Agenda
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Pre-Conference Workshop
December 5, 2024
Workshop — A Complete Primer on FARA and the eFile System: Essential Takeaways on Key Definitions, Requirements and Compliance Program Components
Heather HuntSenior Counsel for FARA Administration
FARA Unit
Counterintelligence and Export Control Section
National Security Division U.S. Department of Justice
Keisha N. StanfordPartnerJenner & Block LLP
Prepare for the main conference by participating in this workshop, designed to get you up to speed and set the foundation for the in-depth, complex discussions to follow.
The workshop leaders will provide an essential overview of FARA requirements, the FARA eFile Systems and 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:
- Lobbying and public relations firms
- Agents and their employers
- Lawyers and law firms
- Consulting firms
- Non-profit groups
- Universities and think tanks
- Media
- Trade associations
- U.S. subsidiaries of foreign companies
- The do’s and don’ts of using the FARA eFile System and common missteps to avoid Common pitfalls associated with using the filing process
- common pitfalls associated with using the filing process
- how much information is required to be submitted
- how to streamline the filing system
- 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”
Day 1
December 6, 2024
Nick LewinAttorneyKrieger Lewin LLP
Zachary G. ParksPartnerCovington & Burling LLP
Join us for an insightful panel discussion on the post-election landscape and its implications for the Foreign Agents Registration Act (FARA). This session will delve into the evolving nature of FARA enforcement and the potential trajectories it could take under different political administrations.
Key points of discussion will include:
- Exploring how FARA enforcement might shift depending on the political climate
- How will different administrations prioritize FARA enforcement differently?
- Gain a deeper understanding of the post-election regulatory environment and strategic insights
Networking Break
Part II: The Steve Wynn, Robert Menendez, Linda Sun, Sue Mi Terry – and The Broader Implications for FARA Enforcement and Compliance
Matthew SandersonMemberCaplin & Drysdale
Thomas J. SpulakPartnerKing & Spalding LLP
Josh RosensteinMemberSandler Reiff Lamb Rosenstein & Birkenstock, P.C.
Barak CohenPartnerPerkins Coie LLP
In this comprehensive panel session, we will delve into the recent DC Circuit decision that exempts Steve Wynn from registering under the Foreign Agents Registration Act (FARA). This landmark ruling has significant implications for legal practitioners and clients engaged in activities that may fall under FARA’s purview.
- Overview of the DC Circuit Decision
- Discussing the indictment of former government officials Linda Sun and Sue Mi Terry, charged with FARA violations
- Exploring the broader impact this decision could have on similar cases and how it may influence future interpretations and enforcement of FARA regulations
- Practical advice and strategic recommendations for clients in light of the Steve Wynn decision
The Rise of Non-Profits in the FARA Context: Navigating the Ambiguities and Evolving Range of Entities Caught in the FARA Crosshairs
Meredith McCoyPartnerVenable LLP
Murad HussainPartnerArnold & Porter LLP
This session will focus on recent enforcement priorities, existing ambiguities, and the unique compliance challenges faced by non-profits engaged in both exempt and non-exempt activities.
- Impact of FARA on Non-Profits, with a focus on recent enforcement actions and the current priorities of the DOJ
- Insights into the specific compliance challenges faced by non-profits engaged in both exempt and non-exempt activities
- Understanding ambiguities in existing FARA regulations as they pertain to non-profits
Networking Luncheon
The Scope of the LDA and Commercial Exemptions: How Practitioners are Applying the Exemption Amid Recent Advisory Opinions
Adam HickeyPartnerMayer Brown LLP
Ki P. HongPartnerSkadden, Arps, Slate, Meagher & Flom LLP and Affiliates
Nicole CarelliSenior Vice President and Public Policy AdvisorThe Daschle Group | Of Counsel Baker Donelson
- A deep understanding of the latest DOJ advisory opinions and their implications for the LDA exemption
- Exploring the possibility of the LDA exemption being narrowed or repealed and the resulting impact on lobbying compliance requirements
- Understanding the interpretation of "Principal Beneficiary" and its significance in determining FARA registration
- Identifying actions that can now trigger FARA registration, letters of inquiry, and further DOJ actions
- Clarifying whether a physical presence on U.S. soil is necessary for activities to fall within the scope of FARA
Networking Break
Kate BelinskiPartnerBallard Spahr LLP
Steve RobertsPartnerHoltzman Vogel Baran Torchinsky & Josefiak PLLC
- This session will analyze recent legislative initiatives and their broader implications for FARA compliance and regulatory practices.
- An overview of various state efforts to introduce FARA-like laws, highlighting the motivations behind these legislative moves and their potential impact on local and national levels
- Insight into the specific provisions and objectives of the Georgia bill as a case study
- Examination of the broader trends in state-level regulations mimicking FARA and their potential implications for businesses, lobbyists, and legal practitioners
- Practical strategies for ensuring compliance with evolving state and federal regulations
Evan N. TurgeonChief, Foreign Agents Registration Act (FARA) Unit Counterintelligence and Export Control Section National Security DivisionU.S. Department of Justice
Brandon Van GrackPartnerMorrison & Foerster LLP
Former Chief, FARA Unit
U.S. Department of Justice
Jeffrey J. HunterPartnerKelley Drye & Warren LLP
Kaitlin KonkelCounselArnold & Porter Kaye Scholer LLP
William MinorPartnerDLA Piper LLP (US)
Brian SvobodaPartnerPerkins Coie
Join our panel of experts for an engaging discussion on the evolving FARA landscape and its implications for advising clients. Through a series of real-world, hypothetical scenarios, the speakers will take the audience through the complexities that have arisen and the impact of recent cases on advice to clients. Audience members will be invited to share their thoughts on hot button, sensitive issues to be covered during this spirited panel.
Hypothetical scenarios will cover key issues, including:
- Advising a “non-traditional” entity in the wake of recent cases
- Entities engaged in exempt and non-exempt activities
- Commercial and LDA Exemption dilemmas