Wholey, Doing Business with Russia in the Current Crisis

Phillips Lytle LLP Attorney James Kevin Wholey Moderates “Negotiable Hostilities – Part III: Doing Business with Russia in the Current Crisis” Webinar

Washington, D.C. – Phillips Lytle LLP attorney James Kevin Wholey co-moderated a webinar titled “Negotiable Hostilities – Part III: Doing Business with Russia in the Current Crisis,” hosted by West LegalEdcenter on April 11, 2022. He also spoke on the topic of Committee on Foreign Investment in the United States (CFIUS) regulations.

This is the third in the “Negotiable Hostilities” series of webinars, whose theme is whether Russian and other foreign investment in U.S. wireless and technology markets is doable in the current hostile, geopolitical climate. The program began with a brief overview of the sanctions and other foreign policy implications of the current crisis – and how it might affect international contracts among parties in the U.S., Europe and Russia.

For practitioners involved in such transactions, the program discussed U.S. foreign entry and other regulations expanding scrutiny of foreign investment in the U.S. telecommunications, wireless and digital infrastructure. The program also briefly discussed how the Biden Administration’s approach to national security differs from that of the Trump Administration. The discussion laid out the regulatory roles of Team Telecom, the CFIUS, Commerce Department (Information and Communications Technology and Services (ICTS) regulation) and expanded Federal Communications Commission (FCC) jurisdiction over foreign telecommunications licensing and ownership applications.

And in light of recent hostilities in Eastern Europe, the program provided practice pointers, including the impact of war and other “force majeure” events on cross-border financial and technology transfer contracts, how international arbitration will play into inevitable disputes, and what contractual and other deal protections should be considered in such turbulent times.

In addition to Mr. Wholey, Walt Sapronov of Sapronov Associates, P.C. also moderated the panel. Speakers included Alla Naglis of Sapronov & Naglis, LLC, Gisele Stephens-Chu of Stephens Chu Dispute Resolution, Daniel P. Brooks of Wiley Rein LLP and Adam N. Stulberg of the Sam Nunn School of International Affairs at the Georgia Institute of Technology.

Mr. Wholey has broad experience at the intersection of federal government, national security and international business. His specific focus is on the legislative, policy and compliance issues involved in international investment, trade and business development. Through his international business and federal government relations practice, he assists clients with transnational compliance matters (Foreign Corrupt Practices Act, EAR, ITAR, export licensing and involvement with various sanctions regimes) and works frequently with the Administration and Capitol Hill. He spent more than a decade as a senior staff member for several U.S. senators, including three years as chief of staff to then-Senate Leader Bob Dole (R-KS), for whom he also handled trade and telecommunications issues.

Phillips Lytle LLP is a preeminent law firm that is recognized nationally for its legal excellence. With offices across New York State and in Chicago, IL; Washington, D.C.; and Canada, our attorneys serve a multinational client base, including Fortune 1000 companies, global and regional financial institutions, not-for-profit organizations, middle-market companies, startups, entrepreneurs and individuals on important matters affecting their businesses and personal wealth. For more information, visit stg-phillipslytlellp-stage.kinsta.cloud.

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