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- Home
- Practices and Industries
- Technology
Clients across the spectrum of the technology industry turn to Covington’s Technology practice because of our ability to provide integrated, strategic, and business-oriented legal advice across the broad range of issues faced by technology companies today, and to advise them on their most significant transactions, disputes, and business challenges. We represent companies focused on:
- AdTech
- Artificial Intelligence
- Blockchain
- Cloud and Infrastructure
- Connected and Autonomous Vehicles
- Digital Health
- Digital Media
- Electronics and Devices
- Fintech
- Global Supply Chain
- Internet of Things
- Sharing Economy
- Social Media
- Software
Clients benefit from Covington’s extensive regulatory and policy, transactional, intellectual property, and litigation expertise, combined with our thorough understanding of the business and legal issues affecting technology companies facing challenges across the many dimensions of the global economy. Our deep technology industry bench includes more than 100 lawyers, many of whom hold advanced technical and scientific degrees.
Aristocrat Acquisition Financing
Represented Aristocrat Leisure Limited in its $1.4 billion financing in connection with its acquisition of Video Gaming Technologies, Inc.
Success Before ITC and PTAB on Behalf of Tessera
As recognized by The National Law Journal, Covington successfully represented Tessera at the ITC regarding a patent infringement dispute with Broadcom over semiconductor chips. This victory came on the heels of its effective represented before the PTAB. Tessera (Complainant): Certain Semiconductor devices, semiconductor device packages, and products containing same, USITC Inv. No. 337-TA-1010.
Bitcoin Regulatory Advice
We analyzed CFTC regulatory issues on behalf of digital currency wallet and platform provider, including the launch of an exchange and meetings with the CFTC Chairman, Commissioners, and staff to discuss the company and its request for no-action relief.
Autonomous Vehicles Law and Regulation
We advise manufacturers, technology companies and other stakeholders with respect to a range of legal issues associated with autonomous vehicles. For example, we advised an automotive bidder on a major government contract for a next-generation vehicle regarding NHTSA innovation-related exemptions and autonomous vehicle guidelines. We also advise a Japanese automotive parts manufacturer on NHTSA and CARB certification rules and autonomous vehicle guidelines.
Sony BMG Music Entertainment in Class Action Lawsuit
Representation of Sony BMG Music Entertainment in a class action lawsuit challenging royalties for downloading music.
Presidential Order Protecting Qualcomm from Hostile Takeover
Our team led the successful CFIUS-based defense of Qualcomm against the hostile takeover bid by Broadcom, the largest hostile takeover (valued at $121 billion) ever attempted in the semiconductor sector. Our efforts helped secure a U.S. Presidential order compelling Broadcom to "immediately and permanently abandon" its proposed hostile takeover of Qualcomm, based on findings by CFIUS that Broadcom's takeover "threatens to impair the national security of the United States."
NBA in Live Virtual Reality Streaming with NextVR
We represented the NBA in a multi-year deal to stream live NBA games in virtual reality in a partnership with NextVR, which will become the official live virtual reality partner of the NBA. During the 2016-2017 season, live VR games will first be available to NBA League Pass subscribers, with single-game purchase opportunities to follow for all VR consumers as the NextVR app becomes available on new VR devices.
Government Electronic Surveillance and Law Enforcement Access
Covington guides leading global companies through the complex legal and policy issues surrounding government electronic surveillance and law enforcement access to digital information.
Kit Check Pharmacy Automation System Distribution
Represented Kit Check in the development of their service and customer agreements for hospitals and business partners relating to Kit Check’s pharmacy kit automation system and services.
Leading semiconductor transactions
Represented Mubadala Development Company and Advanced Technology Investment Company in joint venture with Advanced Micro Devices to form GLOBALFOUNDRIES, and represented GLOBALFOUNDRIES in its acquisition of IBM’s semiconductor manufacturing business.
Licensing and Enforcement-Based Royalties
Represented a leading computer component manufacturer in a patent monetization transaction involving its contribution of 100 systems patents to a newly formed patent assertion entity managed by a third party patent agent in exchange for a royalty based on enforcement and licensing activities.
LightBridge Communications in Cross-Border Acquisition
Represented Lightbridge Communications in its $240 million acquisition by Tech Mahindra Ltd.
IPR Proceeding Victory on Behalf of Texas Instruments
Representation of Texas Instruments Incorporated (TI) as petitioner in an IPR proceeding relating to monolithic battery chargers. In a clean sweep victory in a patent office trial, the patent owner, Unifi Scientific Batteries (USB) ultimately requested judgment in TI’s favor. USB had sued TI in the Eastern District of Texas, alleging infringement of its patent directed to monolithic battery chargers. Covington filed a petition on behalf of TI in the Patent Office seeking invalidation of 16 claims. One week before oral argument, USB filed a Request for Adverse Judgment, disclaiming all of the 16 challenged claims. The Patent Office granted the Request and entered the judgment, successfully ending the trial. Covington also represented TI in the co-pending litigation, which settled successfully.
Knowles Electronics ITC Section 337 Silicon Microphone Packages Investigation
Representation of Knowles Electronics in ITC Section 337 Investigation: Silicon Microphone Packages and Products Containing Same, USITC Inv. No. 337-TA-825 (Complainant).
Major Victory for Atmel in Patent Dispute
Representation of Atmel in a major victory where plaintiff Agere claimed that Atmel infringed four semiconductor patents, including what it touted as its key tungsten patents, and sought damages of approximately $200 million as well as enhancement for claimed willful infringement. After a three-week trial, the jury returned a verdict in Atmel’s favor; invalidating the tungsten patents, finding the fourth not infringed as well as invalid, and awarding Agere no damages.
Blockchain Industry Association
Providing strategic advice and support to a new blockchain industry association.
Advised UK-headquartered Software Developer
Advised founders of a UK-headquartered developer of software for the creative arts industry in its sale to a U.S.-based diversified technology company.
Corsair ITC Section 337 Investigation
Representation of respondent Corsair in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Samsung ITC Section 337 in Certain Digital Media Devices Investigation
Representation of Samsung in the ITC Section 337 Investigation: Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software, USITC Inv. No. 337- TA-882 (Respondent).
Samsung ITC Section 337 Electronic Devices Investigation
Representation of Samsung in the ITC 337 Investigation: Electronic Devices, Including Handheld Wireless Communication Devices, USITC Inv. No. 337-TA-673 (Respondent).
Samsung in ITC Section 337 Mobile Telephones and Wireless Communication Devices Investigation
Representation of Samsung in the ITC 337 Investigation: Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components, USITC Inv. No. 337-TA-663 (Respondent).
In re Automotive Parts Antitrust Litigation
Represent Alps Electric in putative class actions alleging price-fixing in the heater control panel market.
Acquisition of Cubic Advanced Technical Systems
Represented Rafael Advanced Defense Systems in its acquisition of the remaining membership interests in Cubic Advanced Technical Systems.
Acquisition of IBM's semiconductor manufacturing business
Represented GLOBALFOUNDRIES in its acquisition of IBM’s semiconductor manufacturing business. The transaction was significant because IBM’s semiconductor business was the original member—and IBM remains the most significant participant— in the U.S. government’s Trusted Foundry Program.
Advise Multinational Sharing Economy Company Network
Advise a U.S. multinational sharing economy network company on whether their new service offering in the EU qualifies as an "information society service" and the implications of that determination under EU law.
Advising Consortium of German Automotive Companies
Advising a consortium of German automotive companies on the promotion of their technology platform to policy-makers and thought leaders in South Africa, including organizing a panel discussion designed to foster increased public-private collaboration with respect to autonomous technologies.
Advising Global Service Provider on Financial Services Project
Advising a global service provider on a project that sits at the intersection of tech advisory and trade controls, including on the use of AI tools by financial services providers.
Advising a Leading U.S. Cloud Service Provider
Advising a leading U.S. cloud service provider on a number of EU and Member State regulatory matters, including the proposed EU Terrorist Content Regulation, the proposed EU E-Evidence Directive and Regulation, and the UK Online Harms White paper.
Advising a Leading Global Technology Trade Association
Advising a leading global technology trade association and its members on the application of existing U.S. anti-discrimination laws to artificial intelligence systems.
Advising Leading Global Technology Service Provider and Trade Association
Advising a leading global technology service provider and a global technology trade association on ethics guidelines published by the EU High Level Expert Group on Artificial Intelligence.
Advising Leading Global Technology Service Provider and Trade Association on Ethics Guidelines
Advising a leading global technology service provider and a global technology trade association on ethics guidelines published by the EU High Level Expert Group on Artificial Intelligence.
Advising a Global Trade Association on Possible U.S. Claims
Advising a global trade association on possible U.S. State Attorney General claims involving anti-competitive uses of data for analytics and related purposes.
Advise Multinational Technology Companies and Trade Association on European Commission Proposals
Advise numerous multinational technology companies and global trade association on European Commission proposals to adopt a new Digital Single Market Copyright Directive, and provide advice on implications of final Directive text as adopted.
Assist U.S. Online Services Provider on European Commission's Disinformation Code of Practice
Assist a leading U.S. online services provider on assessing its practices with regard to the European Commission’s Disinformation Code of Practice.
Assist a Global Cloud Services Provider in Drafting AI Analysis
Assist a global cloud services provider in drafting analysis assessing the potential benefits of using artificial intelligence in the manufacturing sector and the policy and regulatory issues that such uses may raise.
Assist Online Services Provider in Assessing Applications of EU Competition Law
Assist a leading online services provider in assessing possible applications of EU competition law to uses of artificial intelligence and data analytics by dominant firms.
Advise a Multinational Sharing Economy Company
Advise a U.S. multinational “sharing economy” company in responding to a DG COMP RFI.
Representation of Microsoft in Landmark Case Involving Data Stored Abroad
Successfully challenged U.S. government warrant seeking data stored in Ireland. After a favorable decision from the Second Circuit—and while the Supreme Court was reviewing the case—Congress enacted the CLOUD Act, a modernized framework for cross-border data requests. See United States v. Microsoft Corporation, No. 17-2 (U.S.).
Acquisition of Global Crossing
Represented Global Crossing in its acquisition by Singapore Technologies Telemedia and earlier phase involving Hutchison Whampoa.
Acquisition of Optical Components Manufacturer
Represented Oplink Communications in its $445 million acquisition by Koch Industries.
Acquisition of Schneider Electric’s Custom Sensors & Technologies business
Represented the Carlyle Group and PAI Partners in the acquisition of the Custom Sensors & Technologies business from Schneider Electric.
Advising Large Public Companies and Investors on Corporate Governance Matters
Represented boards in the pharmaceuticals, consumer goods, health insurance, home equipment, advertising, motor vehicles, network communications, and technology industries as well as hedge funds, public pension funds, and other investors with respect to corporate governance developments regarding board and committee composition, crisis management, cybersecurity, internal controls, shareholder proposals, proxy access, political spending, and other sensitive disclosures and similar matters.
Altice’s $9.1 Billion Suddenlink Acquisition
Representation of European telecommunications company Altice S.A. (Euronext ATC) in a $9.1 billion deal to acquire a controlling stake in Suddenlink, a top ten cable operator in the U.S.
Advise a Multinational Technology and Ecommerce Company
Advising major American multinational technology and ecommerce company in responding to a DG COMP RFI.
American Airlines IT Outsourcing
Represented American Airlines in a sole-sourced outsourcing of all information technology services between American Airlines and Sabre, Inc. and its subsequent renegotiation with HP and Sabre.
American Express’s Divestiture of Its Global Travel Business
Representation of American Express in the divestiture of its global travel business to form a joint venture with Certares LP, which was the largest foreign investment ever in a travel management company and included Middle Eastern government-owned investors.
Assist International Subscription Video on Demand Service on International Launch
Assist an international subscription video on demand service with due diligence for its international launch.
Competition Counsel for Multinational Technology and E-commerce Company
Go-to competition counsel for a major American multinational technology and e-commerce company on its most strategic transactions to date.
$1.75 billion divestiture of IBM’s personal computers division
Represented IBM in the $1.75 billion sale of its personal computers division to Lenovo.
$2.1 billion acquisition of IBM server business by Lenovo
Represented Lenovo in various matters, including acquisition of x86 server business from IBM for $2.1 billion.
$3.7 billion acquisition of Sapient by Publicis Groupe
Represented both Publicis and Sapient in securing approval from CFIUS for Publicis’ acquisition of Sapient for $3.7 billion.
$5.6 billion acquisition of Invensys plc
Represented Schneider Electric on the CFIUS review and approval of its $5.6 billion acquisition of Invensys plc.
