9th National Conference on CFIUS - DS

April 12, 2023

9th National Conference on CFIUS

April 13 & 14, 2023 • Hilton Towers Arlington, VA

The Country’s Flagship Conference on New, Expanded Scrutiny of Foreign Investments in Technology, Infrastructure, Data and Energy

Government Faculty Includes:

Eric S. Johnson Deputy Chief, National Security Division, Foreign Investment Review Section

U.S. Department of Justice

Paul Rosen

Assistant Secretary of the Treasury, Office of Investment Security

U.S. Department of the Treasury

Industry Perspectives from: Avon Protection Systems

Bayer AG

HCL America

Honeywell Information Technology Industry Council

SoftBank Group International

2023 Conference Highlights:

Greater-than Non-Notified Transactions: Unpacking How the Committee is Now Approaching Reviews and Approvals – and the Timelines

Greater-than Biden Executive Order: Personal Sensitive Data and Mandatory Cyber Incident Filings

Greater-than Perspectives from General Counsel: Their Evolving Roles for Meeting CFIUS Standards

Greater-than In-House Executive Perspectives on Mitigation: How C-Suite Leaders are Approaching CFIUS Mitigation, Operational Challenges, Cybersecurity and More

Greater-than Reverse CFIUS? Preparing for the Future of Outbound Investments Scrutiny

Supporting Sponsors

Associate Sponsors

DISTINGUISHED FACULTY

CONFEREN CE CO-CHAIRS

Luci Hague

Partner Kirkland & Ellis LLP

J. Philip Ludvigson

Partner, King & Spalding LLP

Former Acting Deputy Assistant Secretary/Director, Office of Investment Security (CFIUS), U.S. Department of the Treasury

GOVERNMENT REPRESENTATIVES

Thomas Argall

Deputy Director, Foreign Investment Review, Office of Global Investment and Economic Security (GIES)

U.S. Department of Defense

James Burns

A/Director General, Investment Review Division

Innovation, Science and Economic Development Canada, Government of Canada

William E. Cooper

Attorney Advisor, Committee on Foreign Investment in the United States (CFIUS) and U.S. Telecom Sector, Operations and Enforcement Law Division, Office of the General Counsel

U.S. Department of Homeland Security

Nicoletta Giordani

Director, Office of Global Investment and Economic Security (GIES), Industrial Base Policy

U.S. Department of Defense

Eric S. Johnson

Principal Deputy Chief, National Security Division

Foreign Investment Review Section

U.S. Department of Justice

Eileen Keenan

Attorney Advisor, National Security Division, Foreign Investment Review Section

U.S. Department of Justice

Marie-Anne Lavergne

Head - Foreign Investments Control

French Treasury (DG Trésor), France

Dr. Angelika Milger

Policy Officer, Division VE3-I Investment Screening, EU and International Relations

Federal Ministry for Economic Affairs and Climate Action, Germany

David Shogren

Director for Monitoring and Enforcement, Office of Investment Security

U.S. Department of Treasury

Paul Rosen

Assistant Secretary of the Treasury, Office of Investment Security

U.S. Department of the Treasury

Tyler Wood

Deputy Chief for Compliance and Enforcement

U.S. Department of Justice

INDUSTRY REPRESENTATIVES

Scott Baucum

Vice-President U.S. Special Compliance & Asset Protection Bayer AG

Joshua Fitzhugh Vice President, Global Trade Flex

Jill McClune General Counsel, US Avon Protection Systems, Inc.

John C. Rood

CEO and Chair Momentus Space

Jared Roscoe Partner, Deputy General Counsel SoftBank Group International

Rob Strayer

Executive Vice President of Policy Information Technology Industry Council

David Walker CFIUS Security Officer, HCL America

Peter Wexler

Senior Vice President and Chief Legal Officer, Schneider Electric

Jason Zorn

Associate General Counsel for Nuclear Regulatory & Compliance Constellation

DISTINGUISHED SPEAKERS

Grigore Alexandru Non-Attorney Policy Advisor

Sidley Austin LLP

Former Deputy Director, Office of Foreign Investment Review, U.S. Department of Defense (DOD)

Nate Bolin Partner

DLA Piper LLP

Scott Boylan Partner StoneTurn

Thomas Brown Managing Director Berkeley Research Group LLC (BRG)

