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The American Conference Institute's 8th National Conference on CFIUS

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On April 26, Brandon’s case study session, “Recent, Significant CFIUS Transactions and What They Reveal About Future Deals: Lesser-Known Takeaways from Magnachip, Tencent, TikTok, ByteDance, and More” will focus on the precedent-setting action taken against Magnachip Semiconductor Ltd. and practical questions arising from this case.



Join Morrison & Foerster partners Charles Capito and Brandon Van Grack at American Conference Institute’s 8th National Conference on the Committee on Foreign Investment in the United States (CFIUS) on April 26 and 27, 2022. Considered the premier event for the CFIUS bar, this conference will provide invaluable insights on repositioning your transaction planning in today’s rapidly evolving landscape.On April 26, Brandon’s case study session, “Recent, Significant CFIUS Transactions and What They Reveal About Future Deals: Lesser-Known Takeaways from Magnachip, Tencent, TikTok, ByteDance, and More” will focus on the precedent-setting action taken against Magnachip Semiconductor Ltd. and practical questions arising from this case.On April 27, Charles’s session,“Bankruptcy, Foreclosure, and Debt Conversion and the Interplay with CFIUS: The Lesser-Known Takeaways for Pending and Future Transactions” will address topics including<ul><li>Determining which types of transactions are being flagged for review, and which transactions are subject to divestment orders;</li><li>Examining potential red flags when selling company assets including transactions involving personal data;</li><li>Anticipating national security concerns and proactively providing solutions during bankruptcy filing;</li><li>Deciphering the best time to make a CFIUS filing amid bankruptcy transactions; and</li><li>Coordinating multiple CFIUS filings.</li></ul>Follow this link for more information on the event and <a target="_blank" href="https://www.americanconference.com/CFIUS/">how to register.</a><hr>

The American Conference Institute's 8th National Conference on CFIUS

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Charles Capito is a partner in both Morrison Foerster’s National Security and Government Contracts + Public Procurement practices.In the National Security space, he has significant experience counseling clients on the complex and evolving considerations related to the Committee on Foreign Investment in the United States (CFIUS). Charles frequently helps investors and U.S. businesses through every aspect of the CFIUS process, from understanding and allocating CFIUS risk on the front end, to presenting cases before the Committee, to negotiating appropriate mitigation measures, and ultimately to implementing and complying with mitigation agreements after the fact. Charles’ experience includes securing clearances for some of the largest and most sensitive cases reviewed by CFIUS, as well as dozens of more discreet transactions and investments.Charles regularly advises clients on critical regulatory regimes in the national security space. Whether in the context of specific transactions or day-to-day counseling, clients rely on Charles to help them comply with and operate under U.S. export controls, in particular, the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). These regimes, especially the EAR, are undergoing noteworthy and complex changes, and now play key roles in other legal regimes like CFIUS. In addition, government contractors with access to classified information and their investors go to Charles to understand their obligations under the National Industrial Security Program (NISP) and, in particular, the sensitive issues presented by foreign ownership, control, or influence (FOCI) in this space.Companies operating in today’s national security space are wise to take a holistic view of the legal environment incorporating not only their legal obligations today, but also the wider geopolitical landscape to plan for the future. Charles speaks and writes regularly on these and other topics in the national security space, and has been recognized by legal publications like Chambers USA and Best Lawyers for his expertise in these areas.Charles is also a seasoned Government Contracts practitioner, assisting government contractors with a wide variety of compliance and litigation issues. This includes the numerous national security issues government contractors face when they are subject to FOCI, manufacture or export defense articles under the ITAR or sensitive dual-use technology under EAR, or are required to understand and comply with recent compliance regimes like Section 889 of the 2019 National Defense Authorization Act. Charles also has years of experience on pre- and post-award bid protests before the Government Accountability Office and the Court of Federal Claims, and contracts claims and disputes before the boards of contract appeals, and other judicial and administrative tribunals.  Additionally, he counsels clients on prime- and subcontractor disputes, small business issues, compliance with federal procurement regulations, and government contracts mergers and acquisitions.Charles graduated from Washington & Lee University School of Law, where he served as senior articles editor of the Washington & Lee Law Review. He received his Bachelor of Arts degree from Duke University.

