11th National Conference on CFIUS - WEB

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2025 Conference Co-Chairs

11th National Conference on

CFIUS

JANINE N. SLADE

Special Counsel Covington & Burling LLP

BRIAN REISSAUS

Senior Advisor, National Security Freshfields US LLP

April 24–25, 2025 | The Madison Hotel, Washington, DC

ANNE SALLADIN

In-Person and Livestream Options Available The Country’s Flagship Conference on New, Expanded Scope and Scrutiny of Foreign Direct Investments

Join Government Officials, In-House Executives and Outside Counsel for New, Critical Discussions on:

Partner Hogan Lovells US LLP

Supporting Sponsors

CHEVRON-RIGHT Post-U.S. Election: Practitioner and Former Government Perspectives on CFIUS Penalties and Enforcement CHEVRON-RIGHT In-House Executive Insights: Behind the Scenes of Implementing a Mitigation Agreement CHEVRON-RIGHT The Present and Future of Outbound Investment Policy CHEVRON-RIGHT AI, ML, Quantum Computing and Connected Vehicles: How Emerging Tech Fits into the CFIUS Landscape

Associate Sponsors

CHEVRON-RIGHT U.S. Steel Case Study: Is the Scope of National Security and Economic Security Expanding?

CHEVRON-RIGHT Safeguarding Data Centers, Personal Sensitive Data and the Tech Supply Chain

New Strategy Sessions on High Stakes, Time Sensitive Decisions: Caret-right The Biggest “What Ifs” Affecting the Fate of Short, Medium and Long-Term Transactions Caret-right Rethinking Key Decisions for Non-Notified Transactions and Mitigation Complexities

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Luncheon Sponsor Premium Exhibitors

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2025 SPEAKER FACULTY GOVERNMENT SPEAKERS Alexa Van Anne Deputy Branch Chief, Economic Security and Strategic Engagement, Directorate of Global Investment and Economic Security U.S. Department of Defense Dan Burke Director, Foreign Investment Risk Review U.S. Department of the Air Force Giovanna Cinelli Deputy General Counsel, Office of the General Counsel Department of Homeland Security

CONFERENCE CO-CHAIRS Brian Reissaus Senior Advisor, National Security Freshfields US LLP

Anne Salladin Partner Hogan Lovells US LLP

Janine N. Slade Special Counsel Covington & Burling LLP

Widad E. Whitman Acting Deputy Director for Batteries and Critical Materials, Office of Manufacturing and Energy Supply Chains U.S. Department of Energy

Nancy A. Fischer Partner Pillsbury Winthrop Shaw Pittman LLP

Paul D. Marquardt Partner, Financial Institutions Davis Polk & Wardell LLP

Nathan D. Fisher Managing Director StoneTurn Former Unit Chief, Directorate of Intelligence, Federal Bureau of Investigation (FBI)

Eric Matrejek Managing Director Berkeley Research Group (BRG)

Former Deputy Assistant Secretary for Investment Security Operations, U.S. Department of Treasury

DISTINGUISHED FACULTY B.J. Altvater Associate Cleary Gottlieb Steen & Hamilton LLP Former Oversight Officer and Policy Analyst, U.S. Department of Homeland Security Scott Boylan Partner StoneTurn

Michael Faulkender Deputy Secretary U.S. Department of the Treasury

Ryan Brady Partner White & Case LLP

Isaac “Ike” A. Harris Senior PSM for Technology House Select Strategic Competition Between the United States and the Chinese Communist Party Committee

James M. Brower Partner Morrison Foerster LLP Charles L. Capito Partner Morrison Foerster LLP

Nicholas Jackson Chief, Foreign Investment Unit Federal Bureau of Investigation (FBI)

John P. Carlin Partner Paul Weiss Rifkind Wharton & Garrison LLP

Jamieson McKay Director General, Foreign Investment Review and Economic Security Branch (FIRES) Innovation Science and Economic Development Canada, Government of Canada

Eric Chewning Executive Vice President of Corporate Strategy and Development HII Corporate Former Deputy Assistant Secretary for Industrial Policy, United States Department of Defense

Charles Morrison Policy Director House Select Strategic Competition Between the United States and the Chinese Communist Party Committee

Randall Cook Managing Director Alvarez & Marsal

Jennifer Danner Riccardi Senior Advisor Delegation of the European Union (Washington DC)

