Washington

May 26, 2020, Covington Alert

On May 20, 2020, the Office of the Comptroller of the Currency (the “OCC”) issued a final rule overhauling its regulations implementing the Community Reinvestment Act (the “CRA”). The CRA, enacted in 1977, incentivizes banks to meet the credit needs of their entire communities, including low- and moderate-income (“LMI”) neighborhoods. The final rule makes the ...

May 26, 2020, Covington Alert

As we reported in our prior client advisory on the wave of investigations to follow the pandemic, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act established three new bodies to conduct oversight and investigations on pandemic-related issues. Separately, House Speaker Nancy Pelosi announced a special committee to conduct additional ...

May 26, 2020, Covington Alert

On May 22, 2020, FDA issued a temporary policy permitting manufacturers to use existing labels even if they need to make minor ingredient changes due to supply chain disruptions caused by the COVID-19 public health emergency. Limited shortages and other disruptions in the supply of food ingredients have already occurred, and manufacturers may experience ...

May 22, 2020, Covington Alert

Earlier this week, FDA and USDA issued a Memorandum of Understanding (“MOU”) establishing how the two agencies will communicate and collaborate with respect to the potential invocation of the Defense Production Act (“DPA”). The agreement outlines how the agencies will determine whether USDA will exercise its presidentially-delegated DPA authorities over ...

May 22, 2020, Covington Alert

Today, May 22, the Consumer Financial Protection Bureau (“CFPB”) issued an important no-action letter template in response to an application by the Bank Policy Institute (“BPI”), which could serve as the basis for no-action letter applications by BPI members and other deposit-taking institutions that wish to offer a standardized, small-dollar credit product as ...

May 22, 2020, Society of Actuaries

May 21, 2020, Covington Alert

On May 19, OSHA issued updated guidance reinstating employers’ obligations to record work-related COVID-19 cases. The guidance takes effect May 26. OSHA had previously suspended this obligation for most employers in an April 10 enforcement discretion document, but advocates for both employers and employees have recently pressed for more robust guidance from OSHA ...

May 21, 2020, Covington Alert

On May 20, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Office of the Comptroller of the Currency (collectively, the “agencies”) issued interagency principles (the “Lending Principles”) to encourage supervised banks, savings associations, and credit unions ...

May 21, 2020, Covington Alert

On May 21, 2020, the Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (“CFIUS”), published in the Federal Register a proposed rule (the “Proposed Rule”) that would amend the requirements to file with CFIUS certain transactions involving U.S. businesses that produce, design, test, manufacture, fabricate, or develop ...

May 21, 2020, Covington Alert

Slack-fill class actions have been proliferating. The vagaries of the definition of “nonfunctional slack fill” have made food, candy, and cosmetics manufacturers easy prey. But after the Second Circuit’s May 11 decision in Critcher v. L’Oréal USA Inc., slack-fill claims against cosmetics manufacturers will be harder to bring. Courts are now more likely to find ...

May 20, 2020, Covington Alert

Last week, the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture, through the Deputy Administrator for Animal Care (Animal Care), published its final revised regulations for licensing dealers, exhibitors, and operators of auction sales under the Animal Welfare Act, 7 U.S.C. §§ 2131, et seq. (AWA). The revised ...

May 20, 2020

NEW YORK—Latinvex has named Covington lawyers Nicole Duclos, Rubén Kraiem, Miguel López Forastier, and Gabriel Mesa among its list of Latin America’s Top 100 Lawyers. Ms. Duclos represents clients in international commercial and investment arbitration, as well as transnational litigation.  According to the publication, “Nicole Duclos is a skilled practitioner ...

May 20, 2020, Financial Times

Christopher Hanson is quoted in the Financial Times regarding the private sector’s undertaking of COVID-19 testing for its employees. Mr. Hanson notes that diagnostic testing “presents an array of regulatory considerations” in the U.S., such as checking whether a test has been approved by regulators. He says that even in the U.S. “the landscape is changing ...

May 20, 2020, Bloomberg Law

Randy Benjenk is quoted in Bloomberg Law regarding new anti-redlining rules from the Office of the Comptroller of the Currency. Mr. Benjenk says the OCC’s plans to assess new data as banks are still complying with existing CRA rules is going to create problems for the industry and the agency’s examiners. He adds, “CRA personnel are going to have to be doing many ...

May 20, 2020, Law360

Randy Benjenk spoke with Law360 about the Office of the Comptroller of the Currency’s overhaul of bank regulations of lending to low-income and underserved communities. The rulemaking document still leaves some open questions, including what specific numerical thresholds and benchmarks banks will be judged against under the revised grading methodology. Mr. ...

May 19, 2020

WASHINGTON —Marlene Aquino has joined Covington as its Chief Diversity & Inclusion Officer. Ms. Aquino will serve as Covington’s most senior administrative officer for diversity and inclusion and work closely with the leaders of the firm’s Diversity & Inclusion Initiatives and the Management Committee in setting and implementing the firm’s strategic plans and ...

May 19, 2020, Covington Alert

The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its Annual Report to Congress regarding foreign acquisitions of, and investments in, U.S. businesses reviewed by CFIUS in 2018. The Committee also released a table reflecting data on the total number of formal reviews (not declarations) in 2019.

Updated July 2019, Covington Guide

In 1938, Congress enacted the Foreign Agents Registration Act ("FARA"), requiring "foreign agents" to register with the Attorney General. As amended over the years, it applies broadly to anyone who acts on behalf of a "foreign principal" to, among other things, influence U.S. policy or public opinion. Until recently, it was a backwater of American law—and a ...

May 18, 2020, Covington Alert

Businesses are developing plans for reopening workplaces. As they do, many employers are considering ways to determine which employees can safely return to the workplace, and what protective equipment should be provided to employees once they return. In both the United States and European Union, many of the products used in these strategies are regulated as ...

May 18, 2020, Covington Alert

On May 11, 2020, the U.S. Food and Drug Administration (“FDA”) issued new guidance on the development of drugs and biologics to treat or prevent COVID-19: COVID-19 Public Health Emergency: General Considerations for Pre-IND Meeting Requests for COVID-19 Related Drugs and Biological Products (“Pre-IND Guidance”) and COVID-19: Developing Drugs and Biological ...

May 18, 2020, Law360

Daniel Suleiman and Amanda Kramer spoke with Law360 about the safe harbor deadline established by the Small Business Administration for companies that may have improperly taken out loans through the Paycheck Protection Program. According to Mr. Suleiman, since SBA’s announcement that companies with substantial market value will not meet the required ...

May 17, 2020, Kyiv Post

May 15, 2020, Covington Alert

On May 7, 2020, the Centers for Medicare & Medicaid Services (“CMS”) announced that it had finalized the Notice of Benefit and Payment Parameters for 2021 (“2021 NBPP Final Rule”). The final rule, which will go into effect on July 13, 2020, expressly allows certain health plans to determine, to the extent permitted by state law, whether to count pharmaceutical ...

May 14, 2020, Covington Alert

The recently-enacted Coronavirus Aid, Relief, and Economic Security Act (CARES Act) added new section 506J to the Federal Food, Drug, and Cosmetic Act (FDCA). This section requires manufacturers of certain devices to notify FDA of an interruption or permanent discontinuance in manufacturing during, or in advance of, a declared public health emergency. On May 6, ...

May 14, 2020, Covington Alert

On May 7, 2020, the First Circuit handed down Lee v. Conagra Brands, Inc., which reinstates a previously-dismissed complaint alleging that Wesson Oil labeled “100% Natural” is plausibly misbranded because it contains corn oil made with GMOs. Until now, GMO class actions have had a mixed reception in the district courts. Lee is the first circuit court decision to ...

May 14, 2020, Covington Alert

The SEC and its staff continue to respond to the COVID-19 pandemic by providing public companies and other filers with relief from certain reporting requirements, as well as rule amendments. Recently, the SEC’s Division of Corporation Finance (the “Division”) issued several frequently asked questions (“FAQs”) relating to the SEC’s March 25, 2020 Order that ...

May 13, 2020, Covington Alert

Last month, we highlighted congressional efforts to ensure that Congress is able to continue conducting the business of the American people during the ongoing COVID-19 crisis. After weeks of halting progress, those efforts took an important step forward this morning with the release of a proposed resolution that would temporarily modify the House rules to enable ...

May 13, 2020, The National Law Journal

Beth Brinkmann spoke with The National Law Journal about the historic U.S. Supreme Court teleconference arguments during the COVID-19 pandemic. Ms. Brinkmann says, “The participation by Justice Thomas is a real benefit of the phone format. His questions to the advocates allow them the opportunity to address his concerns. It also means that the conversation can ...

May 13, 2020, Law360

May 13, 2020, Roll Call

David Martin spoke with Roll Call about the success of companies that consider environmental, social, and governance issues in their business models through the COVID-19 pandemic. Mr. Martin says, “The pandemic is causing companies to ask and answer questions which ESG, in some areas at least, has already been asking. What is your ability to cope with a broader ...

May 12, 2020, Covington Alert

So-called "pay-to-play" rules can be a source of substantial anxiety for companies and investment firms doing business with state or local governments. Due to these pay-to-play rules, the personal political contributions of company executives, directors, employees, and even family members of employees can cause their investment firm employers to lose millions of ...

May 12, 2020, Global Data Review

Libbie Canter is quoted in Global Data Review regarding a bill that would regulate contact-tracing apps and similar projects geared towards tracking the spread of COVID-19. Ms. Canter says the bill is narrow in scope, but where it does apply, the protections are stronger than those offered by state laws like the CCPA. She raises questions about how the bill ...

May 11, 2020

WASHINGTON—Damon Jones, who most recently served as Senior Vice President & General Counsel of the Washington Nationals Major League Baseball franchise, has joined Covington’s Sports Practice in the Washington office. Mr. Jones has more than 20 years of experience advising clients in sports, media, and entertainment matters. During his nearly 13 years with the ...

May 11, 2020, The Wall Street Journal

Lindsay Burke is quoted in The Wall Street Journal regarding the actions employers can take when asking employees to return to work during the COVID-19 pandemic. When addressing the concerns of an employee who is nervous to commute to work, Ms. Burke says, “If you are able to work from home, ask to do so. If you are considered a vulnerable individual or have an ...

May 7, 2020, Covington Alert

The Commerce Department on May 4, 2020, announced a new investigation under Section 232 of the Trade Expansion Act of 1962, this time examining whether “laminations for stacked cores for incorporation into transformers, stacked and wound cores for incorporation into transformers, electrical transformers, and transformer regulators are being imported into the ...

May 7, 2020, Covington Alert

In response to the ongoing impact of the COVID-19 outbreak, Nasdaq has adopted temporary relief through June 30, 2020 from shareholder approval requirements pertaining to the so-called “20% rule.” The relief is effective immediately and intended to give Nasdaq-listed companies additional flexibility to raise capital through private placements in situations where ...

May 6, 2020, Covington Alert

On May 1, President Donald Trump signed an executive order on “Securing the United States Bulk-Power System” (the “Order”) that gives the Department of Energy new authorities to block or mitigate certain transactions involving bulk-power system electric equipment designed, developed, manufactured or supplied by a “foreign adversary” based on national security ...

May 5, 2020, Covington Alert

The United States Food and Drug Administration (FDA) recently published a Guidance for Industry, Exemption and Exclusion from Certain Requirements of the Drug Supply Chain Security Act During the COVID-19 Public Health Emergency (Guidance), to (1) clarify the applicability of the Drug Supply Chain Security Act (DSCSA) to certain distribution activities, and (2) ...

May 5, 2020, Law360

May 5, 2020, Agence France-Presse

Lindsay Burke spoke with Agence France-Presse about the lawsuits U.S. businesses may face from employees who contract COVID-19 while at work. Ms. Burke says companies should follow government guidelines to protect themselves legally as they bring employees back into the workplace. “We are generally advising employers to resume on-site operations in a voluntary ...

May 4, 2020, Covingotn Alert

Since Covington’s last client alert on developments for the food industry during the COVID-19 public health crisis, the Occupational Safety and Health Administration (“OSHA”) and the Centers for Disease Control and Prevention (“CDC”) have posted a number of updates of interest to the industry. Additionally, President Trump has issued an Executive Order ...

May 4, 2020, Covington Alert

On May 4, 2020, the Federal Reserve Bank of New York (the “FRBNY”) released an updated series of Frequently Asked Questions (“FAQs”) regarding two of the Federal Reserve’s liquidity facilities established to provide financial assistance to businesses impacted by the COVID-19 pandemic: the Primary Market Corporate Credit Facility (“PMCCF”) and the Secondary ...

May 4, 2020, Covington Alert

In recent weeks, plaintiffs’ law firms that do not specialize in insurance coverage have filed requests to consolidate coronavirus-related insurance lawsuits into a single, federal multi-district litigation (MDL) proceeding, or into state or federal court class actions. The premise of these efforts is that coronavirus-related property and business interruption ...

May 4, 2020

WASHINGTON—For the third consecutive year, The National Law Journal has named Covington to its “Pro Bono Hot List.” The law firms appearing on the 2020 Pro Bono Hot List were recognized for taking on “some of the biggest issues of our time.” In its profile of the firm, The National Law Journal highlights Covington’s Pro Bono efforts in two significant matters. ...

May 1, 2020, American Banker

Karen Solomon is quoted in the American Banker regarding the potential emergence of fully remote bank exams. Ms. Solomon says, “The agencies can’t just pick up where the old schedule left off by the time the pandemic winds down. It’s going to take some time to catch up. This is uncharted territory."

April 30, 2020, Covington Alert

This Alert discusses relevant mechanisms and cross-border trends in responding to the COVID-19 pandemic in the pharmaceutical sector. It focuses on international developments and does not consider the many initiatives and activities that are taking place at the national or local level.

April 30, 2020, Covington Alert

Poison prevention has been one of several top priorities of the U.S. Consumer Product Safety Commission (“CPSC”) during the COVID-19 pandemic. President Trump’s recent speculation about the ingestion of disinfectants as a potential COVID-19 treatment prompted the agency to tweet an urgent safety warning the following day, and product manufacturers have issued ...

April 30, 2020, Covington Alert

As the impact of the COVID-19 pandemic spreads through every industry, companies that previously steered clear of Washington, D.C. may find themselves contacting the federal government for assistance. From communicating with Members of Congress about potential provisions of the CARES Act to requesting new forms of assistance from federal agencies that oversee ...

April 29, 2020, Covington Alert

April 29, 2020, Daily Journal

April 29, 2020, Covington Alert

As states grapple with the effects of the COVID-19 crisis, many have opted to make changes to campaign finance and lobbying reporting due dates and filing procedures. Covington has assembled a chart of changes to state campaign finance and lobbying filing schedules that states have announced as of last week.

April 29, 2020, Covington Alert

The day we have all been expecting has finally come — CFIUS filing fees are going into effect on May 1, 2020. As discussed in our earlier alert, on March 4, 2020, the Department of the Treasury (“Treasury”) issued a proposed rule regarding CFIUS filing fees, which were authorized under the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). ...

April 29, 2020, Covington Alert

On April 28, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published two final rules and one proposed rule to modify certain license exceptions and definitions in the Export Administration Regulations (“EAR”) (15 CFR Parts 730 – 774), based on concern that sensitive products and technologies were being diverted to military uses ...

April 29, 2020, The Wall Street Journal

Benedict Lenhart spoke with The Wall Street Journal about the lawsuits filed by policyholders suing their property insurers to pay coronavirus-related claims. Mr. Lenhart says with the mounting litigation, “it could be the battle of epidemiologists” over the presence of COVID-19, including contamination on surfaces and the duration of the contamination.

April 29, 2020, Roll Call

David Martin is quoted in Roll Call regarding the lasting effects of coronavirus on corporate annual meetings. Mr. Martin says, “I think this year’s experience will be a real needle-mover.” He also notes that  virtual meetings also have smaller carbon footprints, an impact about which some investors are increasingly concerned. Ultimately, how big of a shift ...

April 27, 2020, Covington Alert

Since Covington’s last client alert on developments for the food industry during the COVID-19 public health crisis, FDA and USDA have posted a number of updates of interest to the industry.

April 27, 2020, Bloomberg Law

April 27, 2020, Covington Alert

Whether a company is an essential business or is expecting to reopen in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to the workplace, but this general rule must ...

April 27, 2020, The Wall Street Journal

Yan Luo is quoted in The Wall Street Journal regarding China’s tough, new adoption of  cybersecurity rules for buyers of technology equipment, which could place foreign tech products at a disadvantage in the Chinese market. Ms. Luo says the prospect of potentially lengthy reviews may prompt Chinese companies to stay away from foreign products and services.

April 27, 2020, Law360

Michael Lloyd is quoted in Law360 regarding the implications of EU data protection laws on the U.S. Foreign Account Tax Compliance Act’s requirements. Mr. Lloyd says there has been very little, if any, traction for cases against FATCA in the U.S. He adds, “Those cases went nowhere in the U.S. They didn’t survive and there has been no real challenge.”

April 27, 2020, The Wall Street Journal

Lindsay Burke spoke with The Wall Street Journal about the incentives companies can offer to employees returning to work. Ms. Burke says, “Extremely large companies might offer to subsidize people's purchases of private vehicles or subsidize rental cars.”

April 24, 2020, Law360

Ronald Dove spoke with Law360 about the potential increase in trademark litigation cases following a U.S. Supreme Court ruling. Mr. Dove says, “An accidental infringement by a small mom-and-pop business is not likely to lead to an award of profits and financial ruin. But a willful or reckless disregard of preexisting trademark rights will now more readily be ...

April 23, 2020, Covington Alert

As the Paycheck Protection Program (“PPP”) is about to re-open following passage of a bill that will provide additional $310 billion in funds to the program (including funds reserved for loans by certain small and mid-sized lenders), the rules of the Small Business Administration (“SBA”) that prohibit or restrict loans to the small business ventures of bank ...

April 23, 2020, Covington Alert

On April 22, 2020, President Trump issued a proclamation titled “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” (the “Proclamation”). The Proclamation prohibits, for 60 days beginning on April 23, 2020, individuals who are currently outside the United States from ...

April 23, 2020, Fortune

Robert Kelner spoke with Fortune about the recent allegations of politicians committing insider trading and the implications under the STOCK Act. Mr. Kelner says, “Prior to the STOCK Act, it was a source of controversy whether the existing securities laws applied to members of Congress.” He points to “carve-outs” in Section 10 of the STOCK Act that, while not ...

April 23, 2020, Bloomberg Law

Thomas Brugato spoke with Bloomberg Law about the EPA’s warning to e-commerce platforms that they were being used to sell disinfectants that fraudulently claim to fight the coronavirus. Mr. Brugato says, “It’s been the case for some time that online sellers of pesticides are responsible for insuring compliance with the Federal Insecticide, Fungicide, and ...

April 23, 2020, Daily Journal

Wade Ackerman and Scott Danzis spoke with the Daily Journal about their work with clients on emergency use authorization (EUA) requests. Mr. Ackerman says of the firm, “One of the things I appreciate about being in California, but also part of this firm that’s deeply connected with D.C., is that we have connectivity with what’s going on at FDA and on the ...

April 23, 2020, Bloomberg Law

Carolyn Rashby is quoted in Bloomberg Law regarding the increase of “work sharing,” a tool that lets employees tap into jobless benefits when their hours are reduced, during the COVID-19 pandemic. Ms. Rashby says, “Having an option to keep people employed at some reduced percentage of their hours and pay but having that option to quickly say, ‘OK we’re ready to ...

April 23, 2020, Financial Times

Lindsay Burke and Carolyn Rashby spoke with the Financial Times about the request from U.S. businesses that seek a shield from litigation if they expose employees to COVID-19 after calling them back to work. Both Ms. Rashby and Ms. Burke note that the firm’s employment practice has been flooded with questions about how employers could minimize their legal risks ...

April 2020, Covington Alert

This is a playbook for a virtual meeting of shareholders of a public company, with a particular focus on the unique situation facing companies due to the global coronavirus (COVID-19) pandemic. It includes answers to questions that companies may have in deciding upon and planning for such a meeting.

April 22, 2020

WASHINGTON—Covington represented satellite provider Ligado Networks in its successful application for rights to deploy 5G services over its mid-band spectrum. On April 22, the full Federal Communications Commission (FCC) released a unanimous decision approving Ligado’s application, finding that it will advance economic and security interests nationwide. The ...

April 22, 2020, Covington Alert

On March 30, 2020, CMS announced that, in light of the coronavirus pandemic, it would be waiving several Medicare reimbursement regulations to permit reimbursement to providers treating patients remotely, consistent with current social distancing guidelines, and would be allowing providers to receive reimbursement for Medicare Part B drugs that are administered ...

April 22, 2020, Covington Alert

Whether a company is an essential business or is expecting to reopen in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to the workplace, but this general rule must ...

April 22, 2020, Bloomberg Law

Muftiah McCartin spoke with Bloomberg Law about lobbying efforts in first quarter of 2020. Ms. McCartin says she thought the action this year would be Democrats teeing up priorities for 2021, including legislation addressing climate change, infrastructure spending and drug pricing. “Now we are just dealing with keeping our head above water! We had no idea then ...

April 21, 2020, Covington Alert

Since Covington’s last client alert on substantive FDA developments for the food industry during the COVID-19 public health crisis, the agency has posted a number of updates of interest to the industry.

April 21, 2020, Covington Alert

Whether a company is an essential business or is expecting to reopen its doors in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to work, but this general rule must ...

April 21, 2020, Law360

Muftiah McCartin is quoted in Law360 regarding COVID-19’s impact on federal lobbying efforts in the first quarter of 2020. Ms. McCartin says, “We had no idea then how hectic it would be as companies across industries are now facing an economic crisis that demands federal attention, and will continue to demand attention through the end of the year, both on the ...

April 21, 2020, Bloomberg Law

Lindsay Burke and Carolyn Rashby spoke with Bloomberg Law about the uphill battle employees who contract COVID-19 on the job may face if they choose to sue their employer. Ms. Burke says, “We’re in territory we haven’t seen before. We are looking at a whole lot of different legal risks and issues. It’s not clear how they will play out. Traditionally an illness ...

April 20, 2020, Covington Alert

In response to ongoing requests for tariff relief from importers facing economic hardship during the COVID-19 crisis as well as pressure from Congress, U.S. Customs and Border Protection (“CBP”) and the U.S. Department of the Treasury released a joint temporary final rule on April 19, 2020, that provides importers with an option to delay the payment of certain ...

April 17, 2020, Covington Alert

Whether a company is an essential business or is expecting to reopen its doors in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to work, but this general rule must ...

April 16, 2020, Covington Alert

The leading proxy advisory firms, Institutional Shareholder Services Inc. and Glass, Lewis & Co., recently published their approaches on key governance topics facing public companies during the COVID-19 pandemic. Generally, both firms seek to balance flexibility in responding to current circumstances against established corporate governance policies.

April 16, 2020, Covington Alert

Whether a company is an essential business or is expecting to reopen in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to work, but this general rule must be ...

April 16, 2020, Bloomberg Law

April 14, 2020, Covington Alert

The Department of Justice Antitrust Division and the Federal Trade Commission’s Bureau of Competition issued another reminder yesterday that the COVID-19 pandemic does not exempt companies from complying with federal antitrust laws. The agencies’ latest statement focuses on the labor force and emphasizes the agencies’ intent to protect workers responding to the ...

