Celesq® Attorneys Ed Center
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Programs in International Law & Global Trade

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The Foreign Corrupt Practices Act: For Small and Medium Size Businesses and Their Owners (01/21/2021)

Program Number: 3118 Presenter: Sixtine Bousquet-Lambert, Esq., Luke McGrath, Esq., Carolina Pineda-Martinez, Esq., Eden P. Quainton, Esq., Ludovico Rossi, Esq.

The Foreign Corrupt Practices Act is a major source of liability for US companies doing business abroad as well as for non-US companies with subsidiaries, listings or even transient contacts in the US. Many of the high-profile cases over the past decade have involved large multinationals such as Total, Alcatel, Eni and Tyson Foods. But the SEC and DOJ are increasingly turning their attention to individuals as a means of putting teeth in the FCPA. In addition, smaller companies have been caught in the cross-hairs of the US regulators and have faced fines reaching in the tens of millions of dollars—very significant amounts for smaller companies. Finally, the reputational risk associated with an SEC or DOJ enforcement action can permanently damage a company’s goodwill regardless of its size. As a result of the foregoing, small and medium sized businesses and their owners would be well advised to be

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The Trouble with TikTok & Other Cautionary Foreign Investment Tales: Navigating the New CFIUS Landscape (02/19/2021)

Program Number: 3117 Presenter: David Hall, Esq., Tahlia Townsend, Esq.

As headline grabbing actions around TikTok, StaynTouch, Grindr, and PatientsLikeMe demonstrate, the risks associated with foreign investment in the U.S. have substantially increased. New regulations significantly tightened the rules governing overseas investment into U.S. businesses in 2020, dramatically expanding the circumstances in which pre-investment notification to the Committee on Foreign Investment in the United States (CFIUS) is either mandatory or recommended. This session will cover when foreign investments in the U.S. may trigger mandatory pre-transaction notification requirements, and when voluntary notification may be advisable; the impact of the recent increased focus on security of sensitive personal data; why understanding U.S. export controls is now essential to the CFIUS analysis; the key steps and timelines for making a CFIUS filing; the consequences of not making a filing when required or recommended; and key recommendations for investment due diligence and planning.

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Evolving Foreign Trade Risks Under CFIUS: What Lies Ahead? (02/10/2021)

Program Number: 3112 Presenter: Michael Clark, Esq., Alan F. Enslen, Esq., Aldo M. Leiva, Esq., Hon. Joe D. Whitley, Esq.

The panelists will provide an overview of key changes to U.S. dual-use export controls in the past 18 months and enforcement initiatives relating to ongoing interagency efforts to designate and safeguard U.S. emerging and foundational technologies, and the continued evolution of regulations and policies governing national security reviews of foreign direct investment into the United States—along with observations about the anticipated status of these initiatives in the next year. Attention will also be given to cybersecurity due diligence for covered transactions, how investigations get launched, opportunities for assisting clients, such as internal investigations and examining compliance issues, and an overview of potentially applicable federal statutes that may be implicated.

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Challenging the SEC in Federal Court: Recent Developments in Case Law and Practice Notes (01/14/2021)

Program Number: 3103 Presenter: Jay A. Dubow, Esq., Mary Grace W. Metcalfe, Esq., Ghillaine A. Reid, Esq.

Challenging an ongoing investigation by the SEC is a daunting task, particularly for those identified as subjects of the investigation. Two recent holdings, one by the Third Circuit in Gentile v. Sec. & Exch. Comm’n, 2020 WL 5416297 (3d Cir. Sept. 10, 2020) and the other by the United States District Court for the District of New Jersey in Sec. & Exch. Comm’n v. Gentile, 16-cv-01619-BRM-JAD (Order Sept. 29, 2020), both of which involved the same parties, offer some clarification on when and how best to mount such a challenge. The Third Circuit’s opinion makes clear that the SEC’s ability to investigate is one of the “rare circumstances” in which an agency’s action is exempt from the waiver of sovereign immunity that might otherwise apply under the Administrative Procedure Act and, as a result, is not subject to judicial review. By contrast, the district court’s opinion reinforces that, once an investigation

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CFIUS and Foreign Investment in the United States: Navigating a New Regulatory Regime (05/06/2020)

Program Number: 3089 Presenter: Tyler Grove, Esq., Sydney Stringer, Esq.