Sarah Bauerle Danzman Resident Senior Fellow, Economic Statecraft Initiative Geoeconomic Center Atlantic Council

David Shogren Director, Office of Global Transactions U.S. Department of the Treasury

Zachary N. Eddington Counsel Latham & Watkins LLP

Timothy Varley Deputy Director, DON Foreign Investment Review, Research, Development, and Acquisition (RD&A) U.S. Department of the Navy

Shawn B. Cooley Counsel Weil, Gotshal & Manges LLP

David Feith Adjunct Senior Fellow Center for a New American Security (CNAS) Former Deputy Assistant Secretary of State, U.S. Department of State MaryJean Fell Vice President, Legal T-Mobile

Former Senior Counsel U.S. Department of the Treasury

Jerry Fowler Director, CFIUS and National Security Control Risks Robert A. Friedman Partner Holland & Knight LLP Geoffrey M. Goodale Partner Duane Morris LLP Zack Hadzismajlovic Partner, Head of Global Trade Group McCarter & English LLP Chase D. Kaniecki Partner Cleary Gottlieb Steen & Hamilton LLP Steven Klemencic Managing Director Berkeley Research Group (BRG) Michael Knipple CISO Summit BHC Renée Latour Partner Clifford Chance LLP Alexandra Lopez-Casero Partner Nixon Peabody LLP Neil H. MacBride Partner Davis Polk & Wardell LLP Former General Counsel U.S. Department of the Treasury Ryan Majerus Partner King and Spalding LLP Former Acting Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce Mario Mancuso, P.C. Partner Kirkland & Ellis LLP Bridget McGovern Partner Squire Patton Boggs LLP Former Assistant Secretary for Trade and Economic Security U.S. Department of Homeland Security (DHS)

Former Deputy Director, Foreign Investment Risk Management, U.S. Department of Homeland Security

Vincent Mekles Managing Director Alvarez & Marsal Nathan Mitchell Counsel Paul Weiss Rifkind Wharton & Garrison LLP Christopher B. Monahan Partner Faegre Drinker LLP John C. Rood CEO and Chairman Momentus Space Former Under Secretary of Defense for Policy, U.S. Department of Defense Jared Roscoe Partner, Deputy General Counsel SoftBank Group International Paul Rosen Partner Latham & Watkins LLP Former Assistant Secretary, Investment Security, U.S. Department of Treasury Pierce Scranton Deputy Head North America/Managing Director Temasek Ivan A. Schlager, P.C. Partner Kirkland & Ellis LLP Keith Schomig Partner Paul Hastings LLP Evan Sills Counsel Kabealo Law Former Attorney Advisor U.S. Department of Justice Christopher T. Timura Partner Gibson Dunn & Crutcher LLP Malcolm (Mick) J. Tuesley Partner Simpson Thacher & Bartlett LLP John J. Vecchione Senior Litigation Counsel New Civil Liberties Alliance Jeremy B. Zucker Partner Dechert LLP

* Due to the hands-on nature of the workshops, they will only be available for in-person attendance.

PRE-CONFERENCE WORKSHOPS

Wednesday, April 23, 2025 9:00 am–12:30 pm (Registration opens at 8:00 am)

Primer on CFIUS: A AYourComplete Guide to the Process, Timelines and Whether to File—or Not

Designed for professionals who are new to all things CFIUS or seeking a refresher, this introductory session will discuss when and when not to submit a CFIUS filing. Delegates will gain an understanding of the national security reasons for CFIUS filings, the scrutiny given to filings, as well as the timelines and possible roadblocks.

Speakers Include: Chase D. Kaniecki

Partner Cleary Gottlieb Steen & Hamilton LLP

Topics will include:

Zack Hadzismajlovic

Part One: CFIUS Process

Partner, Head of Global Trade Group McCarter & English LLP

• What are the guidelines for the CFIUS review process • What should companies do before an NSA • Clarifying the grey areas • Navigating non-notified transactions Part Two: Requirements for Filings, Compliance and Mitigation • What you need to do for representations and statements • Obligations with national security agreements

• What to do when you realize you submitted something with a wrong statement and how to submit corrections • Getting the right forms and the right check lists for making a notice and a declaration Part Three: Real-World Examples and FAQs • The types of questions CFIUS is likely to ask, why it is asking, and why the question might be asked more than once

1:30–5:00 pm (Registration opens at 12:30 pm)

Updated Guide to CFIUS Penalties and Enforcement: B Your What It Now Takes to Mitigate the Risk of Liability, Transaction Delays and Denials

During this in-depth interactive session, delegates will unpack what has (and hasn't) triggered enforcement and penalties-and the comprehensive set of lessons learned.