April 14, 2020, Covington Alert

The CARES Act established a $349 billion Paycheck Protection Program (“PPP”) that authorizes participating lenders to make federally-guaranteed loans to small businesses as part of Congress’s COVID-19 relief effort. Just days after lenders began accepting PPP applications, lawsuits were already being filed challenging how lenders administer the PPP. In Profiles, ...

April 14, 2020, Law360

Amanda Kramer and Gerald Hodgkins were quoted in Law360 regarding the potential fraud schemes that may be exposed  during the COVID-19 pandemic. Ms. Kramer says, “Ponzi schemes are often discovered when investors seek to redeem their investments and learn that the money's not there. As we saw in the wake of the 2008 financial crisis, a loss of confidence in the ...

April 13, 2020, Managing IP

In Managing IP, Gary Rubman offered litigation tips and advice to lawyers tasked with educating judges in patent cases in less patent-popular courts. Mr. Rubman says lawyers might have to take more time to go over certain technical issues with less experienced judges. He adds, “Sometimes you have to more fully explain concepts that might be better understood by ...

April 9, 2020, Covington Alert

The SEC and its staff have responded to the COVID-19 pandemic by providing public companies and other filers affected by the pandemic with relief from certain reporting requirements, as well as helpful disclosure guidance.

April 9, 2020, Covington Alert

Today, the Board of Governors of the Federal Reserve announced the creation of four new liquidity facilities and the expansion of three previously announced liquidity facilities to provide credit to borrowers impacted by the COVID-19 pandemic. Whereas the previously announced programs primarily targeted certain financial markets and their participants (such as ...

April 8, 2020, Covington Alert

As the world moves online during the COVID-19 pandemic, companies’ privacy and security practices are coming under increased scrutiny. Because class actions often follow such scrutiny, as demonstrated by lawsuits recently filed against Google and Zoom, companies should keep the following six developments on their radar as they rush to meet the demands of our new ...

April 8, 2020, Covington Alert

Employers are facing new challenges in responding to COVID-19 and its implications for their workplaces in the United States. The checklist below will assist in thinking through the issues most likely to need attention in the immediate future. Information, agency guidance, and potential responses to COVID-19 are changing rapidly. This checklist was last updated ...

April 8, 2020, Covington Alert

On Saturday, April 4, 2020, the White House released the long-awaited Executive Order (“EO”) formalizing the “Team Telecom” Process, titled the “Executive Order on Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector” (“the Committee”). This EO provides, for the first time, formal ...

April 7, 2020, Covington Alert

Boards of directors, compensation committees and executive officers have begun to confront the impact of the COVID-19 pandemic on their compensation programs. This alert highlights key considerations for public companies as they make important decisions regarding these programs.

April 7, 2020, Covington Alert

The Federal Trade Commission has traditionally responded forcefully to public health and economic crises, and it is doing so again in response to the coronavirus pandemic. The current crisis does present some additional complications, however, because of its impact on the operations of the agency itself. Three particular aspects of the FTC’s consumer ...

April 7, 2020, Covington Alert

Ninety-five percent of employing businesses in the United States are small businesses. As we discussed in detail here, the CARES Act seeks to support small businesses through the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL), in addition to other Small Business Administration (SBA) efforts involving the Emergency Advance: SBA ...

April 7, 2020, Corporate Counsel

David Fagan is quoted in Corporate Counsel regarding the impact of coronavirus on CFIUS. Mr. Fagan says, “It is not that CFIUS is closed, but there is an impact on CFIUS too, and you have to factor that into your planning.” He adds that the increasing delays mean that parties that proceed to close a transaction on the basis of a “no action” to a declaration ...

April 6, 2020

WASHINGTON—Stacey Grigsby has joined Covington as a partner in its Commercial Litigation Practice in Washington. Ms. Grigsby is a stand-up trial lawyer who has drawn upon her experience in the private and public sector to get successful results for clients. She has served as a principal attorney in numerous bench and jury cases involving high stakes disputes in ...

April 6, 2020, Covington Alert

On March 24, 2020, the CFTC unanimously voted to adopt final interpretive guidance on when “actual delivery” of retail commodity transactions in virtual currencies occurs within the meaning of Section 2(c)(2)(D) of the Commodities Exchange Act, making them eligible to meet the exception from regulation as a futures contract. The CFTC previously published ...

April 6, 2020, Financial Times

Ben Lenhart is quoted in the Financial Times regarding the conflict between insurance companies and policyholders over losses caused by the COVID-19 pandemic. Mr. Lenhart says of the possible exceptions, “We do believe that there is coverage. We disagree strongly with the view that it is generally excluded."

April 6, 2020, Covington Alert

As the coronavirus pandemic continues across the country, many corporations, organizations, and individuals are looking for ways they can help fight back. This often includes donating money, goods, or services to federal, state, or local government entities. These well-intentioned donations can generate compliance problems if not handled appropriately from the ...

April 6, 2020, Law360

April 5, 2020, Covington Alert

On March 27, 2020, Congress passed and the President signed into law H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act). Recognizing the critical supply chain risks posed by the COVID-19 pandemic, Congress included multiple provisions in the CARES Act that aim to mitigate and prevent future medical product shortages (these ...

April 3, 2020, Covington Alert

COVID-19 (hereinafter, “the coronavirus”) is causing significant interruptions to the legal system across the United States, with implications for actual and potential subjects in government investigations and defendants in enforcement actions. This client advisory analyzes the pandemic’s potential effects on the default statute of limitations for federal crimes ...

April 2, 2020, Covington Alert

On March 18, 2020, the President invoked a portion of the Defense Production Act, 50 U.S.C. §§ 4501 et seq., (the “DPA”), in order to address shortages of personal protective equipment and ventilators needed to treat patients affected by the COVID-19 pandemic.

April 2, 2020, Covington Alert

When an executive officer or director becomes seriously ill, including due to COVID-19, U.S. public companies and foreign private issuers must consider their disclosure obligations as well as governance and other key topics. This alert discusses these considerations.

April 2, 2020, Covington Alert

On March 27, the U.S. Food and Drug Administration (FDA) updated its guidance entitled “FDA Guidance on Conduct of Clinical Trials of Medical Products during COVID-19 Pandemic” (Updated Guidance).

April 2, 2020, Covington Alert

The U.S. Department of Commerce (“Commerce”) recently published a new rule which makes it much more likely that the agency will investigate currency undervaluation as a countervailable subsidy. The new rule applies to countervailing duty (“CVD”) investigations or administrative reviews initiated on or after April 6, 2020. Under this new rule, Commerce could ...

April 1, 2020, Covington Alert

This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.

April 1, 2020, Risk Management

April 1, 2020

LONDON—Covington represented Sitryx on an exclusive global licensing and research collaboration with Eli Lilly and Company. The collaboration will study up to four novel preclinical targets identified by Sitryx that could lead to potential new medicines for autoimmune diseases. Under the terms of the agreement, Sitryx will receive an upfront payment of $50 ...

April 1, 2020, Covington Alert

The Coronavirus Aid, Relief, and Economic Security (CARES) Act opens up new Small Business Administration (SBA) loan opportunities to support many companies and nonprofit organizations with 500 or fewer employees.

April 2020, Privacy Laws & Business

April 2020, The Banking Law Journal

April 2020, The Life Sciences Law Review - Edition 8

April 2020, Briefing Papers

April 1, 2020, Bloomberg Law

Thomas Brugato is quoted in Bloomberg Law regarding the EPA’s increased enforcement measures against products making unproven antiviral or disinfectant claims in light of the coronavirus pandemic. Mr. Brugato says, “This is the tip of the iceberg. I think we’ll definitely see more cases like this.” He adds that given the clear public health implication of the ...

April 1, 2020

WASHINGTON—The National Law Journal has named Covington's John Hurvitz to its list of “Healthcare and Life Sciences Trailblazers.” This list features 26 honorees who are recognized as “agents of change” whose work has advanced innovation in the health care and life sciences industries. Mr. Hurvitz co-chairs C&B's Life Sciences Industry Group, heads the firm's ...

April 1, 2020, Covington Alert

The scope and scale of recent events is almost inconceivable. All of us —including the Committee on Foreign Investment in the United States (“CFIUS”) — are sailing in uncharted waters. That said, while we may not have all of the answers, we are able to share some insights from the CFIUS front lines regarding how the challenges presented by the COVID-19 pandemic ...

March 31, 2020, Covington Alert

On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority ...

March 30, 2020, Covington Alert

On March 28, 2020, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) updated its March 19, 2020 “Essential Critical Infrastructure Workforce” advisory list. These updates largely focus on clarifying which workers CISA considers to be essential, which may be helpful for the human and animal food industries. At the same ...

March 30, 2020, Covington Alert

On Friday, March 27, 2020, FDA’s Center for Veterinary Medicine (CVM) issued a Fact Sheet on “Safely Distributing Unused Human Food for Animal Food Use During COVID-19.” The advisory accompanying the Fact Sheet explains that because of COVID-19-associated restrictions on in-store dining, certain businesses may have surplus food that, if not usable for human ...

March 30, 2020, Covington Alert

Since the last financial crisis, the commercial real estate industry has accumulated vast amounts of debt. By one account, there is currently more than $3.6 trillion in mortgage debt secured by commercial and multi-family residential properties. Much of this debt is held by real estate investment trusts (“REITs”), in the form of commercial mortgage-backed ...

March 30, 2020, Covington Alert

On Friday, March 27, 2020, the U.S. Food and Drug Administration (FDA) released updated guidance to ensure that drug manufacturers notify FDA as soon as possible of potential interruptions in manufacturing that could lead to drug shortages. The Guidance, titled “Notifying FDA of a Permanent Discontinuance or Interruption in Manufacturing Under Section 506C of ...

March 29, 2020, Covington Alert

Medical device manufacturers are facing numerous novel legal, regulatory, and commercial issues as a result of the evolving COVID-19 public health emergency. This slide presentation addresses key regulatory considerations for medical device companies seeking to supply products that are in critical need, including the Emergency Use Authorization pathway and other ...

March 27, 2020, Covington Alert

As numerous restaurants have shut down or limited their service in response to state and local public health orders, many food manufacturers and foodservice distributors have excess inventory on hand that is labeled for use in restaurants, but not for retail sale. Yesterday, in response to industry requests for labeling flexibility in order to shift such ...

March 27, 2020, Federal Computer Week

Susan Cassidy spoke with Federal Computer Week about the concerns of defense contractors under the coronavirus relief package. According to Ms. Cassidy, equitable adjustments aren't necessarily a guarantee and require a mutual agreement between the contractor and government as well as quantifiable proof the costs have increased due to the changing environment ...

March 27, 2020, Covington Alert

While Board duties remain unchanged in a crisis situation such as the COVID-19 pandemic and the role of a board of directors continues to be one of oversight, the disruption and dislocation resulting from the pandemic warrants greater and more frequent coordination between boards of directors and management teams which have responsibility for day-to-day ...

March 27, 2020, Covington Alert

On March 27, 2020, Congress passed H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). Subtitle F of the CARES Act would significantly change FDA’s regulations of over-the-counter (OTC) monograph drugs subject to OTC Drug Review. Congress had introduced earlier versions of the bill, with the latest bill, S. 2740 – Over-the-Counter ...

March 27, 2020, Law360

Brian Rosenzweig is quoted in Law360 regarding the effects of coronavirus on startup business funding. Mr. Rosenzweig says, "There will still be [funding] opportunities, but it will be more competitive.”

March 27, 2020, UK Legal Week

Dan Feldman spoke with UK Legal Week about managing the increased demand of client requests caused by coronavirus. According to Mr. Feldman, it is critical that his firm’s taskforce is structured to be responsive to evolving client needs. “While we might not know what they are at this moment, we have that dynamism to move into action,” he says.

March 26, 2020

WASHINGTON—Managing IP recognized Covington with two “Impact Case of the Year” awards at its 2020 Americas Awards. The Managing IP awards program recognizes remarkable achievements and developments in the past 12 months. Managing IP recognized Covington for representing Return Mail, Inc. in its victory in the U.S. Supreme Court establishing that a federal agency ...

March 26, 2020, Covington Alert

When consumers use their credit cards to purchase goods or services that they never receive, the Fair Credit Billing Act gives consumers the right to dispute the charge directly with their credit card issuer. As merchants cancel orders and reservations in the wake of the Covid-19 crisis, creditors should prepare themselves for a dramatic increase in consumers ...

March 26, 2020, Covington Alert

Companies incorporated in the United States are required to hold annual shareholder meetings. These meetings have traditionally been held at a physical location, sometimes with the option to participate remotely. In recent years, however, some public companies have adopted virtual-only annual shareholder meetings. Due to growing concerns around the global ...

March 26, 2020, Bloomberg Law

March 26, 2020, Law360

March 26, 2020, Covington Alert

Due to the ongoing pandemic caused by the novel coronavirus and COVID-19, the Federal Communications Commission (“FCC”) has issued guidance for broadcasters regarding the clarification or relaxation of certain rules, including recent guidance on calculation of lowest unit charge and on local sharing agreements. These actions are intended to help stations respond ...

March 25, 2020, Covington Alert

In light of the federal Families First Coronavirus Response Act ("FFCRA") and New York State’s sick leave law, both of which were signed on March 18, 2020, many New York employers will need to be prepared to comply with their new federal and state sick leave obligations to employees impacted by COVID-19. As discussed in a prior client alert, the FFCRA requires ...

March 25, 2020, Covington Alert

Piracy has long been a problem in America, although modern day pirates of intellectual property bear little resemblance to their old-school counterparts sailing along the Caribbean and the American coast. Yet in a ruling on Monday, March 23, the Supreme Court tied together the legacies of those two very different types of pirates: modern-day state governments ...

March 25, 2020, Covington Alert

The U.S. Congress appears close to finalizing the scale and scope of stimulus legislation to address the economic crisis caused by the COVID-19 pandemic. Although its final shape remains uncertain, it is highly likely to provide for one or more lending programs, loan guaranty programs, and other financing programs administered by the federal government to direct ...

March 25, 2020, Covington Alert

The COVID-19 pandemic and its economic consequences have spurred a tremendous amount of market volatility, and many public companies can expect questions from shareholders and analysts regarding the effect of these factors on companies’ current and future operations and liquidity. The uncertainty of the pandemic’s duration and impact on the economy may lead some ...

March 25, 2020, National Products Insider

Miriam Guggenheim is quoted in National Products Insider regarding how food and drug facilities can manage the spread of COVID-19. Ms. Guggenheim says, “The FDA, from the perspective that this is not a food-borne illness and transmittable that way, has said that facilities will not have to shut down. The emphasis is on other employees, not the products you ...

March 25, 2020, Covington Alert

USTR may exclude tariffs on Chinese imports related to COVID-19 response In response to COVID-19, the Office of the U.S. Trade Representative ("USTR") announced on March 20, 2020, that it is inviting comments on possible modifications to the list of goods from China subjected to additional tariffs under Section 301 of the Trade Act of 1974 (“Section 301 ...

March 25, 2020, Law360

Samantha Clark is quoted in Law360 regarding the Federal Emergency Management Agency’s announcement that it obtained coronavirus test kits without relying on the Defense Production Act. Ms. Clark told Law360 she was surprised by the quick turnaround.  “Everyone is on high alert that [the Defense Production Act] could be used and could be used on short notice,” ...

March 25, 2020

WASHINGTON—India Business Law Journal has named Ralph Voltmer to its 2020 “International A-list.” The list consists of the world’s top 100 India-focused lawyers at international law firms. Mr. Voltmer, chair of Covington’s India Practice and a partner in the firm’s corporate group, has been active in India for 20 years, working with companies such as Reliance ...

March 24, 2020, Covington Alert

The past several days have seen a flurry of activity among the federal banking agencies to take both proactive and responsive steps to address the impacts of COVID-19 on the banking industry and support continued lending to the real economy as the crisis unfolds. In case you missed it, here’s a quick recap of recent federal banking agency actions, along with ...

March 24, 2020, Covington Alert

As the COVID-19 public health crisis continues, U.S. businesses are dealing with unprecedented disruptions to operations and workforce stability. Most employers undoubtedly want to assist their employees during this uncertain time, but they are struggling to balance the cost of maintaining their workforce with shrinking profits. The frequent result of such a ...

March 24, 2020, Covington Alert

Over the past several weeks, states and localities across the country have implemented wide-ranging quarantines and curfews meant to slow the spread of COVID-19. Some of these measures have impeded food companies’ efforts to manufacture and distribute critical goods to their intended destinations. Even as the federal government underscores the importance of food ...

March 24, 2020, Covington Alert

The consequences of the COVID-19 pandemic are reverberating in every sector of the global economy, from life sciences to transportation, retail to manufacturing, financial services to sports and entertainment. As federal, state, and local governments attempt to blunt the pandemic’s public health and economic effects, many companies are frantically working with ...

March 24, 2020, Law360

Samantha Clark is quoted in Law360 regarding the confusion some government contractors are facing on whether their business is “essential” after recent policy changes. According to Ms. Clark, to complicate matters even more, some states have implemented their own definitions of "essential," creating potential conflicts with federal guidance and confusion over ...

March 24, 2020, Covington Alert

On March 23, the Board of Governors of the Federal Reserve System (the “FRB”) announced the latest in a series of extraordinary actions intended to help mitigate the impacts of the COVID-19 pandemic on the U.S. economy. Unlike the measures announced last week – which mostly involved re-establishing emergency programs that were used during the 2008–09 financial ...

March 23, 2020, Agenda

David Martin is quoted in Agenda regarding the increased importance for companies to take up environmental, social, and governance (ESG) issues. Mr. Martin says that in his experience, larger companies are more likely to have greater exposure to ESG risks and reputations hinging on oversight of ESG issues, so the issues are more likely to pop up in ...

March 23, 2020

NEW YORK—The American Lawyer has named Covington lawyers Sergio Urías and Laura Torre as “Dealmakers of the Year.” The annual feature highlights “the most impressive and significant matters that deal lawyers worked on in 2019.” Shareholders of Covington’s client Prisma Medios de Pago, Argentina’s largest payment processing company, were mandated by the antitrust ...

March 22, 2020, Covington Alert

The U.S. Food and Drug Administration (FDA) released guidance on March 19, 2020 entitled “Postmarketing Adverse Event Reporting for Medical Products and Dietary Supplements During a Pandemic” (Guidance). The Guidance revises FDA’s February 2012 final guidance for industry on adverse event reporting during an influenza pandemic to clarify that the guidance ...

March 20, 2020, Covington Alert

March 20, 2020, Covington Alert

The full ramifications of the COVID-19 pandemic are uncertain, but we should expect that significant economic dislocation will be felt not only by industries already suffering from financial distress and seeking bankruptcy relief (retail, healthcare, small biotech, pharma companies, and energy) but many other industries, including manufacturers, carriers, ...

March 19, 2020, Bloomberg

David Stein spoke with Bloomberg about legislation from Senate Democrats to shield U.S. citizens from negative credit reporting for the duration of the new coronavirus crisis. Three senators are looking to throw out a rule where credit bureaus are required under the Fair Credit Reporting Act to collect negative information. Mr. Stein  says, “To the extent that ...

March 19, 2020, Covington Alert

On March 17, 2020, the Federal Deposit Insurance Corporation issued a notice of proposed rulemaking that would codify the FDIC’s existing supervisory processes and policies that apply to industrial banks and industrial loan companies (collectively, “ILCs”) and their parent companies. The FDIC issued the Proposal to formalize its ILC supervisory framework and to ...

March 19, 2020, Covington Alert

Over the past forty-eight hours, FDA has issued a range of helpful information about the potential implications of COVID-19 for the food supply, including the agency’s current position regarding food safety and COVID-19, guidance concerning supplier verification onsite audit requirements, and an announcement that FDA has suspended routine surveillance facility ...

March 19, 2020, Covington Alert

The U.S. Food and Drug Administration (FDA) released guidance on March 18, 2020 entitled “FDA Guidance on Conduct of Clinical Trials of Medical Products during COVID-19 Pandemic” (Guidance).1 The Guidance comes at a critical time, as clinical trial sponsors, investigators, and Institutional Review Boards (IRBs) grapple with the measures needed to ensure the ...

March 19, 2020, BioTech

Scott Danzis spoke with BioWorld about the uptick in coronavirus testing by the FDA and CDC. Mr. Danzis says that while the FDA and the CDC struggled to move testing forward in the early days, “things have shifted dramatically” since that time. He adds that the issue of FDA regulation of lab-developed tests is of long standing, but that the Verifying ...

March 18, 2020, Law360

Michael Nonaka is quoted in Law360 regarding Square Inc.’s approval from the FDIC to form a bank. The article also mentions that, Nelnet, a federal student loans company, received an approval to create a digital-only ILC. Mr. Nonaka says, “The FDIC Board’s approval of the Square and Nelnet applications shows that the ILC charter is compatible with different ...

March 18, 2020, The Wall Street Journal

David Martin is quoted in The Wall Street Journal regarding companies’ decisions to disclose potential COVID-19 infections of executives. Mr. Martin says that while companies have leeway on executive medical disclosures, they often have a strong incentive to provide timely information. Doing so prevents employees from leaking information and investors from ...

March 18, 2020 (Updated March 24, 2020), Covington Alert

In developing plans to cope with the coronavirus (COVID-19), employers must strike the right balance between Occupational Safety and Health Act (OSHA) requirements and restrictions on employees’ privacy and the Americans with Disabilities Act (ADA). Several key requirements are particularly relevant, and agency guidance on these topics is rapidly ...

March 18, 2020, Covington Alert

On March 17, 2020, the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) and Division of Market Oversight (DMO) each released an announcement regarding a series of no-action letters in response to the ongoing global COVID-19 pandemic (see here for the DSIO announcement and here for the DMO announcement). The ...

March 18, 2020, Politico

Scott Danzis is quoted in Politico regarding tracking medical device shortages and whether regulations requiring drug manufacturers to warn the government when a shortage seems likely should be applied to medical devices. Mr. Danzis says, “There's a balance that has to be struck between giving that information to FDA and creating additional reporting ...

March 16, 2020, The Wall Street Journal

Daniel Luchsinger is quoted in The Wall Street Journal regarding the effects of the Tax Cuts and Job Act on businesses in the wake of coronavirus losses. The article states that the 2017 tax code overhaul is making life harder for U.S. businesses who have suffered losses and are seeking liquidity. Mr. Luchsinger says, “You want some safety valve in the system ...

March 16, 2020, Global Data Review

Trisha Anderson spoke with Global Data Review about Congress’s lapse in renewing the Freedom Act while dealing with COVID-19. Ms. Anderson told GDR if Congress doesn’t renew the business records provision, the FBI will have to operate with pre-Patriot Act surveillance tools. She adds that the FBI would still be able to obtain business records via grand jury ...

March 13, 2020, The American Lawyer

Mitchell Dolin is quoted in The American Lawyer regarding the increased demand for  legal advice pertaining to the insurance industry caused by coronavirus. Mr. Dolin says, “There’s been a combination of actual claim work as well as forward-looking advisory work into the nature of the insurance asset and how it might respond to various scenarios. But obviously, ...

March 12, 2020, Bloomberg

René Siemens spoke with Bloomberg about the increase in concert cancellations due to the coronavirus outbreak. He  says artists, promoters and ticket sellers are still assessing the economic costs, including events that have only been postponed, and that cancellations have never happened on this scale before.