$750 million Dassault Systèmes acquisition of Accelrys
Secured CFIUS approval for Dassault Systèmes in its acquisition of Accelrys, whose customers included the U.S. Department of Defense and the leading U.S. nuclear laboratories, in a transaction valued at approximately $750 million.
Advising an Emerging Technology Company on Wireless Charging Patent
Advising an emerging technology company on the in-licensing of wireless charging patents and other intellectual property from a UK university.
Advised UK-based Clinical AI Company Sensyne Health
Advised Sensyne Health, a UK-based clinical AI company, on: a collaboration with Bayer to analyze patient data from the UK National Health Service using Sensyne’s clinical artificial intelligence platform and apply the findings to Bayer’s cardiovascular disease pipeline; Jefferson Health to evaluate the clinical and commercial potential of its GDm-Health™ system in the United States; novel strategic research and data processing; and agreements with the Chelsea and Westminster Hospital National Health Service (NHS) Foundation Trust, the Oxford University Hospitals NHS Foundation Trust, and the South Warwickshire NHS Foundation Trust.
Advised B.E.S.T. Funds in Equity Investment in Trak Global Group
B.E.S.T. Funds in its equity investment in UK telematics company Trak Global Group, a leading telematics supplier to the vehicle rental and mobility sector and insurers.B.E.S.T. Funds in its equity investment in UK telematics company Trak Global Group, a leading telematics supplier to the vehicle rental and mobility sector and insurers.
Advised B.E.S.T. Funds in the Sale of Intelligent Mechatronic Systems, Inc.
B.E.S.T. Funds in the sale of the business and assets of Intelligent Mechatronic Systems, Inc., a company focused on connected car technologies and informatics, to UK telematics company Trak Global Group.
Advising on Open Source Issues
Advising a technology company on complex open source issues.
Advising Private Equity Investor
Advising Private Equity Investor on the intended acquisition of global IT service provider.
Advise a Multinational Sharing Economy Company on Competition Aspects Middle East Acquisition
Advise a U.S. multinational “sharing economy” company on the competition aspects of an acquisition in the Middle East, including the UAE, Egypt, KSA, and Pakistan.
Advise Technology Companies in UK CM Inquiries
Advise major technology companies in connection with inquiries from the UK CMA.
Advising E.ON Group on Global Outsourcing
Advising E.ON Group on the global outsourcing of its IT infrastructure and various IT projects.
Advising on IT and Data Protection Transactions
Advising GEA Group in IT and data protection transactions.
Advising on the Sale of Shares in a Joint Venture
Advising ZF Friedrichshafen on the sale of its shares in the joint venture with Bosch, including split and transition of IT systems.
Advising Global Automotive Suppliers on Open Source Issues
Advising one the leading global automotive suppliers in complex open source issues.
Advising a German Energy Provider
Advising a major German energy provider (in addition to E.ON) on the outsourcing of its workplace services; data center services (including the sale of data centers to the outsourcing service provider); and network services.
Assist an International Video-on-Demand Service
Assist an international video-on-demand service on an ongoing basis with content acquisition in a number of territories.
Advised BenevolentAI on its $90 million Equity Investment from Temasek
Advised BenevolentAI, which creates and applies AI and machine learning to transform the way medicines are discovered and developed, on its $90 million equity investment from Temasek, a Singapore-headquartered investment company.
Assisted International Broadcaster on Its Application for a Broadcasting License
Assisted an international broadcaster its application for an Ofcom broadcasting license and advise on regulatory compliance on an ongoing basis.
Assist an International Content Creator
Assist an international content creator on an ongoing basis with production matters.
Samsung ITC Section 337 Wireless Communication Equipment Investigation
Representation of Samsung in the ITC Section 337 Investigation: Wireless Communication Equipment, Articles Therein, and Products Containing Same, USITC Inv. No. 337-TA-577 (Respondent).
Samsung ITC Section 337 Certain Light-Emitting Diodes Investigation
Representation of Samsung Electronics in the ITC Section 337 Investigation: Certain Light-Emitting Diodes and Products Containing Same, USITC Inv. No. 337-TA-785 (Respondent).
Acquisitions by Pacific Telecom
Represented Pacific Telecom in the company’s acquisitions of Micronesian Telecommunications Corporation and IT&E Overseas, Inc.
Avnet Notes Offering
Represented Avnet, Inc. in a registered offering of $350 million of 4.875% Notes due 2022.
BCD Semiconductor Manufacturer Acquisition
Represented BCD Semiconductor Manufacturing Limited in its $151 million acquisition by Diodes, Inc.
Advised on the £15 million Placing and Open Offer by Equals Group plc
Advised Cenkos Securities (NOMAD and Joint Broker) and Canaccord Genuity (Joint Broker) on the £15 million placing and open offer by AIM-listed Equals Group plc, a financial services technology company.
Huawei ITC Section 337 Investigation
Representation of Huawei in the ITC Section 337 Investigation: Wireless Devices with 3G Capabilities and Components Thereof, USITC Inv. Nos. 337-TA-800 and 337-TA-868 (Respondent).
Microchip ITC Section 337 Investigation
Representation of Microchip in the ITC Section 337 Investigation: Certain Semiconductor Integrated Circuit Devices and Products, USITC Inv. No. 337-TA-840 (Complainant).
Samsung ITC Section 337 Certain MLC Flash Memory Devices Investigation
Representation of Samsung in the ITC Section 337 Investigation: Certain MLC Flash Memory Devices and Products Containing Same, USITC Inv. No. 337-TA-683 (Respondent).
Seagate Technology ITC Section 337 Investigation
Representation of Seagate Technology in the ITC Section 337 Investigation: Hard Disk Drives, Components Thereof, and Products Containing the Same, USITC Inv. No. 337-TA-616 (Respondent).
Realtek ITC Section 337 Investigation
Representation of Realtek in the ITC Section 337 Investigation: Network Controllers, USITC Inv. No. 337-TA-531 (Respondent).
MStar Semiconductor ITC Section 337 Investigation
Representation of MStar Semiconductor in the ITC Section 337 Investigation: Display Controllers with Upscaling Functionality and Products Containing the Same, USITC Inv. No. 337-TA-481 (Respondent).
Nidek ITC Section 337 Investigation
Representation of Nidek in the ITC Section 337 Investigation: Excimer Laser Systems for Vision Correction Surgery and Components Thereof and Methods for Performing Such Surgery, Inv. No. 337-TA- 419 (Respondent).
Samsung ITC Section 337 Certain Consumer Electronics Investigation
Representation of Samsung in the ITC Section 337 Investigation: Certain Consumer Electronics and Display Devices and Products Containing Same, USITC Inv. No. 337-TA-836 (Respondent).
Hewlett-Packard ITC Section 337 Investigation
Representation of Hewlett-Packard in the ITC Section 337 Investigation: Wireless Communication Devices and Systems, USITC Inv. No. 337-TA-775 (Respondent).
FujiPhoto Film Co ITC Section 337 Investigation
Representation of FujiPhoto Film Co. in the ITC Section 337 Investigation: Lens-Fitted Film Packages, USITC Inv. No. 337-TA-406 (Complainant).
Phillip Morris ITC Section 337 Investigation
Representation of Phillip Morris in the ITC Section 337 Investigation: Cigarettes and Packaging, USITC Inv. No. 337-TA-643 (Complainant).
Case of first impression arising from an FMS contract
Represented a U.S. electronics manufacturer in federal trial and appellate courts against contract claims by a foreign sovereign government asserting third-party beneficiary rights under a Foreign Military Sales (FMS) contract. The case raised issues of first impression under the Contract Disputes Act and Arms Export Control Act (AECA).
CFIUS counsel to AudioCodes in various acquisitions
Represented AudioCodes in its acquisitions of Netrake Corp and Nuera Communications.
Check Point Software Technologies acquisitions
Represented Check Point Software Technologies in the company’s acquisitions of NFR Security, Inc., the security appliance business of Nokia, Liquid Machines, Inc., and PointSec Mobile Technologies.
Emine Technology ITC Section 337 Investigation
Representation of Emine Technology in the ITC Section 337 Investigation: Switches and Products Containing Same, USITC Inv. No. 337-TA-589 (Respondent).
Eaton Corp. ITC Section 337 Investigation
Representation of Eaton Corp.in the ITC Section 337 Investigation: Automated Mechanical Transmission Systems for Medium-Duty and Heavy-Duty Trucks and Components Thereof, USITC Inv. No. 337-TA-503 (Complainant).
Peregrine Semiconductor ITC Section 337 Investigation
Representation of Peregrine Semiconductor in the ITC Section 337 Investigation: Certain Radio Frequency Integrated Circuits and Devices Containing Same, USITC Inv. No. 337-TA-848 (Complainant).
Vizio ITC Section 337 Investigation
Representation of Vizio in the ITC Section 337 Investigation: Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, USITC Inv. No. 337-TA-822 (Respondent).
A-Data ITC Section 337 Investigation
Representation of respondent A-Data in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Actions Semiconductors, Inc. ITC Section 337 Investigation
Representation of Actions Semiconductor, Inc. in the ITC Section 337 Investigation: Audio Processing Integrated Circuits and Products Containing Same, Enforcement phase only, USITC Inv. No. 337-TA-538 (Respondent).
Skylink ITC Section 337 Investigation
Representation of Skylink in the ITC Section 337 Investigation: Universal Transmitters for Garage Door Openers, USITC Inv. No. 337-TA-497 (Respondent).
LeapFrog Enterprises, Inc. ITC Section 337 Investigation
Representation of LeapFrog Enterprises, Inc.; Jetta Company, Ltd. in the ITC Section 337 Investigation: Electronic Educational Devices and Components Thereof, USITC Inv. No. 337-TA-475 (Respondents).
Altima ITC Section 337 Investigation
Representation of Altima in the ITC Section 337 Investigation: Integrated Repeaters, Switches, Transceivers and Products Containing Same, Enforcement phase only, USITC Inv. No. 337-TA-435 (Respondent).
Echostar and Scientific Atlanta ITC Section 337 Investigation
Representation of Echostar and Scientific Atlanta in the ITC Section 337 Investigation: Set-Top Boxes and Components Thereof, USITC Inv. No. 337-TA-454 (Respondents).
Altera ITC Section 337 Investigation
Representation of Altera Corporation in the ITC Section 337 Investigation: Programmable Logic Devices and Products Containing Same, USITC Inv. No. 337-TA-453 (Complainant).
Atmel ITC Section 337 Investigation
Representation of Atmel Corporation in the ITC Section 337 Investigation: Erasable Programmable Read Only Memories and Products Containing Same, USITC Inv. No. 337-TA-395 (Complainant).
NEC ITC Section 337 Investigation
Representation of NEC in the ITC Section 337 Investigation: Dynamic Random Access Memories, Components Thereof, and Products Containing Same, USITC Inv. No. 337-TA-242 (Respondent).
Quickturn ITC Section 337 Investigation
Representation of Quickturn in the ITC Section 337 Investigation: Hardware Logic Emulators, USITC Inv. No. 337-TA-383 (Complainant).
Nokia ITC Section 337 Investigation
Representation of Nokia in the ITC Section 337 Investigation: Cellular Radiotelephones and Subassemblies and Component Parts Thereof, USITC Inv. No. 337-TA-297 (Respondent).
Toshiba ITC Section 337 Investigation
Representation of Toshiba Corporation in the ITC Section 337 Investigation: NAND Flash Memory Devices and Products Containing Same, USITC Inv. No. 337-TA-553 (Respondent).
Cybersecurity FCA Victory for a Services Contractor
Represented a services contractor in obtaining DOJ declination of allegations involving adequacy of critical cyber infrastructure and negotiated small, five-figure administrative settlement with the agency.
Data Ownership
Represented American Airlines in connection with its data ownership strategies, including implementing standard terms and conditions regarding data in various forms of service provider and partner agreements.
DataCard’s $500 million acquisition of Entrust
Represented Entrust in front of CFIUS and on national industrial security regulatory matters in connection with its sale to DataCard Corp.
Elbit Systems Acquisitions
Represented Elbit Systems in its acquisitions of Tadiran Communications (including Talla-Com and Tallahassee Technologies), Innovative Concepts, Universal Avionics, and M7 Aerospace (among others).
Electronic Medical Records System
Represented a Hospital Network in connection with the negotiation of a license and service agreement for an enterprise-wide Electronic Medical Records (EMR) system.
EU-U.S. regulatory dispute
Assisted a European telecommunications company in protecting its interests with the European Commission in a bilateral EU-U.S. regulatory dispute.
Export controls for encryption hardware and high-performance computers
Assisted global high-technology and financial sector companies with U.S. and other export controls affecting encryption items and high-performance computers.
