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Companies, organizations, investors, and counsel are encountering a changed international business and regulatory environment. A potent combination of geo-political and national security tensions, populist political energy, and technological acceleration and convergence is dramatically impacting government regulation of foreign investment, international trade and technology transfers, data and privacy controls, and network and supply chain security. Indeed, the past year has marked an inflection point in US policy and statutory changes that already have and will continue to significantly affect regulatory expectations and activity, including (among others):
- Significant expansion of regulatory authority and activity related to national security review of Foreign Direct Investment;
- Increased regulation of exports (including any access to controlled technical data by non-US persons) of emerging and foundational technologies, including such commercial areas as artificial intelligence, advanced computing, data analytics, and biotechnologies;
- An executive order and implementing regulations barring US companies from using IT and communications technology and services provided by companies or nationals of US adversaries;
- Sanctions denying Chinese telecom leader Huawei and several Chinese advanced computing companies from receiving US technology or products; and
- Aggressive use of tariffs as an instrument of national security and economic policy.
These dynamics are not limited to the United States. Australia, Europe, Canada, Japan, Israel, and China, among others, are reevaluating or changing their national security-related investment, trade, and technology controls to account for a more contentious and unstable global environment.
While this changing environment presents new challenges for corporate transactions and deal making, it also creates opportunities for companies, organizations, investors, and counsel who strategically engage and adapt. Cross-border transactions can still get done. Parties that plan for and implement management, operational, and technical controls and solutions that proactively address security and regulatory concerns in this environment will have an advantage in the market and unlock value for their stakeholders.
This seminar will bring together industry, financial, and policy experts; attorneys and professional service providers; US and foreign Government officials; academic and policy commentators; and corporate and organization executives who operate at the intersection of policy, technology, trade, and finance to deliver interdisciplinary insight into the risks and opportunities of a dynamic world. The seminar will be comprised of four interdisciplinary panels: one focused on policy and macro developments; one on technology developments and controls; one on foreign investment controls; and one on developments in commercial trade and supply chain/network security.
What You Will Learn
- What macro drivers underlie changing security policy and regulatory priorities
- Legislative and regulatory changes, including the Financial Investment Risk Review Modernization Act (FIRRMA) and the Export Control Reform Act (ECRA)
- US regulators’ priorities as they seek the right balance between prosperity, innovation, and security
- US and Chinese efforts to secure and segregate supply chains and networks
- Practical impact (i.e., risk, time, and money) policy and regulatory changes are generating in the business, financial, and innovation environment
- Industries and sectors where changed policies and regulation will have the greatest impact: Technology, Infrastructure, Data, and Real Estate
- Practical approaches that companies, organizations, counsel, and investors may take to mitigate risk and maximize opportunity in the current policy environment.
CPE Program Level: Basic
Prerequisite: A background in the preparation of public reporting and disclosure documents, particularly with respect to international transactions.
Intended Audience: Lawyers, corporate officers, risk managers, technology managers, and compliance personnel involved in technology, infrastructure, data, real estate, FDI, and cross-border transactions.
Advanced Preparation: None