This session will also discuss the steps to consider prior to a CFIUS filing to minimize risks.

Speakers Include:

Part One: What Constitutes a Violation and Type of Misconduct: How CFIUS has Assessed: • Failing to file, timely filing, mandatory declaration • Non-compliance with the mitigation agreement • Misstatements, omissions and false certifications

Geoffrey M. Goodale Partner Duane Morris LLP

Evan Sills

Counsel Kabealo Law Former Attorney Advisor U.S. Department of Justice

Part Two: Penalties Under the Microscope • Next steps upon receiving a notice of a penalty, including a written explanation of the misconduct • Petitioning for reconsideration, including any defense, justification, mitigating factors, or explanation • Calculating the penalty amount Part Three: Aggravating and mitigating factors • Analyzing the threat to national security • Calculating how the conduct impaired or threatened to impair U.S. national security • Determining whether the conduct was the result of negligence, intentional action, or willfulness • Examining how often or persistent the conduct occurred, when was it realized, and what action was taken to correct it

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DAY ONE

Thursday, April 24, 2025 8:00

Registration and Breakfast

8:30

Opening Remarks from the Co-Chairs Brian Reissaus

Senior Advisor, National Security Freshfields US LLP Former Deputy Assistant Secretary for Investment Security Operations, U.S. Department of Treasury

8:45

Anne Salladin

Janine N. Slade

Partner Hogan Lovells US LLP Former Senior Counsel, U.S. Department of the Treasury

Special Counsel Covington & Burling LLP Former Deputy Director, Foreign Investment Risk Management, Department of Homeland Security

Interview with the House Committee on CCP Isaac “Ike” A. Harris

Senior PSM for Technology House Select Strategic Competition Between the United States and the Chinese Communist Party Committee

Moderator: Jeremy B. Zucker Partner Dechert LLP

POST-U.S. ELECTION THINK TANK 9:30

Practitioners’ Perspectives on CFIUS and the Future of Notified and Non-Notified Transactions

This session will analyze the current and anticipated impact of a new Administration, as well as the enduring aftermath of the CFIUS Annual Report to Congress. Topics will include trends and new, evolving expectations: • Breakdown of trends and their hidden lessons • How has the change been implemented • Examining the increase in non-notified transactions and how much time has passed between the deal and the notice • Are CFIUS reviews becoming a more “adversarial” process?

10:15

Shawn B. Cooley

Counsel Weil, Gotshal & Manges LLP

Malcolm (Mick) J. Tuesley

Partner Simpson Thacher & Bartlett LLP

Zachary N. Eddington Counsel Latham & Watkins LLP

Extended Networking Break

IN-HOUSE EXECUTIVE PANEL 10:30

Behind the Scenes of Implementing a Mitigation Agreement

• What is it like to run a large transaction and subsequent mitigation • How to break down silos • How companies account for the costs of mitigation and to what extent the parties and CFIUS accounted for this at the review stage • Deciding whether or not to address the operations side when negotiating a mitigation agreement • Meeting privacy obligations for personal information of U.S. citizens • Managing Cyber Security and Insider Threats at the operational level • Implementing policies and processes formation, and standard operating procedures for oversight, auditing and monitoring of both systems and teams

MaryJean Fell

Vice President, Legal T-Mobile

Scott Boylan Partner StoneTurn

Michael Knipple CISO Summit BHC

4 | LINKEDIN International Trade & Economic Sanctions: Legal, Regulatory, and Compliance Professionals

DAY ONE | Thursday, April 24, 2025

11:15

U.S. Steel Case Study: Is the Scope of National Security and Economic Security Expanding?

CFIUS continues to review the controversial deal between U.S. Steel and Japaneseowned Nippon Steel. This raises questions of CFIUS’ jurisdiction, and what is now considered a national security concern.

Ivan A. Schlager, P.C.