March 12, 2020, Covington Alert

The Tax Cuts and Jobs Act (“TCJA”) made significant changes to the tax code, a number of which can have unexpected effects when a company loses money in the United States or abroad.  While the immediate concerns around the spread of COVID-19 are rightfully focused on public health and welfare, given the current economic fallout arising from COVID-19, companies ...

March 11, 2020, Covington Alert

FDA has reopened the comment period indefinitely for its public hearing on products containing cannabis or cannabis-derived compounds.In doing so, FDA is seeking scientific data and information on cannabis and cannabis-derived compounds, particularly cannabidiol (CBD). On May 31, 2019, FDA hosted a public hearing on “Scientific Data and Information About ...

March/April 2020, Employee Benefit Plan Review

March/April 2020, Employee Benefit Plan Review

March/April 2020, Employee Benefit Plan Review

March 10, 2020

WASHINGTON—Covington is assisting Veritas Capital with its acquisition of DXC Technology’s U.S. State and Local Health and Human Services business in a deal valued at $5 billion. The transaction is expected to close no later than December 2020, subject to the satisfaction of customary closing conditions. DXC Technology’s U.S. State and Local Health and Human ...

March 6, 2020, Covington Alert

Yesterday, the Food and Drug Administration (FDA) submitted a report to Congress providing an update on the agency’s evaluation of potential regulatory pathways for CBD products, as well as a description of how FDA expects to proceed moving forward. In its report, FDA summarized the landscape surrounding CBD drugs, dietary supplements, foods, cosmetics, and vape ...

March 6, 2020, Covington Alert

Businesses are rapidly developing strategies to continue functioning and protect their workforces in the face of the growing Coronavirus COVID-19 outbreak. For obvious reasons, businesses may want to deploy health screening, testing, and professional medical advice services—including telemedicine—to their employees and dependents. It is critical that ...

March 5, 2020

NEW YORK—A three-lawyer project finance and development team has joined Covington in the U.S. Joseph Tato, a New York-based partner, represents project sponsors, equity investors, financial institutions, and governments in the development and financing of power, oil and gas, LNG, renewables, water, mining, and other infrastructure projects in the U.S., Africa, ...

May-June, Journal of Robotics, Artificial Intelligence & Law

March 4, 2020, Morning Consult

March 4, 2020, Covington Alert

Filing fees — one of the long awaited (and dreaded) innovations of the 2018 Foreign Investment Risk Review Modernization Act (FIRRMA) that has transformed the Committee on Foreign Investment in the United States (CFIUS) — have finally arrived. For more than 30 years, transactions could be submitted to CFIUS for review without a fee payable to the federal ...

February 27, 2020, Financial Times

In an effort to push companies to disclose their social responsibility, shareholders are proposing information on the environment and workers be shared at forthcoming annual meetings. Reid Hooper is quoted in the Financial Times regarding the SEC’s decision to allow such proposals to be voted upon. Mr. Hooper says, “The SEC staff appears to have a taken a ...

February 27, 2020, Bloomberg

Samuel Maruca spoke with Bloomberg about the possibility of a digital tax on tech companies doing business internationally. The U.S. and 130 other countries are currently negotiating at the Organization for Economic Co-operation and Development about a new international tax system that would redefine which countries can tax which corporate profits. There’s ...

February 26, 2020, Covington Alert

On January 27, Practice Fusion, Inc. (“Practice Fusion”), an electronic health record (“EHR”) company acquired by Allscripts in 2018, agreed to pay $145 million to resolve criminal and civil investigations with the Department of Justice (“DOJ”) related to an illegal kickback arrangement with a major opioid company. Practice Fusion solicited and received nearly ...

February 26, 2020, Covington Alert

Today, the Food and Drug Administration (FDA) Center for Veterinary Medicine (CVM) published a draft Guidance for Industry (draft guidance) proposing to standardize assay limits for medicated feeds. CVM requests electronic or written comments concerning the draft guidance be submitted to the docket by April 27, 2020. The draft guidance recommends a standardized ...

February 26, 2020, The Wall Street Journal

David Martin is quoted in The Wall Street Journal regarding the information companies are sharing with the public about how its managing its supply chain in response to coronavirus. Deciding what to disclose depends on what companies view as financially material. In the case of coronavirus outbreak risks, a big part of that calculation so far has involved ...

February 25, 2020, The American Lawyer

February 25, 2020

WASHINGTON—Covington represented Univision Holdings, Inc. in its definitive agreement to sell a majority ownership interest to private investment firms Searchlight Capital Partners, LP and ForgeLight LLC. Under the terms of the acquisition, Searchlight and ForgeLight will purchase a 64 percent interest from Univision stockholders while Televisa, a leading media ...

February 24, 2020, Covington Alert

This e-alert reviews trends emerging from warning letters and untitled letters concerning product advertising and promotion issued in 2019 by the Office of Prescription Drug Promotion (OPDP) of the Center for Drug Evaluation and Research (CDER), the Advertising and Promotional Labeling Branch (APLB) in the Office of Compliance and Biologics Quality (OCBQ) of the ...

February 21, 2020

WASHINGTON—Covington secured a major ruling for Ukraine in an arbitration against the Russian Federation under the U.N. Convention on the Law of the Sea (UNCLOS). The ruling, issued today by a five-member arbitral tribunal, rejected the majority of Russia’s jurisdictional objections and permits Ukraine’s case to proceed to the merits. “The Tribunal’s ...

February 21, 2020

WASHINGTON—Covington has chosen Washington partner Henry Liu to be a member of the Leadership Council on Legal Diversity’s 2020 Fellows Program. Mr. Liu will participate in programs designed to attract, inspire, and nurture the next generation of leaders in the legal profession. Mr. Liu is a litigator specializing in defending financial institutions and other ...

February 21, 2020, Covington Alert

Today, the Food and Drug Administration (FDA) announced in the Federal Register that it is reopening the comment period for its 2005 proposed rule regarding the modernization of its food standards of identity. FDA’s standards of identity establish detailed requirements regarding the composition and manufacturing of food products. The Agency promulgated most of ...

February 19, 2020, China Global Television Network

Witney Schneidman appeared on China Global Television Network to discuss U.S. Secretary of State Mike Pompeo's visit to Africa and the opportunities for American investment in the continent. Mr. Schneidman says, “Secretary Pompeo would like to see a lot more investment in Africa… But there is a big hurdle there. Americans don’t really understand Africa that ...

February 18, 2020, Fortune

Robert Kelner is quoted in Fortune regarding the capabilities of Super PACs in a presidential election and what happens campaign funds when candidates drop out of the presidential race. Mr. Kelner says, “Super PACs have fairly broad discretion on what they can do with excess funds.” He adds, “Where you see a lot of money left over in the Super PAC after the ...

February 14, 2020, Covington Alert

On February 13, 2020, the Food and Drug Administration (FDA) issued a draft guidance document describing the pre-submission consultation process for food additive petitions (FAPs) and generally recognized as safe (GRAS) notices for ingredients used in animal feed/pet food, and describing what to include in food use authorization (FUA) requests. The Animal Drug ...

February 13, 2020, The Kojo Nnamdi Show

Ben Block and Samantha Clark were featured on The Kojo Nnamdi Show on WAMU-FM public radio in Washington, sharing their experience representing military families in a lawsuit against a privatized on-base housing company.

February 11, 2020, Global Data Review

Libbie Canter is quoted in Global Data Review regarding the California Attorney General Xavier Beccera’s revisions to the California Consumer Privacy Act’s (CCPA)  regulations. The revisions have left many businesses concerned and with unanswered questions. Ms. Canter says despite the revisions “ambiguities” remain for entities that collect data from third ...

February 5, 2020, Law360

Anne Termine is quoted in Law360 regarding the U.S. Commodity Futures Trading Commission’s effort to impose position limits meant to curb speculators’ ability to distort prices. The new plan allows users to seek exemptions not set forth in the rule proposal by applying directly to their relevant exchanges. The CFTC would have 10 days to review that decision or ...

February 5, 2020, Law360

Susan Cassidy is quoted in Law360 regarding the DoD’s implementation of cybersecurity requirements for defense contractors. Ms. Cassidy says that questions about the process, such as who will audit the thousands of contractors that need to be certified for cybersecurity compliance, how they will be audited and what options they will have if they disagree with an ...

February 5, 2020

WASHINGTON—Kimberly Breier, the U.S. Department of State’s former top diplomat for Latin America, has joined Covington as a senior advisor. Ms. Breier most recently served as Assistant Secretary of State for Western Hemisphere Affairs, the United States’ top diplomat for the Western Hemisphere. She led the State Department’s policy formation, oversaw U.S. ...

February 4, 2020, Law360

February 4, 2020, Covington Alert

On January 30, 2020, five federal financial regulators jointly issued a proposed rule that would modify existing regulations implementing the Volcker Rule’s general prohibition on banking entities investing in, sponsoring, or having certain relationships with hedge funds or private equity funds (collectively, “covered funds”). The proposal, which follows a 2019 ...

February 4, 2020, Legaltech News

Lee Tiedrich spoke with Legaltech News about lawyers’ obligations pertaining to the law and artificial intelligence. Ms. Tiedrich indicated that much like the internet in the 1990s, the growth of technologies such as AI continues to outstrip the development of the law. The lack of absolute regulatory clarity raises the stakes for organizations. “You need to be ...

February 3, 2020, Covington Alert

At an open meeting on January 30, 2020, the Commodity Futures Trading Commission (“CFTC”) voted 3–2 to approve a proposed rule that would impose federal position limits on derivatives. The proposed rule, if finalized, would prevent excessive speculation while allowing bona fide hedgers in agricultural, energy, metals, and other commodities markets to hedge risk ...

February 3, 2020, Financial Times

Witney Schneidman is quoted in the Financial Times regarding the United States’s and Africa’s search for a replacement to the African Growth and Opportunity Act (AGOA), which gives nearly 40 African states tariff-free access to the U.S for 6,500 products, and has faced increasing criticism in Washington. Mr. Schneidman says, “Africans are saying, we are trying ...

February 3, 2020, Bloomberg Law

Scott Kamholz is quoted in Bloomberg Law regarding the decreased acceptance of Patent Trial and Appeal Board (PTAB) petitioners’ requests to review a patent’s validity. Losing a PTAB challenge makes it more difficult for an alleged infringer to convince a jury that a patent is defective, says Mr. Kamholz. “That all makes petitions risky and a little less ...

February 3, 2020, Government Executive

Mike Wagner spoke with Government Executive about the General Services Administration's restructuring of the terms and conditions of current contracts so that they are in sync with those on the new, single contracting vehicle, which also features new contracts. . Mr. Wagner says, “Contractors should not be seeing changes to any negotiated elements of their ...

February 2020, Energy Law Report

February 2020, Government Contracting Law Report

January 30, 2020

On January 29, 2020, the Administration published Presidential Proclamation 9980 announcing that it would impose new tariffs on imports of certain derivative steel and aluminum articles. The tariff rates will be 25 percent on the steel derivatives and 10 percent on the aluminum derivatives, and will become effective February 8. This action expands the scope of ...

January 30, 2020, Covington Alert

It has been another strong year in anti-corruption enforcement, with 2019 meeting or beating the high-water mark for enforcement across a number of measurements.

January 28, 2020, Covington Alert

Because labor-related obligations in existing U.S. trade agreements are general and largely hortatory, few enforcement actions have been taken with regard to these obligations. The labor obligations in the Agreement between the United States of America, the United Mexican States and Canada (“USMCA” or “Agreement”), however, are specific and likely to be ...

January 28, 2020, Law360

Heather Finstuen is quoted in Law360 regarding CFIUS’s decision to extend its regulatory purview across a broad portion of U.S.-targeted real estate transactions. The new regulations go a step further by clearly defining sensitive locations and the proximity to those locations that could cause national security concerns, which will now be divided by The ...

January 27, 2020, Bloomberg

January 24, 2020, Intellectual Property Magazine

Beth Brinkmann was featured in Intellectual Property Magazine’s “Making Waves” to discuss her career as an intellectual property lawyer.   Ms. Brinkmann told IPM that she entered intellectual property law because the practice was becoming more robust in the U.S. and financially significant to the tech and biotech industry. She later supervised the amicus briefs ...

January 24, 2020, Law360

Eric Mogilnicki is quoted in Law360 regarding the CFPB’s new policy of restraint in bringing enforcement actions against financial services providers for abusive acts and practices. Mr. Mogilnicki says, “It is a helpful guide for how the bureau will enforce the abusiveness prohibition. However, this guide is not rooted in the language of the statute, which means ...

January 24, 2020, Covington Alert

U.S. federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the fourth quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our fourth AI & IoT ...

January 23, 2020

WASHINGTON—Global Competition Review has once again named Covington to its 2019 "Global Elite," a list of the top 25 firms practicing competition law internationally, as well as including the firm in the list of top ten antitrust litigation practices globally. Now in its 20th year, GCR100 undertakes extensive analysis of antitrust and competition law groups in ...

January 22, 2020

WASHINGTON—The Human Rights Campaign Foundation (HRC) has awarded Covington a perfect score of 100 percent for the twelfth consecutive year on its Corporate Equality Index (CEI), a national benchmarking survey and report on corporate policies and practices related to LGBTQ workplace equality. “Diversity and inclusion, while an important component of our efforts ...

January 21, 2020, Covington Alert

This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.

January 17, 2020

WASHINGTON—Covington represented Piramal Enterprises Limited in itsdefinitive agreement to sell Decision Resources Group to Clarivate Analytics plc, in a deal valued at $950 million. The $950 million purchase price includes $900 million in cash and approximately $50 million in Clarivate ordinary shares to be issued following the one-year anniversary of ...

January 17, 2020

WASHINGTON—Am Law Litigation Daily has named Covington partner Michael Imbroscio, co-chair of the firm’s Product Liability and Mass Tort practice, as a “Litigator of the Week.” Mr. Imbroscio led the defense of Eli Lilly and Company in litigation alleging that its medicine Cialis – as well as Pfizer’s medicine Viagra – could cause melanoma, convincing the trial ...

January 16, 2020

WASHINGTON—Covington is pleased to announce that former NFL Commissioner and longtime Covington senior counsel Paul Tagliabue has been elected to the Pro Football Hall of Fame. During Mr. Tagliabue’s tenure as Commissioner between 1989 and 2006, the League expanded from 28 to 32 teams; developed innovative models for player free agency and on-field competitive ...

January 15, 2020, Covington Alert

On January 10, 2020, President Trump issued a new Executive Order (“January 10 Executive Order”) that provides authority for the imposition of sanctions with respect to certain additional sectors of Iran’s economy, including Iran’s construction, mining, manufacturing, and textiles sectors. The January 10 Executive Order introduces both property-blocking ...

January 15, 2020, Law360

January 15, 2020, Washington Post

John Veroneau is quoted in the Washington Post regarding a recently signed partial trade deal between the United States and China. Mr. Veroneau says, “This administration is more open to intervening in the economy than most recent Republican administrations have been.”

January 14, 2020, Law360

January 14, 2020, Law360

January 14, 2020, Covington Alert

The institutional transformation of the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) that commenced more than two years ago with the introduction in Congress of the Foreign Investment Risk Review Modernization Act (FIRRMA) now is largely complete with the issuance of the highly anticipated final regulations implementing ...

January 13, 2020, Law360

Law360 covered Covington’s win for Uber in the Delaware Supreme Court, where the firm obtained a decision affirming dismissal of a complaint seeking over $1 billion in damages from current and former officers and directors.  Mark Gimbel led the Covington team, which included Will Phillips and Bryant Pulsipher.  

January 13, 2020, Covington Alert

On December 20, 2019, the President signed the Further Consolidated Appropriations Act, 2020. Effective on that day, Section 610 of Division N of this Act contains provisions previously introduced in various bills as “the Creating and Restoring Equal Access to Equivalent Samples Act” or “CREATES Act.”

January 13, 2020

WASHINGTON—Covington represented Elanco Animal Health in connection with an agreement with Dechra Pharmaceuticals to divest Osurnia® for $135 million in an all-cash deal. Covington also represented Elanco in an agreement to divest the U.S. rights and related assets for Capstar® to PetIQ, Inc., for $95 million in an all-cash deal. Elanco is a global animal ...

January 13, 2020

WASHINGTON—Law360 has named Covington one of its 2019 “Firms of the Year” for the second consecutive year based on the firm having received six Practice Group of the Year awards. The Covington practices named 2019 Practice Groups of the Year are: Competition/Antitrust Government Contracts International Arbitration Life Sciences Media & ...

January 13, 2020

WASHINGTON—The American Lawyer has named Covington as its Product Liability Litigation Department of the Year for the second time. The firm was also recognized as a finalist for the White Collar Department of the Year and “honorable mention” for general Litigation Department of the Year. In its profile, The American Lawyer highlights Covington’s product ...

January 9, 2020, Inside Health Policy

Jessica O'Connell spoke with Inside Health Policy about the FDA's plan to remove adulterated cannabis products from the CBD market. Ms. O'Connell says, "There’s a range of products out there that aren’t compliant, and FDA only has so many resources and can only enforce so much. I think one difference here that might be helpful is that there are these robust ...

January 9, 2020, WatersTechnology

Michael Nonaka spoke with WatersTechnology about the impact of the California Consumer Privacy Act on financial institutions. Mr. Nonaka says, “There are exemptions [in the CCPA] for information that is covered by the GLBA. This is consumer information used by FIs, including broker-dealers. But there is not a broad exemption that just takes out the entirety of ...

January 8, 2020, Covington Alert

In United States v. Blaszczak,[i] a divided panel of the Second Circuit held that the federal wire fraud statute and a rarely used securities fraud statute criminalize insider trading beyond the reach of what is covered by the statute historically used to prosecute the offense. The decision may lead to an increase in insider trading prosecutions, including those ...

January 7, 2020, Covington Alert

In late December, Congress passed and the President signed into law the TRACED Act, which is aimed at curbing unwanted robocalls. The new law also directs the Federal Communications Commission (FCC) to revise certain rules under the Telephone Consumer Protection Act (TCPA) to accomplish this objective, but those revisions are not expected to change typical TCPA ...

January 2020, Real Estate Finance Journal

January 1, 2020, Law360

Anna Kraus spoke with Law360 about Texas v. U.S., a Republican-led challenge to the ACA's constitutionality. "Ultimately, the outcome of this case could affect almost everyone in the country.” She adds that the case is “by far the most important case to watch in 2020.”  

January 1, 2020, Law360

Eric Mogilnicki is quoted in Law360 regarding the constitutionality of the Consumer Financial Protection Bureau (CFPB), in Seila Law v. CFPB, a case that will be heard before the Supreme Court in 2020. Mr. Mogilnicki says, “The irony is that Republican resistance to former CFPB Director Richard Cordray” — who was nominated by former President Barack Obama — ...

January 1, 2020, Law360

Anne Termine is quoted in Law360 regarding CFTC’s proposal to regulate cross-border swaps and govern when cross-border swaps should be registered with the agency. Ms. Termine says, “The commission is trying to thread the needle of registration that is not over-reaching beyond our borders, yet sufficiently protects the interests of the U.S. and U.S. markets. This ...

January 1, 2020, Law360

Mike Nonaka is quoted in Law360 regarding the New York Department of Financial Services and the Conference of State Bank Supervisors’ fintech charter, which is being challenged for its validity in the Southern District of New York. Mr. Nonaka says, “The [fintech charter case] is important litigation, because many of the companies that could be interested in the ...

January 1, 2020, Law360

Fred Levy spoke with Law360 about the 2021 National Defense Authorization Act. Mr. Levy says the upcoming NDAA could also include more provisions that would expand the government’s right to obtain pricing information on commercial items, given recent congressional attention to alleged “price-gouging,” even as that definition has been applied somewhat ...

2020, Best Law Firms

January 2020, Government Contracting Law Report

2020, SMU Law Review

January 2020, The Banking Law Journal

December 30, 2019, American Banker

Mike Nonaka spoke with American Banker about fintech companies’ struggle to gain banking charters in 2019 and the prospect for better results in 2020. Mr. Nonaka says, “States are looking at how difficult the federal landscape can be, and based on their current laws, they're looking for ways to attract companies — either through their current regulations or even ...

December 29, 2019, The American Lawyer

December 20, 2019, Covington Alert

This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.

December 20, 2019, Law360

Fred Levy is quoted in Law360 regarding the formation of the Procurement Collusion Strike Force, a cooperative effort among the U.S. DOJ’s Antitrust Division, in an article highlighting the top government contracts policy changes in 2019. The strike force is indicative of a broader trend in government contracts over roughly the last year: the “criminalization of ...

December 19, 2019, Covington Alert

On December 18, 2019, the Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) issued a notice of proposed rulemaking on “Importation of Prescription Drugs” (the “NPRM”) and a Draft Guidance titled “Importation of Certain FDA-Approved Human Prescription Drugs, Including Biological Products, under Section 801(d)(1)(B) of the ...

December 19, 2019, Law360

Fred Levy spoke with Law360 about an FCA case involving a rocket and missile propulsion company misleading the U.S. DoD about its failure to safeguard "unclassified controlled technical information" from cybersecurity threats, in an article highlighting the top government contracts cases of 2019. Mr. Levy says the growing attention federal agencies are giving to ...

December 17, 2019, Covington Alert

On Friday, December 13, Principal Deputy Attorney General David Burns of the Justice Department’s (“DOJ’s” or “the Department’s”) National Security Division (“NSD”), announced a new DOJ policy for business organizations that voluntarily disclose potential criminal violations of the U.S. export controls and sanctions laws to NSD’s Counterintelligence and Export ...

December 16, 2019, Covington Alert

On December 12, 2019, the Office of the Comptroller of the Currency (“OCC”) and Federal Deposit Insurance Corporation (“FDIC”) released a notice of proposed rulemaking to overhaul the agencies’ regulatory framework for evaluating banks’ Community Reinvestment Act (“CRA”) performance. The proposal follows a 2018 advance notice of proposed rulemaking by the OCC, ...

December 16, 2019

WASHINGTON—Mergers & Acquisitions magazine has named Catherine Dargan as one of the “Most Influential Women in Mid-Market M&A.” The special report showcases “champions of change, committed to transforming the dealmaking world and to inspiring and guiding the next generation.” Ms. Dargan, co-leader of the firm’s Mergers & Acquisitions practice and a member of the ...

December 15, 2019, American Banker

Karen Solomon is quoted in American Banker regarding bank regulators’ push to reform the Community Reinvestment Act and its reception from the OCC, FDIC, and Federal Reserve. Ms. Solomon says, “[I]t looks to me on first read like there are multiple elements of the determination of the CRA rating. Some of it appears to be at the assessment level, some of it at ...

December 13, 2019, Covington Alert

On December 13, 2019, the United States and China formally announced a limited initial agreement to relieve trade tensions between the two countries that have been ongoing for the past 20 months. Under what the countries call a “Phase One” trade agreement, the United States will lower the rate on some already-imposed additional tariffs on Chinese imports and ...

December 13, 2019

On December 12, 2019, the Federal Deposit Insurance Corporation ("FDIC") proposed significant changes to its regulatory framework for brokered deposits for insured depository institutions ("IDIs"). The Notice of Proposed Rulemaking (the "NPR"), which follows the FDIC's December 2018 Advanced Notice of Proposed Rulemaking, would modernize key aspects of the ...

