2022 Agenda

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

8:30
Networking Breakfast
9:10
Opening Remarks from the Co-Chairs
9:15
Navigating The Grey Areas of the LDA Exemption: New Implications of Advisory Opinions for Lobbying and PR Firms
10:00
Fireside Chat and Q&A with the FARA Unit Chief
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
11:30
Interview with the Chief of FBI’s Foreign Influence Task Force
12:00

CASE STUDY

Attorney General of The U.S. vs. Stephen A. Wynn: A Closer Look at the DOJ’s Use of Civil Injunctive Statutory Authority
12:30
The Narrowing Definition of “Political Activity”: Clarifying the Impact of Key Advisory Opinions on Political Consulting
1:00
Forum Concludes

Day 1 - Thursday, December 8, 2022

10:00
Main Conference Registration & Networking Breakfast
10:15
Opening Remarks from the Co-Chairs

David Laufman
Partner
Wiggin and Dana LLP

Matthew Sanderson
Member
Caplin & Drysdale
10:30
Opening Keynote Address

Jay Bratt
Chief, Counterintelligence & Export Control Section
U.S. Department of Justice
11:15
The Present and Future of DOJ’s Enforcement Posture: The Lesser-Known Takeaways on New, Emerging FARA Prosecution Trends

Melissa L. Laurenza
Partner
Akin Gump Strauss Hauer & Feld LLP

Brandon Van Grack
Partner
Morrison & Foerster LLP / Former Chief, FARA Unit, U.S. Department of Justice

  • New takeaways from recent high-profile FARA cases
  • Mapping the nuances and trends of recent FARA prosecutions — and what they reveal about the anticipated path forward
  • Identifying sectors receiving increased scrutiny under FARA
  • The role of the FBI in FARA investigations
  • Implications of the FARA Unit sending out more letters of inquiry to prominent institutions
12:00
The Uncertain Boundaries of the Commercial Exemption, Including Special Considerations Involving China and the Middle East

Kate Belinski
Partner
Ballard Spahr LLP

Brian Smith
Partner
Covington & Burling LLP

  • Latest advisory opinions and their practical implications
  • How much due diligence is enough?
  • Navigating exemptions for foreign commercial entities owned by a foreign government
  • The finer pints of determining when an activity “directly promotes” the public or political interests of a foreign government or political party?
  • Recent investment activities that have come under FARA scrutiny
12:45
Networking Luncheon
2:00
DOJ Rulemaking: The Status and Aftermath of Comments and Responses to the Proposed Rules

Josh Rosenstein
Partner
Sandler, Reiff, Lamb, Rosenstein & Birkenstock P.C.

Ki Hong
Partner
Skadden, Arps, Slate, Meagher & Flom LLP

Peter Carey
Associate
Morrison & Foerster

Join us for a critically important discussion on where we are and where we are headed.

Topics will include:

  • Examination of the shifting landscape from the Proposed Rules
  • What impact will these Proposed Rules have?
  • What are the ways that the Proposed Rules may be further refined and interpreted?
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
Senior Counsel for FARA Administration
U.S. Department of Justice

  • Common pitfalls associated with using the filing process
  • How much information is required to be submitted
  • Discussion on how to streamline the filing system
  • Lessons learned for using the E-File system and avoiding missteps, and delays
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
Partner
Arnold & Porter Kaye Scholer LLP

Barak Cohen
Partner
Perkins Coie LLP

  • The lesser-known differences between 18 U.S.C. § 951 vs. FARA
  • Understanding why DOJ would use one over the other
  • How has enforcement differed regarding these two statutes?
  • Advising clients subject (or possibly subject) to enforcement under 18 U.S.C. § 951 or FARA
  • How might enforcement be expanded, using the 951 prosecutions as a guide
4:15
The Fine Line Between Scholarship and Advocacy: New, Special Considerations for NGOs and Think Tanks

Jason Abel
Partner
Steptoe & Johnson LLP

Meredith McCoy
Partner
Venable LLP

  • Navigating new questions around FARAregistration requirements
  • Attempting to define the broad language of the law around “political activities”
  • Activities that might trigger an inquiry letter and document request
  • Pitfalls to avoid when getting foreign grants or funding for projects
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
Partner
Wiggin and Dana LLP

Matthew Sanderson
Member
Caplin & Drysdale
9:15
Navigating The Grey Areas of the LDA Exemption: New Implications of Advisory Opinions for Lobbying and PR Firms

Ki Hong
Partner
Skadden, Arps, Slate, Meagher & Flom LLP

Rob Kelner
Partner
Covington & Burling LLP

Brian Svoboda
Partner
Perkins Coie LLP

  • The nuances of the latest DOJ advisory opinions
  • What can now trigger FARA registration, letter of inquiry and further DOJ action
  • How to know when to sound the alarm
  • How to separate reputation building from lobbying
  • How US Subsidiaries may be impacted by recent Advisory Opinions
10:00
Fireside Chat and Q&A with the FARA Unit Chief

Jennifer Gellie
Chief, FARA Unit
U.S. Department of Justice
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
Partner
Wiley Rein LLP

Adge Hudson
Of Counsel
FHH

  • Common misconceptions about the lengths and limits of the Lawyer Exemption
  • New, unexpected interplay between accepting FARA engagements amid a rapidly evolving sanctions landscape
  • What to do when your client is subject to sanctions or is paying legal fees through a bank subject to sanctions
  • Scope of lawyers’ sanctions monitoring obligations
  • Balancing FARA disclosure requirements with attorney-client privilege
11:30
Interview with the Chief of FBI’s Foreign Influence Task Force

Laura Dehmlow
Chief, Foreign Influence Task Force
Federal Bureau of Investigation
12:00

CASE STUDY

Attorney General of The U.S. vs. Stephen A. Wynn: A Closer Look at the DOJ’s Use of Civil Injunctive Statutory Authority

Nick Lewin
Partner
Krieger Kim & Lewin LLP

Murad Hussain
Partner
Arnold & Porter Kaye Scholer LLP

  • Where is the line that compels someone to register?
  • At what point does someone become an agent of a foreign entity?
  • What are the factors that establish agency?
  • Perspectives on the anticipated impact of this case on future enforcement matters
12:30
The Narrowing Definition of “Political Activity”: Clarifying the Impact of Key Advisory Opinions on Political Consulting

Juliana Laurello
Of Counsel
Greenberg Traurig, LLP

Dan Pickard
Shareholder
Buchanan Ingersoll & Rooney PC

  • Upgrading your KYC protocols
  • Establishing systems to track compliance with disclosure obligations and books and records requirements
  • Balancing attorney-client privilege and filing requirements
  • Best practices for completing and filing reports in a detailed and timely manner
1:00
Forum Concludes

Workshop A — A Complete Primer on FARA: Essential Takeaways on Requirements, Advisory Opinions, and Core Building Blocks

Dec 8, 2022 8:00am – 10:00am

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