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- David N. Fagan

David Fagan负责本所一流的跨境投资和国家安全业务,包括美国外国投资委员会(CFIUS)的审查,并领导本所的网络和数据安全业务。其在CFIUS业务及隐私和数据安全领域的专长获得《钱伯斯美国指南》和《钱伯斯全球指南》的赞誉,并因出色的国际贸易业务获得《法律360》2014年的MVP荣誉。
在投资和国家安全问题上,Fagan先生曾代表多个行业(包括国防、软件、信息技术、通讯、能源、航空、海洋运输、港口和生物技术/医药)的外国和国内客户获得CFIUS的批准,以及处理与CFIUS之间的缓和协议相关的持续合规事宜。他还经常处理与相关国家工业安全法规下的降低外国所有权、控制权或影响(“外国所有权、控制权或影响/FOCI”)相关的事务。Fagan先生还在国会委员会提供有关美国国家安全以及与中国之间的贸易和投资的证词。
在隐私和数据安全领域,Fagan先生还为客户提供有关以下事宜的咨询:预防和应对网络攻击、评估为数据保护采取的安全控制和做法、开发和执行信息安全程序、遵守联邦和州监管要求以及涉及个人数据转让的交易事宜。Fagan先生还担任多家公司的网络和数据安全问题的顾问,代表该等公司处理了数十件涉及数以百万受影响消费者的数据安全违反事务。
- 担任联想顾问,为其以21亿美元收购IBM 的x86服务器业务获得CFIUS 批准。
- 担任GLOBALFOUNDRIES的顾问,其为穆巴达拉发展公司(Mubadala Development Company)的子公司,为其收购IBM的价值10亿多美元的微电子部门获得CFIUS 和 FOCI批准。
- 担任Nexen 顾问,为中国海洋石油总公司以150亿美元对其收购获得CFIUS 批准。
- 担任多家公司的顾问,帮助该等公司应对数据和网络安全事件,包括但不限于有关当时从ATM提取单笔最大额现金的案件、盗取5000多万消费者的个人信息的案件、以及针对国防、生命科学及其他知识产权密集型公司的知识产权的先进持续威胁攻击的案件。
代表性CFIUS 和 FOCI项目:
- 代表Align Aerospace处理向 AVIC International出售的事务。
- 代表American Express 处理利用多家外国投资者的资金成立全球商业旅行合资企业的事务。
- 代表AOL处理向Mail.ru出售ICQ即时信息业务的事务。
- 代表英国电信公司(British Telecommunications)处理收购Infonet、Counterpane Internet Security和Comsat International等的事务。
- 代表BAE Systems, Inc.处理收购MTC Technologies和Atlantic Marine等的事务。
- 代表美国凯雷集团(Carlyle Group)处理多个交易,包括向迪拜航空企业集团出售Landmark和Standard Aero。
- 代表Check Point Software Technologies 处理收购NFR Security、PointSec Mobile Technologies以及诺基亚安全设备部门等的事务。
- 中国海洋石油总公司——对Chesapeake Energy 所持Eagle Ford和Niobrara油页岩资产的单独投资。
- 中国投资公司——对AES Corp.的投资。
- 代表ElbitSystems处理收购Tadiran Communications和 M-7 Aerospace等的事务。
- Enstrom Helicopter Corporation——被重庆直升机投资有限公司收购。
- Entrust, Inc. - 向Datacard出售的事宜。
- 代表Global Crossing处理被ST Telemedia收购以及拟议接受Hutchison Whampoa投资的事务。
- 代表穆巴达拉发展公司(Mubadala Development Company)处理投资于美国先进微电子器件公司(Advanced Micro Devices/AMD)的事务。
- 代表Nuclear Safety Associates处理被 WS Atkins收购的事务。
- 代表Pioneer Natural Resources处理向中国中化集团出售其在Wolfcamp页岩气中的权益的事务。
- 代表Sapient Corp 和 Publicis Groupe 处理 Publicis 收购Sapient 的事务。
- 代表SABIC和GE处理向SABIC出售GE塑料的事务。
- 代表SingTel处理收购 Trustwave的事务。
- 代表Stanley,Inc.处理被CGI Group收购的事务。
- 代表Statoil处理被Brigham Exploration收购的事务。
- 代表维珍银河公司(Virgin Galactic) 处理接受Aabar Investments投资的事务。
- 万向美国公司——收购A123 Systems, Inc.的某些资产以及向NEC Corp.剥离A123 Systems的能源解决方案业务的事务。
代表性隐私、数据安全和网络安全项目:
- 为多家软件客户提供有关制定向客户和政府机构披露软件弱点的政策的咨询。
- 代表多家财富500强公司处理涉及联邦贸易委员会和州司法部长对数据安全操作的调查的事务,包括涉及第三方黑客侵入、数据带和笔记本电脑数据损失、无意披露以及员工盗窃和数据销售的各种安全违反事件。该等调查既包括丢失100,000多个社会保障号的案件,也包括披露数百万个银行账户和信用卡卡号的案件。
- 为多家通讯服务提供商提供遵守数据执法程序请求以及应对Edward Snowden的信息泄露方面的咨询 。
- 为多家技术和软件公司提供安全相关事宜的咨询,包括供应链安全以及处理敏感政府信息时需遵守政府要求方面的事宜。
- 代表客户处理各种联邦和州立法数据安全和网络安全事宜。
- 就多个行业的供应商协议中的数据和网络安全要求为客户提供谈判和咨询,该等客户包括内容提供商、一流医药公司和金融机构。
- 代表多个客户处理对其信息安全操作进行政府审计的事宜。
April 17, 2018, Covington Alert
We are writing to report on the latest Congressional hearing related to reform of the Committee on Foreign Investment in the United States (“CFIUS”).