December 2019, Stericycle

December 13, 2019, The Recorder

Eric Holder spoke with The Recorder for a Q&A on diversity in big law and being a role model within the legal community with Phuong Phillips, Zynga chief legal officer. What is the status of diversity and inclusion in the legal industry? What can we do to improve that?   “Our profession is not yet where it needs to be. Law firms are trying to do a better job, ...

December 13, 2019, New York Times

Ben Block is quoted in the New York Times regarding the firm’s representation of military families in their suit against Corvias, a company managing the privatized housing at the Fort Meade military base since 2002. Mr. Block says, “What they really want is to ensure that what they went through doesn’t happen to the next family, and the family after that. These ...

December 13, 2019, Legaltech News

Lee Tiedrich is quoted in Legaltech News regarding the continued use of artificial intelligence, despite ethics concerns. Ms. Tiedrich says that companies could put in “good governance processes to manage the [AI] product design, development and implementation in accordance with their ethnical principles.” She also noted that to limit bias, it is also necessary ...

December 12, 2019

WASHINGTON—The Hill has named Covington’s Holly Fechner, Muftiah McCartin, and Bill Wichterman to its annual “Top Lobbyists” list. The list recognizes Washington’s top policy experts and influencers voicing the concerns of the nation’s largest companies, labor unions, and associations in the nation’s capital. Named to the list for the seventh consecutive year, ...

December 9, 2019

WASHINGTON—Covington represented Merck & Co., Inc. in its definitive agreement under which Merck, through a subsidiary, will acquire ArQule for $20 per share in cash for an approximate total equity value of $2.7 billion. ArQule is a publicly traded biopharmaceutical company focused on kinase inhibitor discovery and development for the treatment of patients with ...

December 9, 2019, Covington Alert

On December 6, 2019, the Office of the U.S. Trade Representative (USTR) published a notice determining that the Digital Service Tax of France (“the DST”) is unreasonable or discriminatory and burdens or restricts U.S. commerce under Section 301 of the Trade Act of 1974.

December 9, 2019

The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its Annual Report to Congress regarding foreign acquisitions of U.S. businesses reviewed by CFIUS in 2016 and 2017, a combined report covering the final year of the Obama administration and the first of the Trump administration. The report also reflects the crucial ...

December 5, 2019, Bloomberg Law

December 5, 2019, Covington Alert

On December 2, 2019, the U.S. Department of the Treasury ("Treasury Department") and the Internal Revenue Service ("IRS") released final regulations, as well as new proposed regulations (the “2019 proposed regulations”), addressing issues related to the determination of foreign tax credits in light of the changes made by the Tax Cuts and Jobs Act (“TCJA”).

December 4, 2019, Daily Journal

Lindsey Tonsager is quoted in Daily Journal regarding a new voter initiative designed to improve consumer privacy in California. Ms. Tonsager says, “The new ballot initiative has introduced some uncertainty into the conversation for businesses. There has been a real whiplash throughout the whole process of the CCPA. It was enacted back in 2018, and its already ...

December 2019, Government Contracting Law Report

December 2019, Government Contracting Law Report

December 2019, Privacy Laws & Business

November 27, 2019, Covington Alert

The Department of Commerce (“the Department”) has issued a proposed rule implementing the May 15, 2019 Executive Order entitled “Securing the Information and Communications Technology and Services Supply Chain,” which we previously analyzed here. Once finalized and effective, the regulations will govern the process and procedures that the Secretary of Commerce ...

November 27, 2019, Covington Alert

Last week, the United States Food and Drug Administration (FDA) Center for Veterinary Medicine (CVM) published Draft Guidance for Industry No. 256, “Compounding Animal Drugs from Bulk Drug Substances” (Draft Guidance).

November 27, 2019, Covington Alert

On November 27, the Centers for Medicare & Medicaid Services (“CMS”) published in the Federal Register a final rule and proposed rule that each aim to increase the transparency of hospital and insurer prices.

November 27, 2019, Bloomberg Law

Eric Mogilnicki spoke with Bloomberg Law about the Supreme Court’s scheduling of arguments in Seila Law LLC v. CFPB, a case which will determine the Consumer Financial Protection Bureau’s constitutionality.  Mr. Mogilnicki commented on a potential CFPB challenge involving All American Check Cashing Inc., saying regardless of whether the Supreme Court takes All ...

November 27, 2019, Law360

Atli Stannard is quoted in Law360 regarding the U.S. Department of the Treasury’s claims of European Union banks violating privacy and anti-discrimination laws when they share customer information with the IRS. EU countries may negotiate with the Treasury Department, but only if they receive larger cross-border effort against tax avoidance. Mr. Stannard says, ...

November 26, 2019, Covington Alert

Yesterday, the Food and Drug Administration (FDA) published a consumer update on its ongoing analysis of the safety of products containing cannabis or cannabis-derived compounds, including cannabidiol (CBD). FDA also issued warning letters to 15 companies for selling CBD-containing products in violation of the Food, Drug, and Cosmetic Act (FD&C Act). These ...

November 25, 2019

WASHINGTON—The Women in Law Empowerment Forum (WILEF) has named Covington to its Gold Standard Certification list. This is the fifth year in which the firm has been recognized on the list. WILEF grants Gold Standard certification to major law firms that meet objective criteria concerning the number of women equity partners, in firm leadership positions, and in ...

November 25, 2019, Westlaw Journal Medical Devices

November 25, 2019

Due to a dramatic increase in administrative proceedings against investment advisers, combined with a noticeable increase in issuer reporting / audit and accounting cases, the Securities and Exchange Commission ended Fiscal Year 2019 with a slight increase in enforcement activity compared to 2018.  Absent the results of its share class selection disclosure ...

November 25, 2019, Law360

Law360 covered Covington’s representation of Ameris Bank in an American Arbitration Association proceeding before Kenneth Menendez. Benjamin Razi, Michael Rosenthal, Marianna Jackson, Maggie Brennan, and Laura Collins provided counsel.

November 22, 2019

WASHINGTON—Law360 has named seven Covington lawyers as MVPs, third most among all firms, in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Thomas ...

November 22, 2019, Law360

Karen Solomon is quoted in Law360 regarding the Office of the Comptroller of the Currency and Federal Deposit Insurance Corporation’s draft regulations to curb uncertainty in the consumer credit and securitization markets in the wake of the controversial  Madden v. Midland Funding decision. This court decision upset long-standing industry expectations that the ...

November 20, 2019, Covington Alert

On November 18 and 19, 2019, the Office of the Comptroller of the Currency (OCC) and Federal Deposit Insurance Corporation (FDIC) provided long-awaited regulatory affirmation that a bank loan’s rate of interest retains its non-usurious character when acquired by a third-party. The agencies each issued proposed rules that seek, as the OCC put it, to “codify what ...

November 20, 2019, Law360

Mike Nonaka is quoted in Law360 regarding the legality of the Office of the Comptroller of the Currency's fintech charter and the Conference of State Bank Supervisors' model payments. Both the OCC and CSBS have taken the concerns of industry to heart, and each initiative, while potentially overlapping in their goals of reducing regulatory burdens, may very well ...

November 19, 2019, Covington Alert

New Guidelines on Outsourcing Arrangements (EBA/GL/2019/02) (“Guidelines”) have been issued by the European Banking Authority (“EBA”) and came into force on September 30, 2019. Within these Guidelines, the EBA aims to contribute to a harmonized framework for outsourcing on a European level. At the same time, the EBA acknowledges the increased interest of ...

November 19, 2019, Covington Alert

In a recent Interpretive Letter, the Office of the Comptroller of the Currency (OCC) addressed a proposal from an OCC-regulated bank to automate its process for filing suspicious activity reports (SARs) under the Bank Secrecy Act (BSA).

November 15, 2019, Law360

November 15, 2019, Sky News

Tim Stratford spoke with Ian King of Sky News regarding current U.S.-China trade negotiations. Mr. Stratford says, “If there is strong interest to do a deal, it may stop the tit-for-tat escalation of tariffs. But it may not address the real underlying issues that lead to the trade war in the first place.”

November 15, 2019

NEW YORK—Latinvex has named Covington among the top ten international law firms doing work in Latin America and first among firms in trade & sanctions. The firm was also singled out particularly for its role in handling in arbitration, corporate/M&A, and fraud/FCPA matters. Covington’s Latin America practice draws on a dedicated team of lawyers and advisors who ...

November 14, 2019, Law360

Jay Carey spoke with Law360 about the high rate of success for federal contract protests at the Government Accountability Office over the last five years, as shown in a recent GAO report. Mr. Carey say among other barriers in the way of a successful protest, protesters bear the burden of proof, often have less access to relevant information than agencies, and ...

November 11, 2019, Covington Alert

On November 5, 2019, the Securities and Exchange Commission (SEC) proposed two rule amendments as part of its ongoing effort to modernize and improve the proxy voting system. The SEC proposed amendments to its rules governing proxy solicitations to clarify the application of such rules to proxy advisory firms making voting recommendations and to impose new ...

November 8, 2019

WASHINGTON—Covington has secured a decisive win for Ukraine in proceedings against the Russian Federation before the International Court of Justice (“ICJ”) concerning violations by Russia of the International Convention for the Suppression of the Financing of Terrorism (“ICSFT”) and the International Convention on the Elimination of All Forms of Racial ...

November 8, 2019, AmLaw Litigation Daily

Ethan Posner, Matthew Dunn, and Christopher Denig were featured in Am Law Litigation Daily as "Litigators of the Week." The team was profiled for their complete defense win for UnitedHealth Group subsidiary Executive Health Resources in U.S. District Court for the Eastern District of Pennsylvania. Krysten Rosen Moller led the associate team and was involved in ...

November 7, 2019, Law360

Mike Wagner is quoted in Law360 regarding the 2018 Suspension and Debarment report. Mr. Wagner says “that modest decline in suspension and debarment activity over time has also been offset in part by suspension and debarment officials' increased use of alternative measures. This dual trend is interesting — I think it speaks to the overall evolution of the ...

November 6, 2019

WASHINGTON—Covington has announced that its partners have unanimously elected Doug Gibson as chair of the firm’s Management Committee and that he will begin a four-year term on January 1, 2020. The chair leads the Management Committee in setting the firm’s strategy, overseeing the firm’s operations, supporting the firm’s representation of clients, and working ...

November 6, 2019, Covington Alert

On November 5, 2019 the Department of Justice (DOJ) announced the launch of the “Procurement Collusion Strike Force” (PCSF). The creation of the PCSF marks a significant development in the government procurement enforcement landscape. Creation of the PCSF prioritizes the DOJ’s focus on government procurement offenses. As part of that effort, DOJ has launched a ...

November 6, 2019, Wall Street Journal

Gerald Hodgkins is quoted in the Wall Street Journal regarding an SEC enforcement case targeting the sale of higher-fee mutual funds. Mr. Hodgkins found that fines against such defendants are usually harder for the government to collect. Unlike Wall Street banks and public companies that are quick to pay, individuals and smaller firms accused of brazen frauds ...

November 3, 2019, Journal of Investment Compliance

October 31, 2019, Covington Alert

Today, the U.S. Department of Agriculture (USDA) issued the long-awaited interim final rule (“the rule”) establishing regulations for a domestic hemp production program. The rule provides clarity for hemp growers and related businesses and is a critical next step after the passage of the 2018 Farm Bill last December. Among other things, the rule outlines ...

October 31, 2019, Bloomberg Law

Laura Brookover is quoted in Bloomberg Law regarding a House bill to reauthorize the Commodity Futures Trading Commission for the first time in more than a decade. The bill would give the agency stronger legal footing to pursue fraudulent overseas trading activities.   Ms. Brookover says that language would potentially give the agency broader authority over ...

October 30, 2019, The Baltimore Sun

October 29, 2019, Covington Alert

Following the Department of Justice’s announcement in March of an initiative to increase enforcement of the Foreign Agents Registration Act (“FARA”), the Department has rolled out a new e-file system for FARA registrations. Notably, the new system only applies to new registrants, although the Department indicated that it will transition existing registrants to ...

October 29, 2019, Law360

Law360 covered Covington’s representation of Dropbox in a trademark case before the U.S. District Court for the Central District of California. Clara Shin, Jeffrey Davidson, Laura Brookover, Rebecca Jacobs, Matthew Verdin, Isaac Chaput and Diane Ramirez provided counsel to Dropbox.

October 25, 2019

WASHINGTON—The National Law Journal has named Covington to its “Appellate Hot List” for the eighth time. Lawyers and law firms featured in the annual special report were recognized for winning “key matters before the U.S. Supreme Court and federal courts of appeals.” Over the past two years, lawyers in Covington’s Appellate and Supreme Court practice ...

October 24, 2019, Covington Alert

Yesterday, FDA announced that it will grant a 6-month period of enforcement discretion for manufacturers to meet the agency's new nutrition labeling requirements. In an updated Q&A on FDA's webpage for Industry Resources on Changes to the Nutrition Facts Label, FDA added the following: I understand that FDA has received multiple requests from manufacturers to ...

October 24, 2019, Covington Alert

FDA hosted a public meeting on October 21, 2019 entitled “A New Era of Smarter Food Safety.” The purpose of the meeting was to obtain stakeholder input on the Agency’s food safety initiative launched in April 2019 and inform a strategic blueprint expected to be issued in early 2020.

October 24, 2019, Law360

Susan Cassidy spoke with Law360 about the Department of Defense’s goal for its Cybersecurity Maturity Model Certification (CMMC) and its impact on join bid contractors.   Ms. Cassidy says such teaming arrangements are already complicated and can take years to put together for big defense procurements. Although the DOD has said cybersecurity compliance will be ...

October 23, 2019, Law360

Muftiah McCartin is quoted in Law360 regarding the firm’s lobbying efforts in the third quarter of 2019. Ms. McCartin said that while it's easy to assume the impeachment inquiry into President Donald Trump might be the only focus of Congress in the short term, that's actually not the full story. She adds, “On the contrary, we expect Congress to be in for a very ...

October 22, 2019, Legaltech News

Trisha Anderson spoke with Legaltech News about a bilateral data access agreement, a new mechanism of the CLOUD Act and its effect on law firms. A year after the CLOUD Act, the first data-sharing agreement is most relevant to U.K. law enforcement agencies having access to the vast data held by U.S.-based tech companies, says Ms. Anderson. She adds, “The most ...

October 21, 2019, Covington Alert

The Federal Trade Commission (“FTC”) has published a request for public comment on “ways to improve its existing regulations for negative option marketing.” 84 Fed. Register 52393 (October 2, 2019). The FTC acknowledges that negative option plans, such as prenotification negative option plans, continuity plans, and free trial and conversion plans, “can provide ...

October 21, 2019, Covington Alert

Federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the second quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our third AI & IoT Quarterly ...

October 18, 2019, Covington Alert

On October 10, 2019, the Board of Governors of the Federal Reserve System (“Board”) released two final rules to tailor and modify the applicability of enhanced prudential standards for bank holding companies (“BHCs”), savings and loan holding companies that are not substantially engaged in insurance underwriting or commercial activities (“Covered SLHCs”), ...

October 18, 2019, National Defense

October 18, 2019, Covington Alert

Vanilla-flavored yogurt, ice cream, almond and soy milk have all been caught in the crosshairs recently, targeted by more than a dozen class action lawsuits filed since May 2019 by the same New York-based law firms Sheehan & Associates and Reese LLP.

October 17, 2019, Covington Alert

On September 10, 2019, the Consumer Financial Protection Bureau issued a No-Action Letter Policy, along with a Compliance Assistance Sandbox Policy and Trial Disclosure Program Policy, to promote innovation and facilitate compliance in consumer financial services. Covington & Burling LLP is pleased to provide this Model No-Action Letter Application as a ...

October 17, 2019, Covington Alert

This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.

October 14, 2019, Journal of Investment Compliance

October 11, 2019, Bloomberg Law

Kevin King is quoted in Bloomberg Law regarding the U.S. Supreme Court’s recent rejection of several patent petitions. Mr. King says, “It’s always a challenge in patent cases, a puzzler to show that the issue has a broader impact. I think successful cases do that. They show this isn’t just about the parties. These issues have lasting consequences.”

October 10, 2019, Covington Alert

On Monday, the Federal Trade Commission held a workshop to examine whether to update the FTC’s rule adopted under the Children’s Online Privacy Protection Act (“COPPA Rule”). The Future of the COPPA Rule: An FTC Workshop featured a range of speakers and panelists, including representatives from industry, consumer groups, and academia.

October 10, 2019, Covington Alert

On October 9, the U.S. Department of Commerce issued a Final Rule adding 20 Chinese government entities and eight Chinese private sector entities (“Listed Entities”) to the Entity List maintained by the Commerce Department’s Bureau of Industry and Security (“BIS”).

October 10, 2019, AmLaw Litigation Daily

John Hall spoke with AmLaw Litigation Daily about a recent win in a federal jury trial in Kansas on behalf of Julie Burkhart, founder and CEO of pro-choice and reproductive justice organization Trust Women. Mr. Hall says one key to the defense was “to take the jury back in time and remind them of the context.” He adds, “It’s one of the most gratifying wins of my ...

October 10, 2019

WASHINGTON—The National Law Journal has named Covington's Rusty Conner to its inaugural list of "Finance, Banking, & Capital Markets Trailblazers." This list profiles 35 lawyers who are agents of change in their respective practice areas. Mr. Conner’s practice is focused on mergers and acquisitions, corporate finance, corporate governance, and related strategic ...

October 9, 2019, Law360

Ben Razi represented Salix Pharmaceuticals in a False Claims Act case.

October 8, 2019

WASHINGTON—A federal jury in the U.S. District Court for the District of Kansas today ruled in favor of Covington client Julie Burkhart, founder and CEO of pro-choice and reproductive justice organization Trust Women in Wichita, following a case brought against Ms. Burkhart by a prominent anti-abortion activist. The case involved two incidents in November 2012 ...

October 8, 2019, Covington Alert

A pharmaceutical company, Mylan, N.V., recently paid $30 million to settle an SEC enforcement action alleging multiple disclosure failures arising from an investigation by the Department of Justice.

October 8, 2019, KMUW

John Hall spoke with KMUW about a recent case in which he represented Julie Burkhart, the head of the pro-choice group Trust Women. The lawsuit stemmed from Ms. Burkhart’s protection order against an individual making violent threats towards her. Mr. Hall says, "Imagine how you would feel. You have to consider everything she knew at the time. Violence toward ...

October 8, 2019, Law360

October 7, 2019, Covington Alert

FDA has been active on the FSMA front, and released two new documents over the last few days. Last Friday, October 4, the Agency issued a draft guidance regarding establishing and implementing a recall plan under 21 CFR 117.139, the provision of the Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food (PC Human ...

October 3, 2019, Global Data Review

Global Data Review covered Yan Luo’s recent promotion to partner. Ms. Luo is a member of GDR’s inaugural 40 under 40 set. “This experience has broadened my horizons and is very fulfilling for me personally,” she told GDR.

October 2, 2019, Covington Alert

The enforcement staff of the Public Company Accounting Oversight Board (“PCAOB”) recently issued guidance for when it will recommend to the PCAOB disclosing the identity of non-party audit clients in disciplinary orders against auditors. The guidance confirms a policy change that we identified earlier this year.

October 2, 2019, Covington Alert

FDA hosted a public meeting on September 27, 2019 entitled “Horizontal Approaches to Food Standards of Identity Modernization.” The purpose of the meeting was to discuss changes FDA could make across food standards to afford manufacturers greater flexibility and to facilitate innovation.

October 2, 2019, Covington Alert

On September 26, 2019, staff from the Bureau of Consumer Protection in the Federal Trade Commission held a workshop on the agency’s experience with “Made in the USA” claims. The program consisted of a series of panel discussions between staff and representatives from the business and consumer advocacy communities. The workshop followed the Commission’s pledge ...

October 2, 2019, Time

Robert Kelner spoke with Time about Senator Elizabeth Warren’s proposed new tax on lobbying. The proposal is meant to discourage major corporations from spending more than $500,000 to lobby the government. Mr. Kelner says, “I think any plan to tax lobbying is almost certainly unconstitutional. It’s extraordinarily likely to be struck down by the Supreme Court if ...

October 2, 2019, Global Arbitration Review

Nikhil Gore and Erin Thomas spoke with Global Arbitration Review about their recent promotion to partnership and contributions to the Covington’s Naftogaz team representing Ukrainian state-owned energy company Naftogaz in its $5 billion treaty claim against Russia over the seizure of its assets in Crimea.

October 2, 2019, The American Lawyer

October 1, 2019

WASHINGTON—Lindsay Kitzinger, who until recently was an Attorney Advisor in the Office of International Tax Counsel, within the U.S. Treasury's Office of Tax Policy, has rejoined Covington as a partner in its Tax Practice Group in Washington. During her time at Treasury, Ms. Kitzinger was involved in the tax reform legislation that was enacted in December 2017, ...

October 2019, Intellectual Property & Technology Law Journal

October 2019, Government Contracting Law Report

October 1, 2019, KMUW

Jennifer Saulino is quoted by NPR station KMUW from her opening arguments in a federal trial representing Julie Burkhart, founder and CEO of pro-choice and reproductive justice organization Trust Women. “This was about getting to her at home, about making her feel afraid,” Ms. Saulino told the jury.

October 1, 2019, Law360

Law360 covered William Phillips, David Pinsky, Joshua Picker, Marney Cheek, and William Lowery’s representation of Naftogaz, Ukraine's state-owned oil and gas company, in its pursuit of documents from Gazprom's Dallas-based oil and gas reserves auditor as the company pursues litigation in the Netherlands to enforce a $2.56 billion arbitral award against the ...

October 1, 2019

WASHINGTON—Covington has promoted to its partnership 14 lawyers based in eight different offices, including nine women and six lawyers of ethnically diverse backgrounds.   “Our new partners are exceptionally talented lawyers from a wide range of the firm’s offices and most important practices, and they are extremely well-positioned to carry the firm forward,” ...

April 2020

  For over 30 years, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) focused on a narrow subset of M&A transactions and investments. That era is coming to an end.  Covington is monitoring developments:  CFIUS Proposes New Rules Governing Mandatory Filing Requirements for Critical Technology Businesses, Covington Alert, ...

September 27, 2019, Covington Alert

Yesterday, the U.S. Food and Drug Administration (FDA) Center for Veterinary Medicine (CVM) issued a draft guidance explaining the criteria it plans to apply when granting “expanded conditional approval” to new animal drugs not intended for minor uses or minor species that address a serious or life-threatening disease or condition or fill an unmet animal or ...

September 27, 2019, National Defense Magazine

September 27, 2019, Law360

September 27, 2019, Covington Alert

On September 26, 2019, the Securities and Exchange Commission (the “SEC”) announced the adoption of new Rule 163B under the Securities Act of 1933 (the “Securities Act”), which expands the permitted use of “test-the-waters” communications to all issuers, regardless of size or reporting status. The new rule, which the SEC proposed in February 2019, represents a ...

September 27, 2019

Last week the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) issued its proposed final regulations (“Regulations”) to implement its expanded authorities under the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). In doing so, CFIUS bifurcated the rulemaking process, proposing one set of regulations to govern ...

