Robert K. Magovern

Co-Vice Chair, Transportation & Trade

Robert's practice focuses on counseling U.S. and foreign companies on a variety of domestic and international antitrust, foreign investment, national security, and trade regulation issues. He also counsels clients on government contracts and general procurement issues across all industries.  Across these practice areas, Robert regularly represents clients before federal agencies in Washington, D.C., as well as foreign governments and international organizations.

In his antitrust practice, Robert advises clients on a wide range of competition matters, with an emphasis on companies involved in joint ventures, teaming arrangements, and other cooperative activities. His counseling work includes providing advice to enterprises in multiple industries on issues relating to competitor communications, information sharing agreements, benchmarking activities, competitive pricing and distribution, bid rigging, refusals to deal, trade association compliance, and U.S. and international pre-merger clearance. Robert has developed corporate and association antitrust compliance programs, and has represented businesses involved in civil and criminal government antitrust investigations. Robert has particular experience dealing with the unique intersection of global antitrust laws and shipping regulations. He regularly represents ocean common carriers, marine terminals, and their cooperative arrangements before the Federal Maritime Commission, the Department of Justice, and governments around the world.

In his international trade practice, Robert has extensive experience advising and representing both U.S. and international clients in matters before the Committee on Foreign Investment in the United States (CFIUS), a multi-agency group with the statutory authority to review and block proposed transactions and investments for national security reasons. Robert works with clients to conduct pre-CFIUS filing analysis and due diligence to determine potential national security issues; preparing for CFIUS reviews and investigations, including assessing whether specific transaction or investment structures create CFIUS jurisdiction; and negotiating deal terms with the government and preparing filings before CFIUS. He assists clients with other security-related issues, including mitigation of foreign ownership, control or influence (FOCI), and compliance with industrial security rules administered by the Defense Counterintelligence Security Agency (DCSA). He also has experience in matters involving the U.S. economic sanctions regulations administered by the Office of Foreign Asset Controls (OFAC), U.S. export control laws, including the International Traffic in Arms Regulations (ITAR) administrated by the State Department and the Export Control Regulations (EAR) administrated by the Department of Commerce.

As part of his government contracts practice, Robert represents clients in a range of industries, including maritime, aviation, defense, engineering, health care, information technology, and security services. He has successfully prosecuted and defended bid protests before defense and civilian agencies and the U.S. Government Accountability Office (GAO).  He routinely counsels businesses on compliance with the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), executive orders, Small Business Administration (SBA), statutory, and regulatory provisions incorporated into each federal contract. He also guides buyers and sellers through the M&A process by conducting due diligence to assess risk associated with the acquisition or sale of government contractors.

As part of his regulatory compliance practice, Robert serves as counsel to Cozen O’Connor Public Strategies and its clients, where he advises commercial and political entities on federal regulatory, administrative, and public procurement issues.

Robert earned his undergraduate degree from Boston University in 2001 and his law degree from The Catholic University of America, Columbus School of Law in 2004.

Experience

News

Cozen O’Connor Assists Wayve Technologies in Obtaining CFIUS Clearance for Landmark U.K. Investment

July 23, 2024

Cozen O’Connor represented Wayve Technologies, a developer of autonomous vehicle technology, in clearing a review of a $1.05 billion Series C round of funding with the Committee on Foreign Investment in the United States (CFIUS).

Legal 500 Recognizes Seven Cozen O’Connor Practice Areas and 16 Cozen O'Connor Attorneys in its 2024 Legal Guide

July 10, 2024

The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, Maritime, and Mergers & Acquisitions practices and Cozen O’Connor attorneys Scott Bettridge, Raymond DeLuca, Michael Deutsch, Geoffrey Ferrer, Bruce Ficken, Jonathon Foglia, David Heffernan, Matthew Howell, James Kwartnik, Robert Magovern, Jeffrey Mullen, Patrick Rizzi, Rachel Schwartz, Josh Stein, Jeff Vogel, and Rachel Welford to its 2024 Legal Guide.

