7th Annual Homeland Security Law Institute

  • Post-Conference Materials

  • Message From Joe Whitley

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CLE Credits

THE HONORABLE ALAN D. BERSIN will discuss his former role as Commissioner of CBP and how CBP is making new strides to protect and secure our borders. He will share his views on what to expect in the coming year with regards to technology, enforcement and regulation.

The chief executives from DHS, NSD, DOJ, DNIA and CIA, as well as the National Geo-Spatial Intelligence Agency and FBI will review current issues in their respective agencies regarding the law and policy issues within Homeland Security.

This panel will provide an overview of significant regulatory initiatives of DHS in 2012. Panel members will provide a summary of the first session of the 112th Congress and status of significant homeland security legislation, such as S.1546, the Department of Homeland Security Authorization Act of 2011.

Detecting and deterring homegrown threats requires unprecedented coordination among federal, state, and local officials, and keen knowledge of local communities and both national and international trends. This panel will debate the facts at issue and the policy choices available to officials. Brendan Shields, Republican Director of Homeland Security Policy for the Senate Homeland Security & Governmental Affairs Committee, will discuss the Committee’s five-year record of work on the issue of violent Islamist extremism, including the Committee’s 2011 report on the Fort Hood attack. He also will discuss the Committee’s view of the Administration’s record on violent Islamist extremism, arguing that while the Committee appreciates the Administration’s effort, much more needs to be done and at a far faster pace given the growing nature of the threat. Daveed Gartenstein-Ross, of the Foundation for Defense of Democracies, will focus on what he describes as the nation’s decision to use vague, imprecise language in referring to the enemy in this conflict—language such as “violent extremism,” removing any reference to Islam, Islamism, jihadism, and so forth. Finally, Judith Miller, of the Manhattan Institute, will focus on the difficult intersection of federal and local counterterrorism efforts, particularly in New York City.

Panel members will discuss the role the U.S. military plays in helping DHS to secure U.S. borders from invasion and terrorist attacks.

This panel will discuss Homeland security aspects of international trade – Bioterrorism Act developments, CTPAT Validation Process developments, "10+2" Security Filing developments, and Certified Cargo in international trade. They will also share developments in protecting rail from asymmetric attack featuring Positive Train Control requirements and the views and role of rail shippers in shaping those rules; and a DOT viewpoint on recent alignments between "Hazardous Materials" as defined by DOT pursuant to the 1975 Hazardous Materials Transportation Act (and its progeny) and "Security-Sensitive Materials" as defined pursuant to the 2007 Implementing 9/11 Commission Recommendations Act; DOT view of TIH rail security regulations two years since adoption. Panel members will also discuss Air cargo security developments; a TSA viewpoint issuance of recent alignments between "Hazardous Materials" as defined by DOT pursuant to the 1975 Hazardous Materials Transportation Act (and its progeny) and "Security-Sensitive Materials" as defined pursuant to the 2007 Implementing 9/11 Commission Recommendations Act; TSA view of TIH rail security regulations two years since adoption.

This panel will explore emerging compliance issues for government contractors, primarily through the lens of in-house counsel. The panel’s emphasis will be on the homeland defense industry, with a particular focus on the U.S. Departments of Defense and Homeland Security. Panel members are all former high-ranking government officials who now are on the cutting edge of compliance issues affecting the industry. This panel is recommended for in-house counsel, lawyers and consultants advising companies, compliance and ethics officers, government officials, and anyone else interested in the challenges and opportunities in this area.

This panel will focus on DHS law enforcement perspectives and the operational components of the agency.

Information sharing is the process of exchanging data by means of various computer networks usually operated by separate organizations. This panel will discuss their perspectives on how information sharing has improved and continues to improve from the Federal, state and local governments to the private sector, and how information sharing allows for a more to-the-minute response to potential threats and acts of terrorism globally and internationally.