M. Angella Castille Partner

Faegre Drinker Biddle & Reath LLP

Randall H. Cook Senior Managing Director Ankura

Shawn B. Cooley Partner

Weil, Gotshal & Manges LLP

Former Director, Foreign Investment Risk Management (FIRM), U.S. Department of Homeland Security

Brian P. Curran Partner

Hogan Lovells US LLP

Brian J. Egan Partner

Skadden, Arps, Slate, Meagher & Flom LLP

Nancy A. Fischer

Partner and Global Regulatory Leader

Pillsbury Winthrop Shaw Pittman LLP

Jerry Fowler Director, Compliance, Forensics and Intelligence Control Risks

Zack Hadžismajlović Partner, Head of Global Trade Group McCarter & English LLP

Stephenie Gosnell Handler Partner Gibson, Dunn & Crutcher LLP

Samuel P. Jacobs

Associate Managing Director Kroll

David D. Jividen, Esq., CFIUS/TT Senior National Security Advisor, White and Case LLP

Former Deputy Director, Office of Global Investments and Economic Security, U.S. Department of Defense

Benjamin G. Joseloff Of Counsel

Cravath, Swaine & Moore LLP

Nicholas Klein Partner

DLA Piper LLP

Steven Klemencic Managing Director

Berkeley Research Group LLC (BRG)

The Honorable Mario Mancuso, P.C. Senior Partner, Chair, CFIUS and National Security Practice Kirkland & Ellis LLP

Melissa Mannino Partner

BakerHostetler LLP

Jeanine P. McGuinness Partner Orrick Herrington & Sutcliffe LLP

Vincent Mekles

Senior Managing Director Ankura

James Mendenhall Partner, Global Arbitration, Trade and Advocacy

Sidley Austin LLP

Richard Mintz Partner FGS Global Aimen Mir Partner

Freshfields Bruckhaus Deringer LLP

Former Deputy Assistant Secretary for Investment Security and CFIUS Staff Chair, U.S. Department of the Treasury

Christopher B. Monahan Partner

Faegre Drinker Biddle & Reath LLP

Scott Moritz President, White Collar Forensic LLC Advisory Board Member, Sayari

Luciano Racco Counsel

Foley Hoag LLP

Ivan A. Schlager, P.C. Partner Kirkland & Ellis LLP

Malcolm J. (Mick) Tuesley Partner

Simpson Thacher & Bartlett LLP

Antonia Tzinova

Partner

Holland & Knight LLP, United States

Jeremy B. Zucker Partner Dechert LLP

April 12 • PRE-CONFERENCE WORKSHOPS

A

9:30–1:00 p.m. (Registration starts at 9:00 a.m.)

Introduction to CFIUS Filings: Your A-to-Z Guide the CFIUS Compliance Process, Including Filings, Timelines, Enforcement, and Penalties

microphone-alt Eileen Keenan, Attorney Advisor, National Security Division, Foreign Investment Review Section, U.S. Department of Justice

John C. Rood, CEO and Chair, Momentus Space

Benjamin G. Joseloff, Of Counsel, Cravath, Swaine & Moore LLP

What is the Committee for Foreign Investment in the United States (CFIUS)? Designed for professionals who are new to this nuanced national security sector or seeking a refresher, this introductory session will discuss the basic regulatory standard necessary for a CFIUS filing. Delegates will gain an understanding of the national security reasons for CFIUS filings, the scrutiny given to filings, as well as the timelines for processing a filing. Topics will include:

• Under what circumstances does FIRRMA give CFIUS authority to:

» Impose an interim mitigation agreement?

» Require plans for monitoring compliance with mitigation agreements?

» Determine that a current or older mitigation agreement is no longer warranted?

» Allow for the use of third-party, independent parties to monitor agreements?

• Calculating timelines for submitting a mandatory declaration or notice

• Analyzing what can cause delays and how to avoid them

• Examining basic enforcement action for non-filing and penalties

• A light lunch will be served to those attending both workshops.

2:00–5:30 p.m. (Registration starts at 1:30 p.m.)

BThe

Nuts and Bolts of the Pre-Filing Process: Your Complete Start-to-Finish Due Diligence Guide from Pre-Acquisition Planning to the Filing Stage

microphone-alt Jill McClune, General Counsel, US, Avon Protection Systems, Inc.

