CLE Credits Available

Agenda 2020

All Sessions are in Eastern Time

Virtual Coffee Talk!

Come visit our virtual lobby and connect with fellow attendees. You can chat, video and even make a list of the people you want to meet and knowledge you’re looking to gain through our bespoke 1:1 meeting match-making services.

Introduction to the Virtual Event Platform

Amelia Garza | Director, Content & Experience | Momentum Events

Chairperson’s Opening Remarks

Randy Cook | Senior managing Director | Ankura Consulting Group

Vinitha Varadarajan | Director, Information Security | Rubrik, Inc.

Understanding CFIUS Monitoring and Enforcement Post-FIRRMA

A deep-dive into the tightened regulations on investment practices aimed towards TID businesses to inform, update, and advise companies on what they can do to not miss out on valuable investment opportunities

Takeaways:

  • Providing thorough analysis of new CFIUS rules and updates to FIRRMA
  •  Discussing steps to take to ensure your business or deal remains compliant
  • Ensuring your business or deal does not run afoul of new CFIUS enforcement authorities
David Shogren | Senior Policy Advisor | US Department of Treasury

CFIUS In the Context of the Tech Wars

The United States is conducting international trade warfare at an unprecedented level. In those trade wars, technology is being considered a strategic national asset. How does this affect the ability of technology companies and their investors to conduct international business, now and in the future? This session will illuminate the broad themes that will help you understand the current regulations and anticipate future developments. Takeaways:

  • How the law is specifically targeting technology companies and technology investments
  • CFIUS in the broader context of U.S. technology controls
  • How to thrive in a dynamic regulatory environment
  • How to plan and execute a successful investment strategy

J. Scott Maberry | Partner | Sheppard Mullin

Networking Break

It’s Critical! Determining What Constitutes Critical Technology to Better Prepare for Potential CFIUS Enforcements

Get informed on the expanded number of companies and expanded technologies that now fall under CFIUS ruling and what you can do to stay on top. Takeaways:

  • Reviewing the types of information the US Government is looking to control/protect
  • Deciphering what companies play the biggest role in these fields and how they will be affected
  • Brainstorming strategies that protect controlled technology, but also allows companies to grow and flourish outside their borders

Christian Davis | Partner | Akin Gump Straus Hauer & Feld LLP

Nick Reves | Deputy Program Manager, DHS CFIUS | CENTRA Technology, Inc.

Location is Everything: Understanding Proximity and Covered Realestate

Learn why the US Government is adamant about protecting important infrastructures such as airports, data hubs, and military bases and see how it affects property rights. Takeaways:

  • Exploring real estate transactions to establish which companies will be subject to CFIUS review
  • Highlighting the reasoning and importance of protecting specific US locations
  • Strategizing how to make a seamless transaction from a restricted environment to a non-restricted environment

Samuel Jacobs | Associate Managing Director | Kroll, a Division of Duff & Phelps

Tatiana Sullivan’s | National Security Lawyer

Morning Session Ends & Virtual Lobby Opens

Afternoon Sessions Begin

Evaluating CFIUS Risks In a Potential Deal Opportunity and Positioning For an Easy CFIUS Process

Learn how to navigate deal risks and get your deal questions answered from a practitioner. Takeaways:

  • Evaluating CFIUS issues at the threshold: what if you want more foreign investment, have not classified your technology, or already have foreign ownership? .
  • Deciding whether and which CFIUS filing to make and how long it will take
  • Exploring what happens if you don’t get approval
  • Addressing what happens if you’re just an investor in the target, or when in an auction or in bankruptcy
  • What if you want more foreign investment, have not classified your technology, or already have foreign ownership?

Doreen Edelman | Partner & Chair, Global Trade & Policy | Lowenstein Sandler

Christian Contardo | Associate | Lowenstein Sandler

Analyzing CFIUS Rules from the Perspective of Foreign Companies Working in the US

Are you a non-US company with business activity in the US? Learn how new investment practices will impact your business and what you can do to prepare and manage your employees. Takeaways:

  • Exploring how regulations will affect current business relations and future acquisitions
  • Weighing the pros and cons that come from sharper regulations to better navigate the new regulatory environment
  • Benchmarking strategies that will allow a foreign company to still achieve success in the US.
  • Anticipating public relations and media developments to achieve continuing business success

Shaila Manyam | SVP, Client Lead & Senior Director, Public Affairs & Crisis | BCW Global

Karen Plonty | Security Officer & Director–US National Security Compliance | HCL Technologies Ltd.

Monica C. Thurman | Enterprise Counsel | Thomson Reuters

Chairperson’s Closing Remarks

Randy Cook | Senior managing Director | Ankura Consulting Group

Vinitha Varadarajan | Director, Information Security | Rubrik, Inc.

