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- David N. Fagan
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 was named as a Dealmaker of the Year by The American Lawyer for 2016.
On investment and national security issues, Mr. Fagan has represented foreign and domestic clients in various industries (including defense, software, information technology, telecommunications, energy, aviation, space, maritime transportation, ports, and biotechnology/pharmaceuticals) in securing the approval of 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.
- 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.
Representative CFIUS and FOCI Matters:
- Align Aerospace - Sale to AVIC International
- American Express - Joint venture for Global Business Travel with fund comprising multiple foreign investors
- AOL -- sale of ICQ instant messaging business to Mail.ru
- British Telecommunications -- multiple acquisitions, including Infonet, Counterpane Internet Security, and Comsat International
- BAE Systems, Inc. -- multiple acquisitions, including Armor Holdings, MTC Technologies, Atlantic Marine, and the Intelligence Services Group of L-1 Identity Solutions.
- Carlyle Group -- multiple transactions, including sale of Landmark and Standard Aero to Dubai Aerospace Enterprise
- Check Point Software Technologies -- multiple acquisitions, including NFR Security, PointSec Mobile Technologies, and security appliance business of Nokia
- China National Offshore Oil Corporation Ltd. - Separate investments in Eagle Ford and Niobrara shale properties held by Chesapeake Energy.
- China Investment Corp. - Investment in AES Corp.
- Elbit Systems -- multiple acquisitions, including Tadiran Communications and M-7 Aerospace
- Enstrom Helicopter Corporation - Acquisition by Chongqing Helicopter Investment Co., Ltd.
- Entrust, Inc. - Sale to Datacard
- Global Crossing -- acquisition by ST Telemedia and proposed investment by Hutchison Whampoa
- Mubadala Development Company -- Investment in Advanced Micro Devices
- Nuclear Safety Associates - Acquisition by WS Atkins
- Pioneer Natural Resources - Sale of interest in Wolfcamp shale to Sinochem Corp.
- Sapient Corp and Publicis Groupe - Acquisition of Sapient by Publicis
- SABIC and GE -- sale of GE Plastics to SABIC
- SingTel - Acquisition of Trustwave
- Stanley, Inc. -- acquisition by CGI Group
- Statoil -- acquisition of Brigham Exploration
- Virgin Galactic -- investment by Aabar Investments
- Wanxiang America - Acquisition of certain assets of A123 Systems, Inc., and divestiture of Energy Solutions Business of A123 Systems to NEC Corp.
Representative Privacy, Data Security, and Cybersecurity Matters:
- Advising multiple software clients on developing policies to address disclosure of vulnerabilities to customers and governmental authorities.
- Representing multiple Fortune 500 companies in connection with FTC and state attorney general investigations of data security practices, including various security breach incidents that have involved third-party hacker intrusions, data tape and laptop losses, inadvertent disclosures, and employee theft and data sales. These investigations have covered matters that range from the loss of more than 100,000 Social Security numbers to the disclosure of millions of bank account and credit card numbers.
- Advising multiple communications service providers on compliance with law enforcement process requests for data and responding to leaks of information by Edward Snowden.
- Advising multiple technology and software companies on security-related matters, including supply chain security and compliance with government requirements for the handling of sensitive government information.
- Representing clients on various federal and state legislative data security and cybersecurity.
- Negotiating and advising on data and cyber security requirements in vendor agreements across a range of industries, including content providers, leading pharmaceutical companies, and financial institutions.
- Representing multiple clients in governmental audits of their information security practices.
Newly-Released CFIUS Annual Report for 2015 Foreshadows Heightened Scrutiny of Foreign Investment
September 21, 2017, Covington Alert
The Committee on Foreign Investment in the United States (“CFIUS”) this week released its long-awaited Annual Report to Congress regarding foreign acquisitions of U.S. businesses reviewed by CFIUS in 2015. The report provides important data that yields insights into the types of transactions the Committee reviewed and the Committee’s treatment of those ...
