, Chartered
GOVERNMENT FACULTY Adam S. Hickey Deputy Assistant Attorney General National Security Division U.S. Department of Justice Jay Bratt Chief of the Counterintelligence & Export Control Section (CES) National Security Division U.S. Department of Justice
Brandon Van Grack Chief, FARA Unit U.S. Department of Justice
John C. Demers Assistant Attorney General for National Security U.S. Department of Justice
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DOJ Steps Up 'Foreign Agent' Scrutiny with Demands Raising Specter of Court Action
New FARA Opinions Show Justice Department’s Broad Interpretation of Law
– Law.Com
– Politico
The U.S. Department of Justice has confirmed that FARA enforcement remains one of its key priorities. Attend this critically important event as you and your clients weather a rapidly evolving landscape. Law firms, lobby shops, PR, Media, Tech and SEO Firms – and individual lawyers and advisors – are confronting unprecedented FARA prosecution risks Join government officials and leading practitioners for practical discussion of complex, high stakes issues, including: • The New FARA Crosshairs-and Limits on Exemptions: Key Takeaways on Individuals, Entities and “Non-Traditional Groups” Under the Microscope » Attorneys and the “Lawyer Exemption”
» PR, Media, Tech and SEO Firms
» Lobbyists and the LDA Exemption
» Corporations, Executives, Non-Profits, Think Tanks and “The Commercial Exemption”
• Town Hall: Meet the FARA Unit Chief • What Does It Take to Get a Conviction? Dissecting Recent, High-Profile FARA Criminal Cases • Practitioner “War Stories”: Unwritten Rules, Tough Decision-Making and Emerging Case Management Challenges
SPEAKER FACULTY GOVERNMENT FACULTY
CONFERENCE CO-CHAIRS
EXPERT SPEAKERS INCLUDE
Adam S. Hickey Deputy Assistant Attorney General National Security Division U.S. Department of Justice
David H. Laufman Partner Wiggin and Dana LLP (Former Chief, Counterintelligence and Export Control Section, National Security Division, U.S. Department of Justice)
Jason A. Abel Partner Steptoe & Johnson LLP
Amy Jeffress Partner Arnold & Porter
Kate A. Belinski Partner Ballard Spahr LLP
Ki P. Hong Partner Skadden, Arps, Slate, Meagher & Flom LLP Kate Sawyer Keane Partner Perkins Coie Robert Kelner Partner Covington & Burling LLP Nicholas J. Lewin Partner Krieger Kim & Lewin LLP
Brandon Van Grack Chief, FARA Unit U.S. Department of Justice Jay Bratt Chief of the Counterintelligence & Export Control Section (CES) National Security Division U.S. Department of Justice John C. Demers Assistant Attorney General for National Security U.S. Department of Justice
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twitter: @#ACIFARA
Matthew T. Sanderson Member, Co-Leader of the Political Law Group Caplin & Drysdale, Chartered
John P. Carlin Partner Morrison Foerster LLP Christopher DeLacy Partner Holland & Knight LLP Brian Fleming Member Miller & Chevalier
William J. Murphy Partner Zuckerman Spaeder LLP Dan Pickard Partner Wiley Rein LLP Joshua Ian Rosenstein Member Sandler Reiff Lamb Rosenstein & Birkenstock, P.C. Matthew T. Sanderson Member, Co-Leader of the Political Law Group Caplin & Drysdale, Chartered Thomas J. Spulak Partner King & Spalding LLP
December 4, 2020
U.S. Eastern Standard Time 8:00
Virtual Breakfast and Orientation
1:1 Networking and Virtual Lobby
10:15
Lobbyists and the LDA Exemption MICROPHONE Jason A. Abel, Partner, Steptoe & Johnson LLP Christopher DeLacy, Partner, Holland & Knight LLP • Evaluating risks and vulnerabilities for lawyers and lobbyists
8:45
• What DOJ advisory opinions and determination letters indicate about government priorities
Opening Remarks from the Co-Chairs
• The “principal beneficiary” standard: What does it mean?
MICROPHONE David H. Laufman, Partner, Wiggin and Dana LLP
(Former Chief, Counterintelligence and Export Control Section, National Security Division, U.S. Department of Justice) Matthew T. Sanderson, Member, Co-Leader of the Political Law Group, Caplin & Drysdale, Chartered
• Potential defenses to FARA enforcement actions 11:00
Morning Networking Break
1:1 Networking and Virtual Lobby 11:30
9:00
PR, Media, Tech and SEO Firms
DOJ Keynote Address
MICROPHONE Nicholas J. Lewin, Partner, Krieger Kim & Lewin LLP
MICROPHONE Adam S. Hickey, Deputy Assistant Attorney General, National Security Division, U.S. Department of Justice
During this opening address, Adam Hickey, Deputy Assistant Attorney General of the National Security Division, will provide big picture updates on priorities and takeaways from developments over the last 12 months.