Going Private of Cellular and Satellite Technology Company
Represented Telular Corporation in its $253 million acquisition by Avista Capital Partners.
HaloIPT Wireless Charging Technology Acquisition
Represented HaloIPT, a leading provider of wireless charging technology for electric road vehicles, in Qualcomm’s acquisition of its assets and technology.
Adobe on Media-Related Project
Advise U.S. software company, Adobe, on a media-related project in China.
Advise Leading Online Company on Global Compliance and Privacy Principles
Representation of a leading online company through advising on instituting global policies and procedures to comply with law enforcement demands for data consistent with best practice privacy principles.
Advise Software Company in Leveraged Buyout Transaction
Representation of Fairfield Language Learning, the developer of Rosetta Stone software, in a leveraged buyout transaction by ABS Capital and Norwest Equity Partners.
AMEX in U.S. District Court for the Northern District of California
Representation of American Express in the United States District Court for the Northern District of California against claims by Visa that Advanta, in conjunction with American Express, used Visa marks beyond the scope of a trademark license and contrary to the Lanham Act.
Antitrust Licensing Dispute
Representation of a semiconductor manufacturer in antitrust licensing disputes.
Antitrust Litigation Concerning Obligations to License Technology
Representation of a technology company in antitrust litigation and a related arbitration concerning obligations to license technology.
AT&T against Claims of Misleading Advertisements
Representation of AT&T in a trial in the District of Maryland concerning claims by a competitor that AT&T’s advertisements for telephone calling cards were misleading.
Atari Games in Litigation in U.S. District Court for the Northern District of California
Representation of Atari Games in litigation involving home video game trademarks in the United States District Court for the Northern District of California.
Battery Recycling in New York State
Advise client regarding New York state battery recycling plans.
BSA in Major Domestic and International Copyright Law Reform Efforts
Advise Business Software Alliance in most of the major domestic and international copyright law reform efforts resulting from the advent of the digital age, including the U.S. Digital Millennium Copyright Act, the WIPO Treaties, the EU Copyright Directive, the EU Software Directive, implementation of the TRIPS Agreement, and amendments to existing copyright laws in over 30 countries worldwide.
CFIUS counsel to Check Point Software Technologies
Represented Check Point Software Technologies in the company’s acquisitions of NFR Security, Inc., security appliance business of Nokia, Liquid Machines, Inc., and PointSec Mobile Technologies.
Check Point Software Technologies' Acquisition of NFR Security
Representation of Check Point Software Technologies in its acquisition of NFR Security and proposed acquisition of Sourcefire.
Client in EU Opposing Merger of Two, U.S.-Based Telecom Service Providers
Representation of a client in the EU opposing the merger of two, U.S.-based global telecom service providers -- a matter that involved complex issues under EU competition law.
Conkright v. Frommert
Covington successfully represented Xerox Corporation’s pension plan in this ERISA case in which the Court held that a plan administrator’s reasonable interpretation of the plan is entitled to deference even if the administrator’s initial interpretation was erroneous.
Advising E.ON on the Sale of Various Entities
Advising E.ON on the sale of various entities (Carve Outs) in terms of the split and transition of IT systems (hardware and software) and databases.
Advising Deutsche Bahn AG
Advising Deutsche Bahn AG on the public procurement of cloud services (IaaS), including negotiation of the service agreements, and the sale and lease back of one of its data centers.
Copyright and Fair Use Advice and Counseling to Publishers
Provide general copyright and fair use advice and counseling to publishers such as the National Geographic Society, the Washington Post Company, and Zomba Music Publishing, to various television broadcast stations, and to a number of leading online business and media ventures including The Microsoft Network, USA Interactive, and the National Football League. Covington is also special intellectual property counsel to the Smithsonian Institution.
Cradle IP v. Texas Instruments
Covington successfully defended Texas Instruments in patent litigation alleging infringement by a broad array of digital signal processors sold by TI. After the District Court of Delaware granted TI’s motion for summary judgment of non-infringement regarding all accused products except one, the Federal Circuit granted a complete win to TI on appeal.
Development of Electronic Waste Take-Back Requirements
Provide advice to a Japan based company on developing electronic waste take-back requirements in Argentina and other South American countries.
E-Recycling Facility Regulations
Advise client regarding environmental regulations that may apply to an e-recycling facility.
Electronic Arts in Acquisition of 19.9% Stake in Ubisoft Entertainment
Electronic Arts in its acquisition of a 19.9% stake in French game company Ubisoft Entertainment, in a transaction requiring the participation of multiple Covington offices on various corporate, antitrust and international issues.
EU Directives on Waste Electrical and Electronic Equipment
Provide legal advice to several large electronic manufacturers on the requirements of the EU Directives on waste electrical and electronic equipment, and restrictions on the use of hazardous substances in electrical and electronic equipment and their national implementation.
European counseling on distribution
We have significant experience advising clients on all aspects of their European commercialization networks, including the design and operation of exclusive and selective distribution systems, pricing/rebates, sales and rental channels, supply chain management, customer loyalty programs, dealer financing, central warehousing, consumer warranties, dealer termination, etc.
Multiple IPRs for Aristocrat Technologies Inc.
Representation of Aristocrat Technologies Inc. in patent infringement litigation brought by IGT on an array of patents directed to gaming devices. Covington prepared and filed IPR petitions on 11 patents, and Covington represented Aristocrat as the patent owner in four IPR proceedings initiated by IGT. The parties reached a favorable settlement ahead of the litigation.
Representation of Knappco in PTAB Proceedings
Representing Knappco, a subsidiary of Dover Corporation, in an IPR against CHS Inc. regarding systems and methods to reduce the potential for unintentional mixing of liquid types in tank systems. In The PTAB instituted proceedings on all claims on all grounds. The patent owner failed to file any responsive papers, and the PTAB entered adverse judgment against CHS cancelling all challenged claims.
Guidance to Governments on Telecommunications Matters
Advised governments on the privatization of telecom service providers, crafting regulations for the introductions of regulatory structures to foster competition in the telecommunications industry; drafted regulations governing telecom activities; and established a licensing and regulatory structure for the introduction of next-generation wireless telecommunications service.
Hewlett-Packard patent litigation
Representation of Hewlett-Packard in patent litigation matters involving blade servers, modular computer systems, network gateway devices, and software for mobile devices.
Huawei Technologies in trade secret lawsuits
Representation of Huawei Technologies in trade secret lawsuits against Motorola Solutions involving wireless base station technology; obtained a preliminary injunction preventing the transfer of confidential information in the context of a corporate acquisition and an award of licensing fees.
Insider Trading Investigations for Fortune 500 Companies
Representation of special committees of the boards of Fortune 500 companies regarding insider trading investigations.
Inquam Limited in Acquisition of Telemobil S.A.
Inquam Limited in its acquisition of Telemobil S.A., the Romanian wireless telecommunications operator, and on Telemobil’s subsequent vendor financing facility with Lucent Technologies.
Successful Representation of Samsung at the ITC, District Court, and PTAB
Representation of Samsung as petitioner in an ITC action and related district court action instituted by Black Hills Media, involving nine patents. In the ITC, Black Hills sought to preclude Samsung from importing hundreds of products into the U.S., including cell phones, tablets, smart TVs, Blu-ray players, and home theater systems. Following an evidentiary hearing, the ITC agreed that no Section 337 violation by Samsung had been proven and terminated the Investigation. While the ITC case was pending, the team also obtained a strategically important stay of the parallel E.D. Texas district court litigation, over the plaintiff’s objection, and despite the fact that the district court case involved several patents not at issue in the ITC. The district court case was ultimately dropped by Black Hills. Covington also prepared and prosecuted nine related inter partes review petitions. After oral argument in two of the proceedings, the PTAB issued a Final Written Decision finding all challenged claims unpatentable.
Microsoft Acquisition of AOL Patents
Represented Microsoft in the $1.1 billion acquisition of 800 patents from AOL, and its $550 million sale to Facebook of the right to acquire a portion of the AOL portfolio.
Microsoft Acquisition of Nortel Patents
Represented Microsoft in the $4.5 billion winning bid in the auction of Nortel Networks Corporation’s 6000 patents and patent applications.
Microsoft in $7 Billion Acquisition of Devices and Services Business
Represented Microsoft, as IP, commercial, and regulatory counsel, in its $7 billion purchase of substantially all of Nokia’s devices & services business.
Microsoft Software Publisher Agreements
Represented Microsoft on terms of use and third-party software publisher agreements for its Azure and Office 360 cloud service platforms.
Microsoft’s EUR 5.44 Billion Nokia Transaction
Representation of Microsoft Corp. in its purchase of substantially all of Nokia’s devices & services business and licensing of Nokia’s patents. Covington advised on IP, commercial and regulatory matters on the transaction.
Multi-defendant Flash Tracking Privacy Class Action
Achieved dismissal of a putative class action against Microsoft, CBS, Microsoft, McDonald’s, and Mazda alleging violations of the Wiretap Act, Computer Fraud and Abuse Act, and state laws. The complaint alleged that an online ad network used Flash cookies and other tracking mechanisms to build user profiles for the purpose of serving targeted advertising.
Navigation of multiple issues related to healthcare.gov
In the wake of the failed launch of healthcare.gov, we helped a major health IT company navigate compliance and other issues related to its healthcare.gov contract and efforts to remediate the website and related IT systems.
NFL Sports Data Collaboration with Sportsradar
Represented The National Football League on its next generation data collaboration with Sportsradar, a European sports data company.
Nortel Networks
Represented Microsoft as a principal member of the consortium submitting the winning bid for the worldwide licensing and patent portfolio of Nortel for $4.5 billion.
Oplink Communications in Acquisition
Represented Oplink Communications in its $445 million acquisition by Koch Industries.
Protection of employee personal information
Provided guidance to a major technology and manufacturing company in connection with the unauthorized posting of employee personal information on a third-party webpage. Our efforts on behalf of the client included working with Internet service providers to remove the posted information and providing notice to potentially affected individuals and applicable state regulators.
Prysmian S.p.A.’s acquisition of Draka Holdings
Represented Prysmian S.p.A. in its acquisition of Draka Holdings.
Rightster Listing on AIM
Represented Rightster Group plc. in the listing of its shares to the AIM market of the London Stock Exchange.
Rules of Origin
Provided foreign-origin and “Made in USA” marking advice to manufacturers in the life sciences, food, energy, chemicals, and consumer products industries.
SBA Size Determination
We took over a U.S. Small Business Administration (SBA) size determination proceeding for our client, an IT services provider, after previous DC government contracts counsel had failed to persuade the SBA that our client was a small business. We submitted thousands of pages of documentation and numerous position papers in what is believed to be the most complex size determination ever performed by SBA, and persuaded the agency that our client is a small business, notwithstanding its affiliation with dozens of other small businesses, thus allowing it to continue to compete for business on small business set-aside contracts.
Expedia/Orbitz Transaction
Secured a significant victory for Expedia (and consumers) in its $1.3 billion acquisition of Orbitz. The DOJ closed its “second request” investigation without taking any enforcement action.
Securities Counsel to Numerous Fortune 500 companies
Represent numerous Fortune 500 companies in the pharmaceuticals, consumer goods, health insurance, home equipment, advertising, motor vehicles, network communications, and technology industries with respect to the resolution of shareholder proposals concerning executive compensation, majority voting, proxy access, the right to call special meetings, political spending and lobbying disclosures, and a host of other topics.
Service Contract Act investigation and disclosure
Our client, a major large business provider of IT services to the federal government, discovered possible Service Contract Act compliance issues in the operations of a recently acquired subsidiary. We conducted and internal investigation and assisted the client in making a disclosure to the U.S. Department of Labor, which closed the matter without adverse financial or other consequences for our client.
Singapore Telecommunications Limited’s acquisition of Trustwave Holdings, Inc.
Represented Singtel in its $810 million acquisition of Trustwave Holdings, Inc.
Social Media Apps Leveraging Big Data
Represented Microstrategy in transactions related to the development of social media apps that leverage big data.
Successfully defended $150 million FDA award
When the U.S. Food and Drug Administration (FDA) awarded our client a $150 million contract for IT services, two competitors protested. We successfully defended the protests, getting one dismissed for lack of interested party status and the other denied on the merits.
Successfully protested $200 million U.S. Army award
When the U.S. Army awarded a $200 million contract for IT services, we protested the award, arguing that the awardee had an organizational conflict of interest and gained an unfair competitive advantage by hiring a former government official. The agency took corrective action in response to the protest.
Successfully protested the terms of a $600 million cloud procurement
When the Central Intelligence Agency (CIA) issued an RFP for cloud services, we filed a protest challenging the terms of the RFP as unduly restrictive of competition. After discussion with the U.S. Government Accountability Office (GAO), the agency agreed to amend the RFP to revise the terms at issue in the protest.