Cozen O’Connor Serves as U.S. Counsel to Cogne Acciai Speciali SpA on Definitive Agreement to Acquire Capital Stock of Mannesmann Stainless Tubes GmbH

March 05, 2024

Mannesmann has operations and operating plants throughout the United States as well as in Germany, France, and Italy. The transaction is valued at €135 million.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 16 Attorneys in its 2023 Guide

July 10, 2023

Cozen O'Connor's Aviation (Litigation/Regulation), Construction, L&E, M&A (Midmarket), Shipping (Finance and Litigation/Regulation) practices were ranked by the Legal 500.

Cozen O'Connor Names 11 New Shareholders

September 12, 2022

Cozen O’Connor is pleased to announce the promotion of 11 members to shareholders.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 14 Cozen O'Connor Attorneys in its 2022 Legal Guide

July 11, 2022

For 30 years, The Legal 500 has assessed the strengths of law firms in more than 100 jurisdictions. The rankings use a series of criteria, including client feedback, submissions from law firms, and interviews with leading private practice lawyers.

Cozen O’Connor Announces Changes to Firm Management 2022

March 23, 2022

Cozen O’Connor is pleased to announce the following changes in firm leadership positions for the 2022 year.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 12 Cozen O'Connor Attorneys in its 2021 Legal Guide

June 17, 2021

The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O’Connor attorneys Scott Bettridge, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, Jeffrey Mullen, Josh Stein, Jeff Vogel, and Rachel Welford to its 2021 Legal Guide.

Punching In: Unemployment Funding Decision Confronts DOL Chief

May 17, 2021

Robert Magovern was quoted in an article published by Bloomberg Law article which discusses how The U.S. Labor Department must determine how it will distribute $2 billion in unemployment insurance administrative funding that Congress provided in the American Rescue Plan.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 13 Cozen O'Connor Attorneys in its 2020 Legal Guide

June 22, 2020

The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O’Connor attorneys Scott Bettridge, Stephen Cozen, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, Jeffrey Mullen, Josh Stein, Christopher Sweeney, and Jeff Vogel to its 2020 Legal Guide.

Publications

State Department Proposes Amendment to ITAR, Aiming to Bolster AUKUS Partnership [Alert]

May 02, 2024

The U.S. State Department's proposed rule would reduce International Traffic and Arms Regulations (ITAR) licensing requirements for the transfer of defense articles or services between the U.S., Australia, and the U.K.

Proposed CFIUS Rules Affirm Evolution and Growth of Review Process, Expansion of Penalties [Alert]

April 12, 2024

The Committee on Foreign Investment in the United States (CFIUS) issued a proposed update expanding its mitigation and enforcement provisions and increasing the maximum penalties.

Federal Maritime Commission Charges Forward with Interim Procedures for OSRA 22 Complaints [Alert]

December 05, 2022

The FMC released “Interim Procedures for Processing Charge Complaints” filed with the Commission under the Ocean Shipping Reform Act of 2022.

With Signs of Enforcement on Horizon, CFIUS Releases Penalty Guidelines

October 24, 2022

CFIUS' new set of guidelines point to a potentially heightened enforcement environment in their efforts to protect U.S. national security interests.

Biden Administration Significantly Expands CFIUS National Security Factors [Alert]

September 21, 2022

President Biden signed an Executive Order connecting the work of the CFIUS to national security aims beyond the traditional defense industrial base.

In or Out? House Pressures Federal Contractors to Exit Russian Market

April 14, 2022

The House's Federal Contracting for Peace and Security Act would prohibit federal contractors from continuing to do business in the Russian Federation.

U.S. Responds to Russian Invasion of Ukraine with Costly Sanctions [Alert]

March 07, 2022

Bob Magovern, Wayne Rohde, and Rachel Welford discuss the series of unprecedented economic sanctions and export controls designed to prevent President Vladimir Putin from raising capital to fund its invasion of Ukraine.

White House Task Force: Covered Employees of Federal Contractors Must Be Vaccinated by December 8 [Alert]

September 28, 2021

Robert Magovern and Matthew Howell discuss the guidance for federal contractors and subcontractors pursuant to President Biden’s Executive Order 14042.

