2022 Agenda
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Day 1 - Thursday, December 8, 2022
Workshop A — A Complete Primer on FARA: Essential Takeaways on Requirements, Advisory Opinions, and Core Building Blocks
Dec 8, 2022 8:00am – 10:00am
Speakers

Charles Borden
Partner
Holland & Knight LLP

Jeffrey Hunter
Partner
Kelley Drye & Warren LLP
10:00 |
Main Conference Registration & Networking Breakfast |
10:15 |
Opening Remarks from the Co-Chairs |
10:30 |
Opening Keynote Address |
11:15 |
The Present and Future of DOJ’s Enforcement Posture: The Lesser-Known Takeaways on New, Emerging FARA Prosecution Trends |
12:00 |
The Uncertain Boundaries of the Commercial Exemption, Including Special Considerations Involving China and the Middle East |
12:45 |
Networking Luncheon |
2:00 |
DOJ Rulemaking: The Status and Aftermath of Comments and Responses to the Proposed Rules |
2:45 |
FARA Administrative Disclosure and Enforcement: The Latest Best Practices and Lessons Learned Using the FARA E-File System and Other Day-to-Day Challenges |
3:15 |
Afternoon Networking Break |
3:30 |
Contrasting on the Use of 18 U.S.C. § 951 vs. FARA: What Recent Cases Reveal about the Present and DOJ Future of Enforcement Decision Making |
4:15 |
The Fine Line Between Scholarship and Advocacy: New, Special Considerations for NGOs and Think Tanks |
5:00 |
Networking Cocktail Reception |
Day 2 - Friday, December 9, 2022
Day 1 - Thursday, December 8, 2022
10:00 |
Main Conference Registration & Networking Breakfast |
10:15 |
Opening Remarks from the Co-Chairs![]() David Laufman ![]() Matthew Sanderson |
10:30 |
Opening Keynote Address![]() Jay Bratt |
11:15 |
The Present and Future of DOJ’s Enforcement Posture: The Lesser-Known Takeaways on New, Emerging FARA Prosecution Trends![]() Melissa L. Laurenza ![]() Brandon Van Grack
|
12:00 |
The Uncertain Boundaries of the Commercial Exemption, Including Special Considerations Involving China and the Middle East![]() Kate Belinski ![]() Brian Smith
|
12:45 |
Networking Luncheon |
2:00 |
DOJ Rulemaking: The Status and Aftermath of Comments and Responses to the Proposed Rules![]() Josh Rosenstein ![]() Ki Hong ![]() Peter Carey Join us for a critically important discussion on where we are and where we are headed. Topics will include:
|
2:45 |
FARA Administrative Disclosure and Enforcement: The Latest Best Practices and Lessons Learned Using the FARA E-File System and Other Day-to-Day Challenges![]() Heather Hunt
|
3:15 |
Afternoon Networking Break |
3:30 |
Contrasting on the Use of 18 U.S.C. § 951 vs. FARA: What Recent Cases Reveal about the Present and DOJ Future of Enforcement Decision Making![]() Amy Jeffress ![]() Barak Cohen
|
4:15 |
The Fine Line Between Scholarship and Advocacy: New, Special Considerations for NGOs and Think Tanks![]() Jason Abel ![]() Meredith McCoy
|
5:00 |
Networking Cocktail Reception |
Day 2 - Friday, December 9, 2022
8:30 |
Networking Breakfast |
9:10 |
Opening Remarks from the Co-Chairs![]() David Laufman ![]() Matthew Sanderson |
9:15 |
Navigating The Grey Areas of the LDA Exemption: New Implications of Advisory Opinions for Lobbying and PR Firms![]() Ki Hong ![]() Rob Kelner ![]() Brian Svoboda
|
10:00 |
Fireside Chat and Q&A with the FARA Unit Chief![]() Jennifer Gellie |
10:45 |
Morning Networking Break |
11:00 |
The Lawyer Exemption Amid the New Economic Sanctions Landscape: Surprising New Legal, Compliance and Reputational Challenges Confronting Practitioners![]() Tessa Capeloto ![]() Adge Hudson
|
11:30 |
Interview with the Chief of FBI’s Foreign Influence Task Force![]() Laura Dehmlow |
12:00 |
CASE STUDYAttorney General of The U.S. vs. Stephen A. Wynn: A Closer Look at the DOJ’s Use of Civil Injunctive Statutory Authority![]() Nick Lewin ![]() Murad Hussain
|
12:30 |
The Narrowing Definition of “Political Activity”: Clarifying the Impact of Key Advisory Opinions on Political Consulting![]() Juliana Laurello ![]() Dan Pickard
|
1:00 |
Forum Concludes |
Workshop A — A Complete Primer on FARA: Essential Takeaways on Requirements, Advisory Opinions, and Core Building Blocks

Charles Borden
Partner
Holland & Knight LLP

Jeffrey Hunter
Partner
Kelley Drye & Warren LLP
What is it about?
Laying the groundwork for the main conference, join this workshop that will bring you up-to-speed and set the stage for the specific, complex discussions that will follow.
The workshop leaders will provide an essential overview of FARA requirements and the current landscape of DOJ Advisory Opinions. Ensure that you are fully updated on the core building blocks of FARA enforcement and compliance-and benefit from additional CLE credit and speaker-prepared reference materials.
Topics will include:
- Defining "foreign agent" and "foreign principal" under FARA
- What can trigger the need to register for:
- Agents and their employers
- Lawyers and law firms
- Lobbying and public relations firms
- Consulting firms
- Non-profit groups
- Universities and think tanks
- Media
- Trade associations
- U.S. subsidiaries of foreign companies
- Common misconceptions about FARA registration: When it is (and isn’t) required
- No de minimis threshold
- What is meant by "at the order, request, or under the direction or control" of, a foreign principal"
- Defining "political activities" and acting as a "public-relations counsel," "publicity agent," "information-service employee,"
or "political consultant” - Representing the interests of a foreign principal before an agency or official of the United States Government
- Assessing the nature and scope of activities by an "agent"
- Overview of FARA Exemptions and DOJ Interpretations of:
- The Commercial Exemption
- LDA Exemption
- Lawyers’ Exemption
- Academic Exemption
- The anatomy of a DOJ audit of a registered foreign agent
- What is required by the DOJ for disclosure reports and copies of "informational materials"
- Lessons learned from key DOJ Advisory Opinions and enforcement actions
- Recent enforcement trends and evolving risk factors confronting individuals and entities