The EU Gets Serious About Cyber: The EU Cybersecurity Act and Other Elements of the "Cyber Package"
September 18, 2017, Covington Alert
Last week, in his annual State of the European Union Address, the President of the European Commission Jean-Claude Juncker called out cybersecurity as a key priority for the European Union in the year ahead. In terms of ranking those priorities, President Juncker placed tackling cyber threats just one place below the EU leading the fight against climate change, ...
September 14, 2017, Covington Alert
We are writing to provide our perspective on two significant developments involving the Committee on Foreign Investment in the United States (“CFIUS”).
September 8, 2017, Covington Alert
On August 18, 2017, the General Office of China’s State Council released to the public new guidance regarding the regulation of outbound investment. The guidance is set forth in a notice, dated August 4, 2017, forwarding “guiding opinions” (the “Opinions”) from the National Development and Reform Commission (“NDRC”), Ministry of Commerce (“MOFCOM”), People's ...
June 23, 2017, Covington Alert
We are writing to provide our perspective on recent developments regarding the Committee on Foreign Investment in the United States (“CFIUS”), including the plans of Senator John Cornyn (R-TX) to introduce significant legislation to reform CFIUS, and the operation of CFIUS in the first six months of the administration of President Donald Trump.
May 17, 2017, Covington Alert
Last Friday may mark the start of a new era in cyber crime. The first worldwide ransomware attack, commonly dubbed “WannaCry,” emerged on May 12. The malware is believed to have infected more than 300,000 computers in 150 countries to date. A cyber criminal or ring of criminals, taking advantage of an exploit made available by the ShadowBrokers hacker group that reportedly uses tools stolen from the U.S. National Security Agency, propagated an attack that installs malware to encrypt users’ data unless a ransom in Bitcoin is paid within a few days. While the actual ransom payment losses have reportedly been minimal, the more serious result of these attacks has been the disruption to victims’ business activities.
May 3, 2017, Covington Alert
On May 2, 2017, the Cyberspace Administration of China (“CAC”) released the final version of the Measures on the Security Review of Network Products and Services (Trial) (“the Measures”), with an effective date of June 1, 2017 (official Chinese version available here). The issuance of the Measures marks a critical first step toward implementing China’s Cybersecurity Law (“the Law”), which was promulgated on November 7, 2016 and will take effect on June 1, 2017 (the same date as the Measures).
February 28, 2017
WASHINGTON—Covington represented semiconductor manufacturer Intersil Corporation in its $3.2 billion sale to Japan’s Renesas Electronics Corporation. The firm advised Intersil on aspects of the transaction involving Committee on Foreign Investment in the United States (CFIUS), Foreign Ownership, Control, or Influence (FOCI), trade controls, and government ...
February 23, 2017, China Daily
China Daily highlights Covington’s client alert, CFIUS and Foreign Direct Investment Under President Donald Trump, in an article regarding efforts by lawmakers to strengthen the government’s scrutiny of Chinese investment in the U.S. According to the CFIUS Practice Group alert, "while the legislative landscape in the new Congress is still being defined, there is ...
February 21, 2017, The Wall Street Journal
The Wall Street Journal highlights Covington’s client alert, CFIUS and Foreign Direct Investment Under President Donald Trump, in an article regarding efforts by lawmakers to strengthen the government’s scrutiny of Chinese investment in the U.S. According to the CFIUS Practice Group alert, there is "a greater chance now than at any time in the last decade of ...
February 7, 2017, Covington Alert
On February 4, 2017, the Cyberspace Administration of China (“CAC”) released the draft Measures on the Security Review of Network Products and Services (“the draft Measures”) for public comment (official Chinese version available here; Covington’s translation of the draft Measures is here). The comment period ends on March 4, 2017.
CFIUS, National Security, and Cybersecurity
2005-present
Mr. Fagan has given numerous speeches and presentations on these matters.
December 5, 2016, Covington Alert
Acting on the recommendation of the Committee on Foreign Investment in the United States (“CFIUS”), President Barack Obama issued an Executive Order on Friday, December 2, prohibiting the acquisition of the U.S. business of Aixtron SE (“Aixtron”) by a company ultimately owned by investors in China. This is the first time that a President formally has utilized the authority of the CFIUS statute to block a foreign acquisition prior to consummation of the transaction.