Since the 1980s, the Committee on Foreign Investment in the United States (CFIUS) has had the power to review and block certain transactions by foreign parties in the United States that have raised “national security” concerns. Since the Foreign Investment Risk Review Modernization Act (FIRRMA) became law in August 2018, and new regulations implementing FIRRMA became effective in February 2020, the scope CFIUS’s jurisdiction has broadened dramatically, and CFIUS has increasingly used this jurisdiction to block proposed investments and even require divestment of consummated transactions. This presentation will provide an overview of the new regulations applicable to foreign investment review; summarize recent enforcement actions and trends; and provide practical guidance for navigating this complex regulatory environment.

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Sovereign and Central Bank Digital Currency – Is Cash Still the King? (05/27/2020)

Program Number: 3079 Presenter: Joel Telpner, Esq., Mari Tomunen, Esq.

With the ease of using a mobile bank, one might forget that all current monetary systems are based on the fact that technically only physical bills and coins are legal tender. The need to build digital layers on top of this setup leads to inherent friction. Why is not money natively digital? After the rise of Bitcoin and other digital blockchain based assets, practically every central bank around the world is now exploring the potential risks and benefits of turning money digital. The attorneys in this program are helping countries to issue natively digital sovereign currencies. They discuss the reason and future of Central Bank Digital Currencies, different approaches that countries are taking, and the roadblocks that need to be overcome before this major shift in the theory and makeup of money can happen.

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Bracing for the “Terrible 2’s”? GDPR, Almost Two Years In (04/21/2020)

Program Number: 3051 Presenter: Peter Hense, Esq., Odia Kagan, Esq.

Almost two years into the EU General Data Protection Regulation (GDPR), what have we learned? In this presentation Odia Kagan, Partner and Chair of GDPR Compliance and International Privacy at Fox Rothschild, LLP, will discuss the final version of the EDPB extraterritorial guidelines, recent enforcement, statements by the regulators, criticism about lack of enforcement and what can companies subject to GDPR expect for the upcoming year.

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How Trade Finance is Using Blockchain and Distributed Ledger Technology (02/06/2020)

Program Number: 3041 Presenter: Lourdes C. Miranda

This program includes understanding how the financial world can benefit from using blockchain and distributed ledger technology to facilitate the trade finance process. Trade finance signifies financing for both domestic and international trade transactions that requires a seller of goods and services as well as a buyer. Financial institutions, cryptocurrency exchanges, clearing houses, merchants, vendors, and consumers are seeking efficient methods to mitigating risks, reducing costs, and minimizing verification and networking costs to sending and receiving cross-border payments.

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FCPA Investigation Resolutions – When is Final Truly Final? (10/28/2020)

Program Number: 30263 Presenter: William E. Lawler III, Esq., Jane Thomas, Esq., Shawn M. Wright, Esq.

The resolution of an FCPA case with the Department of Justice or the Securities and Exchange Commission will be accompanied by government press releases announcing the conclusion of investigations and media stories indicating that the matter is “over" for the company involved. The company and its counsel may breathe a sigh of relief, but the reality is that even after settling an FCPA investigation with the US government, companies can continue to face serious risks of further liability. In this session we will explore some of the risks of continuing liability including: follow-on enforcement actions by non-US authorities and nongovernmental authorities such as the World Bank; civil litigation, including shareholder class actions and claims against officers and directors personally; and the newly developing area of claims under US Federal Victims of Crime Compensation laws. Attendees will learn about relevant precedents in these areas, emerging trends and best practices for evaluating

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Analysis of Descriptive versus Generic Trademarks and Establishing Secondary Meaning /Acquired Distinctiveness in the EU, UK and the US (11/05/2020)

Program Number: 30262 Presenter: Sean C. Fifield, Esq., Ben Hitchens, Esq., Robert E. Nail, Esq., Paul Sweeden, Esq.

The program will explore the distinctions between descriptive and generic marks in the United States, the United Kingdom and the European Union and the impact of the recent Booking.com case in the United States. The program will then discuss the requirements for protecting a descriptive trademark by establishing secondary meaning in the United States, the United Kingdom and the European Union. We will explore the types of evidence and relevant factors that will be considered in the United States when establishing secondary meaning. In Europe, the scope of usage required to acquire distinctiveness through secondary meaning in the United Kingdom will be explored and compared to that required in the European Union. The presentation will also discuss the impact of Brexit transition rules upon the acquisition of secondary meaning, particularly the relevance of use in the UK to the maintenance of trade mark rights in the EU, and vice

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