Zack Hadžismajlović, Partner, Head of Global Trade Group, McCarter & English LLP

Luciano Racco, Counsel, Foley Hoag LLP

During this in-depth session, delegates will be taken through a step-by-step checklist of what needs to be done and taken into consideration prior to a CFIUS filing and prior to mitigation.

• Assessing the risk of undue transaction delays

• Developing a broader strategy for managing CFIUS and other regulatory approvals processes

• How deal documentation is changing in response to more investigations

• Consulting with CFIUS at the pre-filing stage

• How CFIUS can help to address timing considerations

• Incorporating CFIUS considerations into the transaction, financing structures and timetable

• Delving into the finer points of negotiating and drafting language

• Determining what is involved in high-effort standards versus low-effort standards

• Executing termination fees, when one party walks away from the deal

• Potential mitigation strategies to employ early in the transaction life cycle

Due to the hands-on nature of the workshops, they will only be available for in-person delegates.

Media Partners

Great energy, in person, excellent panel speakers, good topics, nice representation from recent former and current government officials.

Bridget Reineking, Cooley LLP

I enjoyed the quality of the speakers, the setting, and the policy discussions.

Connie Porter, Benesch

7:45 Registration and Morning Coffee

microphone-alt J. Philip Ludvigson, Partner, King & Spalding LLP

Former Acting Deputy Assistant Secretary/Director, Office of Investment Security (CFIUS), U.S. Department of the Treasury

Luci Hague, Partner, Kirkland & Ellis LLP

8:30

Opening Remarks from the Co-Chairs

8:45

CFIUS Priorities Now and into the Future

microphone-alt Paul Rosen, Assistant Secretary of the Treasury, Office of Investment Security, U.S. Department of the Treasury

9:15

Non-Notified Transactions: Unpacking How the Committee is Now Approaching Reviews and Approvals – and the Shifting Timelines

microphone-alt Shawn B. Cooley, Partner, Weil, Gotshal & Manges LLP

Former Director, Foreign Investment Risk Management (FIRM), U.S. Department of Homeland Security

microphone-alt Grigore Alexandru, Non-Attorney Policy Advisor, Sidley Austin LLP

Former Deputy Director, Office of Foreign Investment Review Department of Defense (DOD)

This session will review the lesser-known takeaways from the Annual Report to Congress for calendar year 2021, issued by the U.S. Department of the Treasury, as ChAir of the Committee on Foreign Investment in the United States (CFIUS), in August 2022. Delegates will gain unique insight into the aftermath, real-world processes and expectations when filing with CFIUS.

• Analyzing the record number of covered transactions, declarations and notices-and what they suggest for the path forward

• Evaluating the rate of clearance timelines, and what can cause a clearance to take longer

• Exploring the non-notified process-and anticipated roadblocks

• Revisiting the risk for non-notified transactions and the risk of not filing

• Within the pool of non-notified transactions, are there any trends or outliers of note?

• The driving factors affecting CFIUS decision-making when it comes to non-notified transactions

10:00

Networking Refreshment Break

Sponsored by:

10:15

Government Perspectives on CFIUS Enforcement

microphone-alt David Shogren, Director for Monitoring and Enforcement, Office of Investment Security, U.S. Department of Treasury

Nicoletta Giordani, Director, Office of Global Investment and Economic Security (GIES), Industrial Base Policy, U.S. Department of Defense

Tyler Wood, Deputy Chief, Compliance and Enforcement, National Security Division, Foreign Investment Review Section, U.S. Department of Justice

Thomas Argall, Deputy Director, Foreign Investment Review, Office of Global Investment and Economic Security (GIES), U.S. Department of Defense

In October 2022, the U.S. Department of the Treasury, released CFIUS Enforcement and Penalty Guidelines. This session will offer a government perspective on the spirit of guidelines, how the guidelines are being interpreted, and what can be gleaned from the first few months since implementation.

