PLAY RECORDING

Broadcast Date: Thursday, December 09, 2021
from 3:00 pm to 4:00 pm (ET)

Overview:

National Security threats drive key trade, enforcement, and foreign investment policies across administrations. Valuable technology and processes and sensitive information are increasingly being targeted by state actors – or affiliates of state actors – at an alarming rate for economic or national strategic advantage to devastating consequences to U.S. industry and national security. In this LIVE webcast, experienced national security and international trade lawyers David P. Burns (Gibson, Dunn & Crutcher LLP) and Sohan Dasgupta, Ph.D. (Schaerr | Jaffe LLP) will provide a comprehensive discussion of the recent policies and regulatory and enforcement developments that attempt to address these threats.

Key topics include:

  • Theft of Intellectual Property and Economic Espionage: The Threat and Recent Prosecutions
  • Cyberattacks and Ransomware: Recent Prosecutions and the Pros and Cons of Cooperating With Law Enforcement During an Attack
  • Sanctions and Export Controls Enforcement: The National Security Division’s Revised Voluntary Self-Disclosure Policy and Recent Enforcement Actions
  • Demystifying the Foreign Agents Registration Act
  • The Future of the Committee on Foreign Investment in the United States (“CFIUS”) in Light of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) and 5G
  • EO 14032 and the Biden Administration’s Sanctions on Investments in Chinese Companies’ Securities
  • Forthcoming FCC Rules Implementing the Secure Equipment Act To Sideline Huawei, ZTE, and Other Covered Communications Equipment Providers
  • Other Biden Administration Policies: Office of Foreign Assets Control’s (“OFAC”) Recent Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments and Bureau of Industry and Security’s (“BIS”) Nanotechnology and Software Export Controls

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of national security and international trade law

 

Course Code:

149474

 

NY Category of CLE Credit: 

Areas of Professional Practice

 

Total Credit:

1.0 CLE

Speaker Panel:

David P. Burns, Partner
Gibson, Dunn & Crutcher LLP

David Burns is a partner in the Washington, D.C., office of Gibson, Dunn & Crutcher.  He is the co-chair of the firm’s National Security Practice Group, and a member of the White Collar and Investigations and Crisis Management practice groups.  His practice focuses on national security, white-collar criminal defense, internal investigations, and regulatory enforcement matters.  Prior to re-joining the firm, Mr. Burns served in senior positions in both the Criminal Division and National Security Division of the U.S. Department of Justice. As Principal Deputy Assistant Attorney General of the National Security Division he supervised the Division’s investigations and prosecutions, including counterterrorism, counterintelligence, economic espionage, cyber hacking, FARA, disclosure of classified information, and sanctions and export controls matters.

Sohan Dasgupta, Ph.D., Senior Counsel
Schaerr Jaffe LLP

Sohan Dasgupta, Ph.D., is a Senior Counsel at Schaerr | Jaffe LLP. His practice involves litigation; investigations; regulatory affairs; national security and international trade; and international arbitration. Prior to joining Schaerr | Jaffe, Dr. Dasgupta served as the Deputy General Counsel of the United States Department of Homeland Security (DHS). Dr. Dasgupta played a prominent role in numerous matters involving our national security, intelligence, domestic policy, and international trade. He clerked on the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Southern District of West Virginia.  Dr. Dasgupta earned his JD from U.C. Berkeley (Order of the Coif) and his PhD in international trade and arbitration from the University of Cambridge.

Agenda:

SEGMENT 1:

David P. BurnsPartner

Gibson, Dunn & Crutcher LLP

  • Sanctions and Export Controls Enforcement: the National Security Division’s revised voluntary self-disclosure policy and recent enforcement actions
  • The Foreign Agents Registration Act: an overview, the scope of agency, the lawyer’s exemption, and recent enforcement actions
  • Theft of Intellectual Property and Economic Espionage: The PRC threat and recent prosecutions
  • Cyberattacks and Ransomware: Recent prosecutions and the Pros and Cons of Cooperating with Law Enforcement during an attack.

SEGMENT 2:

Sohan Dasgupta, Ph.D., Senior Counsel

Schaerr Jaffe LLP

  • The Future of the Committee on Foreign Investment in the United States (“CFIUS”) in Light of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) and 5G
  • EO 14032 and the Biden Administration's Sanctions on Investments in Chinese Companies' Securities
  • Forthcoming FCC Rules Implementing the Secure Equipment Act to Sideline Huawei, ZTE, and Other Covered Communications Equipment Providers.
  • Other Biden Administration Policies: Office of Foreign Assets Control's ("OFAC") recent advisory on potential sanctions risks for facilitating ransomware payments and Bureau of Industry and Security's (“BIS”) nanotechnology and software export controls

Materials:

Download Course Materials

Who Should Attend:

  • International Trade Law Attorneys
  • National Security Attorneys
  • General Counsel
  • Top-Level Executives
  • Trade Compliance Administrators and Managers
  • Risk and Compliance Officers
  • Legal and Compliance Executives
  • International Trade and National Security Policymakers in Congress and the Executive Branch

SPEAKERS

David P. BurnsPartner
Gibson, Dunn & Crutcher LLP
Sohan Dasgupta, Ph.D.Senior Counsel
Schaerr Jaffe LLP

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