September 26, 2019, Wall Street Journal

Robert Kelner is quoted in The Wall Street Journal regarding the differences between U.S. Department of Justice’s newly unveiled online filing system for foreign agents and the Foreign Agent Registration Act (FARA). Mr. Kelner says, “This is not an issue just for lobbying firms and public relations firms because FARA sweeps very broadly and applies to ...

September 25, 2019

WASHINGTON—The National Asian Pacific American Bar Association (NAPABA) has recognized Nooree Lee with its Best Under 40 Award. The award recognizes talented individuals within the Asian Pacific American legal community under the age of 40 who have achieved prominence and distinction in their fields of endeavor—be it the practice of law, academia, business, ...

September 24, 2019, Law360

September 23, 2019, Bloomberg Law

Lee Tiedrich recently participated in the “AI and the Rule of Law Roundtable” in Athens and spoke with Bloomberg Law about with the event, which was , focused on ensuring that AI tech works as intended—and that those who implement and operate such systems are competent to do so.   Ms. Tiedrich says, “Although the Roundtable participants came from different ...

September 23, 2019

WASHINGTON—Covington's Priscilla Fasoro, Fatmata Kabia, and Kendra Mells have been named to the National Black Lawyers Top 40 Under 40 class of 2019. Ms. Fasoro represents clients on a wide variety of complex commercial transactions, specializing in those involving technology and data. In particular, her practice focuses on negotiating outsourcing and other ...

September 20, 2019

For over 30 years, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) focused on a narrow subset of M&A transactions and investments. That era is coming to an end. On Tuesday of this past week, CFIUS issued its anticipated proposed final regulations (“Regulations”) to implement the Foreign Investment Risk Review Modernization ...

September 17, 2019, Reuters

Mark Plotkin is quoted in Reuters regarding U.S. Treasury’s announcement that it will introduce new regulations expanding the powers of the Committee on Foreign Investment (CFIUS) to further scrutinize foreign investments involving sensitive technology, infrastructure, personal data, and real estate.   Mr. Plotkin pointed out that many CFIUS watchers had ...

September 17, 2019, The New York Times

Mark Plotkin spoke with The New York Times about U.S. Treasury’s announcement that it will introduce new regulations expanding the powers of the Committee on Foreign Investment (CFIUS) to further scrutinize foreign investments involving sensitive technology, infrastructure, personal data, and real estate.   Mr. Plotkin said that the proposed rules were ...

September 17, 2019, Law360

September 17, 2019, Financial Times

Mark Plotkin is quoted in the Financial Times regarding U.S. Treasury’s announcement that it will introduce new regulations expanding the powers of the Committee on Foreign Investment (CFIUS) to further scrutinize foreign investments involving sensitive technology, infrastructure, personal data, and real estate. Mr. Plotkin says, “The regulations reflect ...

September 15, 2019, La Nacion

Veronica Yepez recently spoke at the Marval International Summit on Compliance, Anti-Corruption, and Investigations conference and was quoted in La Nacion regarding how major internal investigations begin in Argentina. Ms. Yepez explained that an internal report, often, a human resources report, journalistic investigation, an internal or external audit or ...

September 12, 2019, Covington Alert

This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics. In July and August, the Office of Prescription Drug Promotion (OPDP) posted enforcement letters on FDA’s website.

September 11, 2019, Gov Info Security

Susan Cassidy, Samantha Clark, Ryan Burnette, and Ian Brekke are mentioned in Gov Info Security regarding their blog post analyzing the CMMC draft. "The guidance offers no insight into how DOD will determine the CMMC certification level required for each contract solicitation or whether it intends to standardize a process for making such determinations across ...

September 11, 2019, Legaltech News

Lindsey Tonsager is quoted in Legaltech News regarding Google’s settlement with the FTC involving violations of the Children's Online Privacy Protection Act. Ms. Tonsager says, “This is the first FTC settlement that dealt with behavioral advertisements against a platform that just hosts third-party content.” She noted FTC Commissioner Rebecca Kelly Slaughter’s ...

September 11, 2019, Law360

Amanda Kramer spoke with the New York Law Journal about her recent move to Covington and her experience as a prosecutor in New York. Ms. Kramer says, “I’m really excited for this change and thrilled to be here.” On one occasion, she prosecuted a case involving underpaid employees, saying “One of the big benefits of that case was that it brought attention to the ...

September 11, 2019, New York Law Journal

Amanda Kramer spoke with the New York Law Journal about her recent move to Covington and her experience as a prosecutor in New York. Ms. Kramer says, “I’m really excited for this change and thrilled to be here.” On one occasion, she prosecuted a case involving underpaid employees, saying “One of the big benefits of that case was that it brought attention to the ...

September 11, 2019, Reuters

Reuters covered Amanda Kramer’s onboarding as a partner to Covington. Ms. Kramer said the firm’s “track record of bringing in former prosecutors and giving them a place where they can thrive and have really robust practices.”  

September 10, 2019, The Recorder

September 10, 2019

The U.S. Department of the Treasury is expected to issue soon proposed regulations implementing the Foreign Investment Risk Review Modernization Act (“FIRRMA”), legislation enacted in August 2018 that reformed the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”). FIRRMA transformed CFIUS’s authorities, but many of the most ...

September 9, 2019, JAMA Internal Medicine

September 9, 2019, Law360

Covington successfully represented Celtic Bank in an arbitration proceeding contending that Celtic Bank was not the “true lender” on loans made to a small business, which culminated in the arbitrator rejecting eight-figure damages claims and awarding Celtic Bank $3.2 million on counterclaims. 

September 9, 2019, Marketplace

John Veroneau spoke with Marketplace about the President’s economic power and tariff law. According to Mr. Veroneau, the President could invoke Section 338 which gives the president broad authority to impose or raise tariffs if U.S. companies or interests are being discriminated against. He says that if Section 301 is used to address unfair trade practices, then ...

September 9, 2019, Am Law Litigation Daily

John Hall was featured in Am Law Litigation Daily's Litigation Leaders series. Mr. Hall spoke about the firm's recent litigation highlights.  

September 9, 2019

WASHINGTON, September 9, 2019—Law360 named Covington partners Andrew Soukup and David Zionts to its list of “2019 Rising Stars.” This annual recognition honors top lawyers under 40 “whose legal accomplishments transcend their age.” Mr. Soukup's Law360 Class Action profile can be found here. Andrew Soukup is a litigator and co-chair of the firm’s Class Action ...

September 5, 2019, Law360

September 3, 2019

WASHINGTON—The Diversity Lab, an incubator for ideas and solutions that boost diversity and inclusion in law, has certified Covington as having achieved the “Mansfield Rule Certification 2.0 Plus” after completing the twelve-month certification program. The "Mansfield Rule Certification 2.0" measures whether law firms have affirmatively considered at least 30 ...

September 3, 2019, Covington Alert

The Agricultural Improvement Act of 2018 (the 2018 Farm Bill) has created a rapidly-expanding market for hemp-derived products by legalizing the cultivation of hemp, which can be processed to make a variety of goods, including cannabidiol (“CBD”) products.

September 2019, Briefing Paper

September-October 2019, The Journal of Robotics, Artificial Intelligence & Law

August 30, 2019, Covington Alert

On August 27 and 29, 2019, the U.S. Administration released notices concerning increases in certain tariffs on Chinese imports, marking the latest escalation in bilateral trade frictions.

August 28, 2019, Covington Alert

On August 23, 2019, President Donald J. Trump tweeted: "Our great American companies are hereby ordered to immediately start looking for an alternative to China, including bringing . . . your companies HOME and making your products in the USA."

August 27, 2019, Covington Alert

On August 20, 2019, the Board of Directors of the Federal Deposit Insurance Corporation (the “FDIC”) approved a final rule (the “final rule”)1 that will significantly revise existing regulations implementing the Volcker Rule – a statutory provision that generally prohibits banking entities from engaging in proprietary trading or taking an ownership interest in, ...

August 27, 2019, Global Arbitration Review

Marney Cheek is quoted in Global Arbitration Review regarding Eli Lilly & Company’s victory over a French biotech company that alleged it had misused trade secrets and confidential information. Ms. Cheek says, “We are very pleased that the tribunal acknowledged the innovative and independent work of Lilly scientists. We are delighted with the outcome.”

August 26, 2019, The National Law Journal

Beth Brinkmann spoke with the National Law Journal and discussed her recent win at the Supreme Court, her former national appellate practice for the federal government, and the role of other women Supreme Court clerks as leaders at Covington.   Ms. Brinkmann marked her 25th argument before the Supreme Court with a win in a major patent case against the federal ...

August 26, 2019, Litigation Daily

Marney Cheek is quoted in Litigation Daily regarding the firm’s win for Eli Lilly & Company against a French biotech company regarding alleged misappropriation of trade secrets. Ms. Cheek says, “We are very pleased that the tribunal acknowledged the innovative and independent work of Lilly scientists. We are delighted with the outcome.”  

August 23, 2019

WASHINGTON—Covington has secured a complete victory for our client Eli Lilly & Company against French biotech company Adocia S.A., defeating Adocia’s claims of $1.39 billion for alleged misappropriation of trade secrets in an arbitration before a three-member panel at the American Arbitration Association (AAA).  After extensive written submissions and a lengthy ...

August 23, 2019, Law360

August 23, 2019, Natural Products Insider

Peter Hutt spoke with the Natural Products Insider podcast in the second part of a discussion about the FDA’s role over the decades in regulating dietary supplements and efforts to impose restrictions that were stymied time and again. Mr. Hutt says, “FDA has not done adequate enforcement against [companies that put prescription drug ingredients in dietary ...

August 22, 2019

WASHINGTON—Covington announced that the firm will be serving as part of an international team of lawyers representing media pioneer Maria Ressa, CEO, Cofounder and Executive Editor of Rappler, one of the leading online news platforms in the Philippines, as well as representing Rappler itself. Covington will be serving as U.S. counsel and will coordinate as ...

August 20, 2019, Covington Alert

On August 19, 2019, the Commerce Department’s Bureau of Industry and Security (“BIS”) issued a Final Rule adding 46 non-U.S. affiliates of Huawei Technologies Co., Ltd. (“Huawei”) to the Entity List and extended, through November 18, 2019, a revised Temporary General License (“TGL”) authorizing certain transactions with Huawei and listed Huawei entities.

August 20, 2019, Law360

Michael Nonaka is quoted in Law360 regarding Madden v. Midland Funding, a case that called into question the validity of interest rates on bank-originated debt that is later transferred to nonbank partners, such as fintech firms. The decision largely rejected the "valid-when-made" doctrine stating that a loan's interest rate remains legal as long as it was legal ...

August 20, 2019, Law360

August 16, 2019, The National Law Journal

Jason Raofield is quoted in the National Law Journal regarding the firm’s representation of the Hanover County Unit of the NAACP in a case involving a Richmond high school’s use of a Confederate nickname. Mr. Raofield says, “Hanover County is spending taxpayer funds on litigation to preserve its ability to force African-American students to literally label ...

August 15, 2019, Computer Law Review International

August 15, 2019, Natural Products Insider

Peter Hutt spoke with the Natural Products Insider podcast about the FDA’s role over the decades in regulating dietary supplements and efforts to impose restrictions that were stymied time and again.

August 14, 2019, National Law Journal

Mark Mosier spoke with the National Law Journal about his career in professional baseball and the influence it has had on his legal career. Mr. Mosier, a San Francisco Giants draftee who played two seasons in the minor leagues, says, "It was a great experience, but with a demanding lifestyle and a high stress level." The “do the best you can” attitude he learned ...

August 14, 2019, The Information

Anne Termine spoke with The Information about the issues cryptocurrency exchange companies face with U.S. regulation. Some exchange companies have resulted to forbidding U.S. customers from using their services. Ms. Termine said that to avoid regulatory scrutiny and possible fines, crypto exchanges should make a “reasonable effort” to prevent U.S. residents from ...

August 12, 2019, Law360

August 8, 2019, Covington Alert

On August 5, 2019, President Trump issued Executive Order 13884 imposing comprehensive sanctions against the Government of Venezuela. Specifically, the Executive Order blocks all property and interests in property of the Government of Venezuela that are in or that come into the United States or the possession or control of a U.S. person.

August 7, 2019

WASHINGTON—Covington’s Government Contracts and Communications regulatory practices are representing Communications & Power Industries LLC (CPI) in its recently announced deal to acquire SATCOM Technologies, the antenna systems business of General Dynamics Mission Systems, Inc., a business unit of General Dynamics. SATCOM Technologies designs, manufactures and ...

August 7, 2019, Wall Street Journal

David Martin is quoted in The Wall Street Journal regarding gun violence’s effect on corporate disclosures. Mr. Martin says, “People are legitimately trying to think through whether it’s responsible to put a risk factor like this in the document.” Deciding what to disclose, and which risks count as material, is more art than science. Figuring out whether a ...

August 4, 2019, CoinTelegraph

Michael Nonaka spoke with CoinTelegraph to discuss cryptocurrency regulation in the U.S.   Mr. Nonaka says, "The U.S. Financial Crimes Enforcement Network issued its first guidance addressing cryptocurrency companies in 2013, and since then regulatory action for digital assets has been slow to develop but has picked up in the past few years as an increasing ...

August 2019, Bloomberg

August 1, 2019, Covington Alert

The Internal Revenue Service (IRS) must adhere to public notice-and-comment procedures before it can relieve certain tax-exempt organizations of the burden of reporting the names and addresses of their donors to the IRS, a Montana federal court ruled this week.

August 2019, Covington Alert

The ECJ ruled on 14 May 2019 (C-55/18) that Member States must take measures to ensure that employers comply with the minimum rest periods and prevent workers from working in excess of the weekly maximum working hours, including introducing an "objective, reliable and accessible system" to measure daily working time.

July-August 2019, Energy Law Report

July 29, 2019, Law360

July 29, 2019

WASHINGTON—The National Law Journal has named Covington partner Anne Lee a “DC Rising Star,” recognizing her as one of the “region’s 40 most promising lawyers age 40 and under.” Recently named co-chair of Covington’s Global Antitrust practice, Ms. Lee represents clients in complex commercial and antitrust litigation and has litigated cases at the trial and ...

July 26, 2019, National Defense

July 23, 2019

WASHINGTON—The American Lawyer has named Covington to its 2019 “A-List,” an annual ranking of the top 20 firms based on revenue per lawyer, pro bono commitment, diversity, associate satisfaction, and the percentage of female equity partners. Covington has appeared on the “A-List” fourteen times since it was introduced in 2003. This year, Covington ranked fifth ...

July 23, 2019, Law360

Muftiah McCartin is quoted in Law360 regarding the firm’s lobbying efforts in the second quarter of 2019. Ms. McCartin says, “If a budget deal is not reached this week, it will have to be reached in September to allow the completion of the annual appropriations measures. We also anticipate Congress addressing drug pricing and trade issues — two issues that ...

July 22, 2019

NEW YORK—Covington advised Bayer in a definitive agreement to sell the Dr. Scholl’s™ business to Yellow Wood Partners for a purchase price of $585 million. Bayer is a global enterprise with core competencies in the life science fields of health care and nutrition. Its products and services are designed to benefit people by supporting efforts to overcome the ...

July 18, 2019, Covington Alert

This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.

July 18, 2019, Law360

July 17, 2019, Covington Alert

Federal and state policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the second quarter of 2019, including by introducing both substantive measures that would regulate the use of the technology and by supporting funding bills aimed at increasing investment. In our second AI & IoT Quarterly Legislative Update, ...

July 16, 2019, Financial Times

Mark Plotkin is quoted in the Financial Times regarding the increasing demand for lawyers with CFIUS experience. Mr. Plotkin says, “With CFIUS it is not like you can pick up the book and know what you are doing. The law is not that complicated and it is reasonably straightforward, but there’s no body of cases.”

July 15, 2019, Covington Alert

The U.S. Department of Justice Antitrust Division has long been out-of-step with the rest of the DOJ in refusing to consider the compliance programs of corporate antitrust offenders in charging or sentencing decisions. But on July 11, 2019, Assistant Attorney General Makan Delrahim announced fundamental and sweeping changes to the Division’s approach to ...

July 15, 2019, Bloomberg

Beth Brinkmann spoke with Bloomberg about her experience as a woman arguing before the Supreme Court. Ms. Brinkmann—who has argued before the Court 25 times—says, “People are putting more of a spotlight on these issues. But there’s so much work that needs to be done.”

July 12, 2019

PALO ALTO—Covington advised Argo AI, LLC, a technology platform company that is working with leading automakers to deliver a fully integrated self-driving system, in the deal announced today with Volkswagen AG and Ford Motor Company. Volkswagen will be making a $2.6 billion investment, becoming Argo AI’s second investor and building upon a $1 billion investment ...

July 12, 2019

WASHINGTON—Covington recently secured a significant victory on behalf of Kellogg Brown & Root Services Inc. (KBR) in a long-running contract dispute with the U.S. Army arising from the Iraq War. The U.S. Court of Appeals for the Federal Circuit unanimously affirmed a 2017 ruling by the Armed Services Board of Contract Appeals (ASBCA) that held the United States ...

July 12, 2019, Risk

Randy Benjenk is quoted in Risk regarding new liquidity rules for foreign banks’ U.S. branches. Mr. Benjenk says, “There is a concern [in the U.S.] that the home country regulators of foreign banks won’t let the foreign bank put out the fire in the U.S. because it should be conserving its liquidity for some stress event in the home country.”

July 11, 2019, ACLU

The ACLU covered Josh Picker's representation of domestic flight passengers subject to suspicionless searches by the U.S. Customs and Border Protection. Mr. Picker says, "We are pleased to have reached a settlement that recognizes that our clients were wronged by government officials when they exited the plane on February 22, 2017 and that such conduct is not to ...

July 2, 2019

WASHINGTON—Covington was ranked second among Am Law 200 firms in The American Lawyer’s annual Pro Bono Survey and first in average pro bono hours performed by lawyers based in the United States in 2018. The American Lawyer ranks firms by a pro bono score that considers the average number of pro bono hours per lawyer and the percentage of lawyers who performed ...

July 1, 2019

WASHINGTON—Jeremy Newell has joined Covington's Financial Services Group as a partner in Washington. Mr. Newell's arrival follows the recent addition of Karen Solomon, who joined Covington after serving as the acting Chief Counsel of the Office of the Comptroller of the Currency. Mr. Newell was formerly Executive Vice President, General Counsel & Chief ...

July 1, 2019, The National Law Journal

June 28, 2019, NPR

Alexander Berengaut spoke with AirTalk about the Supreme Court’s decision on the fate of DACA.

June 27, 2019, Legaltech News

Alex Berengaut spoke with Legaltech News about a U.S. Court of Appeals for the D.C. Circuit’s decision to allow plaintiffs to sue for risk of harm, as opposed to actual harm after a data breach. According to Mr. Berengaut, while the U.S. Office of Personnel Management decision doesn’t change the nature of the split, the case may “pique the Supreme Court’s ...

June 25, 2019, Law360

Eric Mogilnicki’s comments from a recent financial services conference are mentioned in Law360. At the conference, panelist lawyers said the Consumer Financial Protection Bureau should not wait to provide a definition of what counts as an "abusive" act or practice under the Dodd-Frank Act.   Mr. Mogilnicki says, “It would not be a bad start for the Bureau to ...

June 25, 2019, World Trademark Review

Simon Frankel is quoted in World Trade Review regarding the Supreme Court’s decision in Iancu v Brunetti, holding that the Lanham Act’s prohibition on the registration of “immoral” or “scandalous” trademarks violates the First Amendment. Mr. Frankel says, “registration of ‘disparaging’ trademarks – today's decision is not very surprising. The Court extended its ...

June 21, 2019, Covington Alert

Earlier this week, the Office of the U.S. Trade Representative (USTR) announced a process through which companies can request that their products be excluded from duties imposed on $200 billion in Chinese imports under Section 301 of the Tariff Act of 1974 (Section 301). Tariffs on these imports have been in effect since September 2018, and recently increased ...

June 21, 2019, Communications Daily

Kevin King is quoted in Communications Daily regarding the Supreme Court’s decision in PDR Network v. Carlton & Harris Chiropractic, a case involving a company's efforts to disregard an FCC rule about junk faxes. According to Mr. King, the decision could have significant impact for the FCC and regulated companies in the subsidiary questions remanded to the 4th ...

June 21, 2019, Law360

Kevin King spoke with Law360 about the Supreme Court’s decisions over the contours of the Telephone Consumer Protection Act. According to Mr. King, the Supreme Court dodged the main issue, the justices’ narrow approach does provide a boost to both consumers and companies by providing them with “two powerful ways to challenge FCC orders: They can argue that the ...

June 21, 2019, The Wall Street Journal

Michael Nonaka is quoted in The Wall Street Journal regarding the Financial Act Task Force’s request to virtual currency firms to develop procedures for sharing customer information with other financial institutions. Mr. Nonaka says that some crypto companies have invested heavily in compliance, others have a long way to go to build the systems necessary for ...

June 20, 2019, Law360

June 20, 2019, The Coalition for Government Procurement

June 19, 2019, National Defense

June 19, 2019, Covington Alert

The U.S. Court of Appeals for the D.C. Circuit yesterday issued a long-awaited opinion upholding, on the merits, a recent update to the SEC's pay-to-play rule. While the case involved only a narrow piece of the rule, the decision's logic is worded more broadly and could apply to the SEC rule as a whole, making future challenges to the rule much more difficult, ...

June 18, 2019

WASHINGTON—Covington is representing Peraton in its recently announced deal to acquire Solers, Inc., a leading provider of software development and systems integration for space situational awareness, satellite ground systems and operations, cybersecurity engineering, and enterprise cloud-based solutions. Covington is handling government contracts, national ...

June 17, 2019, Washington Post

John Veroneau is quoted in the Washington Post regarding the President’s plan to impose tariffs on virtually all products from China and its impact on U.S. companies and customers. Mr. Veroneau says, “Companies have tried to shield customers from tariff increases, but that will no longer be possible. To the extent possible, companies are working hard to ...

June 14, 2019

WASHINGTON—Today, for the first time in its history, the United States Court of Appeals for Veterans Claims certified a class action and granted classwide relief to veterans. Covington brought this class action petition in partnership with the National Veterans Legal Services Program. The landmark petition challenged the inexcusable delays by the Veterans ...

June 14, 2019

LONDON—The American Lawyer and Legal Week have named Covington its Transatlantic Arbitration Team of the Year. The award focuses on a single case that involved significant lawyering on both sides of the Atlantic and that demonstrated excellence in legal expertise and innovation, project management skills, and teamwork. The publications recognized Covington for ...

June 14, 2019, Government Contracting Law Report

June 14, 2019, Law360

Karen Solomon is quoted in Law360 regarding the Conference of State Banking Supervisors’ push to knock down barriers to entry for small fintech companies. Ms. Solomon says, “CSBS, for example, has released a series of recommendations aimed at streamlining and simplifying the multiple state requirements that apply when nonbank firms conduct business across state ...

June 11, 2019, Global Investigations Review

Veronica Yepez is quoted extensively in Global Investigations Review from her panel session at the Latin Lawyer - GIR Live Anti-Corruption & Investigations conference in Mexico City. In discussing the legacy of the Brazilian “Car Wash” investigations, Ms. Yepez said that episode is driving cooperation in South America: “We are not only seeing close cooperation ...