Telephone systems antidumping proceedings
Represented AT&T in antidumping proceedings related to telephone systems for small businesses.
Telular in Going Private Transaction
Represented Telular Corporation in its $253 million acquisition by Avista Capital Partners.
Trusted Advisor to Fortune 100 Companies
Represent Fortune 100 companies in the consumer goods, health insurance, and technology industries with respect to sensitive, ongoing securities disclosure, and compliance matters.
Various Team Telecom matters
Represented various additional parties before Team Telecom on matters not requiring CFIUS review, including LightSquared, BT, and Iridium Satellite.
WTO e-commerce debate representation
Advised a leading information technology company and represented them before the U.S. and EU governments in the WTO debate on e-commerce.
Broadcasters on DTV Transition
Representation the broadcast industry and individual broadcasters for nearly two decades on the incredible range of technical, legal and policy issues surrounding the transition to digital television. We helped negotiate the DTV standard, and devised the new frequency table. We worked closely at every step with the FCC’s engineers and with engineers across the television industry. We also worked to develop the new rules and legal requirements to accompany the detailed technical analysis.
Favorable settlement for GE
After fully briefing motions to dismiss a suit alleging breach of fiduciary duty under ERISA with respect to the GE stock component of GE’s 401(k) plan, based on a “stock drop” theory, secured settlement that was approved by the court. Cavalieri v. Gen. Elec. Co., 47 Empl. Ben. Cas. (BNA) 2719 (N.D.N.Y. 2009).
BSA on the EU Copyright Directive
Provided strategic advice and advocacy support to the Business Software Alliance on the EU Copyright Directive, proposed Software Patents Directive and IP Enforcement Directive, and more broadly assisted in efforts to promote the protection of IP in the EU and third countries.
Global Software and Technology Company in Telecommunications Regulatory Matters
Representation of one of the world’s largest global software and technology companies in a range of communications regulatory issues affecting its business.
Group of Secured Lenders in Restructuring FairPoint Communications
Representation of a group of secured lenders as principal outside regulatory counsel in the restructuring of FairPoint Communications.
Major Media Company on Telecommunication Matters
Representation of a major media company on all telecom matters relevant to its commencement and continuity of operations as a Mobile Virtual Network Operator (i.e., a reseller of wireless service) in the U.S. market.
Microsoft before FCC on Issues Concerning Media Center and DRM Products
Representation of Microsoft before the FCC on various issuing surrounding its Media Center and DRM products. We obtained FCC recognition of Windows Media Digital Rights Management software as a permissible means to handle digital content. We also represent the company in ongoing rulemakings and waiver petitions involving plug-and-play issues, including industry-wide efforts to resolve these issues.
Microsoft in License Negotiations for Xbox 360
Representation of Microsoft in negotiating licenses for IP related digital output and copy protection technology for the Xbox 360 console.
Microsoft in Negotiating Reseller Agreements for Interactive Voice Recognition Cloud Services
Representation of Microsoft in negotiating reseller agreements for interactive voice recognition cloud services between Microsoft subsidiary Tellme and various partners, initially Juma Technology Company and its subsidiary Nectar Services Corp.
Multiple successes for independent contractors
Successfully defended Capital Cities/ABC, GE, the NFL, Verizon, and the Pharmaceutical Research and Manufacturers of America in separate suits against claims that independent contractors were entitled to benefits under company plans.
Qualcomm in Numerous European Acquisitions and Investments
Representation of Qualcomm in numerous European acquisitions and investments including its $200 million joint venture and private equity investment with Omnia, a subsidiary of Saudi Oger, to create a UK-based company to deploy CDMA-based technology.
Qwest Communications International Inc. in Multiple Transactions
Representation of Qwest Communications International Inc. in a number of strategic transactions and proposed transactions, including its merger with CenturyLink (as local counsel in the District of Columbia and Maryland).
Representation of IBM in age discrimination suit
In the first appellate ruling on the question of whether cash balance plans are age discriminatory, obtained the Seventh Circuit victory reversing the trial court and holding that IBM’s cash balance plan was not discriminatory. The appellate victory avoided $1.4 billion in damages. Cooper v. IBM Personal Pension Plan, 457 F.3d 636 (7th Cir. 2006).
Rural Local Exchange Carrier with Telecommunications Issues
Representation of one of the industry’s largest rural local exchange carriers as principal outside regulatory counsel in the U.S. in connection with universal service, intercarrier compensation and broadband compliance, investigations and policymaking proceedings.
San Francisco Digital Media Advisory Council Member
Covington is the only law firm member of the San Francisco Digital Media Advisory Council, a coalition between the City of San Francisco and a host of leading digital media and entertainment companies, including Electronic Arts, Lucasfilm, Dolby Labs, Wild Brain Entertainment, Giant Killer Robots, Dreamworks Animation and Pixar.
Specialty Equipment Manufacturers on FCC Compliance
Representation of one of the leading distributors of televisions to the healthcare field, Specialty Equipment Manufacturers, on FCC compliance issues. When its leading manufacturer discovered problems complying with an FCC rule, we sought a waiver of the FCC’s Part 15 requirements for one of the leading TV set manufacturer in this market.
Ontario Teachers Pension Fund, Providence Equity Partners and Madison Dearborn Partners in $33B Acquisition
Representation of Ontario Teachers Pension Fund, Providence Equity Partners and Madison Dearborn Partners in their $33 billion acquisition of BCE, Inc., the parent of Bell Canada.
ProMOS ITC Section 337 Investigation
Representation of ProMOS in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Microchip ITC Section 337 Investigation
Representation of Microchip in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Afa Technologies in ITC Section 337 Investigation
Representation of Afa Technologies in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Power Quotient International (PQI) in ITC Section 337 Investigation
Representation of respondent Power Quotient International (PQI) in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Samsung LED ITC Section 337 Certain Light-Emitting Diodes Investigation
Representation of Samsung LED in the ITC Section 337 Investigation: Certain Light-Emitting Diodes and Products Containing Same, USITC Inv. No. 337-TA-798 (Complainant).
International Products Sourcing Group Inc. in ITC Section 337 Investigation
Representation of respondent International Products Sourcing Group, Inc. in the ITC Section 337 Investigation: Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (III), USITC Inv. No. 337-TA-630 (Respondents).
Samsung ITC Section 337 Wireless Communication Equipment Investigation
Representation of Samsung in the ITC Section 337 Investigation: Wireless Communication Equipment, Articles Therein, and Products Containing Same, USITC Inv. No. 337-TA-583 (Respondent).
Knowles Electronics ITC Section 337 Certain Silicon Microphone Packages Investigation
Representation of Knowles Electronics in ITC Section 337 Investigation: Certain Silicon Microphone Packages and Products Containing Same, USITC Inv. No. 337-TA-888 (Complainant).
UMC ITC Section 337 Investigation
Representation of UMC in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Micronas ITC Section 337 Investigation
Representation of Micronas in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Dongbu HiTek ITC Section 337 Investigation
Representation of Dongbu HiTek in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Chipsbank ITC Section 337 Investigation
Representation of respondent Chipsbank in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Skymedi ITC Section 337 Investigation
Representation of respondent Skymedi in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
FTC Investigation Involving Microsoft's Passport Internet Authentication Service
Microsoft in the FTC’s groundbreaking investigation and agreement related to Microsoft’s Passport Internet authentication service, which was the FTC’s first consent agreement under Section 5 of the FTC Act to impose information security commitments related to the protection of personal information.
Development of Internal Guidelines for Law Enforcement Requests
Regularly assist global businesses in developing internal guidelines for responding to law enforcement requests, including by identifying and advising on relevant legal obligations and assessing best practices for responding to government requests for customer data. We help clients develop procedures for addressing conflict-of-law issues that arise when receiving law enforcement requests from countries worldwide, with an eye toward creating efficient and scalable solutions.
Global Privacy Audit for Leading Consumer Electronics and Technology Companies
On behalf of one of the world’s leading consumer electronics and technology companies, we completed a comprehensive global privacy audit under the laws of the United States, the European Union, and China, including an assessment of the data collection, use, and sharing practices of numerous business units (including HR data), cross-border data transfers, and adopting a going-forward privacy governance and risk-management approach and corresponding policies and procedures.
Successful Challenge of FBI National Security Letter
Challenged issuance of an FBI National Security Letter (NSL) seeking customer information from a global technology company; after this challenge, the FBI withdrew the NSL.
Litigated Successful Constitutional Challenge
On behalf of Microsoft, successfully challenged a gag order statute that allows courts to forbid technology companies from telling their customers about demands for their data under the Electronic Communications Privacy Act (ECPA). The lawsuit resulted in nationwide reform of the government's practices under the statute. See Microsoft Corporation v. United States Department of Justice, No. 2:16-cv-00538-JLR (W.D. Wash.).
Litigation Resulting in New Rules on Customer Access to Government Data Demands
Representation of technology client in Foreign Intelligence Surveillance Court litigation challenging restrictions on technology company disclosures about government surveillance. The litigation resulted in new rules that allow technology companies to give their customers more information about how often the government demands customer data. See In re Motion to Disclose Aggregate Data Regarding FISA Orders, Misc. No. 13-04 (FISA Ct. 2014).
Investcorp on Acquisition of HR Software Provider
Represented Investcorp Technology Partners on its acquisition of Berlin-based Softgarden, a human resources software provider.
Representation of Teva Pharmaceuticals
We represented Teva in its strategic partnership with IBM, which enabled it to become the first multinational pharmaceutical company to deploy IBM’s Watson Health Cloud as its global technology platform. As part of the partnership, a joint Teva-IBM research team will work together using “big data” and machine-learning tools to develop disease models and advanced therapeutic solutions, including solutions designed to collect and analyze real world evidence. The deployment of these models and solutions will enable Teva to provide insights and real-time feedback directly to care providers and patients via mobile devices in order to achieve treatment optimizations and improved patient outcomes.
Merck, Verizon, Spirits International, National Geographic, PBS, and Others before the United States Trademark Trial and Appeal Board
Representation of numerous clients, including Merck, Verizon, Spirits International, National Geographic Society, Public Broadcasting Services, M Financial, Promontory Financial Group, U.S. Soccer Federation, Lewis Brothers Bakeries and Rosie O’Donnell in opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board.
Mexico-Based Multi-System Cable Operator in Joint Venture
Representation of a Mexico-based multi-system cable operator in a joint venture with a Mexico-based local and long-distance telecom company.
Microsoft Transactions
Representation of Microsoft Corp. in its $8.5 billion acquisition of Skype Communications S.à.r.l., the largest acquisition in the company’s history, in connection with its $4.5 billion acquisition of certain Nortel patents, in its $7.2 billion acquisition of the handset division of Nokia, and its $2.5 billion acquisition of Mojang, the developer of Minecraft.
Microsoft as Defendant in Trademark Infringement Suit Concerning Keyword Advertising Practices
Representation of Microsoft as a defendant in trademark infringement suits challenging keyword advertising practices and alleging reverse confusion.
Microsoft in Defeating Copyright Infringement Claims Concerning Bing
Representation of Microsoft in defeating copyright infringement claims concerning Bing search engine at pleading stage. Blues Destiny v. Microsoft Corp. (N.D. Fla. 2010).
Microsoft on Internet Protocol Television Issues
Advised Microsoft on Internet Protocol Television issues, including testimony before Congress, appearances at the FCC, and industry negotiations, and advised on industry negotiations to encourage movie studios and the cable industry to use their digital rights management technology for distributing movie and other content over the Internet.
Microsoft Technology Patent Litigation
Representation of Microsoft in patent litigation matters involving a variety of software and related technologies, including obtaining a transfer out of the Eastern District of Texas in a case relating to video conversion technology.
Microsoft, Verizon, AAA, and Others in UDRP Domain Name Proceedings
Representation of numerous clients, including Microsoft, Verizon, New Skies Satellites, LIN Television, American Automobile Association and Ourisman Dodge in UDRP domain name proceedings.
Motorola Mobility v. AU Optronics Corp., et al.
Covington successfully represented Samsung in a massive set of antitrust price-fixing cases. The U.S. Court of Appeals for the Seventh Circuit held that virtually all of the claimed damages were barred by the Foreign Trade Antitrust Improvements Act.
Mubadala Development Company investments
Represent Mubadala Development Company and its portfolio companies, such as the semiconductor company GLOBALFOUNDRIES, on CFIUS and related advice in connection with potential acquisitions in the United States, including the company’s investment in Advanced Micro Devices.
Negotiate Consent Decree for Alleged eWaste Violations
Negotiated a very favorable settlement of alleged eWaste recycling violations for client by raising constitutional defects in statute.