Foreign Investment and U.S. National Security
November 22, 2016, CFR Backgrounders
David Fagan is quoted in a CFR Backgrounders article regarding foreign investments and U.S. national security. Commenting on the CFIUS review process, Fagan says, “It’s like a full physical, performed by a battery of doctors that run every conceivable test.”
October 20, 2016, Covington Alert
On October 19, 2016, the Board of Governors of the Federal Reserve System (Federal Reserve), Office of the Comptroller of the Currency (OCC), and Federal Deposit Insurance Corporation (FDIC) (collectively the “Agencies”) released a joint Advance Notice of Proposed Rulemaking (ANPR) requesting public comment on enhanced cybersecurity standards that would apply to certain large, interconnected financial entities (“covered entities”) as well as the third parties that provide services (“covered services”) to such entities.
Covington Launches Cyber Response Team With Mandiant Pro
July 21, 2016, Law360
David Fagan and Stephen Surdu are quoted in a Law360 article regarding the launch of Covington’s new Cybersecurity Incident Response Team in conjunction with the arrival of Surdu and Jenny Martin. According to Fagan, “We’re a big firm with clients that span the globe. They can’t control when they have incidents, and you can get calls on a Friday afternoon from ...
Covington Forms Cybersecurity Incident Response Team
July 18, 2016
WASHINGTON—Covington has formed an enhanced team of lawyers and advisors to provide cybersecurity incident response services to clients, highlighted by Stephen Surdu, who formerly led the professional services group of Mandiant, joining the team as a Senior Cybersecurity Advisor. Through the formation of the Cybersecurity Incident Response Team with members on ...
May 31, 2016
WASHINGTON—Chambers USA has selected Covington for its 2016 Award for Excellence in International Trade. The Award for Excellence in International Trade is presented at Chambers USA’s annual awards dinner and awarded to one law firm. The award coincides with the release of the Chambers USA 2016 guidebook, in which Covington received a top-tier ranking nationally ...
Covington attracts Prime Ministerial material
May 23, 2016, CDR News
Timothy Hester, Carl Bildt, and Sebastian Vos are quoted in a CDR News article regarding the arrival of Carl Bildt as a Senior Policy Advisor in the firm’s global Public Policy and Government Affairs practice. According to Vos, “In ever more complex regulatory regimes, the implementation of such regulation will often be very important. In this context, what the ...
Covington Snags Cyber Investigations Pro From Symantec
May 3, 2016, Law360
Jennifer Martin and David Fagan are quoted in this Law360 article about her arrival to Covington. According to Martin, "Covington is one of a small handful of firms that has an established practice in deep cybersecurity and incident response, supplemented by well-established national security and privacy practices." She continues, "Covington provided me with the ...
Jennifer Martin Joins Covington's Cybersecurity Practice
May 3, 2016
NEW YORK — Jennifer Martin has joined Covington’s Data Privacy and Cybersecurity practice. She most recently served as the Director of Cyber Incident Response & Investigations at Symantec. “Jennifer has worked at the intersection of law and cybersecurity from almost every vantage point over the past 15 years,” said David Fagan, who leads Covington’s cyber and ...
China's FDI in US continues record pace: report
April 13, 2016, China Daily
David Fagan is quoted in a China Daily article regarding Chinese direct foreign investment in the United States. According to Fagan, the economies of China and the United States are truly intertwined. "In turn, the economic relationship that can be forged through investment is not just something that is economically beneficial. The relationships that can develop ...
March 28, 2016
WASHINGTON, DC - The American Lawyer has named Covington partners Mark Plotkin and David Fagan as “Dealmakers of the Year.” The annual feature showcases “the lawyers behind the most significant work” in dealmaking. In its profile of Mr. Plotkin and Mr. Fagan in the magazine’s April 2016 issue, The American Lawyer praises the pair’s strategy that steered ...
March 2016, Cyber Security Law & Practice
February 22, 2016, Covington Alert
Cyber security: uncertain companies lack defence plans
January 25, 2016, The Lawyer
David Fagan is quoted by The Lawyer in an article discussing the continued vulnerability of companies to data breaches and targeted cyber attacks. Fagan, commenting on cyber-related litigation, states, “Up until now, in the US, there has been little cyber-related litigation because it is very difficult to quantify the level of damage done – I can imagine the ...
