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English  中文
David Fagan’s practice covers national security law, international trade and investment, and global privacy and data security. Mr. Fagan has represented clients before federal and state government agencies and Congress in connection with a range of issues, including regulatory approvals of international investments, national security-related criminal investigations, high-profile congressional investigations, and federal and state regulatory and enforcement actions in the data security area.
On investment issues, Mr. Fagan has represented foreign and domestic clients in various industries (including defense, software, information technology, communications, energy, aviation, maritime transportation, ports, and biotechnology/pharmaceuticals) in securing the approval of the Committee on Foreign Investment in the United States (CFIUS), as well as in connection with ongoing compliance matters related to mitigation agreements with CFIUS. He also frequently handles matters related to the mitigation of foreign ownership, control or influence (FOCI) under applicable national industrial security regulations.
In the privacy and data security area, Mr. Fagan counsels clients on assessing data security practices, developing and implementing information security programs, and complying with federal and state regulatory requirements, as well as on transactional matters involving the transfer of personal data. Mr. Fagan also has been counsel to companies in dozens of data security breach matters involving millions of affected consumers.
Mr. Fagan has written extensively on national security, foreign investment, data security, and cybersecurity matters, and is the author of the chapter on “The US Regulatory and Institutional Framework for FDI” in the book Investing in the United States: Is the US Ready for FDI from China?, a leading treatise on Chinese investment in the United States. 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
Representative CFIUS and FOCI Matters:
- AudioCodes -- acquisitions of Nuera Communications and Netrake Corp.
- Advanced Technology Investment Company -- Joint venture with Advanced Micro Devices to form GLOBALFOUNDRIES
- British Telecommunications -- acquisitions of Infonet, Counterpane Internet Security, International Network Services, Comsat International, Wire One Communications, and Ribbit Corporation, and sale of satellite broadcast business
- BAE Systems, Inc. -- acquisitions of MTC Technologies, Advanced Ceramics Research, Atlantic Marine, and Oasys Technologies
- Carlyle Group -- Sale of Landmark and Standard Aero to Dubai Aerospace Enterprise, and proposed sale of John Maneely Company to OSJC Novolipetsk Steel.
- Check Point Software Technologies -- acquisitions of NFR Security, PointSec Mobile Technologies, Liquid Machines, and security appliance business of Nokia
- Elbit Systems -- acquisitions of Tadiran Communications, Innovative Concepts, and M-7 Aerospace
- FastenTech -- acquisition by Doncasters Group (owned by Dubai International Capital)
- Global Crossing -- acquisition by ST Telemedia and proposed investment by Hutchison Whampoa
- IBM -- sale of PC division to Lenovo
- Intercell AG -- acquisition of Iomai Corporation
- Mubadala Development Company -- Investment in Advanced Micro Devices
- Pacific Telecom -- acquisitions of Micronesian Telecommunications Corporation and IT&E Overseas, Inc.
- Rafael Advanced Defense Systems -- acquisition of remaining membership interests in Cubic Advanced Technical Systems
- Stanley, Inc. -- acquisition by CGI Group
- Virgin Galactic -- investment by Aabar Investments
Previous Experience
- CIA, political/leadership analyst on the Near East (1997-1998)
Honors and Rankings
- Law360, Rising Star - International Trade (2010)
- Chambers USA - America's Leading Business Lawyers, Privacy & Data Security (2009-2011) and International Trade: CFIUS Expert (2010-2011)
- Legal 500 US, Recognized for Technology - Data Protection and Privacy (2010)
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
- Mr. Fagan participated in an interview with the International Financial Law Review (June 2011) on national security reviews for foreign investment in China.
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