NFL in $18 Billion Eight-Year Programming Agreements
The National Football League in negotiating its $18 billion eight-year programming agreements with ABC, CBS and Fox Television, its interactive media rights/online cross-promotion and marketing agreement with AOL, CBS and Sportsline.com, and its international content distribution deal with Yahoo!
NFL in Copyright Registration and Combatting Unauthorized Retransmission
Assist the National Football League in registering copyright and combatting the unauthorized retransmission and public performance of NFL game telecasts over the internet.
No Action Taken By DOJ Against Telecommunications Client
Representation of one of the largest providers of telecommunications services in Asia in a DOJ investigation of alleged collusion with respect to termination rates charged to US carriers. The government ultimately closed the investigation and took no action against our client.
Numerous Clients in Managing U.S. and Global Trademark Portfolios
Advise on cutting edge trademark strategies, domain name, social media, and keyword advertising issues, manage U.S. and global portfolios, and provided trademark advisory and prosecution services to leading US and global brand owners, including: American Automobile Association (AAA); AOL, Inc.; Astelllas US; Business Software Alliance; Dale & Thomas Popcorn; Expedia, Inc.; FeraDyne Outdoors; German American Chambers of Commerce; Lewis Bakeries, Inc.; Merck & Co. Inc.; Microsoft Corporation; National Basketball Association; National Football League; National Geographic Society; National Hockey League; Public Broadcasting Service; Phi Beta Kappa Society; Promontory Financial Group; and U.S. Soccer Federation.
Obtained U.S. Government National Security Approval for Semiconductor Clients
Representation of clients in the semiconductor industry in securing U.S. government national security approvals for investments and acquisitions, including e2v Technologies’ acquisition of QP Semiconductor.
Patent and ITC Litigation Involving Major Japanese Electronics and Software Company
Representation of major Japanese electronics and software company in defense of patent infringement claims at the ITC involving combination of software and hardware for graphical interfaces and systems for three dimensional pointing.
Position Paper Concerning Potential Amendments
Assist the client in preparation of a position paper concerning potential amendments to anti-circumvention provisions of Section 1201 of the Digital Millennium Copyright Act and in preparation of comments to the Copyright Office on proposed exemptions to Section 1201.
Prysmian S.p.A. in Its Tender Offer for Draka Holding N.V.
Representation of Prysmian S.p.A., a global manufacturer of power transmission and telecommunications cable, in its $1.2 billion tender offer for cable and optical fiber manufacturer Draka Holding N.V.
Qualcomm in Acquisitions and Investments with Omnia
Qualcomm in acquisitions and investments including its joint venture with Omnia, a subsidiary of Saudi Oger, to create a UK-based company to deploy CDMA-based technology; its acquisition of UK-based Elata (Holdings) Limited, which provides content delivery and device management software systems; and its acquisition of Trigenix Limited, a European mobile content delivery software producer.
Represent Major Electronics Company in EU Investigation
Representation of a major electronics company concerning all aspects of the European investigation into alleged collusion in TFT-LCD.
Represent Leading Internet Broker in DOJ Investigation
Representation of a leading internet broker as complainant in a DOJ investigation of restrictive multiple listing service access rules that resulted in a consent decree preserving the client’s ability to compete.
Represent Silicon Valley Company in Insurance Recovery Matter
Representation of a major Silicon Valley company in seeking insurance for substantial losses arising out of computer fraud schemes.
Representation of Maxim Integrated Products in Trade Secret Litigation
Representation of Maxim Integrated Products in trade secret litigation involving analog-to digital converters.
Representation of Samsung Electronics Company, Ltd. in Two IPR Proceedings
Representation of Samsung Electronics Company, Ltd. as petitioner in two IPR proceedings adverse to patent owner Boston University relating to gallium nitride semiconductor devices. The two proceedings were terminated following successful settlement of the underlying litigation, in which Covington represented Samsung.
Representation of Samsung in European Investigation
Representation of Samsung concerning all aspects of the European investigation into alleged collusion in DRAM.
Regulatory Advice on Applicable Pan-European WEEE and RoHS Requirements
Representation of a major manufacturer of semiconductor equipment in providing regulatory advice on applicable pan-European WEEE and RoHS requirements.
Representation of Semiconductor Clients in ITC Section 337 Investigation
Representation of respondents A-Data, Chipsbank, Afa Technologies, Power Quotient International (PQI), Skymedi, and Corsair in the ITC Section 337 Investigation Certain Flash Memory Controllers, Drives, Memory Cards and Media Players.
Represented electronics manufacturer in EU DRAM investigation
Represented a global electronics manufacturer in the European investigation into alleged collusion in DRAM.
Represented electronics manufacturer in EU TFT-LCD investigations
Represented a global electronics manufacturer concerning all aspects of the European investigation into alleged collusion in TFT-LCD (1&2).
Sony BMG Music Entertainment Class Action
Represented Sony BMG Music Entertainment in a class action lawsuit brought by the Allman Brothers Band and Cheap Trick on behalf of all artists whose contracts pre-date the era of digital downloaded music. Sony BMG pays the artists under the applicable royalty rate for album sales at brick-and-mortar record stores, while the artists claim that Sony BMG should be paying a much greater royalty rate for downloaded music.
Samsung Against CCP Systems in Copyright and Patent Infringement Suit
Representation of Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., and Samsung Networks, Inc. against claims brought by CCP Systems alleging copyright and patent infringement filed in the District of New Jersey.
Samsung Electronics Patent Litigation
Representation of Samsung Electronics in numerous patent litigation matters in both U.S. District Courts and the U.S. International Trade Commission, involving technologies such as DLP televisions, LED’s, MLC flash memory, printer software, tablets and smartphones.
Samsung Electronics Co., Ltd., in its acquisition of Canadian cloud-printing firm PrinterOn
Represented Samsung Electronics Co., Ltd., in its acquisition of Canadian cloud-printing firm PrinterOn.
Samsung in Defeating Right of Publicity Action
Represented Samsung in defeating right of publicity action brought by Olympic athletes.
Samsung in Defending Copyright and Patent Claims
Representing Samsung in defending copyright and patent claims concerning printer software.
Samsung Liquid Crystal Display Antitrust Class Actions
Represented Samsung in consolidated antitrust price-fixing and deceptive practice class actions involving liquid crystal displays.
Samsung Patent Litigation Disputes
Representation of Samsung Electronics in numerous patent litigation matters in both U.S. District Courts and the U.S. International Trade Commission, involving technologies such as DLP televisions, LED’s, MLC flash memory, printer software, tablets and smartphones.
Secured Successful Jury Verdict for Ariba in Patent Dispute
Representation of Ariba in securing a jury verdict, including a finding that two patents involving online auction technology were valid and infringed.
Sony Network Services' Negotiation of Agreement with Alltel
Sony Network Services in the negotiation of an agreement with Alltel, the U.S. mobile network operator, to provide the "StreamMan" personalized music service to Alltel's cellphone customers.
Successful Mediation of Multi-Million Dollar Software Errors and Omissions Claims
Representation of a major software company in the successful mediation of multi-million dollar software errors and omissions insurance claims.
Successful Resolution for Online Company in Major Data Breach
Representation of a major online company in responding to a security incident affecting the credit card information of more than 200,000 customers, including regulatory inquiries. The matter was resolved without any regulatory enforcement action.
Successful Resolution for Bockstar Technologies in an IPR Proceeding
Representation of Bockstar Technologies LLC as patent owner in an IPR proceeding brought by Cisco Systems Inc., challenging the validity of four patents related to routers, switches, and computerized telephony. Covington filed substantive initial responses for three of the four petitions. The PTAB rejected one of the petitions in its entirety, and instituted only as to a single patent claim in a second petition—effectively eliminating half of Cisco’s petitions at a single stroke. The proceedings were terminated shortly thereafter as part of a global settlement.
Successful Resolution of Peregrine IPR Proceeding and Litigation
Representation of Peregrine Semiconductor as patent owner in an IPR proceeding brought by RF Micro Devices. The patent is directed to high frequency RF switches for 4G access technologies. Covington also represented Peregrine in the co-pending litigation. Both the IPR and the litigation were settled successfully for Peregrine.
Successful result for Kyocera Corporation
Representation of Kyocera Corporation, successfully obtaining a summary judgment dismissing over US$150 million in damages claims and then successfully defending that award in a set-aside action in the U.S. federal courts.
Successful Settlement of IPR Proceedings for Knowles Electronics, LLC
Representation of Knowles Electronics, LLC as patent owner in four IPR proceedings relating to silicon microphone packages and MEMS microphones, all of which were successfully terminated by settlement. Covington also represented Knowles in the co-pending litigation, which successfully settled.
ExxonMobil Venezuela Arbitration
Secured over $2 billion in compensation and interest against the Republic of Venezuela in favor of subsidiaries of client ExxonMobil. This widely-publicized victory was one of the largest awards ever obtained against a sovereign state.
AI Data Privacy
Advising AI providers on the privacy implications of collecting and using large datasets of consumer data (including text, voice, and biometric information) to develop, train, and improve their AI solutions.
Advising Europe's Largest Purchasing and Marketing Association
Advising Europe’s largest purchasing and marketing association in industrial B2B, E/D/E (Einkaufsbüro Deutscher Eisenhändler GmbH) on the implementation of an electronic marketplace for tool-supply (www.toolineo.de), including complex data protection and electronic payment services issues.
Advising a Global German Logistics Provider
Advising a global German logistics provider on the provision of IT-infrastructure and IT-services to a customer of the financial sector (long term outsourcing agreement).
Kion Group’s acquisition of Dematic
Represented Kion Group (including a 40% investment by Weichai Power) before CFIUS in its acquisition of Dematic.
$2.7 Billion Sale of NXP Semiconductors’ Standard Products Business
Represented NXP Semiconductors before CFIUS in the $2.7 billion sale of its Standard Products Business to Beijing Jianguang Asset Management Co and Wise Road capital.
Thomson Reuters Digital Image Processing Portfolio
Represented Thomson Reuters in the prosecution of patent applications directed to digital image processing and financial software technologies.
Trend Micro Inc. Reexamination Proceedings
Representation of Trend Micro Incorporated as patent owner before the U.S. Patent and Trademark Office in ex parte reexamination proceedings relating to two patents directed to anti-virus technology. Reexamination Certificates for both patents were issued, and Trend Micro and the third-party requester settled the state court litigation in which the validity of the patents was at issue.
Counsel to Electronics Company on Ukrainian and Kazakhstani Broadcast Regulations
Advised a large manufacturer of electronic equipment on issues relating to radio frequency and electromagnetic requirements and related certification requirements in Ukraine and Kazakhstan.
Trade Secret Litigation Involving Electronic Design Automation
Representation of Hewlett-Packard in a trade secret case involving electronic design automation (EDA) technology.
Venture Negotiations and Public Policy Efforts for Pearl Mobile DTV
Represented Pearl Mobile DTV in establishing a nine-company venture to provide Mobile Digital Television services in the United States. Covington led the negotiations leading to the creation of the Pearl Mobile DTV venture, the negotiation of content license agreements, and public policy efforts before Congress and at the White House and the FCC.
Xerox plan administrator Supreme Court victory
Secured victory for Xerox in the Supreme Court on the deference owed plan administrators. Coming into the case after an adverse decision in the Second Circuit, and despite vigorous opposition from the Solicitor General, the Department of Labor, and the Internal Revenue Service, we persuaded the Supreme Court that the lower courts erred in refusing to give deference to the plan administrator's reasonable interpretation of the plan made in the course of litigation after his pre-litigation interpretation was held to be mistaken.
Yahoo! in Trademark Infringement Suit in U.S. District Court for the Central District of California
Representation of Yahoo! in a trademark infringement suit in the United States District Court for the Central District of California in which Yahoo! was accused of infringing the mark “Street Buzz” by using the term on its website in connection with web-based video segments.
Smart Home Device Privacy and Security Advice
We assist IoT device manufacturers on privacy issues specific to their products. For example, we advised the manufacturer of a smart in-home assistant device on privacy and security matters involving the collection of voice and other data.
Insurance Coverage for AI, Autonomous Vehicles, and Other IoT Products
We advise clients on closing insurance gaps associated with new technologies. Matters have included advising a client in identifying and providing solutions to gaps in coverage relating to AI use and risk, including with respect to AI used for autonomous vehicles. We help policyholders recover insurance—both in the U.S. and abroad—for a wide variety of claims, including mass-tort liabilities, property and business interruption losses, marine, and D&O, E&O, and many other types of exposures.