Day One Afternoon Sessions End & Virtual Lobby Opens

Virtual Coffee Talk!

Come visit our virtual lobby and connect with fellow attendees. You can chat, video and even make a list of the people you want to meet and knowledge you’re looking to gain through our bespoke 1:1 meeting match-making services.

(Re)Introduction to the Virtual Event Platform

Amelia Garza | Director, Content & Experience | Momentum Events

Chairperson’s Opening Remarks

Randy Cook | Senior managing Director | Ankura Consulting Group

Vinitha Varadarajan | Director, Information Security | Rubrik, Inc.

Implications of Recent Export Control Reform Affecting Foundational and Emerging Technologies

Learn what new ways the Export Control Reform Act of 2018 (ECRA) grant the President authority to regulate and enforce export controls and how the Commerce Department will implement its new authorities. We will also examine the enhanced intersection of CFIUS and export control authorities are causing the Department of Homeland Security to take a fresh look at its emerging technology equities. Takeaways:

  • Understanding the review process for domestic technology transfers
  • Learning how to identify “foundational and emerging technologies” that are essential to national security but not deemed “critical technologies” subject to CFIUS review
  • Determining the implications all of this will have for exporters operating in sectors that are identified as involving foundational or emerging technologies
 

Jennifer Maki | Director, Global Trade Compliance | Micron Technology

Lynn Van Buren | Assistant General Counsel–Global Trade Compliance | Verizon

Defining “Sensitive Data” through the Eyes of Regulators to Determine Who Will be Affected

Does your company maintain or collect, directly or indirectly, sensitive or personal data of US citizens? If so, then you will most likely be impacted by new CFIUS rules. Learn what you can do to protect your customers and ensure information isn’t getting into unwanted hands. Takeaways:

  •  Addressing various levels of data to determine what warrants protection
  • Ensuring proper measures are taken to safeguard important information
  • Sharing solutions on how to protect data and keeping sensitive information in-house

Networking Break

What Investors Should Look for When Evaluating Their Portfolio Companies

Learn how CFIUS will impact future investments and what you should be looking at from a security and data risk perspective when reviewing potential opportunities. Takeaways:

  • Understanding what CFIUS issues to be aware of within the portfolio of companies
  •  Anticipating how CFIUS could and will impact portfolio companies
  •  Discussing what a venture capital/private equity firm should do with respect to non-US investors

Stephan Eberle | General Counsel & Head of Limited Partner Relationship | Scale Venture Partnerships

Vinitha Varadarajan | Director, Information Security | Rubrik, Inc.

Morning Session Ends & Virtual Lobby Opens

Afternoon Sessions Begin

Benchmarking Strategies in Order to Not Miss Out on Important Investment Opportunities

Compliance is one thing, but the real question is how can TID businesses expect to grow in the wake of new regulations? Learn key strategies to navigate CFIUS and FIRRMA regulations and achieve foreign investment success. Takeaways:

  • Constructing solid relationships and communication with current and future investors, whether local or foreign, to discuss what requirements must be met on either end
  • Performing due diligence on the front-end to anticipate the equities and requirements of regulators
  • Safeguarding data to mitigate risk and ensure information is protected
  John Lash | Principal, Leader, CFIUS Control Group for the Americas | Control Risks

So, Your Deal Requires a Mitigation Agreement…Now What? How to Successfully Design and Navigate Mitigation Conditions

CFIUS is obligated to mitigate national security risk identified during the review process. But there is no single playbook for how mitigation gets done and transaction parties can shape what mitigation measures are required and how they are implemented. This session will unpack mitigation issues, including:

  • Understanding and anticipating CFIUS national security concerns
  • Frequent approaches to mitigating identified risks
  • Proactive strategies to set conditions for mitigation success
  • Implementing effective and sustainable mitigation controls
  • CFIUS Monitoring Agencies’ expectations for mitigation compliance

Waqas Shahid | Senior Managing Director | Ankura Consulting Group.

Scott C. Jansen | CFIUS Mitigation Compliance Counsel | US Department of Defense.

Vince Jesaitis | Director of Government Affairs | Arm.

Proactive Actions to Take to Reduce Risk of CFIUS Review

Learn how your company’s work with future and/or current partners will be impacted in the wake of tightened regulations and what measures can be made to best prepare for a CFIUS filing and anticipate potential national security concerns. Takeaways:

  • Assessing the CFIUS review process to understand what national security considerations your transaction may raise
  • Performing proper due diligence when constructing deals to meet CFIUS requirements
  • Ensuring your CFIUS filing meets criteria in order to achieve clearance

Chairperson’s Closing Remarks

Randy Cook | Senior managing Director | Ankura Consulting Group

Vinitha Varadarajan | Director, Information Security | Rubrik, Inc.

Event Concludes & Virtual Lobby Opens

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