2023 Agenda

Pre-Conference Workshop

Workshop — A Complete Primer on FARA and the eFile System: Essential Takeaways on Key Definitions, Requirements and Compliance Program Components

Nov 30, 2023 1:30pm – 05:00 PM

Speakers

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

Tessa Capeloto
Partner
Wiley Rein LLP

Meredith McCoy
Partner
Venable LLP

Day 1 - Friday, December 1, 2023

7:30
Registration Opens
8:30
Opening Remarks from the Co-Chairs
8:45
Keynote Address
9:15

THE EXPANDING SCOPE OF FARA ENFORCEMENT

FARA Defense Counsel Peel Back the Curtain on New Civil and Criminal Enforcement Areas – and Weigh In on Recent Cases and Their Outcomes
10:15
Networking Break Sponsored by:
10:30
FARA Legislative & Regulatory Updates and Q&A
11:00
Who’s Calling Their Lawyer? The Expanding Range of “Non-Traditional” Clients for FARA Matters-and The Lesser-Known Takeaways
12:00
Networking Luncheon
1:15

INTERPRETING ADVISORY OPINIONS EXEMPTIONS-AND THE GREY AREAS

The LDA Exemption amid Heightened DOJ Scrutiny: A Narrowed Interpretation and Potential for Repeal?
2:00
Dissecting Key Advisory Opinions on “Political Consultants”: Determining What Does (and Doesn’t) Cross the Line
2:30
Networking Break Sponsored by:
2:45
Fireside Chat
3:15
Navigating the Uncertainty Around the Commercial Exemption: How Practitioners are Applying the Exemption in the Wake of Recent Advisory Opinions
4:00

ADVISING YOUR CLIENTS AND THE SCOPE OF PRIVILEGE PROTECTION Interactive Discussions and Hypotheticals

The Impact of Recent Cases and Advisory Opinions on Practitioners’ Advice to Clients: Key Takeaways
5:00
Conference Concludes and Networking Reception

Day 1 - Friday, December 1, 2023

7:30
Registration Opens
8:30
Opening Remarks from the Co-Chairs

Kate Belinski
Partner
Ballard Spahr LLP

Brandon Van Grack
Partner
Morrison & Foerster LLP
Former Chief, FARA Unit
U.S. Department of Justice
8:45
Keynote Address

Eun Young Choi
Deputy Assistant Attorney General for National Security
U.S. Department of Justice
9:15

THE EXPANDING SCOPE OF FARA ENFORCEMENT

FARA Defense Counsel Peel Back the Curtain on New Civil and Criminal Enforcement Areas – and Weigh In on Recent Cases and Their Outcomes

Barak Cohen
Partner
Perkins Coie LLP

Amy Jeffress
Partner
Arnold & Porter Kaye Scholer LLP

Moderator:

Rob Kelner
Partner
Covington & Burling LLP

  • Lessons from the most significant FARA cases of the year
  • Perspectives on the reasons behind the outcomes of high profile cases
  • Trends revealed by recent FARA prosecutions
  • Identifying sectors receiving increased scrutiny under FARA
  • Expanding civil and criminal enforcement areas
10:15
Networking Break Sponsored by:
10:30
FARA Legislative & Regulatory Updates and Q&A

Jennifer Kennedy Gellie
Acting Chief of the Counterintelligence and Export Control Section
U.S. Department of Justice

Moderator:

Brian Svoboda
Partner
Perkins Coie LLP
11:00
Who’s Calling Their Lawyer? The Expanding Range of “Non-Traditional” Clients for FARA Matters-and The Lesser-Known Takeaways

Leonardo Dosoretz
Deputy General Counsel
Mercury Public Affairs

Jeffrey Hunter
Partner
Kelley Drye & Warren LLP

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

Moderator:

Matthew Sanderson
Member
Caplin & Drysdale

During this interactive discussion, speakers will provide key insights on the expanding range of entities that have been caught up in the FARA crosshairs (and why) and the rationale for this trends, including with respect to:

  • Non-profits and NGOs
  • Think Tanks
  • Universities
  • PR firms
  • Trade Associations and Chambers of Commerce
  • Sports teams and leagues, and entertainment industry
  • Sovereign wealth funds
  • Digital and social media companies
  • Application of FARA to state legislative lobbying
12:00
Networking Luncheon
1:15

INTERPRETING ADVISORY OPINIONS EXEMPTIONS-AND THE GREY AREAS

The LDA Exemption amid Heightened DOJ Scrutiny: A Narrowed Interpretation and Potential for Repeal?