$3.2 Billion Acquisition of Intersil Corporation
Represented Intersil Corporation in its $3.2 billion sale to Japan’s Renesas Electronics Corporation.
Successful Representation of Samsung at the District Court, PTAB, and the U.S. Court of Appeals
Representation of Samsung as a third-party intervenor in the District Court of Delaware in a case instituted by Gold Charm. Gold Charm sued Toshiba, a customer of Samsung Display Co., asserting a dozen unrelated patents relating to LCD technologies. Many of the accused products contained components manufactured by Samsung Display. Samsung decided to intervene to protect its customer. The result was a decisive victory based on a broad effort comprised of: IPRs that knocked out several patents; a motion for partial summary judgment on licensing that knocked out another patent and drastically reduced the plaintiff's alleged damages; and further summary judgment motions on the two most significant remaining patents were filed and granted by the court. The U.S. Court of Appeals for the Federal Circuit summarily affirmed the IPR victory on one of the patents. None of the other IPR victories were appealed.
$2.7 Billion Acquisition of the Safran Identity & Security Business
Represented the private equity firm Advent International and its portfolio company Oberthur Technologies in securing the CFIUS and U.S. national industrial security approvals for Advent’s acquisition of the Identity & Security business (d/b/a “Morpho”) from Safran, for the purpose of combining it with Oberthur.
Assist a Leading EU Trade Association
Advising a leading EU trade association on a range of EU legislative proposals, including the proposed E-Privacy Regulation, Free Flow of Data Regulation, Digital Content Directive and many others.
Represent Airline Trade Association with DG Competition Investigation
Represent major airline trade association in connection with a DG Competition investigation.
Advising a Pharmaceutical Company on a Collaboration with an Emerging Technology Company
Advising a pharmaceutical company on a collaboration with an emerging technology company for the development, licensing and commercialization of a connected drug delivery device.
Advising a Leading Health Service Provider on a Collaboration with an NHS Trust
Advising a leading health service provider on a collaboration with an NHS Trust to collaborate on the development of a range of AI-driven digital health solutions for patients.
Advising a Leading Insurance Software Group
Advising a leading insurance software group on drafting and negotiating contracts for software licensing, maintenance and consultancy services.
Advising Provider of On-demand Video Streaming Services
Advising a leading provider of on-demand video streaming services on its successful claim against the developer of the underlying software platform for delivery up of source code.
Advising Multinational Technology and Ecommerce Company on Cookie Compliance
Advising major American multinational technology and ecommerce company on cookie compliance and the proposed ePrivacy Regulation.
Advising the AI Business of a Multinational Technology Company on Using Personal Data
Advising the AI business of a major American multinational technology company on using personal data to train machines and related copyright issues, and issues around bias.
Advising Multinational Technology and Ecommerce Company on Procurements
Advising major American multinational technology and ecommerce company on issues related to procuring enterprise software and technology solutions.
Advising Multinational Technology and Ecommerce Company on Binding Corporate Rules
Advising major American multinational technology and ecommerce company on process of applying for Binding Corporate Rules (BCRs).
Advising Multinational Technology Companies and Associations on Proposed E-evidence Regulation
Advising a number of multinational technology companies and trade associations on the European Commission's proposed Electronic Evidence Directive and Electronic Evidence Regulation, which would facilitate the ability of EU law enforcement authorities to compel U.S.-based online service providers to disclose user data in criminal investigations.
Advising a Multinational Technology Company on Compliance with EU Accessibility Directive
Advising a U.S. multinational technology company on compliance with the EU Accessibility Directive, which harmonizes EU rules on making products and services accessible to people with disabilities.
Advise a Multinational Sharing Economy Company
Advise a U.S. multinational sharing economy company on the potential application of the new EU Platform-to-Business Regulation to their services.
Advising Client Efforts in Analysis of Patient Information
Advising clients in the life sciences, healthcare and technology sectors on collaborations with hospitals and hospital systems in respect of the analysis of patient information, including: advising on laws and regulations governing the collection and use of patient information; structuring, negotiating and drafting collaboration agreements between life sciences and technology companies; advising on data-driven revenue models; drafting and negotiating data processing agreements under GDPR and business associate agreements under HIPAA; advising on the regulation of the provision of healthcare services.
ASML’s Acquisition of Hermes Microvision Inc. in a $3.1 Billion Deal
Represented ASML in securing the CFIUS approval of its $3.1 billion acquisition of Hermes Microvision, a Taiwanese company with U.S. research and sales.
Advise Online Service Provider with Their Complaints to the European Commission
Advise major online service provider in connection with their complaints to the European Commission regarding Google’s conduct in search and related markets.
Microsoft Ireland Case
Representing Microsoft before the U.S. Supreme Court in its challenge to the government’s attempt to compel disclosure of customer emails stored in Ireland using a search warrant. The case set Irish and European privacy law and national sovereignty against U.S. law enforcement needs and raised a whole host of issues relating to demands for data by government agencies from another country.
Significant Privacy Case Before the Irish High Court
The Irish High Court referred the validity of the Standard Contractual Clauses used as a basis to transfer data and specifically whether they are compatible with the EU treaties to the EU Court of Justice. This is an amicus brief where we will appear on behalf of our client alongside the U.S. Government in making submissions before the EU Court of Justice.
Advising the Bank of a Global German Car Manufacturer
Advising the bank of a global German car manufacturer on regulatory requirements in terms of the procurement of IT-infrastructure and IT-services from its parent company.
Advising Global Electronics Company on Data Privacy
Advising a global electronics company on data privacy aspects of IoT products, including smart TVs and voice assistants.
Advising Industry Association on Data Privacy
Advising a European industry association on data privacy issues related to programmatic advertising.
Huawei Privacy Class Action
Defending Huawei, a Chinese mobile handset maker, in a putative class action alleging violations of the Wiretap Act, Stored Communications Act, and various state laws. The suit stems from the allegation that third-party mobile analytics software transmitted data about mobile device users’ activities to other parties without authorization.
Micro Focus' $8.8 billion acquisition of Hewlett Packard Enterprise's software business
Represented Micro Focus in securing CFIUS and other national security approvals for its $8.8 billion acquisition of the software business of Hewlett Packard Enterprise.
Midea's $5 billion public offer takeover of KUKA Systems
Represented Midea Group on CFIUS and related U.S. national security approvals in its $5 billion public offer takeover of Kuka Systems.
National counsel to Microsoft on cyber-related claims
Serving as national product liability counsel to Microsoft in preparation for the defense of claims involving virus and worm attacks or potential cyber-terrorism involving our client's array of software products.
Technology and IP Transactions
We help clients draft and negotiate commercial contracts that involve IoT technology, and support deals in which parties are buying, selling, or investing in IoT technology.
American Airlines in its In-Flight Wi-Fi Partnership
Represented American Airlines in connection with its Wi-Fi entertainment partnership with a major technology company.
Microsoft in Mechanical Rights Lawsuit Over Music Service
Representation of Microsoft in defense of mechanical rights infringement claims brought by beneficiaries of famous Tin Pan Alley composers.
Digital Music Royalty Class Actions
Represented Sony Music in class actions concerning royalties owed in connection with streaming and digital downloads under legacy recording agreements.
Patent, Copyright and Trade Secret Licensing Agreement Negotiations for Microsoft
Representation of Microsoft in negotiation of patent, copyright and trade secret license agreements for the Advanced Access Content System, a copy protection system for Blu-ray Disc and other high definition storage media and licenses for IP related digital output and copy protection technologies for the Xbox 360 game console and Zune music player.
Advise Large Software Company on Copyright Issues for Live-Streaming and Video Games
Representation of a large software company on copyright issues related to live-streaming and video gaming issues.
Digital Music Service Start Up Companies in China
Advise start-ups such as producers of original Web content and digital music services.
Major Streaming Content Provider in Global Diligence Projects
Conducted global diligence projects for major streaming content provider, including in respect of music licensing requirements and associated collecting society issues.
ByteDance Ltd., Owner of TikTok, in its Acquisition of Flipagram
Representation of ByteDance Ltd. in the acquisition of Flipagram, Inc., a private company based in Los Angeles, that allows users to create and share photo-video stories with their photos, text, and short video clips set to licensed music.
TikTok in Securing Preliminary Injunction to Avoid Shutdown
Secured preliminary injunction on behalf of TikTok prohibiting the government from implementing an executive order banning the social media platform from U.S. mobile app stores.
Schneider Electric SA's sale of industrial software business to AVEVA Group
Represented Schneider Electric of France on CFIUS and related U.S. national security regulatory approvals in connection with the sale of its industrial software business to UK-based AVEVA Group and the acquisition by Schneider Electric of a majority interest in AVEVA Group, creating a leading engineering and industrial software company valued at approximately $3.88 billion.
SafeNet’s Sale of its Government Business to Raytheon
Represented data security firm SafeNet during the sale of its encrypted communications business to Raytheon. We handled government contracts, national security, and trade controls matters for SafeNet.
Elbit Systems of America Acquisition
Represented Elbit Systems of America in its $350 million acquisition of Harris Night Vision.
Tower Three’s Acquisition of NTS
Represented private equity firm Tower Three Partners during its acquisition of NTS, a regional provider of broadband and other communications services in Texas. We handled communications, government contracts, and federal assistance matters for Tower Three.
Verscend’s Acquisition of a GDIT Business
Represented Verscend Technologies in its acquisition of General Dynamics IT’s commercial health insurance payer-focused products. We handled government contracts matters for Verscend.
Lindsay Goldberg’s Investment in ECS Federal
Represented private equity firm Lindsay Goldberg during its investment in government services contractor ECS Federal. We handled government contracts, national security, trade controls, and anti-corruption matters for Lindsay Goldberg..
Vencore and KeyPoint’s Combination to Form Perspecta
Represented government contractors Vencore and KeyPoint Government Solutions and their private equity owner Veritas Capital in their combination with the U.S. Public Sector business of DXC Technology to form Perspecta. We handled government contracts matters for Vencore, KeyPoint, and Veritas.
Pohlad Family’s Acquisition of PaR Systems
Represented the Minnesota-based Pohlad family during its acquisition of PaR Systems, a leading provider of integrated robotic automation and specialized material handling solutions. We handled government contracts matters for the Pohlad family.
Snow Phipps’ Creation of Acentia
Represented private equity firm Snow Phipps during its creation of IT services contractor Acentia, starting with the acquisition of ITSolutions and following with the add-ons of NetStar-1 and 2020 Company. We handled all aspects of these transactions.
Veritas Capital’s Creation of Peraton
Represented private equity firm Veritas Capital during its $690 million acquisition of Harris Corporation’s government IT services business, now known as Peraton. We handled government contracts and national security matters for Veritas Capital.
Facebook Transactions
Representation of Facebook, Inc. in many transactions, including its $22 billion acquisition of WhatsApp, $2 billion acquisition of Oculus, and $1 billion acquisition of Instagram.
Internal Audits and GDPR Compliance
Assist a U.S. multinational technology company with an internal audit of their practices relating to user data and the extent to which these practices complied with their contractual and GDPR commitments.
Global Privacy Assessment and Audit for Leading Consumer Technology Company
On behalf of one of the world’s leading consumer electronics and technology companies, we completed a comprehensive global privacy audit under the laws of the U.S., the EU, and China, including an assessment of the data collection, use, and sharing practices of numerous business units (including HR data), cross-border data transfers, and adopting a going-forward privacy governance and risk-management approach and corresponding policies and procedures.
Represent BSA | The Software Alliance in a Landmark Data Protection Case Before the European Court of Justice
Represented BSA | The Software Alliance as formal intervenor in litigation before the ECJ assessing the validity of the European Commission’s Standard Contractual Clauses under the GDPR on the EU-US Privacy Shield.
February 2021
As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are facing and develop plans and strategies in response. Reach out to our COVID-19 task force at COVID19@cov.com. Below is a compendium of resources ...
Brexit Task Force
February 2021
Since the beginning of the Brexit process in 2016, Covington’s Brexit Task Force–comprised of over 40 lawyers and former senior diplomats and policymakers, in London, Brussels, Frankfurt, Dublin, and Washington–has advised clients in a wide range of industries on the challenges and opportunities created by this historic event. While the EU-UK negotiations have ...
February 26, 2021, Inside Privacy
In February 2021, the European Commission (“Commission”) released a report on European Union (“EU”) Member States’ laws governing the processing of health data. The report discusses three general types of health data uses: primary use for health care services; secondary use for public health purposes; and secondary use for scientific research purposes. For each ...
February 26, 2021, Inside Privacy
Several states have proposed new privacy bills since their sessions began. Some of the proposed bills carry over or re-introduce bills drafted in previous legislative sessions, while others are introducing first-in-time omnibus privacy bills. In the high-level chart below, we compare five of the key state privacy frameworks: the CPRA, VCDPA (which we blogged ...