December 14, 2015
WASHINGTON, DC, December 14, 2015 - The National Law Journal has named Covington partner David Fagan as one of its “Cybersecurity & Data Privacy Trailblazers.” The list profiles 50 lawyers “who have helped make a difference in the fight against criminal cyber activity and towards adding much needed layers of data security in an increasingly digital world of ...
November 9, 2015, Inside Privacy
As we reported on October 27, the U.S. Senate passed the Cybersecurity Information Sharing Act (“CISA,” S. 754). If enacted into law, CISA would, among other things, establish a voluntary framework for the sharing of cybersecurity threat information between and among the federal government and private entities. CISA must now be reconciled with two similar...… ...
October 13, 2015, Main Justice
David Fagan is quoted in this Main Justice article on the tentative settlement in litigation between Ralls Corp. and the CFIUS. Fagan calls it a “perfect storm for litigation” but also one that “falls outside the normal margins of most CFIUS cases.” He states that, “The Ralls case should not be viewed as emblematic for investors.”
Covington Tackles Vendor Cybersecurity Risks in New Book for Corporate Directors and Officers
October 13, 2015
WASHINGTON, DC, October 13, 2015 - Covington addresses the critical issue of how to manage risks associated with third-party outsourcing in Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers. Published in collaboration with Palo Alto Networks and the New York Stock Exchange, the book provides boards, executives and ...
October 2015, Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers
September 17, 2015
SHANGHAI, September 17, 2015—China Law & Practice named Covington "International Firm of the Year - Life Sciences" at its annual awards ceremony. The leading Chinese legal publication also named Hui Xu a "Rising Star" in regulatory and compliance law and recognized the firm for its role in its "Deal of the Year," Lenovo’s acquisition of IBM's server ...
September 11, 2015, Covington Alert
August 12, 2015, The Cybersecurity Law Report
Cybersecurity and supply chain considerations in procurement, and counsel’s role in mitigating risk
June 9, 2015, Inside Cybersecurity
Covington's David Fagan, Susan Cassidy and Caitlin Meade have authored this article for Inside Cybersecurity.
May 22, 2015
NEW YORK, May 22, 2015 — Covington advised European telecommunications company Altice S.A. (Euronext ATC) in a $9.1 billion deal to acquire a controlling stake in Suddenlink, the seventh largest cable operator in the U.S. Under the terms of the agreement, Altice will enter the U.S. cable television and broadband market by acquiring 70 percent of the share ...
Designing and Implementing a Three-Step Cybersecurity Framework for Assessing and Vetting Third Parties
April 8, 2015, The Cybersecurity Law Report
Covington's David Fagan is quoted regarding cybersecurity: "Companies 'should have a process in place to categorize vendors in terms of levels of risk and then they should apply assessment from that basis,' Fagan said. The first step should be to 'assign a risk classification to them. And that should track to what kind of assessment you provide.'"
March 3, 2015, Covington E-Alert
K Street jockeys for cyber supremacy
February 23, 2015, The Hill
David Fagan is quoted in this article regarding cybersecurity: David Fagan, a partner with Covington & Burling, said clients’ needs have evolved over the past five years when it comes to cybersecurity. “[The] Target and Sony [hacks] captured the minds and also the fears of a lot of boards of directors and executives,” Fagan said. “As a result, in-house ...
February 19, 2015, Inside Counsel
5 cybersecurity questions in-house counsel should consider in light of the Sony breach
February 19, 2015, Inside Counsel
Covington's David Fagan, James Garland and Kurt Wimmer have authored this article on questions that in-house counsel should be able to answer about his or her organization’s legal and business cybersecurity risk profile: "In the wake of the much publicized North Korean cyber-attacks against Sony — as well as recent favorable rulings for the plaintiffs in class ...
January 15, 2015, Inside Privacy
On Tuesday, President Obama announced his proposal for legislation that would encourage sharing of cyber threat information between the public and private sector by shielding private entities from liability for sharing information on cyber threats. The White House has since released the text of the proposed bill, which includes limitations on liability for ...