March 8, 2018, Global Policy Watch
On February 15, 2018, House Foreign Affairs Committee Chairman Ed Royce (R-CA) introduced bipartisan legislation—the Export Control Reform Act of 2018 (“ECRA”)⸺to modernize U.S. export control regulation of commercial and dual-use items. The bill is co-sponsored by the committee’s ranking Democratic member, Eliot Engel (D-NY). The proposed legislation seeks to ...
March 8, 2018, Covington Alert
On February 15, 2018, House Foreign Affairs Committee Chairman Ed Royce (R-CA) introduced bipartisan legislation—the Export Control Reform Act of 2018 (“ECRA”)⸺to modernize U.S. export control regulation of commercial and dual-use items.
January 26, 2018, Covington Alert
We are writing to report on the latest significant developments in the effort to reform the Committee on Foreign Investment in the United States (“CFIUS”).
January 22, 2018, Covington Alert
On January 18, 2018, the Senate Committee on Banking, Housing, and Urban Affairs (“the Committee”) held a hearing to consider the Foreign Investment Risk Review Management Act (FIRRMA), a bill introduced by Senator John Cornyn (R-TX) in the Senate and Congressman Robert Pittenger (R-NC) in the House to reform the Committee on Foreign Investment in the United ...
January 18, 2018, National Security Law Today
David Fagan appeared on National Security Law Today to discuss "CFIUS 101: Foreign Control and U.S. Oversight."
Leading CFIUS Risk Analyst Joins Covington
January 17, 2018
WASHINGTON—Brian Williams has joined Covington as a Senior Advisor in the firm’s Cross-Border Investment and National Security practice. Mr. Williams draws on over 20 years of public and private sector experience advising on issues at the intersection of national security, technology, and law. A non-lawyer, he led multi-agency analyst teams that authored the ...
January 11, 2018, Covington Alert
We are writing to share our report of two Congressional hearings held this week that are relevant to the ongoing legislative discussion concerning potential reform of the Committee on Foreign Investment in the United States (CFIUS).
December 15, 2017, Covington Alert
We write to offer our perspective on two developments relevant to the Committee on Foreign Investment in the United States (“CFIUS”).
November 17, 2017, Inside Privacy
The White House released on November 15, 2017 the Vulnerabilities Equities Policy and Process for the United States Government (“VEP”) — the process by which the Government determines whether to disseminate or restrict information about new, nonpublic vulnerabilities that it discovers. This release was motivated by criticism following the allegations that ...
CFIUS 改革法案已提交国会
November 8, 2017, 科文顿电子期刊
(科文顿团队之前发表了有关于FIRRMA拟议法案的更为详细的英文文章,请点击此处阅览英文版。) 11月8日一早,参议院共和党二号人物参议员John Cornyn(德克萨斯州共和党员)提出了一项改革美国外国投资委员会(“CFIUS”)之权限和运作的议案。共同提出该议案的参议员还包括Dianne Feinstein(加利福尼亚州民主党员)和参议院情报特别委员会主席Richard Burr(北卡罗来纳州共和党员)等。众议员Robert Pittenger(北卡罗来纳州共和党员)在美国众议院提出了一项实质上相同的议案。拟议法案的正式名称为《外国投资风险评估现代化法案》(“FIRRMA”),其将成为自2007年《外国投资与国家安全法》(“FINSA”)(其已管辖CFIUS达十年之久)通过以来对CFIUS程序制度最重大的改革努力。
November 1, 2017
WASHINGTON—Covington represented CenturyLink in its acquisition of Level 3 Communications in a cash and stock transaction valued at approximately $34 billion. The acquisition closed today. The firm assisted Century Link in obtaining regulatory approvals by the Federal Communications Commission and state public utilities regulators, and in national security ...