What Federal Contractors Need to Know About the Biden Administration’s Vaccine Mandate

September 16, 2021

Matt Howell and Bob Magovern discuss what Biden's September 9, 2021, executive order means for federal contractors.

OFAC Amends and Reissues More Comprehensive Somalia Sanctions Regulations [Alert]

May 03, 2021

Rachel Welford, Robert Magovern and Wayne Rohde discuss OFAC's reissued Somalia Sanctions Regulations, which incorporate executive orders from 2010.

New Executive Order Requires Many Federal Contractors to Increase Minimum Wage for Workers by 2022 [Alert]

April 28, 2021

Bob Magovern and Matt Howell discuss Biden's executive order increasing the minimum wage for federal contactors.

U.S. Announces Sweeping New Sanctions Targeting Russia [Alert]

April 21, 2021

Wayne Rohde, Robert Magovern and Matthew Howell discuss Executive Order 14024 imposing new sanctions on the Russian Federation in response to foreign election interference in the 2020 U.S. federal election and the SolarWinds cyberattack aimed at various U.S. federal agencies.

Paycheck Protection Program Extended

March 26, 2021

The Paycheck Protection Program is scheduled to expire March 31, 2021. However, the program still has a large amount of unspent money, and there is still considerable support for the program in Congress.

How Rebooted Paycheck Protection Program Works: Part 2

January 22, 2021

Steve Dickinson, Robert Magovern, and James Van Orden discuss key provisions to the Consolidated Appropriations Act, which revived the original Paycheck Protection Program (PPP), with some modifications, in part two of a two-part article in Law360.

New PPP Forgiveness Guidance And Forms [Alert]

January 22, 2021

Steve Dickinson, Bob Magovern, and James Van Orden discuss the SBA's interim final rule governing forgiveness of PPP loans and the new versions of the three forgiveness application forms, including a streamlined form for loans up to $150,000.

How Rebooted Paycheck Protection Program Works: Part 1

January 21, 2021

Steve Dickinson, Robert Magovern, and James Van Orden discuss the omnibus budget act that reinstituted the Paycheck Protection Program (PPP) in part one of a two part article in Law360.

Restarting the Paycheck Protection Program [Alert]

January 08, 2021

Steve Dickinson, James Van Orden, and Bob Magovern discuss the Paycheck Protection Program startup and highlights key provisions of the two new implementing rules.

The “New and Improved” Paycheck Protection Program [Alert]

December 28, 2020

James Van Orden, Robert Magovern, and Steven Dickinson outline the changes made to the PPP in the omnibus budget signed by President Trump this weekend.

CFIUS Finalizes New Mandatory Filing Rule for Critical Technologies [Alert]

September 18, 2020

Bob Magovern and Katie Sobotta discuss the U.S. Department of the Treasury's final rule that alters and expands the scope of foreign investments involving critical technologies that are subject to mandatory review by CFIUS.

New Rule Bans Federal Contractors from Using Chinese Telecom Equipment [Alert]

August 19, 2020

Bob Magovern and Matt Howell discuss an interim final rule published by the Federal Acquisition Regulations Council that prohibits the use of certain telecommunications equipment produced by Chinese entities such as Huawei, ZTE, and Hikvision, among others by federal contractors.

SBA to Begin Accepting PPP Forgiveness Applications on August 10 [Alert]

July 27, 2020

Steve Dickinson, James Van Orden, and Bob Magovern discuss the SBA's procedural notice to lenders participating in the PPP concerning PPP loan forgiveness.

Paycheck Protection Program Updates [Alert]

July 07, 2020

Steve Dickinson, James Van Orden, and Bob Magovern discuss updates to the Paycheck Protection Program.

New PPP Forgiveness Application Forms [Alert]

June 18, 2020

Steve Dickinson, James Van Orden, and Bob Magovern discuss the new Form 3508EZ and Form 3508 for PPP loan forgiveness.