May 2015, National Defense
David Fagan is quoted in this article.
December 23, 2014, Inside Privacy
State legislators have recently passed a number of bills that impose new data security and privacy requirements on companies nationwide. The laws include new data breach notification requirements, marketing restrictions, and data destruction rules. Below is an overview of the new laws and amendments that will go into effect on January 1, 2015. Amendments to...… ...
December 22, 2014, Covington E-Alert
Covington’s David Fagan Named Law360 MVP
December 1, 2014
WASHINGTON, DC, December 1, 2014 — Law360 named Covington & Burling partner David Fagan a “most valuable player” in international trade law. Law360’s “MVP of the Year” awards recognize lawyers who have had successes in complex global matters, high-stakes litigation, and record-breaking deals in the past year. In its profile of Mr. Fagan, Law360 highlighted his ...
Law360 MVP Awards Go To Legal Aces From 78 Firms
November 18, 2014, Law360
Covington partners David Fagan, Doug Gibson, Paul Schmidt and Robert Wick were named Law360 MVPs in their respective practices.
November 10, 2014, Inside Privacy
By David Fagan and Sumon Dantiki Recently several media outlets reported that the New York State Department of Financial Services (“NYDFS”) sent a letter to many of the nation’s banks, regarding the “level of insight financial institutions have into the sufficiency of cybersecurity controls of their third-party service providers.” The letter requested financial ...
October 1, 2014, Inside Cybersecurity
Covington's David Fagan and Marialuisa Gallozzi are quoted in this article regarding a symposium co-hosted by Covington & Burling and George Washington University's Cybersecurity Initiative titled "Cybersecurity for Government Contractors." "That is the bubble that we're sitting on at this moment," said Covington and Burling insurance attorney Marialuisa ...
Covington Secures CFIUS Approval for Lenovo Acquisition
August 22, 2014
WASHINGTON, DC, August 22, 2014 — The Committee on Foreign Investment in the United States (CFIUS) has cleared Lenovo Group’s bid to acquire International Business Machines’ x86-based server business in a $2.3 billion acquisition. Covington & Burling represented Lenovo in securing CFIUS approval. David Fagan, Mark Plotkin, Stuart Eizenstat and Jonathan Wakely ...
July 31, 2014, Global Policy Watch
Senate Judiciary Chairman Patrick J. Leahy introduced a new version of the Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014 (the “USA FREEDOM Act” or “Act”) in the Senate on Tuesday, more than two months House of Representatives passed a version of the bill that omitted several...… Continue ...
July 31, 2014, Global Policy Watch
On July 28, 2014, the U.S. House of Representatives (“House”) passed three cybersecurity bills, the National Cybersecurity and Critical Infrastructure Protection Act of 2014 (H.R. 3696) (“NCCIP Act”), the Critical Infrastructure Research and Development Advancement Act (H.R. 2952) (“CIRDA Act”), and the Homeland Security Cybersecurity Boots-on-the-Ground Act ...
July 30, 2014, Inside Privacy
By David Fagan, Richard Hertling, and Kate Goodloe Senate Judiciary Chairman Patrick J. Leahy introduced a new version of the Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014 (the “USA FREEDOM Act” or “Act”) in the Senate on Tuesday, more than two months House of Representatives passed...… ...
July 30, 2014, Inside Privacy
By David Fagan, Richard Hertling, and Sumon Dantiki On July 28, 2014, the U.S. House of Representatives (“House”) passed three cybersecurity bills, the National Cybersecurity and Critical Infrastructure Protection Act of 2014 (H.R. 3696) (“NCCIP Act”), the Critical Infrastructure Research and Development Advancement Act (H.R. 2952) (“CIRDA Act”), and the ...
July 23, 2014, Inside Privacy
By David Fagan, Susan Cassidy, and Catlin Meade As an indicator of the continuing focus of government authorities on cybersecurity breaches and potential notification requirements, certain contractors for the federal government may soon face new rapid reporting requirements for successful network penetrations. Specifically, President Obama signed the 2014 ...