• Delineating what is and what is not covered under the scope of CFIUS and how the scope has evolved

Nancy A. Fischer

• How CFIUS should and should not be used, and the evolution of CFIUS usage: Is the committee being used for political purposes?

• Exploring the national security concern versus the economic security concern and the U.S. Industrial Base • Determining the effect on allied countries

Partner Kirkland & Ellis LLP

Partner Pillsbury Winthrop Shaw Pittman LLP

Renée Latour

Partner Clifford Chance LLP

B.J. Altvater

12:15

Associate Cleary Gottlieb Steen & Hamilton LLP Former Oversight Officer and Policy Analyst U.S. Department of Homeland Security

Networking Luncheon Sponsored by

1:15

Unpacking the America First Investment Policy and Emerging Trends in CFIUS

The Trump administration issued a National Security Presidential Memorandum (NSPM) titled the “America First Investment Policy” in March 2025, with an aim to promote foreign investment while protecting domestic security interests.

This session will look at how investment policy guidance is advancing under the new administration.

This session is under the Chatham House Rule. ACI’s strives to create a trusted environment to understand and resolve complex problems. In the spirit of the rule, we ask that if you share the information you receive you do not reveal the identity of who said it.

Neil H. MacBride

Partner Davis Polk & Wardell LLP Former General Counsel U.S. Department of the Treasury

Eric Chewning

• Examining restrictions on U.S.-China and disincentivizing U.S. investment in China

Executive Vice President of Corporate Strategy and Development HII Corporate Former Deputy Assistant Secretary for Industrial Policy, United States Department of Defense

• Tighter CFIUS reviews of inbound investment and a look at outbound investment strategy

Paul Rosen

• Examining the roots of the NSPM and anticipating incoming initiatives • Exploring the administration’s focus and the new direction for CFIUS practitioners

• Implementing an expedited “fast-track” investment process • Expediting environmental reviews

Partner Latham & Watkins LLP

David Feith

• Moving away from open-ended mitigation agreements

Adjunct Senior Fellow Center for a New American Security (CNAS) Former Deputy Assistant Secretary of State U.S. Department of State

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DAY ONE | Thursday, April 24, 2025 STRATEGY SESSION #1 2:15

High Stakes, Sensitive Decisions on the Fate of Non-Notified Transactions: How Practitioners Are Now Advising on Whether or Not to File, and the New Mitigation Complexities

This session will delve into why and how transactions are becoming more complex, and how to best determine whether a CFIUS filing is necessary and weigh the risks of not filing.

• Deciphering the risk factors involved with not filing • Determining whether a full filing is mandatory • Assessing whether to file a declaration or a notice • Calculating whether a voluntary filing will be more cost effective in the long run • Anticipating which transactions do not warrant heightened scrutiny, including sectors and jurisdictions

John C. Rood

CEO and Chairman Momentus Space Former Under Secretary of Defense for Policy, U.S. Department of Defense

Robert A. Friedman

Vincent Mekles

Managing Director Alvarez & Marsal

James M. Brower

Partner Morrison Foerster LLP

Partner Holland & Knight LLP

• Is it possible to proactively structure a deal so as not to trigger a filing—and, if so, how?

• What matters to foreign investors in the current economic and geopolitical climate

3:00

Keynote Address Michael Faulkender

Deputy Secretary U.S. Department of the Treasury

3:30

Networking Break

3:45

Supply Chain Resilience and Critical Infrastructure

Part 1 of this two-part series will focus on CFIUS expectations for safeguarding infrastructure, including critical infrastructure, manufacturing, and processing capacity and the availability of critical goods, materials, and services.

• Assessing the vulnerability of U.S. ports, and infrastructure touching the gird, such as nuclear power, oil and gas works, solar power, wind farms, batteries and other renewable technology • Keeping up-to-date on how our critical material supply chain is impacted by national security considerations • Assessing the key infrastructure projects to protect • How is CFIUS thinking about critical minerals

Nicholas Jackson Chief, Foreign Investment Unit Federal Bureau of Investigation (FBI)

Widad E. Whitman

Acting Deputy Director for Batteries and Critical Materials, Office of Manufacturing and Energy Supply Chains U.S. Department of Energy

Steven Klemencic

Managing Director Berkeley Research Group (BRG)

John P. Carlin

Partner Paul Weiss Rifkind Wharton & Garrison LLP

6 | LINKEDIN International Trade & Economic Sanctions: Legal, Regulatory, and Compliance Professionals

DAY ONE | Thursday, April 24, 2025 4:30

Post-Election Review of Outbound Investment Policy

The U.S. Department of the Treasury issued final regulations (the Final Rule) this past fall, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the Outbound Order). The Final Rule provides the operative regulations and explanatory discussion regarding their intent and application.