June 10, 2019

WASHINGTON—Covington won a precedent-setting dispute before the U.S. Supreme Court on behalf of Return Mail, Inc. in a case that attracted significant attention in the patent field, particularly within industries that involve competition or collaboration with the federal government. The 6-3 ruling concludes a pivotal chapter in Return Mail’s 15-year, multi-forum ...

June 10, 2019, Law360

Beth Brinkmann is quoted in Law360 regarding Return Mail, Inc.’s Supreme Court victory. Ms. Brinkmann said in a statement that “the court’s decision confirms that federal agencies do not get an extra change to challenge privately held patents under AIA.”

June 7, 2019, Reuters

Laura Brookover is quoted in Reuters regarding recent developments of the Commodity Futures Trading Commission. Ms. Brookover says, “When you have a small agency and a small enforcement staff, you need to rely on deterrent effect and incentives.”

June 7, 2019, Law360

Anne Termine is quoted in Law360 regarding the SEC’s enforcement on fintech and cryptocurrency matters. Ms. Termine says, “From my perspective, having a no-fine case is a pretty big deal. And I think the SEC wanted to make pretty clear that it was a big deal that this was a self-report and that [the company was] recognizing the SEC jurisdiction, that they were ...

June 7, 2019, Law360

William Stern is quoted in Law360 regarding a Ninth Circuit decision on affirming a nationwide settlement in multidistrict litigation over Hyundai and Kia's misrepresentations about their vehicles' fuel efficiency. The decision “allows class actions, even nationwide classes, to be settled on a less stringent standard than litigated classes,” says Mr. Stern. He ...

June 6, 2019

This webinar discussed the importance of workplace culture and best practices to reduce the risk of a toxic work environment. Topics included the current landscape employers are facing, why culture in the workplace matters, warning signs of an unhealthy workplace culture, and the legislative response to the #MeToo movement.

June 6, 2019, Covington Alert

Last Friday (May 31, 2019), FDA hosted a public hearing on “Scientific Data and Information about Products Containing Cannabis or Cannabis-Derived Compounds.” The hearing followed FDA’s notice in the Federal Register on April 3, 2019, announcing the public hearing and establishing a public docket to obtain information related to cannabis and cannabis-derived ...

June 4, 2019, Global Investigations Review

Laura Brookover is quoted in Global Investigations Review regarding the U.S. Commodity Futures Trading Commission’s recently published notice advertising its whistleblower program for “foreign corrupt practices.” Ms. Brookover says the announcement serves as a “marketing tool”. The commission’s whistleblower provisions already extended to this type of conduct ...

June 4, 2019, Sky News

Francis Maude spoke with Sky News about the developments in trade relations between the U.S. and U.K. Mr. Maude says, “There are always going to be issues, but it is worth going for. Any increase in trade is for the benefit of everybody.”

June 4, 2019, Thomson Reuters

Mark Young participated in a Q&A with Thomson Reuters about the EU Cybersecurity Act and its new cybersecurity certification schemes for information and communication technology products, services, and processes, especially internet of things devices. The interview also discusses how the Act supports the EU Directive on the Security of Network and Information ...

June 3, 2019, Law360

Michael Nonaka is quoted in Law360 regarding the OCC and New York Department of Financial Services’ legal battle over how the fintech industry will be regulated. Mr. Nonaka says, “The litigation challenging the OCC's authority to issue a special purpose fintech charter certainly has delayed the process for nondepository fintech firms to apply and receive ...

June 3, 2019, The National Law Journal

Alexander Berengaut is quoted in The National Law Journal's feature on the firm's General Litigation Winner recognition. Discussing the firm's litigation challenging the rescission of the Deferred Action for Childhood Arrivals (DACA) program, Mr. Berengaut says Covington frequently litigates against the federal government in administrative law contests on behalf ...

June 3, 2019, The National Law Journal

June 3, 2019, The National Law Journal

June 2019, The Banking Law Journal

May 2019, Bloomberg Law

May 31, 2019, FCPA Professor

Laura Brookover appeared on FCPA Professor to discuss the CFTC's recent enforcement advisory concerning violations of the Commodity Exchange Act (CEA) involving foreign corrupt practices including the background of the CFTC and the CEA; why the CFTC may have issued the advisory; what type of conduct involving foreign corrupt practices could fall under the CEA; ...

May 31, 2019, Law360

Denise Esposito spoke with Law360 about hot topics involving over-the-counter medicines, drug prices, and next-generation products that blur the line between biologics and medical devices. She also predicted that new FDA Commissioner Ned Sharpless might revert to allowing directors of the agency's centers.  

May 30, 2019, National Defense

May 30, 2019, S&P Global

Muftiah McCartin is quoted in S&P Global regarding Congress’s push to make progress on legislation before the unofficial deadline of August. Ms. McCartin says, "These issues that are really tough issues, where you have Republicans and Democrats who are really trying to find a way forward, you will begin to see that break down once we get into a contentious ...

May 30, 2019, CNBC

Miriam Guggenheim spoke with CNBC about the increasing interest around CBD. Ms. Guggenheim says, “Interest continues to skyrocket. It is mainstream, interest is mainstream. It is not fringe anymore, which doesn’t mean mainstream companies are ready to jump in. But they want to be prepared to do so once the legal landscape is clarified.”

May 28, 2019

WASHINGTON—The National Law Journal has named Covington one of three Washington, D.C. Litigation Departments of the Year. The firm was also named Product Liability/Mass Torts Department of the Year.   With the largest litigation practice in Washington, Covington won a “string of victories” that “solidified the firm’s reputation as an inside-the-Beltway ...

May 25, 2019

WASHINGTON—Advised by Covington, Ukraine’s Ministry of Foreign Affairs secured a significant victory against the Russian Federation in a dispute arising under the U.N. Convention on the Law of the Sea. The International Tribunal for the Law of the Sea (“ITLOS”), a 21-judge international tribunal based in Hamburg, ordered Russia to release three Ukrainian naval ...

May 23, 2019

NEW YORK, May 23, 2019—Latinvex has selected Nicole Duclos, Mary Hernández, Ashley Sprague, and Veronica Yepez to its 2019 list of the “Top 100 Female Lawyers” at international law firms specializing in Latin America. Covington is among the top three law firms with the most women on the list. Ms. Duclos represents clients in international commercial and ...

May 23, 2019

WASHINGTON—Covington is representing Alion Science and Technology Corporation in a recently announced deal to sell its Naval Systems Business Unit to Serco Inc. for $225 million. The sale, subject to certain regulatory approvals, is expected to close in the second half of 2019. Headquartered in McLean, VA, Alion delivers advanced engineering, IT and, operational ...

May 22, 2019, The Oath

Philip Norman’s arrival was featured in The Oath. Both Mr. Norman and Bruce Wilson discuss the firm’s growing Dubai office.  

May 21, 2019

WASHINGTON—Covington advised Merck & Co., Inc., in its definitive agreement under which Merck, through a subsidiary, will acquire privately held Peloton Therapeutics, Inc. in exchange for an upfront payment of $1.05 billion in cash. In addition, Peloton shareholders will be eligible to receive a further $1.15 billion contingent upon successful achievement of ...

May 20, 2019, Bloomberg

May 20, 2019, Bloomberg Law

Randy Benjenk is quoted in Bloomberg Law regarding the Federal Reserve’s proposed rule to create room for investors to own more stock and occupy more board seats at banks. The rule could lead to an increase in stakeholder activism. According to Mr. Benjenk, the Fed can step in if an activist investor is going in a direction that regulators think poses a risk to ...

May 20, 2019

NEW YORK—Covington advised LifeArc, a UK-based medical research charity, on its monetization of a portion of its royalties relating to Keytruda® for $1.297 billion (approximately £1 billion). This royalty monetization is the largest single-product royalty monetization ever done by a non-profit. The transaction closed on May 10, 2019, the culmination of efforts ...

May 17, 2019, Covington Alert

The U.S. Department of Commerce yesterday issued a Final Rule adding Huawei Technologies Co., Ltd. (“Huawei”) and 68 non-U.S. Huawei affiliates to the Entity List maintained by the Commerce Department’s Bureau of Industry and Security (“BIS”). While the rule will not be published in the Federal Register until May 21, it was effective immediately upon release ...

May 17, 2019, Federal News Network

Scott Freling is quoted in Federal News Network regarding the House Armed Services Committee’s proposal to speed up the Department of Defense’s implementation of changes. Mr. Freling says, “The process for updating and refining the acquisition regulation to keep pace with Congress has slowed to a glacial pace. That causes quite a bit of consternation for ...

May 16, 2019, National Defense

May 16, 2019, Covington Alert

We are writing to provide an update on two important developments in U.S. national security-based regulation of trade: (1) a new, potentially expansive Executive Order on information and communications technology supply into the U.S. market, and (2) the Department of Commerce’s action to add Huawei to the Entity List.

May 16, 2019, Covington Alert

On May 13, 2019, the Supreme Court (“the Court”) announced its 5-4 decision in Apple, Inc. v. Pepper, permitting iPhone users to proceed with an antitrust suit against Apple alleging that it monopolized the retail market for iPhone apps.

May 16, 2019, The Washington Post

John Veroneau is quoted in The Washington Post regarding Presidential Trump’s decision to remove tariffs on industrial metals from Mexico and Canada. Mr. Veroneau says, “He thinks the government needs to be much more active in making decisions about cross-border trade flows, which is a departure from his predecessors.”  

May 15, 2019, Commercial Dispute Resolution

Mark Mosier spoke with Commercial Dispute Resolution about a Supreme Court case involving the Chevron deference, the amount of deference given to federal agencies by the federal courts in deciding legal challenges to ambiguous regulations. Mr. Mosier says “The question whether courts will defer to agency decisions is critical for any business regulated by the ...

May 14, 2019, Covington Alert

On May 13, days after increasing tariffs on $200 billion in Chinese imports, the U.S. Administration proposed imposing an additional 25 percent tariff on a new list of $300 billion in Chinese imports. The Administration cited China’s “failure to meaningfully address” problematic intellectual property (IP) practices and its retaliatory responses to U.S. tariffs ...

May 13, 2019

NEW YORK—Covington advised Bayer in a definitive agreement to sell its Coppertone™ business to Beiersdorf AG, a provider of skin care products, for $550 million. Bayer is a global enterprise with core competencies in the life science fields of health care and nutrition. Its products and services are designed to benefit people by supporting efforts to overcome ...

May 13, 2019, Law360

Michael Wagner spoke with Law360 about the Supreme Court’s ruling in Cochise Consultancy Inc. v. U.S., a case determining the statute of limitations in False Claim Act cases. Mr. Wagner says, "In theory, the Court's ruling could incentivize qui tam plaintiffs to wait years to bring their claims, in the hopes of allowing their potential recovery to increase. This ...

May 10, 2019, Covington Alert

On April 30, 2019, the U.S. Department of Justice (“DOJ”) Criminal Division released an updated version of the Evaluation of Corporate Compliance Programs (the “Guidance”), which serves as a reference for prosecutors in assessing corporate compliance programs in the context of DOJ investigations.

May 10, 2019, Legal Tribune Online

Legal Tribune Online covered Robert Henrici’s move to the firm in Frankfurt. Mythili Raman and Mr. Henrici discussed the firm’s growing White Collar Defense and Investigations Practice.

May 8, 2019, Covington Alert

May 8, 2019, Covington Alert

On May 8, the U.S. Administration confirmed its intent to increase tariffs on $200 billion in Chinese imports from 10 percent to 25 percent, effective Friday, May 10, 2019, and establish a process for requesting exclusions from these tariffs. As justification for these actions, the Administration cites the “lack of progress in discussions with China” and ...

May 8, 2019, HBW Insight

Miriam Guggenheim is quoted in HBW Insight regarding Congressional action to exclude hemp from the definition of “marijuana” in the Controlled Substances Act. Ms. Guggenheim says the change does not have a preemptive effect with states and creates confusion, even for some municipal governments. She adds, "The states have their own controlled substances laws and ...

May 8, 2019

LOS ANGELES—The Daily Journal has named Robyn Polashuk, Clara Shin, and Sonya Winner to its 2019 “Top Women Lawyers,” recognizing the “top women lawyers in California.” Ms. Polashuk co-chairs the firm's Communications and Media Industry Group and serves as managing partner of the firm’s Los Angeles office. Her practice focuses on the licensing and distribution ...

May 7, 2019

LOS ANGELES—For the second consecutive year, The National Law Journal has named Covington to its "Pro Bono Hot List." The 2019 special report recognizes the lawyers and law firms who "have used their legal expertise to take on some of the biggest issues of our time." In its profile of the firm, The National Law Journal highlights Covington's pro bono efforts, ...

May 7, 2019, The National Law Journal

Covington was named to The National Law Journal's "Pro Bono Hot List" for its representation of the City of Los Angeles to prevent the federal government from requiring assistance with immigration enforcement as a condition of grants. “Law firms can help close this gap, particularly in cases like these that require substantial expertise and resources,” said ...

May 7, 2019, Covington Alert

We are writing to provide an update on the current trends and operations of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”). Approximately nine months after the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) and six months into the Critical Technology Pilot Program (“the Pilot ...

May 6, 2019, CoinDesk

Anne Termine is quoted in CoinDesk regarding the U.S. Commodity Futures Trading Commission’s willingness to let an ether futures contract go to market. Ms. Termine says, “As such, the CFTC has limited regulatory oversight over cryptocurrency spot markets, namely the ability to take enforcement action whenever there is fraud or manipulation in these spot ...

May 6, 2019, Medtech Insight

Medtech Insight included Pamela Forrest's comments from FDAnews' 16th Annual Medical Device Quality Congress about medical device recalls from a product enhancement. Ms. Forrest said the key question companies should ask themselves is whether their action makes a safe device better or improves existing safety concerns. If the action improves a device's safety, ...

May 3, 2019, Covington Alert

On April 29, 2019, the Office of the Comptroller of the Currency (OCC) issued an Advance Notice of Proposed Rulemaking (ANPR) seeking comment on expansion of the term “fiduciary capacity” in part 9 and part 150 of the OCC’s regulations to include certain trust-related roles authorized under state law, potentially including roles that do not involve investment ...

May 2019, Government Contracting Law Report

May 2019, The Banking Law Journal

April 30, 2019, Covington Alert

For the better part of this decade, the U.S. Securities and Exchange Commission (the “SEC”) has been assessing and soliciting input on, and proposing and adopting changes to, the public company disclosure regime. A principal goal of this exercise has been to improve the quality of disclosure while reducing compliance costs and other burdens on public companies. ...

April 30, 2019, Covington Alert

Federal and state policymakers introduced a range of new measures on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the first quarter of 2019. In our initial AI & IoT Quarterly Legislative Update, we detail the notable legislative events from this quarter on AI, IoT, cybersecurity as it relates to AI and IoT, and connected and autonomous ...

April 25, 2019

WASHINGTON—Daniel Feldman has joined Covington’s Global Problem Solving group in Washington. A former Special Representative for Afghanistan and Pakistan at the U.S. Department of State, Ambassador Feldman was a principal advisor to Secretaries of State John Kerry and Hillary Rodham Clinton regarding Afghanistan, Pakistan, and broader South, Central, and East ...

April 25, 2019, Covington Alert

The Trump Administration has announced multiple U.S. sanctions measures over the past several weeks, further tightening the sanctions on Iran and imposing additional measures on Venezuela and its allies, Cuba and Nicaragua.

April 25, 2019, Bloomberg Law

Bloomberg Law highlighted Covington's Global Problem Solving team and the efforts of the lawyers who make the capability possible.   Sebastian Vos said the group doesn’t just work on problems for clients, but tries to use its resources to anticipate what problems could arise in the future and craft resolutions for them. “We help unlock a situation where a ...

April 23, 2019, Commercial Dispute Resolution

Commercial Dispute Resolution mentioned Covington as legal counsel to Naftogaz, Ukraine’s state-owned oil and gas company, advising the company in its victory over the Russian government that illegally expropriated the oil company’s assets in Crimea.   David Pinsky described it as “an important day” for the oil company, explaining: “Russia targeted Naftogaz’s ...

April 23, 2019, Law360

Muftiah McCartin is quoted in Law360 regarding federal lobbying efforts in the first quarter of 2019. Ms. McCartin says, “Democrats winning the House has translated into a busy quarter for our lobbying and public policy team across many different industries, including tech, defense, energy, financial services, food and drug, health care, workforce development, ...

April 23, 2019, Law360

Tim Hester is quoted in Law360 regarding the firm’s success in 2018. Mr. Hester believes the firm’s success is tied to the law firm's particular strategy, which he said sets it apart from the competition. The law firm offers a combination of substantive and regulatory expertise and a mix of high-end litigation, corporate, and investigations and white collar ...

April 22, 2019, The Hill

Muftiah McCartin is quoted in The Hill regarding the firm’s lobbying and policy efforts in the first quarter of 2019. She says, “Democrats winning the House has translated into a busy quarter for our lobbying and public policy team across many different industries, including tech, defense, energy, financial services, food and drug, healthcare, workforce ...

April 19, 2019, Covington Alert

On April 17, 2019, the Trump Administration announced that it would allow lawsuits to proceed against traffickers in property confiscated by the Cuban government. This decision, made pursuant to Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, or Helms-Burton Act (22 U.S.C. §§ 6082-6085), marks a sharp departure from the practice ...

April 18, 2019, Covington Alert

On April 8, 2019, the Board of Governors of the Federal Reserve System (the “Board”) approved a notice of proposed rulemaking (the “Resolution Plan Proposal” or the “Proposal”), issued jointly with the Federal Deposit Insurance Corporation (the “FDIC,” and together with the Board, the “Agencies”), that would revise the Agencies’ jointly issued resolution ...

April 17, 2019, China Business Review

April 17, 2019, Covington Alert

On April 8, 2019, the Board of Governors of the Federal Reserve System (“Board”) released two proposals to tailor and modify the applicability of enhanced prudential standards for foreign banking organizations (“FBOs”) and their U.S. intermediate holding companies (“IHCs”).

April 17, 2019, Bank Director

Rusty Conner is quoted in Bank Director regarding the potential succession of WSFS’s CEO. Mr. Conner says, “It’s picture perfect from the standpoint of how it should be handled.” He says that allows all essential parties the chance to prepare and make thoughtful decisions about the succession process. “It’s a combination of the board asking questions annually, ...

April 16, 2019, American Banker

April 16, 2019, Covington Alert

Consistent with our predictions over the past several months, congressional investigations have flourished in the first few months of the 116th Congress, outpacing the oversight activity of any other Congress in recent memory.

April 15, 2019, Law360

April 15, 2019

WASHINGTON—India Business Law Journal has named Ralph Voltmer to its “International A-list.” The list consists of the world’s top 100 India-focused lawyers at international law firms. Mr. Voltmer, chair of the firm’s India Practice, advises clients in cross-border transactions such as mergers and acquisitions, joint ventures, strategic alliances, and financings. ...

April 9, 2019, Law360

April 9, 2019

Covington partners Trisha Anderson, Robert Haney, and Dan Johnson hosted a webinar on the latest insights regarding trade secrets, including: Avoiding theft of trade secrets and other confidential information by employees, contractors and competitors; Litigation and/or other actions that should be taken when the secret may be out; ...

April 9, 2019, Bloomberg Law

Scott Kamholz spoke with Bloomberg Law about upcoming PTAB trials. Mr. Kamholz says, “What we have is a whole lot of new evidence coming in at the very end of the proceeding.” He said the PTAB is “doing its best” to balance competing demands in setting up a motion to amend the system, but petitioners now have “a relevant complaint” because of the compressed ...

April 9, 2019, Global Data Review

Trisha Anderson spoke with the Global Data Review about the U.S.’s encryption law and its role electronic communication. According to Ms. Anderson, authorities in the U.S. have only general legal tools to seek access to encrypted data. Some traditional U.S. investigative tools, issued through courts and codified in law enforcement procedures, contain general ...

April 9, 2019, Federal News Network

Scott Freling spoke with the Federal News Network regarding the DoD’s hesitation towards implementing acquisition reforms and possible cuts to some defense agencies. Mr. Freling says, “The process for updating and refining the acquisition regulation to keep pace with Congress has slowed to a glacial pace. That causes quite a bit of consternation for contractors ...

April 8, 2019

WASHINGTON—Seasoned private equity executive David M. Marchick has rejoined Covington in its Washington office. Mr. Marchick provides strategic counsel on complex issues at the intersection of law, policy, and reputational risk. He advises clients on their most challenging and significant strategic matters that involve C-Suite decision-making, drawing upon his ...

April 8, 2019, Covington Alert

The recent passage of the Justice Against Corruption on K Street Act of 2018 (“JACK Act” or the “Act”) imposes new requirements on those registering and filing reports under the Lobbying Disclosure Act (“LDA”).

April 5, 2019

WASHINGTON—Covington advised Elbit Systems of America, LLC, a subsidiary of Elbit Systems Ltd., in its definitive agreement with Harris Corporation for the acquisition of Harris' Night Vision business for a purchase price of $350 million. The closing of the transaction is subject to receipt of regulatory approvals. Elbit Systems Ltd. is an international high ...

April 5, 2019, Law360

Laura Brookover spoke with Law360 regarding a recent a spoofing case involving software executive, Jitesh Thakkar, on a charge of creating a program to manipulate the commodities market. Mr. Thakkar was acquitted midtrial, but prosecutors are still moving forward with charges of aiding and abetted a U.K.-based trader’s “flash crash” spoofing scheme.   Because ...

April 5, 2019, Law360

Julie Dohm was featured in Law360 regarding her move to Covington. Ms. Dohm, who joined Covington in March from the FDA, says, “I was excited about trying to get into private practice. I really want to work with people that are the pillars of food and drug law, and a number of those folks are at Covington.”

2019, American Bar Association

Our cross-disciplinary Internet of Things initiative contributed to the ABA's first book on IoT, The Internet of Things: Legal Issues, Policy, & Practical Strategies.   Laura Kim and Jennifer Johnson authored the chapter “U.S. Regulatory Framework for IoT,” with contributions from Sarah Wilson (product safety); Wade Ackerman, Elizabeth Guo, Christopher Hanson, ...

April 3, 2019, Covington Alert

In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”).  The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...

April 3, 2019, Covington Alert

On March 29, the U.S. Government Accountability Office (“GAO”) released the results of its annual report on compliance with the federal Lobbying Disclosure Act (“LDA”).

April 3, 2019, Covington Alert

In February 2019, the U.S. Department of Justice (“DOJ”) announced a settlement with Honda Aircraft Company LLC regarding claims that Honda Aircraft violated the Immigration and Nationality Act (“INA”) by discriminating against non-U.S. citizens in an attempt to comply with requirements of the International Traffic in Arms Regulations (“ITAR”) and the Export ...

April 3, 2019, Covington Alert

In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”). The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...

April 2, 2019

WASHINGTON—Covington has chosen Washington partner Brianne Bharkhda to be a member of The Leadership Council on Legal Diversity’s 2019 class of Fellows. Ms. Bharkhda will participate in programs designed to identify, train, and advance the next generation of leaders in the legal profession. Ms. Bharkhda is a litigator who represents a variety of clients in ...

April 2, 2019, National Defense

April 2, 2019, The Hill

Muftiah McCartin was featured in The Hill about her experience as a woman in big law lobbying.   She discusses what it’s like to be the only woman in the room sometimes, and shares, “Actually, that happened last week. It does happen, and this was a big meeting. I counted up, it was 17 people at the meeting and I was the only woman. The interesting thing about ...