July 21, 2014, Global Policy Watch
On July 14, the U.S. Court of Appeals for the District of Columbia Circuit decided Ralls Corporation v. Committee on Foreign Investment in the United States — the first ruling by a federal circuit court on a CFIUS case. Ralls, a U.S. company owned by two Chinese nationals, sued CFIUS in connection with an order by...… Continue Reading
July 18, 2014, Covington E-Alert
May 9, 2014, Covington E-Alert
April 15, 2014, Covington E-Alert
April 11, 2014, Covington E-Alert
February 13, 2014, Inside Privacy
By Jim Garland, David Fagan, and Alex Berengaut On January 27, 2014, the Attorney General and Director of National Intelligence announced that the U.S. government will allow Internet companies and telecommunications providers to disclose more information about government demands for customer data in national security investigations. The government’s new ...
February 13, 2014, Covington E-Alert
January 21, 2014, Covington E-Alert
December 20, 2013, Covington E-Alert
November 21, 2013, Covington E-Alert
November 21, 2013
WASHINGTON, DC, November 21, 2013 — Washingtonian magazine has named 34 Covington & Burling attorneys as “Best Lawyers” in its December issue. The biennial list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the hundreds of “Best Lawyers” identified in the issue, Washingtonian spotlights 14 leading Washington ...
November 18, 2013
WASHINGTON, DC, November 18, 2013 — The Federal Communications Commission has unanimously approved a request by the Coalition for Broadcast Investment to relax a long-standing cap on foreign investment in broadcast companies. Covington & Burling represented the coalition in a two-year effort to secure greater opportunities for foreign investment in broadcasting ...
November 14, 2013, Inside Medical Devices
We’ve previously blogged about the “FDASIA Workgroup” and section 618 of the Food and Drug Administration Safety and Innovation Act (FDASIA), which directed FDA to issue a report to Congress by January of 2014 on the regulation of health technology. This post covers some of the differing views on Health IT regulatory issues and open...… Continue Reading
November 4, 2013, Covington E-Alert
October 25, 2013, Covington Advisory
U.S. Chamber Releases Covington Co-Authored Report on Chinese Opportunities in U.S. Infrastructure Sector
October 24, 2013
WASHINGTON, DC, October 24, 2013 — The U.S. Chamber of Commerce yesterday released a significant report, co-authored by Covington & Burling, assessing the opportunities for Chinese participation in the U.S. infrastructure sector. The other co-authors were the economic research and advisory firm The Rhodium Group and the strategic advisory firm Sphere Consulting. ...
October 8, 2013, Law360
9/27/2013
WASHINGTON, DC, September 27, 2013 — Marisa Lago, assistant secretary for international markets and development at the U.S. Treasury Department, addressed a symposium held at Covington & Burling earlier in September about trends in Chinese foreign direct investment in America. The symposium, co-hosted with the China General Chamber of Commerce, examined the ...
Covington Co-Hosts Program on Cyber Espionage
9/27/2013
WASHINGTON, DC, September 27, 2013 — Covington & Burling and George Washington University’s Cybersecurity Initiative yesterday co-hosted a program that examined the growing threat of economic and cyber espionage and the need to protect trade secrets. In conjunction with the event, Covington and GW’s Cybersecurity Initiative released an issue brief on the legal ...
September 16, 2013, Inside Medical Devices
Underlying many of the investigations of the drug and device industries in China are complaints about corruption in the medical profession. These complaints could spark a legislative change in the future. Recent news reports and commentary are very consistent in describing the issue. The majority of hospitals in China are government-owned, and the majority ...
September 4, 2013, Covington E-Alert
July 2013, Global Trade & Customs Journal
April 25, 2013, Law360
March 27, 2013
WASHINGTON, DC, March 28, 2013 — Rep. Mike Rogers, chairman of the House Permanent Select Committee on Intelligence, and former Homeland Security Secretary Michael Chertoff addressed the complexity of cybersecurity threats at a program sponsored by Covington & Burling and The Chertoff Group. Mr. Chertoff is senior of counsel at Covington and chairman and founder ...
February 21, 2013, Law360
February 14, 2013, Covington E-Alert
2/13/2013
WASHINGTON, DC, February 13, 2013 — The Committee on Foreign Investment in the United States (CFIUS) on Tuesday approved CNOOC Ltd.’s bid to acquire the U.S. assets of Canadian energy company Nexen Inc. It was the final regulatory hurdle in the $15.1 billion acquisition, the largest overseas investment ever by a Chinese company. Covington & Burling represented ...