The regulations are in effect as of January 2, 2025.

Sarah Bauerle Danzman

This session is under the Chatham House Rule. ACI’s strives to create a trusted environment to understand and resolve complex problems. In the spirit of the rule, we ask that if you share the information you receive you do not reveal the identity of who said it.

Chrisopher B. Monahan

• Examining how the Outbound Investment Program is working in real life

Resident Senior Fellow, Economic Statecraft Initiative Geoeconomic Center Atlantic Council Partner Faegre Drinker LLP

Charles Morrison

• Identifying the scope of the OIP and how it is different from the Executive Order • How will U.S. persons outside of the US be treated, including those who are working for non-U.S. companies • What policies and procedures can companies put in place

Policy Director House Select Strategic Competition Between the United States and the Chinese Communist Party Committee

• How transactions are being reviewed • Investing in prohibited areas, AI and quantum • Raising or borrowing capital when you want to make overseas investments • What are the guidance, qualifications and criteria for approvals?

5:15

Closing Remarks from the Conference Co-Chair and End of Day One Networking Cocktail Reception Sponsored by

Media Partners:

NAGC N AT I O N A L A S S O C I AT I O N O F GOVERNMENT CONTRACTORS

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DAY TWO

Friday, April 25, 2025 7:30

Registration and Morning Coffee

8:40

Opening Remarks from the Co-Chairs Brian Reissaus

Senior Advisor, National Security Freshfields US LLP Former Deputy Assistant Secretary for Investment Security Operations, U.S. Department of Treasury

8:45

Anne Salladin

Partner Hogan Lovells US LLP Former Senior Counsel, U.S. Department of the Treasury

Special Counsel Covington & Burling LLP Former Deputy Director, Foreign Investment Risk Management, Department of Homeland Security

Interview with DHS Giovanna Cinelli

Moderator: Janine N. Slade

Deputy General Counsel, Office of the General Counsel Department of Homeland Security

9:15

Janine N. Slade

Special Counsel Covington & Burling LLP Former Deputy Director, Foreign Investment Risk Management, Department of Homeland Security

Safeguarding Data Centers, Personal Sensitive Data and the Tech Supply Chain

This session will provide a review of the "Preventing Access to Americans' Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern" order.

As well, this session will look at the order "Securing the Information and Communications Technology and Services Supply Chain".

• Defining "Personal Sensitive Data" under the EO and how the definition may evolve in practice • Restricting data transactions, including vendor agreements (including agreements for technology services and cloudservice agreements; employment agreements; and investment agreements)

Nathan D. Fisher

Ryan Majerus

Randall Cook

Bridget McGovern

Managing Director StoneTurn Former Unit Chief, Directorate of Intelligence Federal Bureau of Investigation (FBI) Managing Director Alvarez & Marsal

• Restricting access by "countries of concern" to Americans' bulk sensitive personal data • Balancing the security of U.S.-based data centers with the expense of staying local

Partner King and Spalding LLP Former Acting Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce Partner Squire Patton Boggs LLP Former Assistant Secretary for Trade and Economic Security, U.S. Department of Homeland Security (DHS)

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8 | LINKEDIN International Trade & Economic Sanctions: Legal, Regulatory, and Compliance Professionals

DAY TWO | Friday, April 25, 2025 10:00

Networking Break

GLOBAL FDI REGIMES 10:15

How International Regimes Are Now Defining “National Security” and “Economic Interest”

This session will explore what constitutes “national security” from global perspectives, and how enforcement is being approached in key jurisdictions.

This session is under the Chatham House Rule. ACI’s strives to create a trusted environment to understand and resolve complex problems. In the spirit of the rule, we ask that if you share the information you receive you do not reveal the identity of who said it.

