Mark E. Plotkin

Mark Plotkin focuses his practice on financial services, national security and data privacy. He is the only attorney in the United States to be nationally-ranked by Chambers USA in all three fields and he frequently handles matters that combine these disciplines, including in cases before the Committee on Foreign Investment in the United States (CFIUS), anti-money laundering (AML), and Bank Secrecy Act (BSA) matters, USA PATRIOT Act, Gramm-Leach-Bliley Act and Dodd-Frank Act compliance issues, and other bank regulatory, defense and security matters.

He has advised many leading companies, including non-banking companies such as AAA, Facebook, Microsoft, the NFL and Yahoo!, on financial services matters. He also advises and represents many U.S. and foreign banking and financial services firms before the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (FRB), the Federal Deposit Insurance Corporation (FDIC), the Federal Trade Commission (FTC) and other domestic and foreign regulatory agencies. These matters include de novo bank charters, mergers and acquisitions, bank activities and structures, electronic banking, data privacy, security breaches, anti-money laundering and BSA compliance reviews, and compliance with other laws. He is recognized for his expertise in electronic commerce and pioneering novel banking powers and services. He is co-editor of Regulation of Foreign Banks and Affiliates in the United States (West Publishing, 2012), and editor-in-chief of E-Commerce Law and Business (Aspen Publishing, 2003).

In the national security arena, Mr. Plotkin represents clients before CFIUS in obtaining Exon-Florio approval for foreign investments in the United States and on foreign ownership, control, or influence (FOCI) reviews before the Defense Security Service (DSS) of the U.S. Department of Defense. His experience includes negotiating several of the most significant, complex and sensitive national security agreements with the U.S. government in recent years. Among other landmark CFIUS matters, Mr. Plotkin represented IBM in the company's $1.75 billion sale of its personal computer division to Lenovo, Stanley Inc. in its $1 billion acquisition by CGI Group, Deutsche Börse in its $9.5 billion acquisition of the New York Stock Exchange, Temasek Holdings in its multi-billion dollar investment in Merrill Lynch, and Global Crossing in its acquisition by Singapore Technologies Telemedia. Mr. Plotkin chairs the Firm's National Security and Defense Industry Group, is a frequent writer and lecturer on national security matters, and teaches a course on national security law at Georgetown University Law Center.

Representative Matters

· AAA - financial services

· AOL - national security

· BAE Systems - national security

· Broadridge - financial services

· Brown Brothers Harriman - financial services

· BT - national security

· Carlyle Group - national security

· Deutsche Börse - national security

· Energy Future Holdings - national security

· Expedia - financial services

· Facebook - financial services

· Forethought Financial Group - financial services

· Gaz Métro - national security

· Hulu - financial services

· IBM - national security matters

· Investment Company Institute - financial services

· JP Morgan Chase - financial services matters

· Lindsay Goldberg - national security

· Microsoft - financial services

· National Cooperative Bank - financial services

· New York Life - financial services

· National Football League - financial services

· Northrop Grumman - national security

· Procter & Gamble - financial services

· Pacific Telecom - national security

· Regions Bank - financial services

· Temasek Holdings - national security/financial services

· Westinghouse - national security

· Yahoo! - financial services

Honors and Rankings

· Chambers USA: America's Leading Lawyers for Business (multiple years)

· Best Lawyers in America (multiple years)

· Super Lawyers (multiple years)

· Legal 500 US (multiple years)

· Washingtonian Magazine - Best Lawyers in Washington (multiple years)

Memberships and Affiliations

· Co-Editor and co-author, Regulation of Foreign Banks and Affiliates in the United States (West Publishing, 2012)

· Editor-in-chief and co-author, E-Commerce Law and Business (Aspen Publishing, 2003)

· National Eagle Scout Association

· Yale University, Class Secretary

· Harvard Law School, Reunion Chair

· Adjunct Professor of Law, Georgetown University Law Center

· Berkeley College Fellow

· Sidwell Friends School Development Board (1998-2004)

· Board of Governors, Association of Yale Alumni (2007-2010)

· Harvard College, Teaching Fellow (1984-1986)

Publications and Speeches

· Mr. Plotkin participated in an interview, "Covington Looks to 'Demystify' CFIUS in South Korea," with Main Justice on the review process for investments from Korea undertaken by the Committee on Foreign Investment in the United States (4/16/2012).