December 27, 2012, Covington E-Alert
Supreme Court Hears Oral Argument on Standing Issue in Challenge to FISA Amendments Act of 2008
October 31, 2012, Inside Privacy
By Alex Berengaut On Monday, October 29, the Supreme Court heard oral argument in Clapper v. Amnesty International (No. 11-1025), a challenge brought by the American Civil Liberties Union (ACLU) against the FISA Amendments Act (FAA) of 2008. The FAA amended the Foreign Intelligence Surveillance Act (FISA) of 1978 by authorizing new procedures for electronic...… ...
October 1, 2012, Covington E-Alert
Covington’s David Fagan Testifies Before USCC
June 15, 2012
WASHINGTON, DC, June 15, 2012 — In testimony before the U.S.-China Economic and Security Review Commission on Thursday, June 14, Covington & Burling partner David Fagan identified key issues slowing investment by China in the U.S. Mr. Fagan also addressed the nation’s evolving trade and investment relationship with China, focusing on bilateral investment issues ...
June 14, 2012, U.S.-China Economic and Security Review Commission
David Fagan testified before the Commission.
The Evolving U.S.-China Trade and Investment Relationship
June 14, 2012, Testimony before the U.S.-China Economic and Security Review Commission
June 11, 2012, Inside Privacy
The costs associated with a data security breach can be substantial. In addition to addressing the security issue that gave rise to the breach, companies often must assess notice obligations under federal and state law, manage public relations challenges, and work to rebuild consumer trust. The costs–in terms of time and resources–needed to accomplish ...
June 11, 2012
WASHINGTON, DC, June 11, 2012 — Chambers USA recognized 106 individual Covington & Burling lawyers and 46 Covington practice areas in the 2012 Chambers USA: America’s Leading Lawyers for Business guidebook released on June 7, 2012. Many of the 106 Covington lawyers ranked by Chambers USA were recognized in multiple categories, resulting in a total of 131 ...
May 21, 2012, Corporate Counsel
5/2/2012
SAN FRANCISCO, May 2, 2012 — Covington & Burling LLP advised the University of California, Santa Cruz on the creation of a national, federally-financed bioinformatics database. The database will serve as a secure repository for storing, cataloging, and accessing cancer genome sequences, alignments, and mutation information from leading cancer-related projects ...
Covington Looks to ‘Demystify’ CFIUS in South Korea
April 16, 2012, Main Justice
David Fagan was interviewed for this article.
March 19, 2012
LONDON, 19 March, 2012 — Covington & Burling LLP received 46 individual mentions and 20 practice mentions in the Chambers Global 2012 edition. The guidebook, which ranks lawyers globally by pan-regional and country practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. The Covington lawyers ...
October 17, 2011, Covington Advisory
6/10/2011
WASHINGTON, DC, June 10, 2011 — In presenting Covington & Burling LLP with the Chambers USA Award for Excellence in International Trade on June 9th, Chambers noted how the firm’s “comprehensive team covers the complete spectrum of international trade matters and clients benefit from the close-knit and interdisciplinary approach of the department's various ...
June 10, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 123 individual mentions and 45 practice mentions in Chambers USA 2011. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
June 9, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 92 individual mentions and 32 practice mentions in the Legal 500 US 2011 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
June 2011, E-Commerce Law & Policy
April 20, 2011, Financial Times
Covington Shortlisted for Three Chambers USA Awards
April 7, 2011
WASHINGTON, DC, April 7, 2011 — Three practices at Covington & Burling LLP have been nominated for the 2011 Chambers USA Awards for Excellence. The firm received team nominations in the antitrust, insurance, and international trade categories. The awards recognize the firm’s pre-eminence in key practice areas and significant achievements over the past 12 months, ...