April 1, 2019

WASHINGTON—Julie Dohm has joined Covington's Food, Drug, and Device practice in Washington. Dr. Dohm focuses on regulatory matters for pharmaceutical and biotechnology clients. She has handled cases on a wide range of regulatory topics such as preemption, drug promotion, drug shortage, import-export, exclusivity, and generic drug approval standards. Prior to ...

April 2019, Energy Law Report

April 2019, Pratt's Privacy & Cybersecurity Law Report

March 2019, The American Lawyer

The American Lawyer has recognized Covington in its 2019 Dealmakers of Year.

April 1, 2019, Law360

We secured an important win for Uber in a case involving an investor’s derivative lawsuit.

March 29, 2019, Global Data Review

March 28, 2019

NEW YORK—Covington has partnered with the Columbia Law School’s Center for International Commercial and Investment Arbitration to hold the fourth annual Covington Academy on International Arbitration (CAIA). A team of Covington partners and associates from New York, Washington, and London will participate in this year’s program, which is open to Columbia’s J.D., ...

March 28, 2019

WASHINGTON—The Human Rights Campaign Foundation (HRC) has awarded Covington a perfect score of 100 percent for the eleventh consecutive year on its Corporate Equality Index (CEI), a national benchmarking survey and report on corporate policies and practices related to LGBTQ workplace equality. Covington is among 571 major U.S. businesses that earned a perfect ...

March 28, 2019, Covington Alert

On March 25, 2019, the U.S. Court of International Trade (“CIT”) denied a constitutional challenge to Section 232 of the Trade Expansion Act of 1962, thereby upholding the steel and aluminum tariffs that President Donald Trump imposed in March 2018 on the basis of national security concerns.

March 27, 2019, Covington Alert

On March 12, 2019, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the U.S. Department of Commerce’s (“Commerce”) determination that solar panels assembled in China from non-Chinese cells were subject to antidumping (AD) and countervailing duties (CVD).

March 27, 2019

WASHINGTON—The American Lawyer has recognized Covington among its 2019 “Dealmakers of the Year.” The annual feature highlights “the lawyers behind the most significant work” in deal making, and this marks the second time the firm has received this distinction in the last three years. In March 2018, Covington helped Qualcomm, Inc. secure a U.S. Presidential ...

March 26, 2019, Global Investigations Review

March 26, 2019, Legaltech News

Sarah Wilson spoke with Legaltech News about the legal liability of autonomous cars. Ms. Wilson says, “It’ll be a more complicated liability analysis when a car is fully autonomous and there is an accident, because you’ll have to figure out who is all at fault, or which system is at fault [or] if it’s [the] hardware or software.”

March 26, 2019, Risk

Anne Termine is quoted in Risk regarding U.S. margin rules in the event of Brexit. To ensure continued access to the full range of services, EU-based swaps counterparties may wish to move their contracts to affiliates outside of the UK, says Ms. Termine. Swaps dealers may need to move their swaps, for example, to the EU from a UK platform because there is no ...

March 25, 2019, Law360

Covington successfully represented Chase Bank USA, N.A. in a case involving misleading credit reports.

March 19, 2019, Law360

March 18, 2019, The National Law Journal

Brian Smith spoke with The National Law Journal about preparing clients for white collar and congressional investigation hearings. Mr. Smith says, “You have to anticipate everything—anything that a member of Congress or the staff preparing a member of Congress can find. That’s all fair game. You have to be ready for it. You should be ready for it.”

March 14, 2019, Covington Alert

Acting at the direction of President Trump, the EPA on March 12 proposed major revisions to regulations governing one of the premiere environmental commodities markets: the trading of fuel credits known as Renewable Identification Numbers (RINs) under EPA’s Renewable Fuel Standard (RFS) Program.

March 14, 2019, Covington Alert

This alert is part of a series of alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.

March 13, 2019, Covington Alert

On March 6, 2019, the Financial Stability Oversight Council (“FSOC”) voted unanimously to issue proposed interpretive guidance (“Proposed Guidance”) that would significantly change its approach to designating nonbank financial companies that pose a risk to the financial stability of the United States (“nonbank SIFIs”) for supervision and prudential regulation by ...

March 12, 2019, Law.com

Laura Brookover spoke with Law.com regarding Commodity Futures Trading Commission’s announcement that it will be on the lookout for bribery intended to secure business related to trading, advising, or dealing in swaps or derivatives. Ms. Brookover says, “We’ve already seen that this director is keen to work with other agencies and coordinate with other agencies ...

March 11, 2019, Covington Alert

Covington issued several client alerts in recent years warning of a rising tide of enforcement of the once-obscure Foreign Agents Registration Act of 1938 (“FARA”). Signs of this trend emerged long before the recent, high-profile Special Counsel’s Office investigation.

March 11, 2019, Bloomberg Law

Laura Brookover is quoted in Bloomberg Law regarding the CFTC’s promise of no-penalty enforcement action on foreign bribery violations. Ms. Brookover says, “I think that may be the central challenge for the CFTC in rolling out this program: making sure the advisory reaches its intended audience.” Foreign companies who learn about the guidance will then have to ...

March 11, 2019, Covington Alert

This alert summarizes the major antitrust/competition developments in 2018 and offers a view on what to expect in 2019 in the U.S., EU and China.

March 8, 2019, Law360

Laura Brookover is quoted in Law360 regarding Commodity Futures Trading Commission’s announcement that it will begin prosecuting corruption. She says, “This is sort of an unpredictable development, but also unsurprising because I think under his leadership we’ve seen a renewed focus on policing the integrity of the markets under CFTC jurisdiction.”     

March 7, 2019, Law360

March 5, 2019, Covington Alert

On March 4, 2019, the Trump administration announced that it would allow some lawsuits to proceed against traffickers in property confiscated by the Cuban government. This decision, made pursuant to Title III of the Helms-Burton Act, was a sharp departure from the practice of previous presidential administrations. This Client Alert will provide background ...

March 1, 2019

WASHINGTON—Covington secured a major victory on behalf of Ukraine’s state-owned oil and gas company, NJSC Naftogaz of Ukraine, in an international arbitration against the Russian Federation. A tribunal sitting at the Permanent Court of Arbitration, in The Hague, concluded that Russia unlawfully expropriated Naftogaz’s assets in Crimea, in violation of Russia’s ...

Febraury 28-March 2, 2019, 2019 Insurance Coverage Litigation Committee CLE Seminar, Tucson, AZ

March 1, 2019, Covington Alert

Selections of Covington’s Intellectual Property Rights Practice Group for the “Top Ten” most significant and interesting developments in U.S. and European copyright law during 2018.

March 1, 2019, Covington Alert

Selections of Covington’s Intellectual Property Rights Group for the “Top Ten” most significant and interesting developments in U.S. trademark, false advertising, and right of publicity law during 2018.

Spring 2019, PLI Current: The Journal of PLI Press

March 2019, IAA Newsletter

March 1, 2019

WASHINGTON—The National Law Journal has named Covington's Shara Aranoff to its list of "Intellectual Property Trailblazers." This list profiles the top 27 lawyers nationwide who have moved the needle in copyright, trademark, patent, and trade secrets law. Ms. Aranoff helps clients in technology, life sciences, and manufacturing use intellectual property and ...

February 27, 2019

The webinar covered such topics as federal regulations affecting connected and automated vehicles (CAVs), with a focus on NHTSA, the FAA, the FCC, and CFIUS review; where Congress stands on CAV legislation, including the AV START Act, the SELF-DRIVE Act, and infrastructure legislation; state-level legislative, regulatory, and policy developments, with a closer ...

February 27, 2019, Covington Advisory

On February 26, 2019, the Public Company Accounting Oversight Board (“PCAOB”) for the first time issued disciplinary orders against auditors that protected the identity of the auditors’ client. In the past, the PCAOB had a practice of identifying the audit client by name in disciplinary orders if the matter involved violations of auditing standards by the ...

February 25, 2019, Westlaw Journal Government Contract

Q1 2019, Covington Alert

It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...

Winter 2019, Covington Alert

It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...

February 25, 2019, Covington Alert

On February 19, 2019, the Securities and Exchange Commission (the “SEC”) proposed a new rule under the Securities Act of 1933 (the “Securities Act”) that would expand issuers’ ability to gauge potential investor interest in registered securities offerings.

February 22, 2019, Law360

February 22, 2019, Covington Alert

Yesterday, FDA issued a much anticipated updated proposed rule on regulatory requirements for over the counter (OTC) sunscreen products. The proposed rule, if finalized, would require significant formulation changes in a number of marketed products that contain sunscreens, including both “beach products” and “cosmetic drugs.”

February 21, 2019

WASHINGTON—Covington advised the Chicago Cubs and Northside Entertainment Holdings, LLC in the formation of a joint venture with Sinclair Broadcast Group that will own and operate Marquee Sports Network, a regional sports network based in Chicago. Marquee Sports Network will be the exclusive network of the Chicago Cubs beginning with the 2020 Major League ...

February 21, 2019, Law360

Gary Guzy is quoted in Law360 regarding the Administration’s negotiations with California regarding a proposal to roll back greenhouse gas emissions standards for automobiles. According to Mr. Guzy, if the EPA finalizes an emissions rule along the lines of what it proposed, legal challenges will likely target the agency’s basis for departing from the previous ...

February 20, 2019, Washington Post

Gary Guzy spoke with the Washington Post about California’s negotiations with the Administration over vehicle fuel-efficiency standards. Mr. Guzy says, “It is tempting to see this feud as just another in a series of squabbles between the administration and California. However, the state’s independent regulatory authority to set more stringent fuel-efficiency ...

February 19, 2019, Covington Alert

Late last week, President Trump signed an appropriations bill to keep the government funded. In its Joint Explanatory Statement accompanying this legislation, Congress directed the Trump Administration to establish an exclusion request process for tariffs on $200 billion in Chinese imports by March 17, 2019, in line with the process provided for prior rounds of ...

February 19, 2019, Covington Comment Letter

February 19, 2019, Covington Comment Letter

February 19, 2019, Covington Comment Letter

February 11, 2019, Bloomberg Daybreak: Asia

John Veroneau discussed the U.S.-China trade negotiations and what would be needed to make a deal. He speaks on Bloomberg Daybreak: Asia. Regarding a delay in U.S. imposed tariffs on China, he says, “I don’t think it’s inevitable, but I think it’s likely.”

February 11, 2019, Covington Advisory

The Federal Election Commission has announced contribution limits for 2019-2020. The new “per election” limits are effective for the 2019-2020 election cycle (November 7, 2018 – November 3, 2020), and the calendar year limits are effective January 1, 2019.

February 11, 2019, Law360

Rusty Conner spoke with Law360 about the BB&T-SunTrust merger. He says, “It is a more favorable regulatory environment in which two institutions of that size could obtain regulatory approval to merge, but it’s the underlying business reasons for doing the transaction that I’m certain drove the CEOs to get together and the boards to approve the deal. You don’t do ...

February 7, 2019

NEW YORK—Latinvex has named Covington partners Nicole Duclos, Rubén Kraiem, Miguel López Forastier, and Gabriel Mesa among “Latin America’s Top 100 Lawyers” in 2019. Ms. Duclos represents clients in international commercial and investment arbitration, as well as transnational litigation. Clients interviewed by Latinvex praised Ms. Duclos’ extensive arbitration ...

February 7, 2019, African Law & Business

February 7, 2019, The Hill

The Hill interviewed Rob Kelner about his experience helping clients deal with congressional investigations. Mr. Kelner says, “In my 20 years here at Covington, I don’t think we have ever been as busy with congressional investigations matters as we are right now. That trend began before the Democrats took control of the House and it has certainly accelerated ...

February 6, 2019, Covington Alert

On January 25, 2019, the Texas Supreme Court decided the latest insurance appeal arising from the explosion of the Deepwater Horizon drilling rig and blowout of the Macondo Well on April 20, 2010.

February 6, 2019, Covington Alert

The National Institute of Standards and Technology (“NIST”) is seeking comments on its draft project on securing sensor networks for the Internet of Things (“IoT”). Organizations and individuals concerned with the security of IoT sensor networks are invited to comment on the draft through March 18, 2019.

February 6, 2019, Briefing Call

Following the recent surge in Foreign Agents Registration Act (FARA) enforcement by the U.S. Department of Justice, Robert Kelner and Brian Smith held a briefing call to discuss the updates on FARA, which included: an overview of FARA registration, reporting, and compliance requirements; discussion of key, recently released DOJ FARA advisory opinions ...

February 6, 2019, Global Data Review

Trisha Anderson is quoted in Global Data Review regarding developments in cryptography. Ms. Anderson says that though the report “sounds a gloomy note,” she is optimistic that cryptography will keep pace with developments in quantum computing. She adds that we have to “assume that adversaries are collecting encrypted data that they could decrypt in the future. ...

February 4, 2019, American Banker

February 4, 2019, Covington Alert

With potential liabilities in excess of $30 billion stemming from a series of deadly wildfires that ignited across Northern California in 2017 and 2018, Pacific Gas and Electric Company and its holding company PG&E Corp. (PG&E) filed for Chapter 11 relief in the United States Bankruptcy Court for the Northern District of California on Tuesday.

February 4, 2019, American Bar Association's 33rd Annual National Institute on White Collar Crime

February 4, 2019, Federal News Network

Susan Cassidy is quoted in Federal News Network regarding the Department of Defense’s tightening of cybersecurity enforcement regulations on contractors.   Ms. Cassidy says, “DoD wants to get everyone to a certain cybersecurity level. Now they are tightening up and they are going to make it a performance and award differentiator.” She said before an award, ...

February 4, 2019, Law360

Law360 covered Kevin Otero’s move to the firm as a partner in our tax practice group. Mr. Otero will represent large corporations and individuals before the IRS. He also will advise and represent clients before the U.S. Tax Court, U.S. Court of Federal Claims, and federal district and appellate courts across the country. He says, “There’s been a lot of ...

February 1, 2019

NEW YORK—Kevin Otero has joined Covington's Tax Practice Group as a partner in New York. Mr. Otero advises clients on all aspects of tax controversy matters including audits, administrative appeals, transfer pricing controversies, and tax litigation. He also has extensive experience advising clients on technical tax risk management, strategic audit and ...

February 1, 2019, Covington Alert

The Department of Health and Human Services (HHS) Office of Inspector General (OIG) released a new rule yesterday proposing to revise the Anti-Kickback Statute safe harbor at 42 C.F.R. § 1001.952(h) to explicitly exclude manufacturer rebates and other price reductions on prescription drugs paid to Part D plans, Medicaid managed care organizations (MCOs), or ...

February 2019, Covington Alert

This International Employment Update summarises recent international employment law developments in China, France, Germany, Russia, the United Kingdom and the United States.

February 2019, Privacy Laws & Business International Report

January-February 2019, The Journal of Robotics, Artificial Intelligence & Law

January 31, 2019, Covington Alert

This e-alert reviews trends emerging from warning letters and untitled letters concerning therapeutic product advertising and promotion issued in 2018 by the Office of Prescription Drug Promotion (OPDP) of the Center for Drug Evaluation and Research (CDER), the Advertising and Promotional Labeling Branch (APLB) in the Office of Compliance and Biologics Quality ...

January 31, 2019, African Law & Business

Witney Schneidman is quoted in African Law & Business regarding the arrival of Jay Ireland to the firm. Mr. Schneidman says, “For the last eight years Jay has been one of the top business leaders on the continent. He has a keen understanding of how business and policy intersect and how business can positively affect the development priorities of African nations.”

January 31, 2019, SiriusXM

Lanny Breuer appeared on The Dan Abrams show to discuss recent political developments around Special Counsel Robert Mueller’s investigation. He says, “What we know is that this campaign showed a remarkable disregard for distancing itself from those who were trying to sabotage the election.”

January 29, 2019, Covington Alert

January 28, 2019, Covington Alert

The past few weeks have been chaotic for both Brexit negotiations and UK politics overall. On January 15, 2019, British Prime Minister Theresa May’s Brexit plan succumbed to historic defeat in Parliament.

January 24, 2019, Law360

Sturgis Sobin is quoted in Law360 regarding the government shutdown’s effect on U.S. International Trade Commission cases. Mr. Sobin says, “It’s unfortunate for a complainant that has worked hard to keep its case moving forward and came to the ITC because of the speed of the process, but it is the reality that we are looking at right now.” He adds, Overall, for ...

January 23, 2019

WASHINGTON—Samantha Clark has joined Covington in its Public Policy, CFIUS, and Government Contracts practices in Washington. Ms. Clark’s arrival follows the recent additions of former U.S. Senator Jon Kyl and Broderick Johnson to the firm’s Public Policy practice. Ms. Clark provides advisory and advocacy support to clients facing policy, political, and ...

January 22, 2019, Law360

January 18, 2019, Law360

Sarah Wilson is quoted in Law360 regarding the safety risks for companies during the government shutdown. Ms. Wilson said companies should still be vigilant about checking consumer and retailer complaints to evaluate whether they raise safety issues. She adds they should also be taking a look at their programs for reviewing complaints and not see the shutdown as ...

January 16, 2019, Covington Alert

On December 26, 2018, the U.S. Securities and Exchange Commission ("SEC") settled an enforcement action against Centrais Eléctricas Brasileiras S.A. ("Eletrobras"), an electric utilities holding company majority-owned and controlled by the Brazilian government.

January 16, 2019, Project Finance International

January 15, 2019, Beat DC

The Beat DC covered Broderick Johnson’s move to Covington’s Public Policy practice. Mr. Johnson shared, “With the Democratic party assuming control of the House, companies across a spectrum of industries will face new challenges advocating for their legislative agendas and responding to congressional inquiries. Covington is well positioned to represent those ...

January 15, 2019, Bloomberg Law

Anne Termine is quoted in Bloomberg Law regarding the Commodity Futures Trading Commission’s enforcement of cryptocurrency coming to a halt with the government shutdown. Ms. Termine says, “It’s an agency working at 10,000 feet right now.” She adds that an extended shutdown could impact the agency’s preparation for oral arguments. “In litigation, March is around ...

January 14, 2019, Covington Alert

In the wake of destructive cyber incidents over the past few years, the insurance industry and its regulators have focused more attention on so-called “silent cyber” exposures in traditional property/casualty insurance policy forms and started taking steps to reduce or specifically address those exposures. We explain here what “silent cyber” means, and what the ...

January 14, 2019

The Concurrences Antitrust Writing Awards 2019 Editorial Committee has nominated three articles authored by Covington lawyers to its shortlist. We encourage you to share your opinion on our nominated articles: Compliance Plus? Proposed Fine Reductions for Audited, Strengthened Compliance Programmes by Kevin Coates and Andrea Zulli. Data, Innovation, and ...

January 14, 2019, Agenda

Reid Hooper is quoted in Agenda regarding the SEC’s current shareholder proposal rules. Mr. Hooper says, “These costs include the opportunity costs to boards, management and in-house staff to understand and analyze each of the issues of the proposals. That [time] could be better utilized managing the business and engaging directly with shareholders.”

January 14, 2019, Law360

Law360 covered Karen Solomon’s move to Covington from The Office of the Comptroller of the Currency. Ms Solomon, who served as the OCC’s acting senior deputy comptroller and chief, counsel, told Law360 that she’s happy to be working in the private sector after an entire career spent in the government.   “It seemed like the right time to try something different,” ...

January 14, 2019

WASHINGTON—Law360 has named Covington as one of its 2018 “Firms of the Year” for earning seven Practice Group of the Year awards. The Covington practices named 2018 Practice Groups of the Year are: Banking Government Contracts Insurance International Trade Product Liability Sports  White Collar "We have followed a ...

January 13, 2019, Law360

January 11, 2019, Reuters

David Martin is quoted in Reuters regarding the partial U.S. government shutdown’s effect on corporate executives’ decisions on proxies. Mr. Martin said corporate clients are already calling with questions and the pace will ramp up as deadlines loom to mail out proxies. He says, “A lot of the public companies are beginning to wonder about this and worry about ...

January 9, 2019

WASHINGTON—Karen Solomon has joined Covington's Financial Services Group in Washington. Before joining Covington, Ms. Solomon served as the Acting Senior Deputy Comptroller and Chief Counsel at the Office of the Comptroller of the Currency (OCC). In that role and in her prior role as Deputy Chief Counsel, Ms. Solomon’s work included developing and drafting ...

January 9, 2019, Covington Alert

On January 2 of this year, former House Ways & Means Chairman Kevin Brady (R-TX) introduced the Tax Technical and Clerical Corrections Act. It contains technical corrections to existing tax law, many of which relate to Public Law 115–97, also known as the Tax Cuts and Jobs Act (TCJA) of 2017. Mr. Brady introduced this measure as a discussion draft and has ...

January 9, 2019, Covington Alert

The ongoing partial government shutdown has halted most operations of the agencies regulating product safety, including the Consumer Product Safety Commission (“CPSC”), the National Highway Traffic Safety Administration (“NHTSA”), and the Environmental Protection Agency (“EPA”). With these agencies left without funding, businesses and consumers face significant ...

January 8, 2019, Law360

January 8, 2019, Covington Alert

Under the Resource Conservation and Recovery Act (“RCRA”), waste deemed “hazardous waste” is subject to onerous regulatory requirements, including: a 90-day storage limitation, shipment to a RCRA-permitted facility for disposal, and tracking from generation to disposal via a manifest system.

January 7, 2019

WASHINGTON—Broderick D. Johnson has joined Covington in its Public Policy practice in Washington. Mr. Johnson is a public policy and political strategist with more than three decades of leadership at the highest levels of government and the legal profession. He provides strategic leadership advice and counsel to clients on legislative, regulatory, legal, and ...

January 7, 2019

WASHINGTON—Former U.S. Senator Jon Kyl has re-joined Covington in its Public Policy practice. Senator Kyl will focus on matters of policy and strategy for the firm’s clients. “We are extremely proud of Jon’s service to the country and the people of Arizona and delighted that he has rejoined us,” said Timothy Hester, Covington’s chair. “Given his profile and ...

January 7, 2019, Covington Alert

On December 18, 2018, the Securities and Exchange Commission (the “SEC”) announced that it had adopted final rules1 implementing a provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) requiring public companies to make certain disclosures regarding their hedging policies and practices.

January 4, 2019, Covington Alert

The ongoing partial government shutdown has halted most operations of the Consumer Product Safety Commission (“CPSC”) and National Highway Traffic Safety Administration (“NHTSA”), the two federal safety regulators of consumer products and motor vehicles and motor vehicle equipment, respectively. With both major U.S. product safety regulators left without ...

January 2, 2019, Covington Alert

The past year was a particularly significant one for the development of Chinese privacy law. During 2018, the Chinese government systematically established the country’s regulatory requirements for cybersecurity and data privacy and continued to implement the Cybersecurity Law, which took effect on June 1, 2017.

2019, The Internet of Things - Legal Issues, Policy, and Practical Strategies

2019, ABI Law Review

December 27, 2018, Bloomberg Law

Eric Mogilnicki is quoted in Bloomberg Law regarding the Consumer Financial Protection Bureau’s future under newly appointed director, Kathy Kraninger. According to Mr. Mogilnicki, Kraninger may look to ratchet back tensions with congressional Democrats by bringing enforcement actions against clear bad actors. Potential targets include lenders that prey on ...

