Executive Roundtable on CFIUS and BIS Update: How Regulations Impact the Tech Industry with Mark Cohen

On Wednesday, May 12, Asia Society Northern California will host an off-the-record Executive Roundtable program on how regulations from CFIUS (The Committee on Foreign Investment in the United States) and BIS (Bureau of Industry and Security) impact the Tech Industry with James Mendenhall, Partner of Global Arbitration, Trade, and Advocacy at Sidley Austin; Karalyn Mildorf, Partner Global International Trade and Global Mergers & Acquisitions Practices at White & Case LLP; and the Honorable Nazak Nikakhtar, Partner at Wiley Rein LLP.  Thank you to our sponsor Sidley Austin​​​​​​​.

The executive roundtable discussion will assess the CFIUS reform legislation, including the substantial interplay of CFIUS, BIS, and export controls on the tech industry, as well as how CFIUS will evolve during the Biden administration. Senior Distinguished Research Fellow and Lecturer in Law at Berkeley Law and Asia Society Northern California Board Member Mark Cohen will moderate the discussion. 

For further information on CFIUS, please download Mark Cohen's article on Licensing intellectual property in a changing trade environment, White & Case's Foreign direct investment reviews 2020: A global perspective, and their CFIUS FIRRMA Tool.

AGENDA

Date: Wednesday, May 12 from 4:00 p.m. - 5:00 p.m. Pacific

Groundbreaker and Innovator Event. Please email James Gale at JGale@asiasociety.org if you are interested in attending. Space is limited.

4:00 p.m.   Program Begins
5:00 p.m.   Program Concludes

Link to join virtually will be emailed to guests the day before and an hour before the program is scheduled to begin from James Gale at JGale@asiasociety.org.  

SPEAKER BIOGRAPHIES

James Mendenhall

James Mendenhall is a partner in the Global Arbitration, Trade and Advocacy group in the law firm of Sidley in Washington, D.C., concentrating on international arbitration, international trade policy, trade litigation and proceedings before the Committee on Foreign Investment in the United States (CFIUS). Mr. Mendenhall has served as counsel in numerous investor-state arbitration proceedings, including under ICSID and UNCITRAL arbitration rules. He has advised clients on international trade negotiations, market access issues, intellectual property policy, product standards, trade policy, national security regulations and U.S. legislative matters. He has represented clients across many sectors, including e-commerce, high-tech, pharmaceuticals, financial services, telecommunications and consumer goods. 

From 2005 to January 2007, Mr. Mendenhall served as the General Counsel of the Office of the United States Trade Representative (USTR). In that capacity, Mr. Mendenhall supervised U.S. participation in World Trade Organization and NAFTA disputes and handled all legal aspects of U.S. bilateral, regional and multilateral trade negotiations. Mr. Mendenhall also served as the principal U.S. negotiator of the United States-Canada Softwood Lumber Agreement and was the USTR representative on the Committee on Foreign Investment in the United States (CFIUS).

Karalyn Mildorf

Karalyn Mildorf is a partner in of Global International Trade and Global Mergers & Acquisitions Practices at White & Case LLP, and is a member of the Firm's Foreign Direct Investment (FDI) Reviews & National Security and CFIUS (Committee on Foreign Investment in the United States) practice. She focuses her practice on national security reviews before CFIUS and foreign ownership, control or influence (FOCI) mitigation matters.

She has advised clients on CFIUS issues in hundreds of transactions covering a wide variety of industries and investor countries, and has extensive experience with national security requirements in connection with complex transactions.

The Honorable Nazak Nikakhtar

The Honorable Nazak Nikakhtar brings over two decades of experience in international trade and national security to help clients succeed in the domestic and global marketplace. Through leadership roles in the U.S. government and private sector, Nazak has leveraged her valuable insights into the expansive range of U.S. and international laws, regulatory and policy processes, and federal agency resources to achieve clients’ business objectives.

Prior to joining Wiley, Nazak served as Assistant Secretary for Industry and Analysis at the U.S. Department of Commerce’s International Trade Administration. She also served as the U.S. government’s top official for export controls on dual-use items and technologies, performing the non-exclusive functions and duties as Under Secretary for the Bureau of Industry and Security. During her tenure at the Commerce Department, Nazak was the agency’s primary liaison with U.S. industry and trade associations, and she shaped major initiatives to strengthen U.S. industry competitiveness, promote innovation, and accelerate economic and job growth. As one of the key national security experts in the U.S. government, she developed and implemented innovative laws, regulations, and policies to safeguard strategically important technologies, strengthen the U.S. industrial base, and protect the national security and foreign policy interests of the United States. As the Department’s lead on the Committee on Foreign Investment in the United States (CFIUS), she played a key role in shaping U.S. investment policy. As the head of the agency’s trade policy office, she advised the U.S. government on legal and economic issues impacting critical technologies, advanced manufacturing, financial services, e-commerce, data privacy, cybersecurity, critical minerals/rare earths, and energy competition.

Mark Cohen (moderator)

Mark Cohen is Senior Distinguished Research Fellow and Lecturer in Law at Berkeley Law.  He was formerly the Senior Advisor to the Director of the US Patent and Trademark Office (USPTO), a visiting professor at Fordham Law, a Director of International IP Policy at Fordham Law, the first USPTO official resident in China, and general counsel of a mid-sized pharmaceutical company.  Among his many honors, Mark is the recipient of the Meritorious Service Award, the highest award granted to the Federal Service, which was awarded by the President of the United States for Mark's work on technology transfer with China.

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