February 25, 2021, Inside Privacy
Until now, damages claims awarded by German courts pursuant to Article 82 of the General Data Protection Regulation (“GDPR”) – in particular, claims for non-material damages – have been relatively low. This restrained approach thus far has been predicated primarily on the position that German law requires a serious violation of personality rights to justify...… ...
February 24, 2021, Inside Privacy
The EU’s ePrivacy Regulation, like the EU GDPR, has been highly anticipated since it was first proposed in 2017. What are the current developments and next steps in the process to enactment? What are some of the complicating factors of the proposed Regulation? Are there major differences between the initial proposal and where the text...… Continue Reading
February 24, 2021, Inside Privacy
A number of legislative proposals to amend Section 230 of the 1996 Communications Decency Act (“Section 230”) have already been introduced in the new Congress. Section 230 provides immunity to an owner or user of an “interactive computer service” — generally understood to encompass internet platforms and websites — from liability for content posted by...… ...
February 24, 2021, Inside Privacy
On February 3, 2021, the Conference of the Supervisory Authorities (“SAs”) of Germany (known as the Datenschutzkonferenz or “DSK”) published minutes from its meetings held in November 2020 (available here, in German). The minutes include discussions about how the German SAs plan to enforce the recent Schrems II ruling of the Court of Justice of...… Continue ...
February 22, 2021, Inside Tech Media
A foundation of intellectual property rights (IPR) is that authors and inventors are entitled to some level of exclusivity over their works in the form of copyrights and patents to incentivize innovation; that’s written into the Constitution. However, various voluntary open innovation practices have emerged, highlighting that developers also can benefit by ...
February 16, 2021, Inside Privacy
On February 14, 2021, the Abu Dhabi Global Market (“ADGM”), one of two significant financial services free zones in the United Arab Emirates, enacted its new Data Protection Regulations 2021 (the “Regulations”). The Regulations will come into force and replace the current Data Protection Regulations 2015 following a transition period of 12 months for ...
February 15, 2021, Inside Privacy
On February 2, 2021, the European Data Protection Board (“Board”) responded to questions submitted by the European Commission (“Commission”) on the application of the General Data Protection Regulation (“GDPR”) to health research. The Board also announced that it is currently working on guidelines on the processing of personal data for scientific research ...
February 15, 2021, Inside Tech Media
On February 11, 2021, the European Commission launched a public consultation on its initiative to fight child sexual abuse online (the “Initiative”), which aims to impose obligations on online service providers to detect child sexual abuse online and to report it to public authorities. The consultation is part of the data collection activities announced in...… ...
February 15, 2021, Inside Privacy
On February 11, 2021, the European Commission launched a public consultation on its initiative to fight child sexual abuse online (the “Initiative”), which aims to impose obligations on online service providers to detect child sexual abuse online and to report it to public authorities. The consultation is part of the data collection activities announced in...… ...
February 12, 2021, Inside Tech Media
The USPTO issued a Report in October 2020 titled Inventing AI: Tracing the diffusion of artificial intelligence with U.S. patents, along with supplementary material that describes the methodology and scope of patent related data used in the Report. Following a first report also issued in October 2020 that pertains to AI and IP policy, Inventing...… Continue ...
February 11, 2021, Inside Tech Media
On 17 December 2020, the media authority of the German federal state of Schleswig-Holstein initiated legal proceedings against Google Ireland Ltd. under Germany’s new Interstate Media Treaty (Medienstaatsvertrag – “MStV”, downloadable here, German only). The authority (Landesmedienanstalt) is investigating whether Google’s treatment of information from a ...
February 10, 2021, Inside Privacy
In this blog post, we look at a recent decision by the UK Court of Appeal and a separate prosecution brought by the Information Commissioner’s Office (“ICO”; the UK data protection authority), which together serve as a cautionary tale for employees and prospective future employers of the risks of civil liability and criminal conviction for...… Continue Reading
February 10, 2021, Covington Digital Health
On February 9, 2021, the UK Government’s Department for Health and Social Care (“DHSC”) announced a review into the efficient and safe use of health data for research and analysis for the benefit of patients in the health sector (“Review”). The DHSC encourages stakeholder feedback in the context of the Review, and will be of...… Continue Reading
February 8, 2021, Covington Digital Health
The Federal Trade Commission (“FTC”) announced this month a proposed settlement against Flo Health, Inc. (“Flo”), the developer of popular menstrual cycle and fertility-tracking application (the “Flo App”), resolving allegations that “the company shared the health information of users with outside data analytics providers after promising that such information ...
February 8, 2021, Global Policy Watch
The UK is currently ranked third in the Global AI Index (an important Japanese interest in the recent UK-Japan Trade Agreement was the potential to combine UK expertise in this field with Japanese leadership in robotics). The UK Government views Brexit as an opportunity to cement the UK as a global leader in the use...… Continue Reading
February 8, 2021, Covington Digital Health
On January 14, 2021, the United States Court of Appeals for the Fifth Circuit vacated a $4.3 million civil monetary penalty that the Office for Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) imposed against the University of Texas M.D. Anderson Cancer Center (“M.D. Anderson”). OCR ordered the penalty in 2017...… Continue Reading
February 8, 2021, Inside Tech Media
On January 6, 2021, the UK’s AI Council (an independent government advisory body) published its AI Roadmap (“Roadmap”). In addition to calling for a Public Interest Data Bill to ‘protect against automation and collective harms’, the Roadmap acknowledges the need to counteract public suspicion of AI and makes 16 recommendations, based on three main pillars,...… ...
February 8, 2021, Covington Digital Health
On January 6, 2021, the UK’s AI Council (an independent government advisory body) published its AI Roadmap (“Roadmap”). In addition to calling for a Public Interest Data Bill to ‘protect against automation and collective harms’, the Roadmap acknowledges the need to counteract public suspicion of AI and makes 16 recommendations, based on three main pillars,...… ...
February 4, 2021, Inside Tech Media
On December 30, 2020, the Federal Communications Commission (“FCC”) released a Report and Order (“Order”) that imposed certain new restrictions on nonmarketing prerecorded calls to residential lines. The action was in response to Congress’s mandate in the TRACED Act that the FCC reevaluate certain exemptions the agency previously granted regarding the consent ...
February 1, 2021, Covington Digital Health
On January 5, 2021, an amendment to the Health Information Technology for Economic and Clinical Health (“HITECH”) Act was signed into law. The amendment requires the U.S. Department of Health and Human Services (“HHS”) to “consider certain recognized security practices of covered entities and business associates when making certain determinations” regarding ...
January-February 2021, Journal of Robotics, Artificial Intelligence & Law
January 28, 2021, Global Policy Watch
Can African governments head off a sustained spike in the spread of COVID-19 and recover economically in 2021? How will the Biden administration engage the continent? Will companies implement more effective due diligence efforts in their supply chains to prevent human rights abuses? What impact will efforts to battle corruption and mitigate climate change ...
January 25, 2021, Inside Tech Media
On December 23, 2020, the European Commission (the “Commission”) published its inception impact assessment (“Inception Impact Assessment”) of policy options for establishing a European Health Data Space (“EHDS”). The Inception Impact Assessment is open for consultation until February 3, 2021, encouraging “citizens and stakeholders” to “provide views on the ...
January 25, 2021, Covington Digital Health
On December 23, 2020, the European Commission (the “Commission”) published its inception impact assessment (“Inception Impact Assessment”) of policy options for establishing a European Health Data Space (“EHDS”). The Inception Impact Assessment is open for consultation until February 3, 2021, encouraging “citizens and stakeholders” to “provide views on the ...
January 22, 2021, Covington Alert
On January 19, 2021, the Department of Commerce (“Commerce”) published an Interim Final Rule to implement provisions of Executive Order 13873, “Executive Order on Securing the Information and Communications Technology and Services Supply Chain” (May 15, 2019) (the “ICTS Order”). Unless suspended by the Biden Administration, the Rule will go into effect 60 days ...
January 21, 2021, Covington Digital Health
On 18 January 2021, the UK Parliamentary Office of Science and Technology (“POST”)* published its AI and Healthcare Research Briefing about the use of artificial intelligence (“AI”) in the UK healthcare system (the “Briefing”). The Briefing considers the potential impacts of AI on the cost and quality of healthcare, and the challenges posed by the...… Continue ...
January 21, 2021, Inside Tech Media
On 18 January 2021, the UK Parliamentary Office of Science and Technology (“POST”)* published its AI and Healthcare Research Briefing about the use of artificial intelligence (“AI”) in the UK healthcare system (the “Briefing”). The Briefing considers the potential impacts of AI on the cost and quality of healthcare, and the challenges posed by the...… Continue ...
January 20, 2021, Covington Alert
The Covington Technology Forum – Data in a Connected World, will be taking place on January 27th, 28th, and 29th. Intended for legal and business professionals who manage any aspect of the data economy for their organizations, the Forum will equip attendees with the information and insights they need in order to understand the evolving legal, regulatory and ...
January 15, 2021, Inside Tech Media
On December 16, 2020, the German Federal Government passed a draft law that substantially amends some of Germany’s information technology laws (“IT laws”). These amendments aim to adapt the current legal framework to the increasing digitalization of products and services, the proliferation of IoT products, and the appearance of new cybersecurity threats. The ...
January 15, 2021, Covington Digital Health
In addition to releasing the new EU Cybersecurity Strategy before the holidays (see our post here), the Commission published a revised Directive on measures for high common level of cybersecurity across the Union (“NIS2”) and a Directive on the resilience of critical entities (“Critical Entities Resilience Directive”). In this blog post, we summarize key ...
January 14, 2021, Global Policy Watch
On 17 December 2020, the Council of Europe’s* Ad hoc Committee on Artificial Intelligence (CAHAI) published a Feasibility Study (the “Study”) on Artificial Intelligence (AI) legal standards. The Study examines the feasibility and potential elements of a legal framework for the development and deployment of AI, based on the Council of Europe’s human rights ...
January 13, 2021, Inside Tech Media
The Federal Communications Commission (“FCC”) is seeking comment on a Notice of Proposed Rulemaking (“NPRM”) that would modify certain aspects of the FCC’s device authorization rules. Specifically, the FCC is seeking comment on a proposed revision to its device authorization rules to allow the importation of limited quantities of radiofrequency (“RF”) devices ...
The Council of Europe Publishes Feasibility Study on Developing a Legal Instrument for Ethical AI
January 13, 2021, Covington Digital Health
On 17 December 2020, the Council of Europe’s* Ad hoc Committee on Artificial Intelligence (CAHAI) published a Feasibility Study (the “Study”) on Artificial Intelligence (AI) legal standards. The Study examines the feasibility and potential elements of a legal framework for the development and deployment of AI, based on the Council of Europe’s human rights ...
January 11, 2021, Covington Digital Health
On January 6, 2021 the UK’s Department of Health and Social Care (“DHSC”) published “A Guide to Good Practice for Digital and Data-Driven Health Technologies” (the “Guidance”). The Guidance updates the DHSC’s “Code of Conduct for Data-Driven Health and Care Technologies” (the “Code”) (for further information on the Code see our earlier blog, here). As...… ...
January 2021, Covington Guide
The EU-UK Trade and Cooperation Agreement (EUTCA) reached on December 24th is a wide-ranging and complex agreement. Our Brexit Task Force offers these "bite-sized" recordings to give a snapshot of what you need to know in each area. Though the EUTCA provides the overall architecture of the future relationship in a number of areas, much of the detail must still ...
January 6, 2021, Global Policy Watch
On January 5, 2021, the CFPB’s (the “Bureau”) Taskforce on Federal Consumer Financial Law (the “Taskforce”) released a report (the “Report”) recommending how consumer protection in the financial marketplace may be improved. Chartered by the Bureau in January of 2020, the Taskforce was charged with “examin[ing] the existing legal and regulatory environment ...
January 5, 2021, Cov Financial Services
On January 5, 2021, the CFPB’s (the “Bureau”) Taskforce on Federal Consumer Financial Law (the “Taskforce”) released a report (the “Report”) recommending how consumer protection in the financial marketplace may be improved. Chartered by the Bureau in January of 2020, the Taskforce was charged with “examin[ing] the existing legal and regulatory environment ...
December 21, 2020
WASHINGTON—Covington is assisting Veritas Capital-backed Gainwell Technologies in its acquisition of HMS for approximately $3.4 billion. The transaction is expected to close in the first half of 2021. Veritas will look to optimize the HMS solution set across Gainwell and Veritas-backed Cotiviti, Inc. Gainwell will acquire the HMS capabilities focused on the ...