· Mr. Plotkin is featured in "Overseas Oversight," ABA Journal (August 2008).

Publications

· "CFIUS 2010 Annual Report to Congress," Covington E-Alert (12/13/2011), Co-Author

· "FBAR Filing Deadline Extended for Certain US Persons," Covington E-Alert (6/7/2011), Co-Author

· "FinCEN Issues Proposed Regulations Implementing Iran Sanctions Legislation," Covington E-Alert (5/6/2011), Co-Author

· "FBAR Final Regulations Expand Reporting Requirements," Covington E-Alert (3/29/2011), Co-Author

· "China Issues National Security Review Rules For Foreign Investment," Covington E-Alert (2/18/2011), Co-Author

· "President to Sign Into Law Legislation Narrowing Scope of Red Flags Rule," Covington E-Alert (12/14/2010), Co-Author

· "Foreign Direct Investment and U.S. National Security: CFIUS Under the Obama Administration," Columbia FDI Perspective (6/7/2010), Co-Author

· "Recent Developments Regarding National Interest Determinations and Defense Department Report on the Targeting of U.S. Technologies," Covington Advisory (4/21/2010), Co-Author

· "Senate Financial Reform Legislation Addresses Proprietary Trading," Covington E-Alert (3/19/2010), Co-Author

· "Senators Merkley and Levin Introduce Proprietary Trading Legislation," Covington E-Alert (3/12/2010), Co-Author

· "Recent Treasury Guidance On Foreign Bank Account Reports," Covington E-Alert (3/8/2010), Co-Author

· "Federal Reserve Issues Proposed Guidance on Incentive Compensation," Covington E-Alert (10/23/2009), Co-Author

· "DOD Policy Guidance for Foreign Ownership, Control or Influence ("FOCI")," Covington Report (October 2009), Co-Author

· "Steering the Deal Through," India Business Law Journal (September 2009), Co-Author

· "FTC Provides Additional Time for Companies to Comply with Red Flags Rule," Covington E-Alert (7/29/2009), Co-Author

· "FDIC Issues Proposed Policy Statement On Qualifications For Failed Bank Acquisitions," Covington E-Alert (7/2/2009), Co-Author

· "The Supreme Court's Cuomo Decision," Covington E-Alert (6/29/2009), Co-Author

· "Obama Administration Outlines Proposal for Comprehensive Financial Regulatory Reform," Covington E-Alert (6/17/2009), Co-Author

· "Obama Administration Outlines Executive Compensation Reform Plans," Covington E-Alert (6/10/2009), Co-Author

· "New Credit Card Legislation," Covington E-Alert (5/21/2009), Co-Author

· "Red Flags Rule Compliance Deadline," Covington E-Alert (4/27/2009), Co-Author

· "Treasury Outlines Framework for Financial Regulatory Reform," Covington E-Alert (3/27/2009), Co-Author

· "Treasury Releases Details on Public-Private Investment Program," Covington E-Alert (3/24/2009), Co-Author

· "Agencies Release Information on Forward-Looking Economic Assessments," Covington E-Alert (2/26/2009), Co-Author

· "Treasury Issues Additional Guidance for the Capital Assistance Program," Covington E-Alert (2/26/2009), Co-Author

· "Obama Administration Unveils Housing Support and Foreclosure Mitigation Plan," Covington E-Alert (2/18/2009), Co-Author

· "Congress Passes New Executive Compensation Restrictions for TARP Recipients," Covington E-Alert (2/17/2009), Co-Author

· "Obama Administration Unveils Financial Stability Plan," Covington E-Alert (2/10/2009), Co-Author

· "Treasury Issues New Executive Compensation Guidelines Under the TARP," Covington E-Alert (2/5/2009), Co-Author

· "Russia in America: The CFIUS Effect," America in Russia (January/February 2009), Co-Author