June 23, 2010
WASHINGTON, DC, June 23, 2010 — Covington & Burling LLP received 85 individual mentions and 23 practice mentions in the Legal 500 US 2010 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
June 16, 2010
WASHINGTON, DC, June 16, 2010 — Covington & Burling LLP received 112 individual mentions and 44 practice mentions in Chambers USA 2010. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
June 7, 2010, Columbia FDI Perspective
May 13, 2010
WASHINGTON, DC, May 13, 2010 — Montreal-based CGI Group Inc. has announced an agreement to acquire Stanley Inc., headquartered in Arlington, Virginia, in a transaction valued at $1.07 billion. Covington & Burling LLP is advising Stanley on the national security and export control aspects of the transaction. Stanley is a provider of information technology ...
April 21, 2010, Covington Advisory
Three Covington Partners Named ‘Rising Stars’ by Law360
4/8/2010
WASHINGTON, DC, April 8, 2010 — Three partners at Covington & Burling LLP have been selected as “Rising Stars” by Law360. The online legal publication describes each of the partners as one of the 10 best lawyers under the age of 40 in his respective practice area. Named as “Rising Stars” are David Fagan in international trade, Seth Safra in employment, and Paul ...
March 1, 2010, Covington E-Alert
DOD Policy Guidance for Foreign Ownership, Control or Influence ("FOCI")
October 2009, Covington Report
Covington Promotes 10 Lawyers to Partnership
10/1/2009
WASHINGTON, DC, October 1, 2009 — Covington & Burling LLP today announced that ten of its lawyers have been elected to the firm’s partnership effective today. The new partners practice in the corporate, litigation, and regulatory fields. The ten new partners and their practices are as follows: Marney Cheek (International) represents companies and trade ...
Steering the Deal Through
September 2009, India Business Law Journal
Fall 2009, The Secure Times
June 2009, Data Protection Law & Policy
June 12, 2009
WASHINGTON, DC, June 12, 2009 — Covington & Burling LLP received 100 individual mentions and 40 practice mentions in Chambers USA 2009. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
美国对外国直接投资的监管体系
May 2009, Deloitte
May 2009, Deloitte
February 2009, Data Protection Law & Privacy
January/February 2009, America in Russia
January 29, 2009, Legal Week
January 14, 2009, Shanghai Daily
January 7, 2009, Vale Columbia Center
12/2/2008
NEW YORK, NY, December 2, 2008 — Roche and Memory Pharmaceuticals have announced a definitive merger agreement for Roche to acquire all the outstanding shares of Memory Pharmaceuticals. Covington & Burling LLP advised Memory Pharmaceuticals on the deal, valued at approximately $50 million. Roche, headquartered in Switzerland, is one of the world’s leading ...
8/7/2008
WASHINGTON, DC, August 7, 2008 — On August 5, Intercell AG completed its acquisition of Iomai Corporation (now known as Intercell USA, Inc.) in a deal that will create a leading traveler’s vaccine portfolio. Covington & Burling LLP advised Intercell on the transaction. Intercell is a growing biotechnology company which focuses on the design and development of ...
Rational Security
August 20, 2007, The Lawyer
June 2006, BNA International World Data Protection Report
February 1, 2006, in Monograph on the Committee on Foreign Investment in the United States (Critical Infrastructure Protection Program, George Mason University School of Law)
June 2005, China Law & Practice
- The American Lawyer, "Dealmaker of the Year" (2016)
- National Law Journal, "Cybersecurity & Data Privacy Trailblazer" (2015)
- China Law & Practice, “Outbound Deal of the Year” (2016)
- Law360, "International Trade MVP" (2014)
- Chambers USA - America's Leading Business Lawyers, International Trade: CFIUS Expert (2010-2017) and Privacy & Data Security (2009-2015)
- Chambers Global, International Trade - CFIUS Experts (US) (2012-2017) and Privacy & Data Security (US) (2012-2016)
- Legal 500 US, Recognized for Cyber Law (2015-2017), International Trade (2013-2017), and Technology - Data Protection and Privacy (2010-2015)
- Named to Cybersecurity Docket’s “Incident Response 30” (2016)
- Washington DC Super Lawyers, "Rising Star" (2013-2015)
- Washingtonian, National Security "Top Lawyer" (2013, 2015), Cybersecurity (2015)
- Law360, Rising Star - International Trade (2010)