David Fagan is a partner at Covington & Burling and co-chair of the firm's cross border investment and national security practice. He previously served as a CIA analyst before joining Covington and becoming a Chambers rated lawyer and the American Lawyer Dealmaker of the Year for 2016.
This episode references:
- Committee on Foreign Investment in the United States (CFIUS)
- Foreign Ownership, Control or Influence (FOCI)
- Executive Order 11858 establishing CFIUS
- Foreign Investment and National Security Act of 2007 (FINSA) and the current law at 50 USC 4565
- Dubai World Ports Controversy
- Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)
- Ralls Corp. v. Committee on Foreign Investment in the United States, et al., No. 13-5315 (D.C. Cir. July 15, 2014)
- Obama order compelling the divestiture of the Ralls Windfarm
- The proposed new CFIUS bill: Foreign Investment Risk Review Modernization Act of 2017 (S.2098)
- This episode does not discuss the new law in depth, for more, read the Covington CFIUS Reform alert