• Examining the definition of “national security” • Challenges with doing the analysis and coming up with a result CANADA: Investment Canada Act (2024) • Foreign investments in the critical minerals sector as a national security concern • Determining whether an investment is of "net benefit", such as the effect on economics EUROPEAN COMMISSION: Open Strategic Autonomy • Trade outside the EU as an exclusive responsibility of the EU and not it’s member countries

Jamieson McKay

Director General, Foreign Investment Review and Economic Security Branch (FIRES) Innovation Science and Economic Development Canada, Government of Canada

Jennifer Danner Riccardi

Senior Advisor Delegation of the European Union (Washington DC)

Anne Salladin

Partner Hogan Lovells US LLP Former Senior Counsel, U.S. Department of the Treasury

• Open Strategic Autonomy it builds on the EU’s openness to contribute to the economic recovery

PART TWO: SUPPLY CHAIN RESILIENCE 11:15

AI, ML, Quantum Computing and Connected Vehicles: How Emerging Tech Fits into the CFIUS Landscape

Part 2 of this series will focus on safeguarding against digital risks, including cybersecurity.

Mario Mancuso, P.C.

• Examining the national security concerns with emerging tech

Partner Kirkland & Ellis LLP

• What is in the draft regulations and how is the national security risk changing?

How will this sector be regulated?

Eric Matrejek

• How is CFIUS thinking about this sector, including the definition of “foundational technology”

Managing Director Berkeley Research Group (BRG)

• How do you classify tech as dual-use? The interplay of ITCS and CFIUS • When you do and don’t need to file

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DAY TWO | Friday, April 25, 2025 STRATEGY SESSION #2 12:00

High Stakes, Time Sensitive Decisions: The Biggest “What Ifs” Affecting the Fate of Short, Medium and Long-Term Transactions

• Developing your mitigation negotiation strategy early in the transaction process • Calculating when to involve third-party monitors and choosing the right service provider • Determining what is considered “limited risk” • Structuring a deal when there is urgency and what to do if the transaction closes before the CFIUS review • Working within the CFIUS system while continuing to do business • Mitigating lower-probability risk agreements • Mitigating hypothetical future scenarios at the beginning of the agreement – anticipating CFIUS’ long-term risk considerations • Drafting an agreement for your client with the highest-risk possibilities in mind

12:45

Jared Roscoe

Partner, Deputy General Counsel SoftBank Group International

Nathan Mitchell

Counsel Paul Weiss Rifkind Wharton & Garrison LLP

Ryan Brady

Partner White & Case LLP

Networking Luncheon Sponsored by

1:45

SPOTLIGHT on Private Equity and Venture Capital Investment Fund Structures That Could Trigger (and Survive) a CFIUS Review

This session will look at investment fund structures, including what does and doesn’t fall under the Code of Federal Regulations (CFR) Section 800-307 • The role and responsibility of the PE Manager, and when to notify of foreign investments • Structuring your investment fund • Determining what is, and is not considered a covered investment • When a fund structure or investment is at risk of becoming the subject of heightened scrutiny • Calculating your risk and potential exposure-and the bigger picture impact on the transaction

2:30

Deputy Head North America/ Managing Director Temasek

Charles L. Capito

Partner Morrison Foerster LLP

Paul D. Marquardt

Moderator: Brian Reissaus

Senior Advisor, National Security Freshfields US LLP Former Deputy Assistant Secretary for Investment Security Operations, U.S. Department of Treasury

Partner, Financial Institutions Davis Polk & Wardell LLP

Real Estate Transactions, the Increased National Security Concern and Scope of CFIUS Coverage

This session will dissect key developments, including the U.S. Department of the Treasury’s Notice of Proposed Rule Making to Expand CFIUS Coverage of Real Estate Transactions Near Military Installations, issued July 2024.

This proposed rule would add over 50 military installations, across 30 states, to CFIUS' existing jurisdiction.

We will also look at the presidential order prohibiting the purchase of certain real estate operating as a cryptocurrency mining facility located within one mile of Francis E. Warren Air Force Base (F.E. Warren AFB), as well as the removal of equipment owned by MineOne Partners Limited.