US corporates braced for cyber-chaos
October 3, 2017, Commercial Dispute Resolution
David Fagan is quoted in a Commercial Dispute Resolution article regarding how companies are bracing for cyber attacks. According to Fagan, cybersecurity is “a one-way ratchet: all constituents, whether customers, regulators, business partners, claimant counsel and finders of fact, are increasingly aware of and focused on the risk [which] arises from operating ...
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 ...
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 ...
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 ...
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 ...
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 ...
科文顿荣膺钱伯斯国际贸易卓越奖
May 31, 2016
华盛顿-《钱伯斯美国》授予科文顿•柏灵律师事务所(“科文顿”或“本所”)2016年度国际贸易卓越奖。 《钱伯斯美国》每年的年度颁奖晚会将该国际贸易领域的卓越奖项颁发给一家律师事务所。今年恰逢《钱伯斯美国2016年指南》发布,科文顿在该指南的贸易和贸易相关领域亦获得全美一流律所的排名,这些领域包括国际贸易、国际贸易:美国外国投资委员会(CFIUS)专家以及国际贸易:知识产权(337调查)等方面。 《钱伯斯》描述科文顿“具有王者风范的国际贸易团队”“位于市场前沿……且以其在CFIUS、出口管制、经济制裁、贸易救济和政策问题等方面的出色工作而享有声誉”。《钱伯斯》还强调了该团队“优秀的客户服务和对贸易法中细微之处的全面理解”。 除了律所的排名,本所有10位律师在国际贸易各个领域获得肯定,他们包括Maureen ...
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 ...
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 ...
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...… ...
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 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.”
October 2015, Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers
科文顿荣膺《中国法律商务》多项奖
September 17, 2015
上海,2015年9月17日 - 《中国法律商务》在其年度颁奖晚会上颁于科文顿“年度国际律师事务所:生命科学领域”大奖。该中国领先的法律刊物还颁于徐辉“律界新星:监管与合规领域”的奖项,并且认可了本所在“年度交易”联想并购IBM服务器业务中的作用。 上述奖项认可了科文顿法律工作的“创新性、复杂性和市场影响”,并且“肯定了这些工作对法律市场的影响和对中国法律领域质量和发展的推进作用”。 年度国际律师事务所 - 生命科学领域 科文顿的生命科学行业团队整合了本所丰富的交易、监管和知识产权的经验,以满足生命科学公司的专业需求。该团队在这些执业领域内有着丰富的跨法域经验,并且在重要的医药市场如中国市场取得了显著的业绩。 律界新星 - ...
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.'"
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...… ...
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 ...
科文顿助联想收购交易获美国外国投资委员会批准
August 22, 2014
华盛顿特区,2014年8月22日 - 美国外国投资委员会(CFIUS)已经批准联想集团对国际商业机器公司(即IBM)旗下x86服务器业务的要约收购,金额为23亿美元。在获批过程中科文顿代表联想。David Fagan, Mark Plotkin, Stuart Eizenstat 和 Jonathan Wakely 在获得批准的工作中领导科文顿的团队。 科文顿已经在多家国际企业获得CFIUS批准的过程中担负重任。去年,本所就加拿大能源公司Nexen Inc.以151亿美元出售给中海油的交易为Nexen公司提供法律建议,以及就万向美国公司以2.566亿美元收购美国电池制造商A123 ...
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
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 21, 2013, Covington E-Alert
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
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. ...
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 ...
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 ...
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
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 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 ...
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 ...
The Evolving U.S.-China Trade and Investment Relationship
June 14, 2012, Testimony before the U.S.-China Economic and Security Review Commission
June 14, 2012, U.S.-China Economic and Security Review Commission
David Fagan testified before the Commission.
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 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 ...
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 ...
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 ...
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 ...
DOD Policy Guidance for Foreign Ownership, Control or Influence ("FOCI")
October 2009, Covington Report
Fall 2009, The Secure Times
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 ...
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 ...
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
- 《美国律师》,“年度交易撮合人”(2016)
- 《国家法律杂志》,“网络安全和数据隐私开拓者”(2015)
- 《中国法律商务》, “年度境外交易”
- 《法律360》,“国际贸易最有价值人士”(2014)
- 《钱伯斯美国指南》-隐私和数据安全领域的美国一流商业律师,(2009-2015), 以及国际贸易领域:外国投资委员会专家 (2010-2015)
- 《钱伯斯全球指南》,国际贸易---美国外国投资委员会专家(美国)及隐私和数据安全(美国)(2012-2016)
- 《美国法律 500强》, 在以下领域得到认可:网络犯罪(2015-2016),诉讼-国际贸易(2013-2016),以及科技-数据保护和隐私(2010-2015)
- 被列入《网络安全案卷》的“事件响应30”名单(2016)
- 《华盛顿特区超级律师》, “新星律师”(2013-2015)
- 《华盛顿人》,国家安全“顶级律师”(2013,2015),数据安全(2015)
- 《法律360》,新星律师---国际贸易(2010)