11:15

How New CFIUS Enforcement Mechanisms Are Structured: Perspectives on Implementation and What Now Constitutes a Violation

microphone-alt Melissa Mannino, Partner, Baker & Hostetler LLP

Former Chief of the Enforcement and Litigation Division, Office of Chief Counsel for Industry and Security, U.S. Department of Commerce

Malcolm J. (Mick) Tuesley, Partner, Simpson Thacher & Bartlett LLP

Eileen Keenan, Attorney Advisor, National Security Division, Foreign Investment Review Section, U.S. Department of Justice

MODERATED BY:

Jerry Fowler, Director, Compliance, Forensics and Intelligence, Control Risks

In October 2022, the U.S. Department of the Treasury released CFIUS Enforcement and Penalty Guidelines. This session will look at the guidelines and address the three categories of acts or omissions that may constitute a Violation.

• Failure to File: Exploring failure to timely submit a mandatory declaration or notice, as applicable

• Non-Compliance with CFIUS Mitigation: Examining which conduct is prohibited by or otherwise fails to comply with CFIUS mitigation agreements, conditions, or orders (“CFIUS Mitigation”)

• Material Misstatement, Omission, or False Certification: Analyzing examples of, and what constitutes a misstatement, omissions, false or incomplete certifications,

• Enforcing mandatory filing requirements

• How will they structure their violation letter, monetary penalties, requests for information

12:00 Networking Luncheon

1:15

BIDEN EXECUTIVE ORDER PART I

Personal Sensitive Data and Mandatory Cyber Incident Filings: Contrasting CFIUS, DHS and CISA Requirements in

Practice

microphone-alt Thomas Brown, Managing Director, Berkeley Research Group LLC (BRG)

Nancy A. Fischer, Partner and Global Regulatory Leader, Pillsbury Winthrop Shaw Pittman LLP

Antonia Tzinova, Partner, Holland & Knight LLP, United States

William E. Cooper, Attorney Advisor, Committee on Foreign Investment in the United States (CFIUS) and U.S. Telecom Sector, Operations and Enforcement Law Division, Office of the General Counsel, U.S. Department of Homeland Security

President Joseph Biden issued an Executive Order providing guidance related to the U.S. national security foreign direct investment review process administered by the Committee on Foreign Investment in the United States. This session will examine how the Executive Order has affected the CFIUS process and what has changed, and what we can anticipate going forward. Three of the Five Factors for National Security:

• The New Ways CFIUS is Ensuring National Security with a Focus on Cybersecurity, Technology and Personal Sensitive Data

• Ensuring the U.S. maintains its position as a technology leader in the areas of microelectronics, artificial intelligence, biotechnology and biomanufacturing, quantum computing, advanced clean energy, and climate adaptation

• Examining Cybersecurity risks that threaten to impair national security

• Mitigating new risks to U.S. persons’ sensitive data

• Exploring how CFIUS is interpreting the Executive Order guidance

• How the statutory framework has changed

2:00 BI DEN EX ECUTIVE ORDER PART II

M&A: The New Ways CFIUS is Approaching National Security with a Focus on Multiple Acquisitions or Investments

microphone-alt Eric S. Johnson, Deputy Chief, National Security Division, Foreign Investment Review Section, U.S. Department of Justice

Brian P Curran, Partner, Hogan Lovells US LLP Former Intelligence Officer, Defense Intelligence Agency

Randall H. Cook, Senior Managing Director, Ankura

Building on the previous discussion, this session will examine how the Executive Order has affected the CFIUS process with respect to multiple acquisitions or investments in a single sector or related sector. Delegates will glean how transactions are now being scrutinized under this new directive.

Two of Five Factors for National Security:

• How the Committee shall consider, as appropriate, the risks arising from a covered transaction in the context of multiple acquisitions or investments in a single sector or in related sectors.

• Ensuring the resilience of critical U.S. supply chain that may have national security implications, including those outside of the defense industrial base

• Exploring how CFIUS is interpreting the Executive Order guidance

• Examining how the statutory framework has changed

2:45

Networking Refreshment Break

Sponsored by:

3:00

Perspectives from General Counsel: Their Evolving Roles for Meeting CFIUS Standards

microphone-alt Jared Roscoe, Partner, Deputy General Counsel, SoftBank Group International

Peter Wexler, Senior Vice President and Chief Legal Officer, Schneider Electric

Scott Moritz, President, White Collar Forensic LLC Advisory Board Member, Sayari

MODERATED BY:

M. Angella Castille, Partner, Faegre Drinker Biddle & Reath LLP

Hear from a panel of general counsel as they offer their big picture, strategic perspectives on meeting CFIUS requirements from the early stages of deciding to file, to negotiating mitigation agreements, to implementing a mitigation agreement within the company. Delegates will gain a greater understanding of industry considerations within the CFIUS context.

