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David Fagan’s practice covers national security law, international trade, financial institutions regulation, and privacy and data security. Mr. Fagan has represented clients before federal government agencies and Congress a range of issues, including regulatory approvals of large international investments, national security-related criminal investigations, FTC regulatory and enforcement actions in the data security area, and numerous bank regulatory matters. He has particular expertise in the Exon-Florio Amendment to the Defense Production Act of 1950, including the recent amendments contained in the Foreign Investment and National Security Act of 2007, and has represented numerous foreign and domestic clients before the Committee on Foreign Investment in the United States (CFIUS). He also frequently counsels clients on implementing information security programs, complying with regulatory requirements, such as Gramm-Leach-Blilely, and industry best practices on privacy and security and responding to data security breaches. Mr. Fagan also is an Adjunct Professor of Law at Georgetown University Law Center, teaching a seminar on “National Security Law and the Private Sector."
Representative Matters
- Represented AudioCodes (acquisitions of Nuera and Netrake), BT (acquisitions of Infonet, Counterpane Internet Security, International Network Services, Comsat International, and Wire One Communications, and sale of satellite broadcast business), Check Point Software Technologies (acquisition of NFR Security; proposed acquisition of Sourcefire), Elbit Systems Ltd. (acquisition of Tadiran Communications and U.S. defense subsidiaries), FastenTech (acquisition by Doncasters/Dubai International Capital), Global Crossing (investment by ST Telemedia and proposed investment by Hutchison Whampoa), IBM (sale of PC division to Lenovo), Intercell (acquisition of Iomai Corporation), Ontario Teachers’ Pension Plan and Providence Private Equity (pending acquisition of BCE, Inc.), and Pacific Telecom (acquisition of Micronesian Telecommunications Corporation) before the Committee on Foreign Investment in the United States.
- Represented a former senior government official in connection with a Department of Justice investigation into mishandled classified documents.
- Represented multiple Fortune 500 companies in FTC and state attorney general investigations of data security practices.
- Represented a leading software company in connection with data and Internet security-related federal and state legislative developments, and in connection with FTC and state attorney general investigations of data security practices.
Previous Experience
- CIA, political/leadership analyst on the Near East (1997-1998)
Honors and Rankings
- Legal 500 US, Technology - Data Protection and Privacy (2008)
Pro Bono
- Represent the widow of a deceased African-American farmer in the arbitration of her husband’s claim of discrimination against the U.S. Department of Agriculture, pursuant to the Pigford class consent decree.
Publications and Speeches
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