3:15

Pierce Scranton

Alexa Van Anne

Deputy Branch Chief, Economic Security and Strategic Engagement, Directorate of Global Investment and Economic Security U.S. Department of Defense

Dan Burke

Director, Foreign Investment Risk Review U.S. Department of the Air Force

Timothy Varley

Deputy Director, DON Foreign Investment Review, Research, Development, and Acquisition (RD&A) U.S. Department of the Navy

Keith Schomig

Partner Paul Hastings LLP

Networking Break

10 | LINKEDIN International Trade & Economic Sanctions: Legal, Regulatory, and Compliance Professionals

DAY TWO | Friday, April 25, 2025

CASE STUDIES 3:30

TikTok Action, Chevron Decision and More Cases: Is Enforcement Action the Start of More CFIUS Litigation?

Ralls Corp. v. Comm. on Foreign Inv. in the United States (2014) A review of the only litigation case in the CFIUS sector.

John J. Vecchione

TikTok This session will give an update on the litigation involving TikTok, and parent company ByteDance, as well as a look at the Protecting Americans from Foreign Adversary Controlled Applications Act (2024) passed by Congress.

Senior Litigation Counsel New Civil Liberties Alliance

Chevron Decision and the Aftermath • Examining due process rights • Debating whether there is a cause for litigation and if CFIUS is acting beyond its scope • Determining what (if any) recourse a purchasing company has against the seller, when facing a CFIUS penalty • Predicting the consequences of taking legal action and the best/worst case outcome

CFIUS AND EXPORT CONTROLS 4:15

Export Control Classification: The Evolving Scope of Critical Technology and How it Affects Mandatory Filings

This session will delve into the Export Control Reform Act of 2018 (ECRA) and the EAR99 for low-technology consumer goods, and its interplay with FIRRMA and how presidential authority to regulate and enforce export controls is now being implemented.

Alexandra Lopez-Casero Partner Nixon Peabody LLP

• Classifying technology under EAR99, when you need a licence and where the tech can be exported to

Christopher T. Timura

Partner Gibson, Dunn & Crutcher LLP

• Determining when BUS will make a unilateral technology classifications, and which agencies will get involved

Moderator: Jerry Fowler

• Practical impact of expanding the mandatory declaration process • Unpacking the evolving interplay of export controls and foreign investment reviews

Director, CFIUS and National Security Control Risks

• Evaluating whether or not your company has critical technology • Discussing how presidential authority is being coordinated with the Secretaries of Commerce • Defense, Energy and State to identify “emerging and foundational technologies” that are essential to national security, but are not deemed “critical technologies” subject to CFIUS review • Emerging implications for exporters operating in sectors that are identified as involving foundational or emerging technologies

5:00

Closing Remarks from the Conference Co-Chairs and Conference Concludes

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StoneTurn, a global professional services firm, partners with law firms, corporations, and government agencies to solve complex business challenges. Trusted by clients and regulators worldwide, StoneTurn delivers expertise in forensics, investigations, risk and compliance, data, technology, dispute advisory, and business consulting. Founded in 2004, StoneTurn operates across five continents, earning recognition for its commitment to collaboration, integrity, and independence.

Associate Sponsors Clifford Chance is a global law firm with significant depth and range of resources across five continents. As a single, fully integrated global partnership, we pride ourselves on our approachable, collegial, and team-based way of working. We provide our clients with high quality advice and legal insight, which combines the firm's global standards with in-depth local knowledge.

Control Risks is a global specialist risk consulting firm that helps clients create organizations that are secure, compliant and resilient in an age of ever-changing risk and connectivity. Our experts across 40 offices provide the insight and intelligence companies need to resolve critical issues and crises, realize opportunities and grow.

Learn more at controlrisks.com

Founded in 1883, Morrison Foerster offers clients a comprehensive platform of global legal services, including extensive capabilities in the areas of sanctions, anti-money laundering and anti-financial crime, privacy, cybersecurity, transactions, cross-border investigations, regulatory and compliance, and litigation, among many others. Morrison Foerster is unique among sanctions practices as the only law firm in the world with four former OFAC officials, including a former OFAC Director, an Assistant Chief Counsel for OFAC, a Section Chief from OFAC’s Enforcement Division, and an Assistant Director of Regulatory Affairs for OFAC.

White & Case is a global law firm with longstanding offices in the markets that matter today. Our on-the-ground experience, our cross-border integration and our depth of local, US and English-qualified lawyers help our clients work with confidence in any one market or across many.

12 | LINKEDIN International Trade & Economic Sanctions: Legal, Regulatory, and Compliance Professionals

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