3:45

Reverse CFIUS? Preparing for the Future of Outbound Investment Scrutiny

microphone-alt Rob Strayer, Executive Vice President of Policy, Information Technology Industry Council

Stephenie Gosnell Handler, Partner, Gibson, Dunn & Crutcher LLP

Aimen Mir, Partner, Freshfields Bruckhaus Deringer LLP

Former Deputy Assistant Secretary for Investment Security and CFIUS Staff Chair, U.S. Department of the Treasury

The Honorable Mario Mancuso, P.C, Senior Partner, Chair, CFIUS and National Security Practice, Kirkland & Ellis LLP

Hear a panel of experts discuss the anticipated outcomes and ramifications of a reverse CFIUS-like screening process, as the U.S. Government considers legislation that would establish an interagency committee to review and restrict U.S. outbound investments. Delegates will gain greater insight on the potential impact and how to prepare.

• What would the regulatory framework look like and will it mimic other frameworks

• Will this be a statute or an executive order?

• Examining the scope of the proposed regime and which sectors will be a focus

• Imposing conditions to mitigating national security risks

• Coordinating with foreign regimes to ensure both U.S. and foreign entities are notifying the interagency committee before engaging in covered activities

4:30 Closing Remarks from the Conference Co-Chairs and End of Day One

Glass-Martini Networking Cocktail Reception

EARN CLE/ CREDITS

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

For more information on ACI’s CLE process, visit: www.AmericanConference.com/Accreditation/CLE

The ability to meet in-person with the speakers and other conference attendees. The networking opportunities were greatly appreciated.

Jason Garkey, Momentus

Very on-point panel topics. Also nice to have the lunch opportunities to meet folks and chat.

John Ingrassia, Proskauer Rose LLP

April 14 • DAY TWO

8:00 Registration and Morning Coffee

8:30

Opening Remarks from the Co-Chairs

8:35 HYPOTHETICAL SCENARIOS AND ANONYMOUS AUDIENCE POLLING

Non-Notified Transactions: What Would You Do If?

microphone-alt David D. Jividen, Esq., CFIUS/TT Senior National Security Advisor, White and Case LLP

Former Deputy Director, Office of Global Investments and Economic Security, Department of Defense

Vincent Mekles, Senior Managing Director, Ankura

Delegates are invited to participate in a series of hypothetical scenarios and anonymous audience polling as speakers unpack the nuances companies experience during the filing process, and what can lead to a non-notified transaction. Delegates will gain a greater understanding of the risk analysis involved and more critically important takeaways.

• Navigating the non-notified process: What we know and don’t know

• Enforcement action and penalties – and its hidden lessons

• How to know if it is necessary to file and the new, heightened risks of getting it wrong

• NSA compliance and implementing a compliance program

9:30

The Ambiguities Around Re-Classification and TID: Critical Technology, Critical Infrastructure, Sensitive Data and How Reclassifying Technology is Affecting NSAs

microphone-alt Christopher B. Monahan, Partner, Faegre Drinker Biddle & Reath LLP

Nicholas Klein, Partner, DLA Piper LLP

Scott Boylan, Partner, StoneTurn

This expert panel will unpack the nuances of TID classification, how technology changes can prompt a second look at an NSA and how classifications can impact new National Security Agreements. Topics will include:

• Examining how technology classifications have changed

• How does CFIUS review older agreements regarding critical technology classifications

• Exploring mechanisms for revisiting NSAs

• How to address regulatory ambiguities

10:15 Networking Refreshment Break

10:30

International FDI Regimes and Enforcement

microphone-alt Dr. Angelika Milger, Policy Officer, Division VE3-I Investment Screening, EU and International Relations, Federal Ministry for Economic Affairs and Climate Action, Germany

Marie-Anne Lavergne, Head - Foreign Investments Control, French Treasury (DG Trésor), France

James Burns, A/Director General, Investment Review Division, Innovation, Science and Economic Development Canada, Government of Canada

Brian J. Egan, Partner, Skadden, Arps, Slate, Meagher & Flom LLP

• Ensuring that filings are made in the correct jurisdiction(s)

