FOCI

Co-Chair’s Opening Remarks

Chris Griner
Partner
Stroock & Stroock & Lavan LLP

DCSA Keynote Address

The Shifting Landscape of Expectations for Outside Directors and Proxy Holders

Drew Winneberger
Proxy Holder – Trustwave
Outside Director – Amec Foster Wheeler

John Kabealo
Founder
Kabealo PLLC

Matthew Kitzman
Operations Officer,
Business Analysis and Mitigation Strategy
Defense Counterintelligence and Security Agency (DCSA)

• Examining the evolving requirements related to the roles and qualifications of Outside Directors/Proxy Holders in the National Industrial Security Program
• Making sense of the proposed forms related to the nomination and evaluation of OD/PHs
• What is newly required of OD/PH’s in terms of post-appointment DCSA training programs related to their duties as directors or proxy holders?
• Best practices for complying with the new requirements and overcoming potential disclosure concerns

Break

National Interest Determinations (NIDs)

Rick Ramsey
Director of Security
Serco

Mick Tuesley
Partner
Simpson Thacher & Bartlett LLP

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• Analyzing the Cybersecurity Maturity Model certification for contractors
• Understanding the steps necessary to achieve each level of the new certification program
• How DCSA intends to integrate the Cybersecurity Maturity Model with the other IT security requirements for unclassified systems (including Electronic Communications Plans and NIST SP 800-171)?

Risk-Based FOCI Mitigation: What Has and Hasn’t Worked?

Stanley J. Borgia
Vice President Corporate & Defense Program Security
Rolls-Royce North America Inc.

Gerard F. Amann
General Counsel, North America
Accenture

Dustin D. Dwyer
Chief
Mitigation Strategy Unit
Defense Counterintelligence and Security Agency (DCSA)

• The current usage and outlook for the future use of Tailored Security Plans (“TSP”)
• Best practices and potential pitfalls for drafting and implementing TSPs
• Strategies for identifying FOCI and other risks that must be addressed in a TSP
• The future of TSPs: Will ancillary FOCI mitigation plans (e.g., ECP, AOP) continue to be required or will they be rolled into the TSP framework

Break

The Interplay of FOCI and the New Proposed CFIUS Regulations

Shannon Reaves
Special Counsel
Stroock & Stroock & Lavan LLP

Matthew Kitzman
Operations Officer,
Business Analysis and Mitigation Strategy
Defense Counterintelligence and Security Agency (DCSA)

Beau Richardson
Associate Director, Government Team
Bureau van Dijk, A Moody’s Analytics Company

• Assessing how the new FIRRMA regulations and FOCI mitigation will coexist going forward – how can the two regimes work together?
• Developing a strategy for managing the FOCI and CFIUS review processes concurrently
• Analyzing the effects that FIRRMA has on companies at varying points in the FOCI mitigation and CFIUS approval processes
• Best practices for coordinating with the U.S. government, transaction parties, and outside counsel

Affiliated Operations Plans (“AOP”): Employing Best Practices and Avoiding Common Pitfalls

Dustin D. Dwyer
Chief
Mitigation Strategy Unit
Defense Counterintelligence and Security Agency (DCSA)

Jennifer Brown
Director of Security & FSO/TCO
iDirect Government LLC

• Identifying potential affiliated operations that make sense, or whether you are already engaging in affiliated operations
• Best practices and pitfalls to avoid when drafting and submitting an AOP
• Key strategies for mitigating and managing affiliated operations
• Developing internal steps to ensure you are properly mitigating potential risks

Conference Ends