The Antiterrorism Act provides a civil cause of action to U.S. Nationals, or their heirs or representatives, who are injured by reason of an act of international terrorism. It operates within the framework of tort law, including recovery for emotional distress, and it also permits recovery of treble damages and attorneys fees. It established a cause of action against those who provide material support or resources for terrorist acts. It also established a cause of action against those who provide or collect funds with the intent or knowledge that they be used to carry out terrorist acts. And it also established a cause of action against those who provide material support or resources, to an organization designated by the US as an FTO, or known to be a terrorist organization. It defines “material support or resources” to include financial services. The Panel will address the key case law concerning banks, which has come out of the federal courts in New York and DC. Panelists will address ATA claims from a defendants’ perspective, as well as all of the cases and related issues from perspectives by a former government official, a law professor, and an advocate.

This panel will focus on the emerging concerns facing homeland security and what can be done to protect the nation against acts of terrorism.

This panel will focus its discussion on the volatility overseas and its affect on America’s Homeland Security.

The panelists will draw upon their experience at the U.S. Department of Homeland Security (which spans the entire history of the agency), on Capitol Hill, and in private practice to provide insight into the biggest immigration- and border security-related challenges facing industry and the Department. These issues include challenges in obtaining high-skilled visas and working with ICE's new prosecutorial discretion policy and similar CIS policies. The panel will also discuss the prospects for enactment of immigration legislation, the politics of immigration as we enter the presidential election cycle, and forthcoming DHS regulations.

Since September 11, 2001, the United States has developed numerous policies, doctrines and frameworks and spent tens of billions of dollars to enhance the nation’s ability to prevent, protect against, respond to and recover from threats and acts of terrorism and other catastrophic risks. Just over ten years since the worst terrorist attacks in American history, the question remains, are we better prepared as a nation as a result of these changes and investments? A panel of homeland security experts, several of them founding members of the Department of Homeland Security, with experience at the local, state and federal levels of government, as well private sector experience, will address this fundamental question.

This panel will focus on the scope of how bad the problem is currently regarding cybercrime, what does a typical APT do, can anyone keep anything secret and secure and what is the risk of serious sabotage using intrusion tools. From the private sector, they would like to focus on what companies are doing in response to its worst threat and is it working? And if so, what technical approaches off hope of succeeding in the future. This panel will discuss technical approaches such as DNSSEC, TPM lockdown, Data Loss Prevention, ect. They will also discuss disclosures and how boards, CEOs and GCs measure the intrusion risk, cost of not protecting systems and themselves. Panel members will also touch on policy challenges and obstacles to an effective government response and the pending bills in the House and Senate.

The panel will explore voluntary programs companies can explore to help better prepare themselves for emergency events, including terrorist attacks. We hear the latest from government and private sectors on the SAFETY Act, which can be used to manage or eliminate terrorist-related liability, as well as the Private Sector Preparedness Program (PS-Prep), which helps organizations prepare themselves for a range of emergency events. We will also explore other voluntary guidelines and preparedness programs available through non-profit organizations to help prepare for disasters.

A panel discussion designed for law students, those considering law school and young lawyers to explore how to turn their interest in homeland security and national security into actual practice. Topics will include: the how/why "homeland security and national security law" (HS/NS) should be considered its own field; what areas within the national security law realm are essential to an interested lawyer and provide a necessary contextual understanding for the field? This panel will further discuss government career trajectory for new hires within a government agency and managing expectations, the role of private sector law firms in homeland security/national security law and opportunities for students/lawyers, the current state of the economy and how that will affect opportunities for employment with government agencies and what areas of law affecting the HS/NS law field are emerging or on the horizon and can be useful for law students and young lawyers to begin actively educating themselves about now (e.g. cyber issues, energy, etc.).

This panel will discuss the latest news and updates relating to Chemical Facility Anti-Terrorism Standards (CFATS) and what to expect in 2012.

Hon. Michael B. Mukasey will discuss his experiences as the Former U.S. Attorney General and his perspective on how the United States is dealing with legal and policy issues on the war against terrorism.

Panel members will discuss international issues relating to the Foreign Corrupt Practices Act (FCPA) and Office of Foreign Assets Control (OFAC) and how DOJ, DHS and other agencies are enforcing these laws, rules and regulations.

This panel will discuss the latest news and issues related to the Committee on Foreign Investment in the United States (CFIUS), which is an inter-agency committee that reviews the national security implications of foreign investments in U.S. companies or operations. They will discuss how recent foreign investments in U.S. companies and organizations within the last few years has affected the United States security interests both nationally and internationally.