· "Investment Regulations: A Question of National Security," Legal Week (1/29/2009), Co-Author

· "Obama Administration Outlines Conditions for Remaining TARP Funds," Covington E-Alert (1/16/2009), Co-Author

· "Treasury Releases Additional Information Under the Capital Purchase Program for Financial Institutions in Subchapter S Corporation Form," Covington E-Alert (1/15/2009), Co-Author

· "Latest M&A Review Gives Foreign Investors More Certainty in US," Shanghai Daily (1/14/2009), Co-Author

· "The Revised National Security Review Process for FDI in the US," Vale Columbia Center (1/7/2009), Co-Author

· "Treasury Establishes Targeted Investment Program," Covington E-Alert (1/5/2009), Co-Author

· "Client Advisory On New Federal Credit Card Regulations," Covington E-Alert (12/19/2008), Co-Author

· "Guidance Concerning National Security Reviews by CFIUS," Covington E-Alert (12/2/2008), Co-Author

· "After the Storm," The Financial Regulator (December 2008), Author

· "Failing Financial Institution Opportunities," Covington E-Alert (12/1/2008), Co-Author

· "Federal Reserve Establishes Term Asset-Backed Securities Loan Facility," Covington E-Alert (11/25/2008), Co-Author

· "FDIC Issues Final Rule Implementing the Temporary Liquidity Guarantee Program," Covington E-Alert (11/24/2008), Co-Author

· "Treasury Releases Additional Information Under the Capital Purchase Program for Private Banks and Bank Holding Companies," Covington E-Alert (11/18/2008), Co-Author

· "Foreign Direct Investment by Sovereign Wealth Funds: Using the Market and the Committee on Foreign Investment in the United States Together To Make the United States More Secure," The Yale Law Journal Pocket Part (11/17/2008), Author

· "New CFIUS Regulations," Covington Advisory (11/16/2008), Co-Author

· "Agencies and Enterprises Announce Program to Prevent Foreclosures," Covington E-Alert (11/12/2008), Co-Author

· "Federal Reserve Establishes Money Market Investor Funding Facility," Covington E-Alert (10/21/2008), Co-Author

· "Treasury Issues Additional Guidance for the Capital Purchase Program," Covington E-Alert (10/20/2008), Co-Author

· "Federal Reserve Issues Additional Guidance on the Commercial Paper Funding Facility," Covington E-Alert (10/15/2008), Co-Author

· "Treasury Announces Capital Purchase Program for Financial Institutions," Covington E-Alert (10/14/2008), Co-Author

· "Federal Reserve Establishes Commercial Paper Funding Facility," Covington E-Alert (10/8/2008), Co-Author

· "Congress Passes Omnibus Financial Recovery," Covington E-Alert (10/3/2008), Co-Author

· "Treasury Department Commences Guaranty Program for Money Market Funds," Covington E-Alert (9/30/2008), Co-Author

· "Congressional and Administration Leaders Reach Agreement: Proposed Emergency Economic Stabilization Act of 2008," Covington E-Alert (9/29/2008), Co-Author

· "Treasury Legislative Proposal for Authority to Purchase Troubled Assets," Covington E-Alert (9/23/2008), Co-Author

· "Private Equity Investments in Financial Institutions Part II - The Federal Reserve Issues Policy Statement," Covington E-Alert (9/23/2008), Co-Author

· "Federal Reserve Approves Goldman Sachs and Morgan Stanley Applications to Become Bank Holding Companies," Covington E-Alert (9/23/2008), Co-Author

· "Federal Bank Regulators Turn Up the Heat: Responding to Enforcement Actions," Covington E-Alert (July 2008), Co-Author

· "Private Equity Investments in Financial Institutions," Covington E-Alert (6/12/2008), Co-Author

· "America's Blueprint for Change," The Financial Regulator (June 2008), Author

· "FACT Act Regulations Govern Affiliate Marketing and Identity Theft," BNA's Privacy & Security Law (2/28/2008), Co-Author

· "Senate Passage of CFIUS Reform Bill (S. 1610)," Covington E-Alert (6/29/2007), Co-Author

