Day 1 - Friday, December 4, 2020

8:00
Virtual Networking – 1:1 Networking and Virtual Lobby
8:45
Opening Remarks from the Co-Chairs
9:00
DOJ Keynote Address
9:30

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”
10:15

The New FARA Crosshairs – and Limits on Exemptions: Key Takeaways on Individuals, Entities and “Non-Traditional Groups” Under the Microscope

Lobbyists and the LDA Exemption
11:00
Morning Networking Break – 1:1 Networking and Virtual Lobby
11:30
PR, Media, Tech and SEO Firms
12:00
Corporations, Non-Profits, and Their Executives under FARA
12:30
Networking Virtual Luncheon – 1:1 Networking and Virtual Lobby
12:40
Lunch
1:30
TOWN HALL: Meet the FARA Unit Chief
2:00
What Does It Take to Get a Conviction? The DOJ and Outside Counsel Provide Insights on Recent, High-Profile FARA Criminal Cases
2:45
PRACTITIONER “WAR STORIES”: Practical Unwritten Rules, Tough Decision-Making and Emerging Case Management Challenges
3:30
Afternoon Networking Break – 1:1 Networking and Virtual Lobby
4:00
So You Have to Register: Now What?
4:45
LOOKING AHEAD: Legislative Reform Post-Election
5:30
Forum Concludes

Day 1 - Friday, December 4, 2020

8:00
Virtual Networking – 1:1 Networking and Virtual Lobby
8:45
Opening Remarks from the 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

9:00
DOJ Keynote Address

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.

9:30

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”

Daniel B. Pickard
Partner
Wiley Rein LLP

Thomas J. Spulak
Partner
King & Spalding LLP

  • Assessing the scope and nuances of the FARA exemption for legal representation
  • Reconciling what crosses the line and what doesn’t
  • Law firm compliance programs in a post-Skadden world

10:15

The New FARA Crosshairs – and Limits on Exemptions: Key Takeaways on Individuals, Entities and “Non-Traditional Groups” Under the Microscope

Lobbyists and the LDA Exemption

Jason A. Abel
Partner
Steptoe & Johnson LLP

Christopher DeLacy
Partner
Holland & Knight LLP

  • Evaluating risks and vulnerabilities for lawyers and lobbyists
  • What DOJ advisory opinions and determination letters indicate about government priorities
  • The “principal beneficiary” standard: What does it mean?
  • Potential defenses to FARA enforcement actions

11:00
Morning Networking Break – 1:1 Networking and Virtual Lobby
11:30
PR, Media, Tech and SEO Firms

Nicholas J. Lewin
Partner
Krieger Kim & Lewin LLP

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?

12:00
Corporations, Non-Profits, and Their Executives under FARA

Kate A. Belinski
Partner
Ballard Spahr LLP

Kate Sawyer Keane
Partner
Perkins Coie LLP

Matthew T. Sanderson
Member, Co-Leader of the Political Law Group
Caplin & Drysdale, Chartered

  • Determining whether an exemption applies to business or non-profit activities
  • Assessing the application of FARA to business executives receiving requests from foreign governments for policy-related assistance
  • Comparing and contrasting activities that are considered exempt and non-exempt
  • Identifying the differences between 613(d)(1) and (d)(2) and what these exemptions offer “agents”

12:30
Networking Virtual Luncheon – 1:1 Networking and Virtual Lobby
12:40
Lunch
1:30
TOWN HALL: Meet the FARA Unit Chief

Brandon L. Van Grack
Chief, Foreign Agents Registration Act (FARA) Unit
U.S. Department of Justice

Moderator:

David H. Laufman
Partner
Wiggin and Dana LLP
(Former Chief, Counterintelligence and Export Control Section, National Security Division, U.S. Department of Justice)

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.

2:00
What Does It Take to Get a Conviction? The DOJ and Outside Counsel Provide Insights on Recent, High-Profile FARA Criminal Cases

Jay Bratt
Chief of the Counterintelligence & Export Control Section (CES)
National Security Division

U.S. Department of Justice

Amy Jeffress
Partner
Arnold & Porter

This panel will focus on the most prominent enforcement actions in recent memory, and the intersection of FARA with other U.S. laws.

Topics will include:

  • Reviewing recent cases and critical developments informing FARA enforcement
  • How DOJ assesses its “willfulness” burden of proof in criminal cases
  • Circumstantial evidence in FARA criminal prosecutions: What is enough?

2:45
PRACTITIONER “WAR STORIES”: Practical Unwritten Rules, Tough Decision-Making and Emerging Case Management Challenges

Robert K. Kelner
Partner
Covington & Burling LLP

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 – 1:1 Networking and Virtual Lobby
4:00
So You Have to Register: Now What?

Brian J. Fleming
Member
Miller & Chevalier Chartered

Joshua Ian Rosenstein
Member
Sandler Reiff Lamb Rosenstein & Birkenstock, P.C.

This session will cover the strategic points to keep in mind when DOJ sends a letter of inquiry and requests documents. Topics will include:

  • Determining and controlling who must file a “shot form” for individuals
  • Completing reports and filing informational materials
  • Establishing a post-registration compliance training and messaging to appropriate personnel

4:45
LOOKING AHEAD: Legislative Reform Post-Election

John C. Demers
Assistant Attorney General for National Security
U.S. Department of Justice

John P. Carlin
Partner
Morrison Foerster LLP

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:

  • What are the hurdles to reforming FARA?
  • What exactly has been proposed and how it expands the panoply of risk?
  • What is the anticipated impact of those proposals on the enforcement of the current law?
  • Which reforms can DOJ implement on its own vs. Congress?
  • Additional items to keep in mind when building FARA into compliance program

5:30
Forum Concludes