December 26, 2018, Bloomberg Law

Michael Nonaka is quoted Bloomberg Law regarding the Office of the Comptroller of the Currency’s 2019 revamped rules for banks’ community investments. Mr. Nonaka says, “It’ll be interesting to see what the next step is in the rulemaking process, and that will reveal whether there are these differences.” He said the agencies are likely to come together on some ...

December 21, 2018, Covington Alert

Today, USDA published its long-awaited final rule that establishes the requirements for disclosing bioengineered (BE) foods.1 This alert briefly summarizes the final definition of BE food, the foods that are subject to the BE disclosure, the required BE disclosures, the recordkeeping requirements, and the rule’s implementation and compliance dates.

December 20, 2018, Covington Alert

On December 18, 2018, the Federal Deposit Insurance Corporation (FDIC) issued an Advance Notice of Proposed Rulemaking (ANPR) seeking comment on the regulatory approach to brokered deposits and the interest rate caps applicable to banks that are less than well capitalized. The FDIC for some time has been exploring the extent to which the current regulatory ...

December 14, 2018

WASHINGTON—Covington advised Merck & Co., Inc. on its acquisition of Antelliq Group for approximately €2.1 billion ($2.4 billion) plus the assumption of €1.15 billion of debt. Antelliq will be wholly owned and separately operated subsidiary within the Merck Animal Health Division. Antelliq is an animal intelligence group focused on animal identification, ...

December 14, 2018

LONDON— Global Arbitration Review and Who’s Who Legal: Arbitration have recognized Covington’s International Arbitration Practice Group in its 2019 report. The publication named Covington partners Nicole Duclos and Jeremy Wilson as “Future Leaders,” a ranking of “the most eminent lawyers in the field under 45,” and recognized Miguel López Forastier and Stephen ...

December 13, 2018, Covington Alert

Despite its deregulatory efforts in other areas, the Trump administration continues to enforce pesticide laws rigorously as part of its stated goal of returning EPA to its “core mission.” EPA is acting pursuant to its authority under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. § 136 et seq., under which EPA regulates the ...

December 13, 2018, Covington Alert

On December 12, 2018, the House passed H.R. 2, the Agricultural Improvement Act of 2018 (“the Farm Bill”). The vote follows the Senate’s passage of the bill on December 11, 2018. If President Trump signs the bill, it would change the regulatory status of hemp and hemp products.

December 13, 2018, Covington Alert

The first EU-level rules on the screening of foreign direct investment (FDI) are about to be agreed. These do not provide for the direct screening of FDI by the institutions of the Union, but rather create a framework for national initiatives and the exchange of information, and impose certain obligations on Member States to ensure a certain harmonization of any ...

December 13, 2018

WASHINGTON—The Hill has named Covington’s Howard Berman, Holly Fechner, Muftiah McCartin, and Bill Wichterman to its annual “Top Lobbyists” list. The list recognizes the most distinguished and accomplished professionals from the influence world who are on the front lines of the nation’s most consequential political and policy battles. First elected to Congress ...

December 12, 2018

WASHINGTON—Law360 has named four Covington partners as MVPs in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...

December 10, 2018, Covington Alert

On December 7, 2018, the Federal Circuit issued two highly-anticipated decisions clarifying the application of the obviousness-type double patenting doctrine: Novartis AG v. Ezra Ventures LLC (patent term extension ("PTE")), and Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc. (pre-Uruguay Round Agreements Act ("URAA") versus post-URAA ...

December 7, 2018

WASHINGTON—The American Lawyer has recognized Covington partner Eric Holder in its 2018 “Lifetime Achiever” series, which honors lawyers who have reached the highest levels of the public and private spheres—and left an indelible mark every step of the way. The article highlights Mr. Holder’s legal career and his “desire to make America more fair and equal.” Mr. ...

December 7, 2018, Law360

Terrell McSweeny is quoted in Law360 regarding being named a distinguished fellow at Georgetown Law's Institute for Technology Law & Policy. Ms. McSweeny says, "I am thrilled to join the important discussion on technology law and policy at the Institute. As an alum, I am looking forward to contributing to the excellent work Georgetown Law School [is] doing ...

December 6, 2018, Covington Alert

The U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) recently announced efforts to reduce emissions from heavy-duty trucks and engines.

December 5, 2018, Covington Alert

Earlier this year Congress passed and President Trump signed the Foreign Investment Risk Review Modernization Act (“FIRRMA”), transformational legislation reforming the operations of the Committee on Foreign Investment in the United States (“CFIUS”).

December 3, 2018, Covington Alert

On December 1, during a working dinner meeting in Buenos Aires following the G20 Summit, U.S. President Donald J. Trump and Chinese President Xi Jinping agreed to temporarily ease trade tensions as both sides continue negotiating over longer-term solutions to U.S. concerns about bilateral economic relations.

December 3, 2018, Law360

December 2018, WorldECR

December 2018, Covington Alert

FinTech refers to the use of new and emerging technologies in the financial services industry to improve the delivery of financial services to customers, and includes innovations such as cryptocurrencies and open banking. Recent years have ushered in the use of several key technologies in the FinTech landscape, including artificial intelligence, data analytics, ...

Winter 2018, Lexis Practice Advisor

December 1, 2018, Practical Law

This chapter provides a comprehensive overview on fintech regulation in the United States as part of a global fintech guide published by Thomson Reuters. Reproduced from Practical Law with the permission of the publishers. For further information, visit www.practicallaw.com.

November 30, 2018, Global Data Review

Trisha Anderson is quoted in Global Data Review regarding cyber and ransomware attacks. Ms. Anderson said that while the use of technologies like Tor and Bitcoin pose challenges to law enforcement by “raising the level of investigative effort and sophistication required to identify and locate cyber criminals,” the indictment in the SamSam Ransomware cyberattacks ...

November 29, 2018, American Banker

Michael Nonaka is quoted in the American Banker regarding how banks focused on improving their technology have shown a propensity to quickly enter into fintech partnerships. Mr. Nonaka says, “One of the most interesting developments is now small and large banks have gotten to the point where these partnerships are just business as usual. There is a lot more ...

November 28, 2018, Federal News Network

Scott Freling is quoted in Federal News Network regarding the implementation of 2017 Department of Defense legislation. Mr. Freling says, “The process for updating and refining the acquisition regulation to keep pace with Congress has slowed to a glacial pace. That causes quite a bit of consternation for contractors we work with where there’s changes that ...

November 21, 2018, International Financial Law Review

Randy Benjenk is quoted in International Financial Law Review regarding the Federal Reserve’s recent proposals to the financial system. He says, “By narrowing the application of the advanced approaches to just the biggest banks, it could give the agencies a little bit more freedom to do things like implement Basel IV standards, because there are fewer banks to ...

November 20, 2018, Covington Alert

On November 19, 2018, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) released an Advance Notice of Proposed Rulemaking (“ANPRM”) requesting public comment on the criteria to identify emerging technologies essential to U.S. national security. The comments will inform the interagency process that was authorized under the Export Control ...

November 20, 2018, Covington Alert

This e-alert is part of a series of e-alerts summarizing publicly available U.S. Food and Drug Administration (FDA) enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.

November 20, 2018

WASHINGTON—Covington has helped achieve a legislative victory to advance pro-innovation policies and to further study issues of underrepresentation in inventing by women, persons of color, and veterans when Congress enacted H.R. 6758, the Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act into law, which the President has now ...

November 16, 2018, Covington Alert

As more companies recognize the value of enhanced sustainability reporting and publicize the positive environmental features of their products and services, they should also be attentive to greater public scrutiny of “green” claims.

November 16, 2018, Law360

November 16, 2018, Agenda

Reid Hooper is quoted in Agenda regarding the Corporate Governance Fairness Act, a bill that would require proxy advisory firms to register under the Investment Advisers Act of 1940, would give the SEC examination authority over the firms, and would provide a basis for future rulemaking. Mr. Hooper says the proposed bill would be aimed at “improving transparency ...

November 16, 2018, Law360

Jean Veta is quoted in Law360 regarding state Attorney General election results and the impact on investigations and enforcement activity on banks. Ms. Veta says, “While banks may feel some effects of the blue wave, I don’t look for banks to be swamped by that wave.”   But in the current strong economic environment, she said she doesn’t see comparable scope for ...

November 15, 2018, Law360

November 15, 2018

WASHINGTON—Covington's patent litigation team successfully petitioned the U.S. Supreme Court to hear a case on behalf of its client, Return Mail, Inc., which saw its patent on a system for handling undeliverable mail invalidated in 2015 after the U.S. Postal Service petitioned for Covered Business Method Review. The case, which will involve interpretation of ...

November 14, 2018, Washington Post

John Veroneau is quoted in the Washington Post regarding the Administration’s use of potential tariffs on imported vehicles as threats in trade negotiations. Veroneau says, “The administration may view the threat of tariffs as more potent than actually imposing them. Unlike tariffs on intermediate goods, tariffs on autos will be very visible to consumers from ...

November 13, 2018, Washington Post

Mark Lynch is quoted in the Washington Post about his representation of Robert Sherrill, a journalist who successfully sued the White House to re-obtain his press credential in 1977. Mr. Lynch said that the critical finding in Sherrill v. Knight was, given the  "important First Amendment rights implicated by refusal to grant White House press passes to bona fide ...

November 13, 2018, CNBC

Robert Kelner is quoted in CNBC regarding Democrats plans to scrutinize publicly-traded and consumer-facing companies more closely. Mr. Kelner said Democrats have sent roughly 100 letters during the past two years to companies in four main sectors: pharmaceuticals, tech, energy and financial services. He has told clients, “Prepare, prepare, prepare. Don't wait ...

November 13, 2018

WASHINGTON—Forbes has named Covington’s Lauren Moxley to its “30 Under 30” list for law and policy. This annual recognition honors 30 people under 30 who are “the new frontier of politicians, legal entrepreneurs and attorneys.” Ms. Moxley represents clients in privacy matters, with a focus on electronic surveillance and law enforcement access. She was part of ...

November 12, 2018

WASHINGTON—The National Veterans Legal Services Program has presented Covington with its “Pro Bono Partner of the Year Award.” The award recognizes the firm’s extraordinary legal service provided to veterans. For over 14 years, Covington has partnered with NVLSP, working to address systemic and individual issues that affect the lives of veterans and their ...

November 12, 2018

WASHINGTON—Covington is advising private equity firm Veritas Capital on healthcare and other regulatory aspects of its recently announced deal to acquire athenahealth for approximately $5.7 billion. athenahealth is a leading provider of network-enabled services for hospital and ambulatory customers nationwide. Rujul Desai and Ian Brekke are leading the Covington ...

November 2018, Pratt's Energy Law Report

November 9, 2018, Bloomberg

Robert Kelner is quoted by Bloomberg about how law firms are preparing clients for a potential increase in congressional investigations now that Democrats have assumed the majority in the House of Representatives. Mr. Kelner said, “A congressional investigation is like a nine-alarm fire, and really essentially brings the company to a stop until the crisis has ...

November 9, 2018

Marney Cheek has been nominated to serve on the American Society of International Law's Executive Council. The American Society of International Law is dedicated to the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice.

November 9, 2018

NEW YORK—Latinvex has named Covington among the top ten international law firms doing work in Latin America. In addition to this honor, Latinvex has recognized Covington as the top firm for Trade, among the top five for FCPA & Fraud, as well as for Arbitration, and among the top ten for Corporate/M&A. Covington’s Latin America practice draws on a dedicated team ...

November 8, 2018, Corporate Crime Reporter

Gerald Hodgkins is featured in an interview with Corporate Crime Reporter regarding the SEC proposal to limit the size of whistleblower awards. Under current SEC rules, whistleblowers are entitled to an award of ten to thirty percent of the recovery. The securities industry is now pushing to limit the size of SEC whistleblower awards. Under a proposed SEC rule, ...

November 7, 2018, Law360

John Veroneau is quoted in Law360 regarding whether Democrats in the House of Representatives will support the Administration’s new U.S.-Mexico-Canada Agreement, which includes a tightening of the agreement’s automotive rules of origin and a tethering of automotive tariff benefits to a $16 minimum wage. Mr. Veroneau says, “While the agreement includes much of ...

November 6, 2018

Last Friday (November 2, 2018), FDA announced the availability of its final guidance, "Nutrition and Supplement Facts Labels: Questions and Answers Related to the Compliance Date, Added Sugars, and Declaration of Quantitative Amounts of Vitamins and Minerals: Guidance for Industry." The guidance is in the form of a Q&A that presents FDA's position on the ...

November 6, 2018, Covington Alert

The Trump Administration yesterday completed the reimposition of sanctions against Iran that previously were suspended as part of the 2015 multilateral nuclear agreement, known as the Joint Comprehensive Plan of Action (“JCPOA”).

November 6, 2018, Wired UK

James Goold is featured in Wired UK regarding his involvement identifying and protecting underwater archaeological sites. The article highlights a case from 2007 where he successfully represented Spain in securing the return of 15 tons of gold coins -- estimated at $600 million -- found inside a sunken Spanish gunboat from rogue treasure hunters.

November 6, 2018, Corporate Counsel

Gerald Hodgkins is quoted in Corporate Counsel regarding the SEC’s annual enforcement report. Reflecting on the data, Mr. Hodgkins says, “You’re seeing more cases that are really honed in on the operating metrics and financial goals of the company. These newer cases are focused on particular operating goals, operating metrics. It has increasing emphasis by the ...

November 5, 2018, Legaltech News

Lee Tiedrich spoke with Legaltech News regarding a recent survey on the legal and regulatory risks of artificial intelligence. Ms. Tiedrich suggested clients take a global perspective when assessing what laws are relevant to a particular AI program. She notes that artificial intelligence is not limited to a single jurisdiction, and clients should seek advice on ...

November 3, 2018

Due to a flurry of enforcement activity in the last quarter of Fiscal Year 2018, which closed at the end of September, the Securities and Exchange Commission filed nearly 10% more cases in 2018 than in the year before. The agency topped last year's numbers in every major category of cases except issuer disclosure and accounting, which were down about 13% from ...

November 3, 2018, The New York Times

Gerald Hodgkins is quoted in The New York Times regarding SEC enforcement activity during the first 20 months of the current Administration. Mr. Hodgkins says there was an uptick in enforcement in 2018 against fraudulent stock offerings and investment advisers accused of lying and stealing. At the same time, the SEC brought fewer market manipulation cases, which ...

November 2, 2018, The Antitrust Source

October 31, 2018, Risk

Randy Benjenk is quoted in Risk regarding the Federal Reserve’s new proposal to assess risk in a more targeted way, splitting banks into four categories.   US global systemically important banks (G-Sibs) land in the first category; banks with more than $700 billion in assets, or more than $75 billion in cross-jurisdictional activity, are in the second. Those ...

October 29, 2018

Covington Partners Rob Kelner and Brian Smith outline key factors about congressional investigations that companies should be aware of—before receiving an inquiry letter from Capitol Hill.

October 29, 2018

President Trump on October 24 signed the SUPPORT for Patients and Communities Act (H.R. 6), which together with the Patient Right to Know Drug Prices Act (S. 2554), signed October 10, expands the scope of pharmaceutical product-related agreements subject to filing requirements under subtitle B of Title XI of the Medicare Prescription Drug, Improvement, and ...

October 26, 2018, Law360

Mitchell Dolin is quoted in Law360 regarding a New York appeals court decision which applied the U.S. Supreme Court's Kokesh decision to rule that part of Bear Stearns' settlement with the SEC is a penalty, and therefore not covered by insurance.   Mr. Dolin said the appellate decision contravenes Bear Stearns’ reasonable expectations about what its policies ...

October 25, 2018, Covington Alert

On October 16, 2018, the Securities and Exchange Commission (the “Commission”) issued a Section 21(a) report of investigation (the “Report”) warning public companies about the importance of assessing the likelihood of cyber-related threats when designing internal accounting controls. The Report described the Division of Enforcement’s investigation of nine ...

October 24, 2018, Covington Alert

California Governor Jerry Brown recently signed into law a number of landmark bills aimed at strengthening sexual harassment protections in the workplace and boosting gender equality in the boardroom. Here is an overview of the new statutes; unless otherwise specified, they take effect on January 1, 2019.

October 23, 2018, The National Law Journal

David Fagan is quoted in The National Law Journal regarding a CFIUS pilot program which will require short-form notices of foreign investments involving critical technology in 27 industries, including defense, telecommunications and metal production. The pilot program could bring an unprecedented number of transactions under the purview of CFIUS.   Mr. Fagan ...

October 23, 2018, The Law Society Gazette

Daniel Cooper spoke with The Law Society Gazette regarding a UK Court of Appeal decision that could make employers vicariously liable for employees’ actions even if they had taken preventative steps and bore no criminal responsibility.   Mr. Cooper said the employer should bear the enterprise risk and assume liability for the actions of its employees, as long as ...

October 22, 2018, Politico

Rob Kelner is quoted in Politico regarding the potential impact of a Democratic takeover of the House of Representatives in 2019 on congressional investigations. Mr. Kelner said Covington has tracked public statements in which lawmakers criticized companies and every letter sent from members of Congress to corporations over the past two years. He said the firm ...

October 19, 2018, Law360

October 18, 2018, El Universo

Jessica Arco participated in a Q&A with major Ecuadorean newspaper El Universo about the risks of investing in Latin America. The interview covered corruption in Latin America, the FCPA, and the U.S. government’s enforcement focus on the energy sector. Regarding what tools exist for companies and individuals to denounce requests for bribes, Ms. Arco said that ...

October 17, 2018

WASHINGTON—The Pro Bono Institute has presented Covington with the 2018 John H. Pickering Award, recognizing the firm’s outstanding institutional commitment to pro bono and the extraordinary pro bono efforts of its lawyers and staff.  In 2017, Covington lawyers devoted more than 146,000 hours to representing organizations and individuals in pro bono matters. ...

October 17, 2018, The Diplomat

The Diplomat featured David Fagan in a Q&A regarding the effects of the Foreign Investment Risk Review Act of 2018 on U.S.-China commercial relations. Mr. Fagan noted the national security rationale of the new law, how U.S. companies should incorporate FIRRMA into their deal making, and how FIRRMA will affect U.S. companies seeking to attract foreign direct ...

October 17, 2018, International Financial Law Review

Michael Nonaka is quoted in International Financial Law Review regarding the potential modernization of the Community Reinvestment Act of 1977. Mr. Nonaka says, “It’s important to make sure that with new innovative technologies and people using smartphones and the internet to connect with banks, that all those services are tracked for purposes of CRA premise. ...

October 15, 2018, Law360

October 15, 2018, Law360

October 15, 2018, Law360

October 11, 2018, Covington Advisory

With less than one month to go before the 2018 elections, the ground is shifting for major political donors. Developments over the last several years, and especially in the last few months, show that the rules of the road are changing with respect to many of the common election law issues faced by high net worth individuals.

October 11, 2018, Covington Alert

Summary On October 10, the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued interim rules (the “Interim Rules”) that update the CFIUS regulations to address certain definitional and procedural aspects of the Foreign Investment Risk Review Modernization Act (“FIRRMA”) and, for the first time, ...

October 10, 2018, Covington Alert

As described in our earlier alert, in August the Securities and Exchange Commission (the “Commission”) adopted amendments to its disclosure rules to eliminate requirements it deemed “redundant, duplicative, overlapping, outdated, or superseded” (the “Amendments”) based, in part, on other Commission rules and generally accepted accounting principles in the United ...

October 9, 2018, Covington Alert

As the midterm elections rapidly approach, contributions to nonprofits and other politically active organizations that support candidates and ballot initiatives will draw greater scrutiny from state and federal campaign finance regulators.

October 8, 2018, Tax Notes

October 8, 2018

WASHINGTON—The Thomson Reuters Foundation has named Rick Longton its “TrustLaw Lawyer of the Year.” The award recognizes the commitment demonstrated in supporting pro bono clients over the last year on projects undertaken through TrustLaw, Thomson Reuters Foundation's global pro bono program that connects high-impact NGOs with law firms and corporate legal teams ...

October 8, 2018, FCPA Flash

Daniel Suleiman sat down with the “FCPA Professor” for a podcast discussing the lifecycle of  FCPA investigations and what companies need to know about them.

October 5, 2018, Covington Alert

Over 3,000 commenters submitted letters to the Securities and Exchange Commission ("SEC") concerning the agency's recently proposed amendments to its whistleblower rules. This response reflects the perceived importance of the SEC's proposal to companies and employees.

October 5, 2018, Law360

Randy Benjenk is quoted in Law360 regarding the uncertainty surrounding how many fintech firms will apply for special-purpose charters from the OCC. Mr. Benjenk says, “The question is whether the benefits of the charter will outweigh its burdens and the risks involved. I think you’ll see some fintechs conclude that, if they’re going to be regulated like a bank, ...

October 3, 2018, Covington Alert

On September 30, 2018, California Governor Jerry Brown signed Senate Bill 826 into law making California the first state to require corporations to include women on their boards of directors.

October 2, 2018, Covington Alert

On September 30, 2018, the United States and Canada announced the successful conclusion of negotiations that will allow Canada to join the United States and Mexico in signing a revised North American Free Trade Agreement (“NAFTA”).

October 2018, Privacy Laws & Business International Report

October 1, 2018

WASHINGTON—Covington has promoted 20 lawyers to its partnership. “This group covers a wide range of the firm’s most important practices and reflects the ongoing imperative of continuing to build and expand our strengths and to position the firm most effectively to be vibrant in the years ahead,” said Timothy Hester, Covington’s chair. "The size of our class is a ...

September 28, 2018, Covington Advisory

On August 24, 2018, the Second Circuit issued its much-anticipated decision in U.S. v. Hoskins.Emphasizing on multiple occasions that Congress defined “with surgical precision” who could be liable under the anti-bribery provisions of the Foreign Corrupt Practices Act (“FCPA”), the court held that the government may not employ conspiracy or accomplice liability ...

September 28, 2018

WASHINGTON—The National Law Journal has named Covington's Michael Nonaka to its inaugural list of "Cryptocurrency, Blockchain, & Fintech Trailblazers." This list profiles 50 lawyers who have "moved the needle" and are making great strides as finance and technology grow more entwined. Mr. Nonaka is co-chair of the firm’s Financial Services Group and advises ...

September 27, 2018, The National Law Journal

Robert Kelner is quoted in The National Law Journal regarding the Justice Department’s aggressive enforcement of the Foreign Agents Registration Act and the reaction from lawyers. Mr. Kelner says, “The problem with FARA is that it’s a woefully vague statute. It’s arguably unconstitutionally vague.”

September 26, 2018, Covington Alert

This morning (September 26, 2018), FDA announced the availability of a draft guidance for industry and FDA staff, “Public Availability of Lists of Retail Consignees to Effectuate Certain Human and Animal Food Recalls,” that explains how and when FDA intends to publicize retail consignees that may have received recalled human or animal foods.

September 26, 2018, Latin Lawyer

Veronica Yepez is quoted in Latin Lawyer regarding her recent move to the firm. Ms. Yepez says, “Covington offers clients true global compliance capabilities. The deep bench of former prosecutors and former DOJ senior offices with oversight over FCPA enforcement is unparalleled.” Don Ridings, chair of the firm’s anti-corruption practice, says, “Veronica built a ...

September 24, 2018, Covington Comment Letter

September 21, 2018, Bank Director

September 21, 2018, Law360