· "Online Banking's Battle Against Phishing," The Privacy & Data Protection Legal Reporter (December 2006), Co-Author

· "The Customers View of "Know Your Customer"," Bloomberg Corporate Law Journal (Fall 2006), Co-Author

· "BSA/AML Regulatory Alert," Covington E-Alert (5/8/2006), Co-Author

· "Banking on Security in the United States: The New Data Protection Landscape for Financial Institutions," 86 BNA: Banking Report 291 (2/6/2006), Co-Author

· "Foreign Investment Laws and National Security: Lessons from Exon-Florio," in Monograph on the Committee on Foreign Investment in the United States (Critical Infrastructure Protection Program, George Mason University School of Law) (2/1/2006), Co-Author

· "Data Security Update," Covington E-Alert (1/27/2006), Co-Author

· "BSA/AML Regulatory Alert," Covington E-Alert (1/5/2006), Co-Author

· "Privacy and Security Obligations of Banks and Financial Institutions: An Overview of Federal Requirements," 1 The Privacy & Data Protection Legal Reporter 1 (November 2005), Co-Author

· "Identifying the High Risk Customer: An International Banking Perspective," ABANA Review (Fall 2005), Co-Author

· "National Security Regulation of Foreign Investments and Acquisitions in the United States," China Law & Practice (June 2005), Co-Author

· "Incidents Involving Personal Information Draw Scrutiny," Covington E-Alert (3/16/2005), Co-Author

· "FTC Settles Charges Relating to Online Privacy Policy," Covington E-Alert (7/15/2004), Co-Author

· "CFIUS and Network Security Agreements," Covington Report (3/12/2004), Co-Author

· "Treasury Final Rules on Verifying Customer Identity for New Accounts," Covington Report (5/13/2003), Co-Author

· "Trademarks," chapter in E-Commerce Law & Business (2 vols.), Aspen Publishers (January 2003), Co-Editor and Contributor

· "Don't Hack Back," 46 Security Management 57 (November 2002), Author

· "Degree of Care by Corporation Critical to Liability Exposure," BNA Corporate Counsel Weekly, Vol. 17, No. 34, pp. 272 et seq. (8/28/2002), Co-Author

· "Securing Firm Networks," National Law Journal p. C15 (8/19/2002), Author

· "Ringster: The Internet's Next Assault On Music Copyright," World eBusiness Law Report (11/21/2001), Author

· "Web Identity Is The 'Name' Of The Game," World eBusiness Law Report (9/11/2001), Author

· "Steering Clear of the Privacy Safe Harbor - What Next for American Companies and the European Union?," World eBusiness Law Report (6/19/2001), Author

· "Challenge and Opportunity: Electronic Business-to-Business Transactions and Markets," 21st Annual Institute on Computer Law, Course Handbook, Practising Law Institute (2001), Author

· "Electronic Signatures in Global and National Commerce Act: The Federal E-Sign Bill - An Overview," Covington Alert (7/3/2000), Co-Author

· "B2B or Collusion: That Is the Question Antitrust Enforcers Will Ask of Business-to-Business Sites," Legal Times at 36 (4/3/2000), Co-Author

· "How to Negotiate the Dot.com Maze in the United States," Corporate Finance 40 (April 2000), Author

· "Mind Your Own Business: Innovators Must Help Themselves as PTO Dishes Out Dot-Com Patents," Legal Times (2/14/2000), Author

· "Banking in the United States in the New Millennium," 14 Journal of International Banking Law 42 (February 2000), Co-Author

· "Beyond Amazon.Com: How Traditional Companies Can Navigate the Web," Legal Times at S31 (3/1/1999), Author

· "Smart Cards: Why Regulation Is Premature," 12 Journal of International Banking Law 459 (1998), Co-Author

· "The New Interstate Banking Act," 11 The Review of Banking & Financial Services 1 (January 1995), Co-Author

· "A Summary of the Riegle-Neal Interstate Banking and Branching Efficiency Act," 9 J. Int'l Banking L. 402 (October 1994), Co-Author

· "Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994," 7 Government Policy Consultants Canadian Fin. Institutions Q. 34 (Fall 1994), Co-Author