David Fagan

Covington & Burling LLP

David Fagan’s practice covers national security law, international trade and investment, and global privacy and data security. Mr. Fagan has represented clients before federal and state government agencies and Congress in connection with a range of issues, including regulatory approvals of international investments, national security-related criminal investigations, high-profile congressional investigations, and federal and state regulatory and enforcement actions in the data security area.

On investment issues, Mr. Fagan has represented foreign and domestic clients in various industries (including defense, software, information technology, communications, energy, aviation, maritime transportation, ports, and biotechnology/pharmaceuticals) in securing the approval of the Committee on Foreign Investment in the United States (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.

In the privacy and data security area, Mr. Fagan counsels clients on assessing data security practices, 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 dozens of data security breach matters involving millions of affected consumers.


Mr. Fagan has written extensively on national security, foreign investment, data security, and cybersecurity matters, and is the author of the chapter on “The US Regulatory and Institutional Framework for FDI” in the book Investing in the United States: Is the US Ready for FDI from China, a leading treatise on Chinese investment in the United States. Mr. Fagan also is an Adjunct Professor of Law at Georgetown University Law Center, teaching a seminar on “National Security Law and the Private Sector.”