Ki P. Hong, Partner, Skadden, Arps, Slate, Meagher & Flom LLP • DOJ’s application of FARA to conduct outside of the U.S. » Spotlight on PR campaigns directed at the U.S. • Establishing standards for when an entity disseminates stories for non-U.S. citizens » What triggers the registration requirement?
The New FARA Crosshairs – and Limits on Exemptions: Key Takeaways on Individuals, Entities and “Non-Traditional Groups” Under the Microscope
12:00
9:30
Kate Sawyer Keane, Partner, Perkins Coie
Attorneys and the “Lawyer Exemption” MICROPHONE Dan Pickard, Partner, Wiley Rein LLP Thomas J. Spulak, Partner, King & Spalding LLP
Corporations, Non-Profits, and Their Executives under FARA MICROPHONE Kate A. Belinski, Partner, Ballard Spahr LLP
Matthew T. Sanderson, Member, Co-Leader of the Political Law Group, Caplin & Drysdale, Chartered • Determining whether or not an exemption applies to business or non-profit activities
• Assessing the scope and nuances of the FARA exemption for legal representation
• Assessing the application of FARA to business executives receiving requests from foreign governments for policy-related assistance
• Reconciling what crosses the line – and what doesn’t
• Comparing and contrasting activities that are considered exempt and non-exempt
• Law firm compliance programs in a post-Skadden world
12:30
Networking Virtual Luncheon
1:1 Networking and Virtual Lobby
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1:30
4:00
TOWN HALL: Meet the FARA Unit Chief
…So You Received a Letter of Inquiry and Document Request – Now What? The Lesser Known Pitfalls to Avoid
MICROPHONE Brandon Van Grack, Chief, FARA Unit, U.S. Department of Justice
MICROPHONE Brian Fleming, Member, Miller & Chevalier
MODERATOR: David H. Laufman, Partner, Wiggin and Dana LLP (Former Chief, Counterintelligence and Export Control Section, National Security Division, U.S. Department of Justice)
Joshua Ian Rosenstein, Member, Sandler Reiff Lamb Rosenstein & Birkenstock, P.C.
During this highly anticipated session, Brandon Van Grack, Chief of the FARA Unit, will be answering questions and lending addition, in-depth insights on the interpretation and enforcement of the statute.
• Determining and controlling who must file a “shot form” for individuals
This session will cover the strategic points to keep in mind when DOJ sends a letter of inquiry and requests documents. Topics will include:
• Completing reports and filing informational materials • Establishing a post-registration compliance training and messaging to appropriate personnel
2:00
What Does It Take to Get a Conviction? The DOJ and Outside Counsel Provide Insights on Recent, High-Profile FARA Criminal Cases MICROPHONE Jay Bratt, Chief of the Counterintelligence & Export Control Section (CES), National Security Division, U.S. Department of Justice
Amy Jeffress, Partner, Arnold & Porter During this panel, Jay Bratt, Chief of the Counterintelligence & Export Control Section, will focus on the most prominent enforcement actions in recent memory, and the intersection of FARA with other U.S. laws. Topics will include:
4:45
LOOKING AHEAD: Legislative Reform Post-Election MICROPHONE John C. Demers, Assistant Attorney General for National Security, U.S. Department of Justice
John P. Carlin, Partner, Morrison Foerster LLP
• Reviewing recent cases and critical developments informing FARA enforcement
This closing panel will focus on the status and impact of the drive to expand the powers of the Department of Justice to impose civil fines and limit the applicability of certain exemptions. The discussion will include a practical analysis of pending Bills, including those giving the DOJ authority to issue administrative subpoenas and more. Topics of discussion will include:
• How DOJ assesses its “willfulness” burden of proof in criminal cases
• What are the hurdles to reforming FARA?
• Circumstantial evidence in FARA criminal prosecutions: What is enough?
• What exactly has been proposed and how it expands the panoply of risk?
2:45
• What is the anticipated impact of those proposals on the enforcement of the current law?
PRACTITIONER “WAR STORIES”: Practical Unwritten Rules, Tough DecisionMaking and Emerging Case Management Challenges
• Which reforms can DOJ implement on its own vs. Congress?
MICROPHONE Robert Kelner, Partner, Covington & Burling LLP
• Additional items to keep in mind when building FARA into compliance program 5:30
Forum Concludes
William J. Murphy, Partner, Zuckerman Spaeder LLP During this highly anticipated session, hear from leading practitioners on the practical realities of handling FARA cases from start to finish. Benefit from insights on how enforcement has evolved – and the impact on strategy and advice to clients. Ample time will be left for Q & A, so come prepared with your questions! 3:30
Afternoon Networking Break
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