Charles Capito

Partner

Brandon L. Van Grack co-chairs Morrison Foerster’s National Security and Global Risk + Crisis Management groups. His practice focuses on investigations, criminal defense, and compliance matters involving sanctions and export controls, foreign investment, and cyber incidents. Brandon’s arrival to Morrison Foerster follows more than a decade of service at the U.S. Department of Justice (DOJ), where he held multiple senior national security positions. In those positions, he helped identify and manage the U.S. government’s tools to address perceived national security threats in China and Russia, oversaw every criminal investigation involving sanctions and export controls, was Chief of DOJ’s Foreign Agents Registration Act (FARA) Unit, and served as a lead prosecutor for Special Counsel Robert S. Mueller III’s investigation of the Russian government’s efforts to interfere in the 2016 presidential election.Brandon’s leadership and breadth of national security experience offers clients in the financial services, technology, healthcare, defense, media, and communications sectors unmatched insider enforcement perspective across the entire national security landscape, including sanctions, the Committee on Foreign Investment in the United States (CFIUS), export control, cybersecurity matters, and FARA.<h4>Investigations & White Collar Defense</h4>At the DOJ, Brandon led and supervised some of the government’s most notable national security investigations. He served as Senior Assistant Special Counsel for the Special Counsel’s Office, handling some of the office’s most significant matters. As one of Special Counsel Mueller’s top deputies, Brandon led the investigation and prosecution of former National Security Advisor Michael Flynn and was a key member of the trial team that successfully prosecuted Paul Manafort, a former presidential campaign manager. Prior to the appointment of Special Counsel Mueller, Brandon headed the entire Russia investigation, at the direction of the Acting Attorney General.Brandon also managed significant corporate investigations and resolutions across the national security spectrum. As Counsel to the Assistant Attorney General for National Security, and a Trial Attorney in the Counterintelligence & Export Control Section, he worked on the resolution of almost every significant corporate matter pertaining to export control and sanctions violations in the last decade and is one of the few attorneys to have managed the DOJ’s Voluntary Self-Disclosure Program for export control and sanctions violations. As Chief of the FARA Unit, he directed scores of investigations of companies for acting as unregistered foreign agents.<h4>Sanctions, Export Control, & Foreign Investment</h4>As Counsel to the Assistant Attorney General, Brandon oversaw every criminal investigation involving export control and sanctions and led the DOJ’s response to the Obama Administration’s rollback of sanctions targeting Iran—the Joint Comprehensive Plan of Action (JCPOA). As a Trial Attorney, he prosecuted more than 30 export control and sanctions cases, including first‑ever cases involving North Korea, weapons of mass destruction, and the Atomic Energy Act. Brandon has also handled the review of transactions before CFIUS and Team Telecom across multiple administrations. During the Obama Administration, he managed the DOJ’s review of transactions before CFIUS and more recently led DOJ’s review of transactions involving foreign influence before CFIUS and Team Telecom.<h4>FARA and the Lobbying Disclosure Act</h4>As Chief of the FARA Unit, and the first official to supervise all foreign influence matters across the DOJ, Brandon revitalized and transformed the enforcement of FARA. Following the DOJ’s announcement making FARA an enforcement priority, he supervised a team of 40 attorneys and staff that opened a record number of investigations, pursued a record number of enforcement actions, secured a record number of registrations, and obtained the first civil injunction involving FARA in nearly three decades. Brandon also directed the review of Lobbying Disclosure Act (LDA) filings for criminal violations and regulated the exemption under FARA for LDA registrants. Currently, he is writing the book on FARA enforcement for the American Bar Association.<h4>Cybersecurity</h4>As a long-time prosecutor, including as a Special Assistant U.S. Attorney for the U.S. Attorney’s Office for the Eastern District of Virginia, Brandon directed complex cyber investigations, including multiple matters involving state-sponsored cyberattacks. He prosecuted the first person convicted as a cyberterrorist and led the investigation of an international hacking group for identity theft, extortion, and dozens of spearphishing attacks against public and private entities. He also collaborated with other government agencies, such as the Securities and Exchange Commission, Federal Bureau of Investigation, and the Department of Homeland Security, to facilitate cooperation from corporate victims and disseminate threat information.During his time at the DOJ, Brandon handled the entire range of national security matters. He led and supervised investigations and prosecutions involving espionage, economic espionage, mishandling of classified information, and theft of trade secrets. He also directed investigations involving treason, mutiny, the Neutrality Act, and the Logan Act.Brandon has been widely recognized for his deep experience in handling national security matters, and keynotes and speaks at industry conferences involving export control and sanctions, CFIUS, FARA, and political activities. He has received numerous awards for his work, including the Attorney General’s Award for Distinguished Service (2018), the FBI Director’s Award for Outstanding Cyber Investigation (2017), the Director of National Counterintelligence’s Award for Excellence (2019), the Homeland Security Investigations Executive Associate Director’s Award for Outstanding Counterproliferation Investigation (2014), and five awards from the Assistant Attorney General for National Security.Brandon regularly provides insight on national security issues and DOJ matters with national media. He is a frequent contributor on cable news, including MSNBC’s <a href="https://www.mofo.com/resources/video-audio/220815-what-matters-what-doesnt-dojs-trump-papers-probe">The Rachel Maddow Show</a>, <a href="https://www.mofo.com/resources/video-audio/220916-brandon-van-grack-doj-has-no-option-but-to-appeal">Deadline: Whitehouse</a> and <a href="https://www.mofo.com/resources/video-audio/220818-doj-alum-national-security-interests-paramount">All In with Chris Hayes</a>, ABC's <a href="https://www.mofo.com/resources/video-audio/220903-judge-unseals-detailed-inventory-of-what-fbi-seized-at-mar-a-lago" target="_self">Good Morning America</a>, NBC's <a href="https://www.mofo.com/resources/video-audio/230413-pentagon-scrambles-to-find-source" target="_self">Meet the Press</a>, CNN, BBC News, Sky News and NHK World. He also regularly appears on NPR’s <a href="https://www.npr.org/2022/08/29/1119889642/a-former-federal-prosecutor-reacts-to-the-redacted-mar-a-lago-affidavit">Morning Edition</a>. He has been quoted on a variety of national security topics in the Wall Street Journal, New York Times, and Washington Post, among others, and is a Contributing Editor to the Lawfare blog.

Brandon L. Van Grack

National Security, CFIUS, FARA, Sanctions + Export Controls

The American Conference Institute's 8th National Conference on CFIUS - 576303691

The American Conference Institute's 8th National Conference on CFIUS

26 Apr 2022 - 27 Apr 2022