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David Fagan
David N. Fagan
Partner
Washington +1 202 662 5291 dfagan@cov.com Download V-card

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.

  • 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.
  • 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, Privacy & Data Security (2009-2015) and International Trade: CFIUS Expert (2010-2015)
  • Chambers Global, International Trade - CFIUS Experts (US) and Privacy & Data Security (US) (2012-2016)
  • Legal 500 US, Recognized for Cyber Crime (2015-2016), Litigation - International Trade (2013-2016), 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)