David Fagan’s practice covers national security law, international trade and investment, cybersecurity, 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, cybersecurity matters, 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. Mr. Fagan also has testified before a Congressional commission regarding US national security, trade and investment matters with China.
In the privacy and data security area, Mr. Fagan counsels clients on preparing for and responding to cyber-based attacks on their networks and information, assessing their security controls and practices for the protection of data, 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 a range of cyber and data security incidents, including 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.