Kate Belinski
Partner
Ballard Spahr LLP

Craig Engle
Partner
ArentFox Schiff LLP

  • The nuances of the latest DOJ advisory opinions
  • The future of the LDA Exemption following DOJ’s remarks in December of last year
  • Interpreting “Principal Beneficiary”
  • What can now trigger FARA registration, letter of inquiry and further DOJ action
  • What is “directly promoting interests of foreign government” and “a predominant foreign interest”
  • Defining “within the United States”: Is a physical presence on U.S. soil necessary?
  • Heightened reporting requirements for LDA registrants: Is even greater scrutiny on the horizon?
2:00
Dissecting Key Advisory Opinions on “Political Consultants”: Determining What Does (and Doesn’t) Cross the Line

Deborah Curtis
Partner
Arnold & Porter Kaye Scholer LLP

Brian Smith
Partner
Covington & Burling LLP

  • Analyzing recent DOJ guidance
  • The impact of key advisory opinions
  • The enduring grey areas and how to navigate them
  • Upgrading your KYC protocols
  • Establishing systems to track compliance with disclosure obligations and books and records requirements
2:30
Networking Break Sponsored by:
2:45
Fireside Chat

Evan Turgeon
Chief of the FARA Unit
U.S. Department of Justice

Moderator:

Brandon Van Grack
Partner
Morrison & Foerster LLP
Former Chief, FARA Unit
U.S. Department of Justice
3:15
Navigating the Uncertainty Around the Commercial Exemption: How Practitioners are Applying the Exemption in the Wake of Recent Advisory Opinions

Adam Hickey
Partner
Mayer Brown LLP

William Minor
Partner
DLA Piper LLP, USA

  • Analyzing recent advisory opinions and their practical implications
  • New lessons for determining when an activity “directly promotes” the public or political interests of a foreign government or political party?
  • Recent investment and other activities that have unexpectedly come under FARA scrutiny
  • How far you need to go when conducting due diligence
  • The limits on exemptions for foreign commercial entities owned by a foreign government
4:00

ADVISING YOUR CLIENTS AND THE SCOPE OF PRIVILEGE PROTECTION Interactive Discussions and Hypotheticals

The Impact of Recent Cases and Advisory Opinions on Practitioners’ Advice to Clients: Key Takeaways

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

Keisha N. Stanford
Partner
Jenner & Block

Moderator:

Dan Pickard
Shareholder
Buchanan Ingersoll & Rooney PC

Speakers and audience members will exchange insights on the changing FARA landscape and how to best advise clients in the wake of recent cases and advisory opinions. Speakers will walk the audience through a number of scenarios and how to handle them.

Topics will include:

  • How have DOJ inquiries changed if at all?
  • Examples of resolving disagreements with the DOJ
  • How to move forward if your client has not registered (but should have)-amid the Retroactive Foreign Agents Registration Act
  • Assessing the odds of approval for a request not to register – then vs. now
  • Predictions for the future of FARA compliance and enforcement
  • DOJ vs. defense counsel positions on the scope of privilege
    • Recent positions of the FARA Unit
    • DOJ’s recent expansion of investigative inquires
5:00
Conference Concludes and Networking Reception

Workshop — A Complete Primer on FARA and the eFile System: Essential Takeaways on Key Definitions, Requirements and Compliance Program Components

Nov 30, 2023 1:30pm – 05:00 PM

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

Tessa Capeloto
Partner
Wiley Rein LLP

Meredith McCoy
Partner
Venable 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, 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
    • 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”