Additional Clarification of Paycheck Protection Program Changes [Alert]

June 09, 2020

Steve Dickinson, James Van Orden, and Bob Magovern discuss the joint statement by the Small Business Administration and Department of the Treasury concerning changes in SBA rules and forms that are necessary to implement the Flexibility Act.

Major Changes in the Paycheck Protection Program [Alert]

June 05, 2020

Steve Dickinson discusses the Flexibility Act of 2020 and the changes to the PPP.

SBA Additional Guidance on PPP Loan Forgiveness and Loan Reviews [Alert]

May 28, 2020

Steve Dickinson, Bob Magovern, and James Van Orden discuss the two new rules issued by the SBA that provide some additional insight into the Paycheck Protection Program (PPP) loan forgiveness.

SBA’S Long-Awaited PPP Loan Forgiveness Guidance [Alert]

May 19, 2020

James Van Orden, Bob Magovern, Marty Schrier, and Steve Dickinson discuss the SBA's guidance on forgiveness of Paycheck Protection Program (PPP) loans that allow small businesses and self-employed individuals to seek full forgiveness of their PPP loans that are being used to pay employee wages and other critical expenses during the COVID-19 pandemic.

Small Business Relief Programs Receive Additional Funding [Alert]

April 24, 2020

Steve Dickinson, Marty Schrier, James Van Orden, and Bob Magovern discuss the Paycheck Protection Program and Health Care Enhancement Act, which adds $310 billion in funding to the Paycheck Protection Program and an additional $60 billion to the Economic Injury Disaster Loan program.

SBA Asks: Did You Really Need Your PPP Loan? [Alert]

April 23, 2020

Steve Dickinson, James Van Orden and, Bob Magovern discuss the SBA's recent FAQ regarding public companies receiving PPP loans.

FMC Expands Use of Innovation Teams to Respond to COVID-19 Supply Chain Concerns

April 16, 2020

Bob Magovern and Wayne Rohde discuss the FMC's order aimed at developing improvements to the U.S. ocean transportation supply chain through the use innovation teams.

Employers, Staffers, and Recruiters Now on Notice of Antitrust Enforcement During COVID-19 [Alert]

April 15, 2020

Bob Magovern discusses what the DOJ and Federal Trade Commission's joint statement means for employers.

SBA Issues Additional Guidance On Affiliation Rules Under The Paycheck Protection Program [Alert]

April 14, 2020

Steve Dickinson, James Van Orden, and Bob Magovern discuss the SBA's updated FAQ's on the Paycheck Protection Program.

SBA Issues Frequently Asked Questions on Paycheck Protection Program [Alert]

April 08, 2020

Steve Dickinson, Marty Schrier, Bob Magovern, James Van Orden, and Jason Kreps summarize the SBA's FAQs about Paycheck Protection Program loans.

Treasury Issues Interim Regulations on Affiliation Rules Under Payroll Protection Program

April 04, 2020

Steve Dickinson, James Van Orden, and Bob Magovern discuss the latest affiliation rules under the PPP as they apply to faith-based organizations.

Treasury Issues Regulations Implementing The PPP Loan Application Process [Alert]

April 03, 2020

Steve Dickinson and James Van Orden outline the updated regulations implementing Paycheck Protection Program loans.

Antitrust Agencies Offer COVID-19 Guidance and Warnings to Competitor Collaborations [Alert]

March 27, 2020

Robert K. Magovern and Matthew Howell discuss the DOJ's and FTC's joint statement pertaining to the enforcement of competition laws during the COVID-19 pandemic.

Industry Sectors

Education

  • Catholic University of America, Columbus School of Law, J.D., 2004
  • Boston University, B.S., 2001

Awards & Honors

Washington D.C. Super Lawyers Rising Star Top Rated Transportation & Maritime Attorney 2013 - 2019

The Legal 500 United States "Next Generation Lawyers" for Transport: Shipping in 2017 - 2024

  • District of Columbia
  • New York
  • District of Columbia Court of Appeals
  • New York Court of Appeals
  • Supreme Judicial Court of Massachusetts
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court -- District of Columbia