Day 1 - Thursday, December 9, 2021

8:00
Breakfast & 1:1 Networking
8:45
Opening Remarks from the Co-Chairs

David H. Laufman
Partner
Wiggin and Dana LLP
Co-Chair of the ABA Task Force
Former Chief, Counterintelligence and Export Control Section, U.S. Department of Justice

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

9:00
DOJ Keynote Address

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

U.S. Department of Justice

9:30
DOJ’s Enforcement Posture: Emerging Trends in FARA Prosecutions

Brandon L. Van Grack
Partner
Morrison & Foerster LLP
Former Chief, FARA Unit

Robert K. Kelner
Partner
Covington & Burling LLP

  • Breakdown of recent high-profile FARA cases
  • Mapping the patterns and trends of recent FARA prosecutions
  • Identifying sectors receiving increased scrutiny under FARA
  • The evolving role of the FBI in FARA investigations

10:30
Morning Networking Break
10:45
The Gray Areas of Exemptions for “Commercial Activities” and “Activities Not Serving Predominantly a Foreign Interest”: What Crosses the Line into Registrable Activity?

Brian Smith
Partner
Covington & Burling LLP

Brian Svoboda
Partner
Perkins Coie LLP

  • Latest advisory opinions and their implications on commerce
  • How much due diligence is enough?
  • Navigating exemptions for foreign commercial entities owned by a foreign government
  • How to determine when activity “directly promotes” the public or political interests of a foreign government or political party?
  • Recent investment attraction activities that have come under FARA scrutiny

11:30

Law Firms Take Note

The “Lawyer Exemption” and Recent Advisory Opinions-Are the Goalposts Moving?

Nick Lewin
Founding Partner
Krieger Kim & Lewin LLP

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

  • Latest advisory opinions guiding of the scope of the Lawyers’ Exemption
  • Balancing FARA disclosure requirements and attorney-client privilege
  • FARA registration risks for law firms that participate in public relations work on behalf of foreign clients
  • Best practices for establishing a comprehensive in-house FARA compliance program

12:15

“NON-TRADITIONAL” ORGANIZATIONS UNDER THE MICROSCOPE

Lessons for NGOs, Think Tanks, Sovereign Wealth Funds, PR Firms, and More

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

Murad Hussain
Partner
Arnold & Porter LLP

Jennifer L. Carrier
Of Counsel
Blank Rome LLP

  • Navigating registration requirements for to minimize legal liabilities
  • Challenges posed by 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

1:00
Lunch
2:15
Fireside chat with Jennifer Gellie, Chief, FARA Unit, U.S. Department of Justice

Jennifer Gellie
Chief of the FARA Unit
U.S. Department of Justice

Moderator:

David H. Laufman
Partner
Wiggin and Dana LLP
Co-Chair of the ABA Task Force
Former Chief, Counterintelligence and Export Control Section, U.S. Department of Justice

2:45
A Thin Line with Big Consequences for Lobbying and PR Firms: Key Misconceptions about the Lengths and Limits of the LDA Exemption

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

Jason Abel
Partner
Steptoe & Johnson LLP

  • Latest DOJ FARA advisory opinions and stance on the limits of the Lobbying Disclosure Act exemption
  • Identifying and mitigating situations that could lead to triggering FARA
  • Knowing what you don’t know? How to know when to sound the alarm

3:30
Afternoon Networking Break
3:45
The Lesser-Known Compliance and Audit Aftermath of FARA Registration: Pitfalls to Avoid for Filing, Labeling, Recordkeeping and More

Heather Hunt
Senior Counsel for FARA Administration
U.S. Department of Justice

Kate A. Belinski
Partner
Ballard Spahr LLP

Moderator:

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

  • Best practices for 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

4:30

The Prospect of FARA Reform

The Nature and Likelihood of Legislative and More Changes

Daniel B. Pickard
Partner
Wiley Rein LLP

Tom Firestone
Partner
Baker & McKenzie LLP

  • Update on legislation in the pipeline
  • Areas of the law that are most likely to see a change
  • Anticipated impact of current and likely developments on legal, commercial and lobby exemptions
  • Is legislation the only way? Are there alternative ways for the DOJ to implement key reforms?

5:15
Closing Remarks from Co-Chairs
5:30
Forum Concludes