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.
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.