• The nature and extent of coordination between CFIUS and foreign governments

• Best practices for navigating cross-border FDI transactions

• Examining lessons learned:

» Acquisition of London-listed defence firm Ultra Electronics (ULE.L) by rival Cobham, owned by U.S. private equity firm Advent

» Proposed merger between Taiwan-based Global Wafers and Siltronic reviewed by the Germany government

11:15 STR ATEGY

SESSION

Mitigation Compliance and Securing Approvals: Aligning Your Mitigation Strategy to the New Realities of Timelines, Delays and Heightened Scrutiny

microphone-alt Samuel P. Jacobs, Associate Managing Director, Kroll

Ivan A. Schlager, P.C., Partner, Kirkland & Ellis LLP

J. Philip Ludvigson, Partner, King & Spalding LLP

Former Acting Deputy Assistant Secretary/Director, Office of Investment Security (CFIUS), U.S. Department of the Treasury

• Re-evaluating mitigation strategies and the associated costs and risks

• Which kinds of agreements are, and are not, receiving clearance?

• Determining which types of mitigation are appropriate for which transactions

• Deciding if and when to utilize trusts, holding entities, shell entities, and/ or temporary monitors/boards

• Identifying which mitigation instruments are available, including:

» How to select the right ones and operate under them

» Assessing the real associated costs?

• Trends in the type and frequency of mitigation – assessing the types of cases that are, and are not, amenable to mitigation

12:15 Networking Luncheon

1:30 IN-HOUSE EXECUTIVE PERSPECTIVES ON MITIGATION

How C-Suite Leaders are Approaching CFIUS Mitigation, Operational Challenges, Cybersecurity and More

microphone-alt Scott Baucum, Vice-President U.S. Special Compliance & Asset Protection, Bayer AG

David Walker, CFIUS Security Officer, HCL America

Joshua Fitzhugh, Vice President, Global Trade, Flex

MODERATED BY:

Steven Klemencic, Managing Director, Berkeley Research Group LLC (BRG)

Hear from senior decision-makers from leading organizations, as they offer strategic, big-picture perspectives on how companies are approaching CFIUS filings, the pain points and operational considerations.

• Calculating how companies account for the costs of mitigation and to what extent the parties and CFIUS accounted for the cost

• Deciding whether or not to address the operations side when negotiating a mitigation agreement

• Meeting privacy obligations for personal information of U.S citizens

• Managing Cyber Security and Insider Threats at the operational level

• Implementing policy and process formation, and standard operating procedures for oversight, auditing and monitoring of both systems and teams

How CFIUS is Thinking about Green Technology and Energy Deals being Reviewed?

microphone-alt Nate Bolin, Partner, DLA Piper LLP

James Mendenhall, Partner, Global Arbitration, Trade and Advocacy, Sidley Austin LLP

Jason Zorn, Associate General Counsel for Nuclear Regulatory & Compliance, Constellation

This session will explore how CFIUS is reviewing transactions in the energy and green technology sector following the report entitled Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering BroadBased Growth, including a look at transactions involving supply chains, batteries and rare earth minerals.

3:00 CASE STUDIES

Recent, Notable CFIUS Transactions and What They Reveal About Future Deals and Getting Deals Done: Takeaways from Vonage, Fufeng and TikTok

microphone-alt Jeanine P. McGuinness, Partner, Orrick Herrington & Sutcliffe LLP

Richard Mintz, Partner, FGS Global

With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.

Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at:

American Conference Institute

SponsorInfo@AmericanConference.com

Through real-life transactions, this session will take a closer look at the types of coordination occurring between U.S. and foreign governments, how to engage and manage the full range of stakeholders that influence deal outcomes – and what this reveals for future transactions. Speakers will delve into the Ericsson regulatory approval to complete the acquisition of Vonage, the CFIUS review of Chinese conglomerate, Fufeng Group and the TikTok ByteDance merger.

• Managing controversy and optimizing outcomes – crafting a deal narrative, activating support, leveraging social media, and connecting with Congress

• Weaponizing CFIUS – how competitors and adversaries can steal the deal

• Exploring CFIUS jurisdiction and what causes intervention in a transaction

• What can now constitute a national security threat

• What constitutes U.S. business: The extent of a U.S. nexus

• Identifying what qualifies as a transaction, and what doesn’t?

