David Fagan

David N. Fagan


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Covington & Burling LLP
One CityCenter
850 Tenth Street, NW
Washington, DC 20001-4956
Tel: +1 202 662 5291



  • New York University School of Law, J.D., 2001
    • Law Review, Notes Editor
  • Georgetown University, B.S.F.S., 1996
    • magna cum laude
    • Phi Beta Kappa

Bar Admissions

  • District of Columbia
  • Maryland

English   中文

David Fagan co-chairs the firm’s top ranked practice on cross-border investment and national security matters, including reviews conducted by the Committee on Foreign Investment in the United States (CFIUS), and also leads the firm’s cyber and data security incident response practice. Mr. Fagan is rated by Chambers USA and Chambers Global for his leading expertise in CFIUS matters and privacy and data security, and received Law 360’s MVP for International Trade in 2014.

Representative Matters

  • Counsel to Lenovo in securing CFIUS approval of its $2.1 billion acquisition of the x86 Server Business from IBM.
  • Counsel to GLOBALFOUNDRIES, a subsidiary of Mubadala Development Company, in securing CFIUS and FOCI approval its acquisition of the IBM Microelectronics Division, valued at more than $1 billion.
  • Counsel to Nexen in securing CFIUS approval of its $15 billion acquisition by the China National Offshore Oil Corp.
  • Counsel to multiple companies in responding to data and cybersecurity incidents, including, among others, incidents involving the then-largest single drawdown of cash from ATMs, stolen personal information of more than 50 million consumers, and multiple attacks by Advanced Persistent Threats directed at the intellectual property of defense, life sciences and other IP-intensive companies.

Honors and Rankings

  • Law360, International Trade MVP (2014)
  • Chambers USA - America's Leading Business Lawyers, Privacy & Data Security (2009-2015) and International Trade: CFIUS Expert (2010-2015)
  • Chambers Global, International Trade - CFIUS Experts (US) and Privacy & Data Security (US) (2012-2015)
  • Legal 500 US, Recognized for Technology - Data Protection and Privacy (2010-2015), Cyber Crime (2015), and Litigation - International Trade (2013-2014)   
  • Washington DC Super Lawyers, "Rising Star" (2013-2015)
  • Washingtonian, National Security "Top Lawyer" (2013)
  • Law360, Rising Star - International Trade (2010)

Publications and Speeches

  • Mr. Fagan is quoted in the National Defense article "Defense Contractor Reinvents Itself to Operate Under Foreign Ownership" (May 2015).
  • Mr. Fagan is quoted in The Hill article "K Street Jockeys for Cyber Supremacy" (2/23/2015).
  • Mr. Fagan testified before the U.S.-China Economic and Security Review Commission on "The Evolving U.S.-China Trade and Investment Relationship" (6/14/2012).
  • Mr. Fagan was interviewed by Main Justice for the article "Covington Looks to ‘Demystify’ CFIUS in South Korea" (4/16/2012).
  • Numerous speeches and presentations on CFIUS, National Security, and Cybersecurity-related matters.
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