The Honorable Frank Keating, President and Chief Executive Officer, American Bankers Association, Washington, DC; Former Governor of Oklahoma

Thursday, March 22, 2012

07:30 AM - 08:45 AM : Continental Breakfast & Registration

08:45 AM - 09:00 AM : Welcome and Introductions

09:00 AM - 09:40 AM : HOW TO PROTECT OUR BORDERS - WHAT TO EXPECT IN 2012 AND BEYOND

09:40 AM - 10:40 AM : EXECUTIVE AGENCY GENERAL COUNSEL PANEL: A LOOK AT HOMELAND SECURITY LEGAL AND POLICY ISSUES

10:40 AM - 10:50 AM : Coffee Break

10:55 AM - 12:00 PM : HOMELAND SECURITY: REGULATORY AND LEGISLATIVE DEVELOPMENTS 2012

12:00 PM - 12:30 PM : Lunch

12:30 PM - 01:30 PM : HOMEGROWN THREATS AND RADICALIZATION

01:45 PM - 03:00 PM : HOMELAND DEFENSE AND CIVIL SUPPORT: THE ROLE OF THE MILITARY WITHIN OUR OWN BORDERS

01:45 PM - 03:00 PM : CARGO & SUPPLY CHAIN SECURITY

01:45 PM - 03:00 PM : EMERGING COMPLIANCE ISSUES FOR GOVERNMENT CONTRACTORS: AN IN-HOUSE PERSPECTIVE

03:00 PM - 03:15 PM : Coffee Break

03:15 PM - 04:30 PM : THE LAW ENFORCEMENT AGENDA 2012

03:15 PM - 04:30 PM : HOMELAND SECURITY & INFORMATION SHARING: PERSPECTIVES FROM FEDERAL, STATE & LOCAL GOVERNMENTS AND THE PRIVATE SECTOR

03:15 PM - 04:30 PM : PRIVATE CIVIL LITIGATION AGAINST ALLEGED TERRORIST SPONSORS

04:45 PM - 05:15 PM : WHAT’S NEXT IN THE WAR ON TERROR?

05:30 PM - 07:00 PM : Cocktail Reception

Friday, March 23, 2012

08:00 AM - 08:40 AM : Continental Breakfast

08:40 AM - 08:45 AM : Welcome and Introductions

08:45 AM - 09:15 AM : VOLATILITY OVERSEAS AND ITS AFFECT ON AMERICA’S HOMELAND SECURITY

09:15 AM - 09:25 AM : Coffee Break

09:25 AM - 10:30 AM : PRESSING CHALLENGES IN IMMIGRATION LAW AND POLICY

09:25 AM - 10:30 AM : NATIONAL PREPAREDNESS: HAVE 10 YEARS AND BILLIONS OF DOLLARS MADE OUR COMMUNITIES BETTER PREPARED?

09:25 AM - 10:30 AM : CYBERSECURITY DEVELOPMENTS IN THE FEDERAL GOVERNMENT AND PRIVATE SECTOR

10:30 AM - 10:45 AM : Coffee Break

10:45 AM - 11:55 AM : TWO OUNCES OF PREVENTION: THE SAFETY ACT AND PS PREP  VOLUNTARY PROGRAMS AND TO MITIGATE LIABILITY

10:45 AM - 11:55 AM : CAREERS IN HOMELAND SECURITY & NATIONAL SECURITY  THE ACADEMIC PATH, ETC.

10:45 AM - 11:55 AM : CHEMICAL FACILITY ANTI-TERRORISM STANDARDS (CFATS)

12:00 PM - 12:30 PM : Lunch

12:30 PM - 01:30 PM : PERSPECTIVES ON THE WAR AGAINST TERRORISM

01:45 PM - 03:00 PM : INTERNATIONAL ISSUES: SPOTLIGHT ON FCPA & OFAC

01:45 PM - 03:00 PM : CFIUS & FOREIGN INVESTMENTS

03:00 PM - 03:15 PM : Coffee Break

03:15 PM - 04:30 PM : Protecting America's Cities from a Terrorist Attack: Evaluating the Chemical, Biological, Radiological and Nuclear (CBRN) Threat

04:30 PM - 05:30 PM : Concluding Remarks