• What can be considered as interstate commerce under the regulations?

3:45 Closing Remarks from the Conference Co-Chairs and Conference Concludes

About us:

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With a global platform of more than 3,000 lawyers in 18 cities across the United States, Europe and Asia, Kirkland & Ellis provides elite legal services and a relentless commitment to client service. Kirkland is a market-leader in each of its core practice areas, including private equity, M&A and other complex corporate transactions; investment fund formation and alternative asset management; restructurings; high-stakes commercial and intellectual property litigation; and government, regulatory and internal investigations.

Global Sponsorship Opportunities

Maximize your experience by adding this half-day event to your registration (available for in-person attendance only).

TEAM TELECOM

CONFER E NCE CHAIRS

Janine Slade

Special Counsel

Covington & Burling LLP

Former Deputy Director, Foreign Investment Risk Management, U.S. Department of Homeland Security (DHS)

Belinda Nixon

Partner Perkins Coie LLP

GOVERNMENT SPEAKERS

Devin DeBacker Chief, Foreign Investment Review Section, National Security Division U.S. Department of Justice

Hunter Deeley

Assistant Bureau Chief, Enforcement Bureau Federal Communications Commission (FCC)

Benjamin Goldsmith

Principal Scientific Officer, National Security Division

U.S. Department of Justice

Desiree Hanssen

Attorney-Advisor

Alice Suh Jou

User-Alt

Attorney, National Security Division

U.S. Department of Justice

Lee G. Licata

Deputy Section Chief for Telecom and Supply Chain

U.S. Department of Justice

Tyler Wood

Deputy Chief for Compliance and Enforcement

U.S. Department of Justice

3nd National Forum on April 12, 2023

The Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, commonly referred to as the Team Telecom Committee, is expanding its scope and jurisdiction as it reviews applications for telecom licenses, deals and other requests made to the Federal Communications Commission (FCC). Implementation of the relatively new structure and filing system continues to have uncertainty and grey areas.

Join us for this half-day program on critical strategies for managing reviews in the new Team Telecom environment, meeting new timelines, addressing uncertainty, and overcoming newfound challenges and pitfalls.

Agenda-at-a-Glance

8:30

Opening Remarks from the Co-Chairs

8:45

The Interplay Between Team Telecom Reviews and FCC Enforcement Action

9:30

Biden Executive Order to Safeguard Personal Sensitive Data-and the Interplay with Team Telecom: A Closer Look at Heightened Security Requirements and More

10:15

Secure Internet Routing: How Increased FCC Scrutiny Will Alter Your Business Operational Planning

11:00

Networking Break

11:15

CASE STUDIES: Analyzing the Impact of Recent Appellate Court Cases Involving the FCC and China

12:00

The Move Toward Standardized Terms in Mitigation Agreements: Expected (and Unexpected) Pain Points of Standard and Non-Standard Terms

12:45

When Team Telecom Will Revisit Your Licensing Agreements: How New Technology Advancements are Prompting Enhanced Scrutiny

1:30

Conference Concludes

UPCOMING RELATED EVENTS

June 7 – 8, 2023 • London March 29 – 30, 2023 • San Francisco, CA September 2023 • Washington, DC

VENUE INFORMATION

Hilton Towers Arlington VA 950 North Stafford Street Arlington, VA 22203, United States

1 703-528-6000

ACI is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “ACI CFIUS”

Please note that the guest room block cut-off date is March 24th, 2023 After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

Book with Confidence!

WORRY FREE

Registration

Register and pay to lock in your early rate and be eligible for a full refund until March 30, 2023.

If you are unable to attend for any reason, you will have the following options:

y A full credit note for you, or a colleague to attend another event.

y A full refund.

PLEASE NOTE THE FOLLOWING PANDEMIC-RELATED PROTOCOLS:

ACI conferences and events will be organized in accordance with the latest health and safety regulations, guidelines, and recommendations, directed by the CDC and local government authorities. Attendees are advised to consider their personal health needs.

Attendees are asked to self-screen in the days leading up to, before and after attending an ACI event and/or conference.

We will continue to monitor the health situation and relevant authorities. Changes to health and safety measures may be made by ACI at any time as required.