December 17, 2020, Covington Alert
In April 2019, the UK Government published its Online Harms White Paper and launched a Consultation. In February 2020, the Government published its initial response to that Consultation. In its 15 December 2020 full response to the Online Harms White Paper Consultation, the Government outlined its vision for tackling harmful content online through a new ...
Covington Assists Veritas Capital with Federal IT and Mission Support Services Acquisition
December 8, 2020
WASHINGTON—Covington is assisting Veritas Capital and its portfolio company Peraton with their pending acquisition of the federal IT and mission support services business of Northrop Grumman for $3.4 billion. The transaction is expected to close in the first half of 2021. Peraton is a trusted provider of highly differentiated space, intelligence, cyber, defense, ...
Covington Again Named Law360 Firm of the Year
December 1, 2020
WASHINGTON —Law360 named Covington as one of its Firms of the Year for the third consecutive year. The firm won eight Practice Group of the Year awards, tied for the most of any law firm. The recognition highlights the firm's depth and breadth of practice across its corporate, litigation, and regulatory practices, as well as key industry sectors like life ...
November-December 2020, Journal of Robotics, Artificial Intelligence & Law
October 30, 2020
WASHINGTON—Covington represented GovernmentCIO, LLC, a leading provider of high-end technology and digital solutions to the Federal Health IT Services market, in its sale to Welsh, Carson, Anderson & Stowe. GovCIO is a rapidly growing provider of advanced technology solutions and digital services to the federal government. In the 10 years since its founding, ...
October 22, 2020, Global Policy Watch
On October 6, 2020, the U.S. Patent and Trademark Office (USPTO) published a report titled Public Views on Artificial Intelligence and Intellectual Property Policy. The report summarizes the nearly 200 comments received in response to patent-related questions regarding AI set forth in a request for comments (RFC) issued by the USPTO in August 2019 and...… ...
October 14, 2020, Global Policy Watch
On September 21, 2020, the Office of the Comptroller of the Currency (“OCC”) published a letter addressing the authority of nationals banks to hold deposits that serve as reserves for stablecoins, which is a type of cryptocurrency designed to have a stable value. The OCC concludes that national banks and federal savings associations may engage...… Continue ...
October 12, 2020, Cov Financial Services
On September 21, 2020, the Office of the Comptroller of the Currency (“OCC”) published a letter addressing the authority of nationals banks to hold deposits that serve as reserves for stablecoins, which is a type of cryptocurrency designed to have a stable value. The OCC concludes that national banks and federal savings associations may engage...… Continue ...
October 5, 2020
SAN FRANCISCO— The Recorder has named Covington’s Lindsey Tonsager to its second annual list of “California Trailblazers.” The list profiles 50 lawyers who made significant marks on the practice, policy, and technological advancement of their practice. As head of Covington’s West Coast Privacy and Cybersecurity practice, Ms. Tonsager helps some of the world’s ...
September 15, 2020
WASHINGTON—Covington was recognized as a Deal of the Year winner in the Capital Markets category at the inaugural IFLR1000 United States Awards, in connection with its work as co-issuer’s counsel on Uber Technologies’ U.S. IPO on the New York Stock Exchange. Covington served as Uber’s co-counsel on its $8.1 billion initial public offering of 180,000,000 shares ...
EU's AI Regulations Could Lay Blame With CTO
August 18, 2020, Waters Technology
John Ahern is quoted in Waters Technology regarding the unintended consequences of AI regulation. Mr. Ahern shares that if the EC isn’t careful in writing future AI legislation, that the old law of unintended consequences could kick in. “What we need to be attentive to is where in the chain of liability are individuals affected. Think, for example, of the CTO: ...
August 2020, Privacy Laws & Business
July-August 2020, Intellectual Property & Technology Law Journal
July 23, 2020, Global Policy Watch
Today, the OCC released an interpretive letter concluding that national banks and federal savings associations (together, “banks”) may permissibly provide cryptocurrency custody services for customers. The letter, written by Chief Counsel Jonathan Gould, describes custody of cryptocurrency as a modern form of the traditional banking activity of providing ...
July 22, 2020, Cov Financial Services
Today, the OCC released an interpretive letter concluding that national banks and federal savings associations (together, “banks”) may permissibly provide cryptocurrency custody services for customers. The letter, written by Chief Counsel Jonathan Gould, describes custody of cryptocurrency as a modern form of the traditional banking activity of providing ...
July 17, 2020, Global Policy Watch
On 16 July 2020, the European Commission (“Commission”) announced that it has launched an antitrust sector inquiry into “consumer-related products and services that are connected to a network and can be controlled at a distance, for example via a voice assistant or mobile device.” Commission Executive Vice President and Competition Commissioner Vestager said ...
July 16, 2020, Covington Alert
On July 16, 2020, the European Commission (“Commission”) announced that it has launched an antitrust sector inquiry into "consumer-related products and services that are connected to a network and can be controlled at a distance, for example via a voice assistant or mobile device."
July 15, 2020, Covington Alert
In this update, we detail the key legislative updates in the second quarter of 2020 related to artificial intelligence (“AI”), the Internet of Things (“IoT”), cybersecurity as it relates to AI and IoT, and connected and autonomous vehicles (“CAVs”). The volume of legislation on these topics has slowed but not ceased, as lawmakers increasingly focus on the ...
June 26, 2020, Covington Alert
On June 15, 2020, U.S. Secretary of Transportation Elaine Chao announced the launch of the National Highway Traffic Safety Administration’s (“NHTSA”) Automated Vehicle Transparency and Engagement for Safe Testing (“AV TEST”) Initiative, a voluntary data-sharing initiative intended to improve safety, testing, and transparency of automated vehicle (“AV”) ...
June 23, 2020, Covington Alert
On June 22, 2020, President Trump issued a proclamation titled “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” (“June 22 Proclamation”). The June 22 Proclamation blocks the entry of foreign workers entering the United States on certain nonimmigrant visa categories, including H-1B, H-2B, ...
June 10, 2020, Covington Alert
The COVID-19 pandemic is accelerating the digital transition and the adoption of artificial intelligence (“AI”) tools and Internet of Things (“IoT”) devices in many areas of society. While there has been significant focus on leveraging this technology to fight the pandemic, the technology also will have broader and longer-term benefits. As the New York Times has ...
June 8, 2020, Covington Alert
On 19 May 2020, easyJet announced that personal data of approximately 9 million customers worldwide had been unlawfully accessed by third parties in a “highly sophisticated cyber-attack”. Data stolen by the cyber-attackers includes credit card details of 2,000 of the affected customers and, for most other customers, travel details such as departure and arrival ...
June 1, 2020, Cov Financial Services
On May 29, 2020, the Office of the Comptroller of the Currency (the “OCC”) issued a final rule to clarify that the interest on a loan originated by a national bank (or a Federal savings association), if permissible when the loan was originated, continues to be permissible after the loan is sold, assigned, or otherwise...… Continue Reading
Covington Advises Commerce Layer in Series A Preferred VC Financing and Reorganization
May 28, 2020
PALO ALTO —Covington advised Commerce Layer in its $6M Series A Preferred VC Financing, led by Benchmark with participation from Mango Capital, DAXN, PrimeSet, SV Angel, and NVInvestments. The investment required the Covington team to also reorganize Commerce Layer by establishing a US parent company for its existing Italian business. Commerce Layer provides a ...
May 15, 2020, Cov Financial Services
On April 3, 2020, the European Commission launched two public consultations on a new digital finance strategy for Europe and on a retail payment strategy for Europe, which will both run until July 15, 2020. The consultations follow two other consultations on an EU framework for markets in crypto-assets and on a potential initiative on...… Continue Reading
May 12, 2020, Cov Financial Services
On May 6, the Securities and Exchange Commission (“SEC”) issued an order (“Order”) directing the registered equity exchanges and the Financial Industry Regulatory Authority (“FINRA”) (together, the “Self-Regulatory Organizations” or “SROs”) to submit to the SEC a new National Market System (“NMS”) plan to govern the public dissemination of real-time, ...
May 7, 2020, Covington Alert
Though it seems like the distant past now, in this update we detail the notable legislative events from the first quarter of 2020 on artificial intelligence (“AI”), the Internet of Things (“IoT”), cybersecurity as it relates to AI and IoT, and connected and autonomous vehicles (“CAVs”). Prior to the slowdown in non-COVID related legislation that accompanied the ...
April 28, 2020, Global Policy Watch
Lee Tiedrich, B.J. Altvater, and James Yoon recently published an article summarizing recent developments in artificial intelligence law and policy on the University of Pennsylvania Law School’s Regulatory Review. The article primarily focuses on developments in the United States, including the National Artificial Intelligence Initiative Act introduced by ...
April 28, 2020, South China Morning Post
Yan Luo spoke with the South China Morning Post about new Chinese guidelines for operators of “critical information infrastructure,” requiring them to undergo a cybersecurity review process for any procurements that could have national security implications. According to Ms. Luo, the criteria may push companies to stay away from multinational providers that are ...
China Toughens Procurement Rules for Tech Equipment
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 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 16, 2020, Bloomberg Law
April 3, 2020, Global Policy Watch
The rapid spread of COVID-19, along with the effectiveness of existing public health response plans and the impacts of social distancing on the economy, have raised the question of how new technology can be used to address and manage the pandemic. On April 1, 2020, the Stanford Institute for Human-Centered Artificial Intelligence hosted “COVID-19 and...… ...
April 2020, Privacy Laws & Business
March 18, 2020, Covington Alert
To assist companies that are developing technology solutions to help predict, mitigate or contain the spread of COVID-19, our cross-practice digital health team has put together a checklist of considerations to keep in mind. For additional guidance, please visit our COVID-19 Legal and Business Toolkit or reach out to us at COVID19@cov.com.
Covington Assists Veritas Capital with $5 Billion Acquisition of DXC’s Health and Human Services Business
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, Cov Financial Services
On February 26, 2020, the Consumer Financial Protection Bureau hosted a symposium titled “Consumer Access to Financial Records.” Video of the Symposium is available here. The agenda included discussion among panelists from large financial institutions, fintechs, consumer groups, policy centers, and the CFPB. Director Kathleen L. Kraninger also delivered brief ...
Daily Journal Selects Covington Defense of Dropbox Inc. as one of its 2019 Top Verdicts
March 3, 2020
SAN FRANCISCO—The Daily Journal has selected Covington's successful defense of Dropbox Inc., in Ironhawk Technologies v. Dropbox Inc., as one of its 2019 Top Verdicts, recognizing the largest and most significant verdicts in California in 2019. The Covington team led by Clara Shin and Jeff Davidson secured a significant victory on behalf of Dropbox in 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 ...
US tech tycoons direct personal wealth to new frontiers
February 24, 2020, Financial Times
Tom DeFilipps spoke with the Financial Times about trends he is seeing in investors’ willingness to invest in tech start-ups. Mr. DeFilipps says he has seen little decline in Silicon Valley’s appetite for risky investments. “You have all of this wealth, and there’s just a limited amount you can do with it within the confines of the way people behave in Silicon ...
AI and Attorney Obligations Are Still Outpacing the Law
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 ...
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 ...
Covington Named a Law360 "Firm of the Year"
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 & ...
US House privacy bill differs from Senate counterparts
January 13, 2020, Global Data Review
Lindsey Tonsager is quoted in Global Data Review regarding a recently released draft privacy bill from the US House Committee on Energy & Commerce which differs from current Senate bills. With roughly a quarter of House Democrats coming from California, Ms. Tonsager told GDR that there will be major opposition to pre-emption in the House. “We’ve already seen the ...
January 10, 2020, Cov Financial Services
The House Financial Services Committee (“HFSC”) announced that it will convene hearings this month to consider both the trend of financial technology firms partnering with chartered banks to provide financial services and the rise of mobile payments. More information about the hearing schedule is available on the HFSC’s website. On January 30, the full ...
ICO hits electronics retailer with maximum pre-GDPR fine
January 10, 2020, Global Data Review
Daniel Cooper is quoted in Global Data Review regarding the UK ICO’s decision to fine DSG Retail £500,000 under pre-GDPR data protection law. The fine stems from the company being compromised by a cyberattack affecting at least 14 million people. Mr. Cooper says, “the ICO's imposition of a maximum fine appears due, in part, to the fact that it felt DSG should ...
January 9, 2020, Cov Financial Services
On December 19, 2019, the Office of the Comptroller of the Currency (OCC) appealed a decision from the U.S. District Court for the Southern District of New York holding that the OCC cannot offer special purpose national bank charters to fintech companies. Lacewell v. Office of the Comptroller of the Currency, Case 1:18-cv-08377 (S.D.N.Y. Sept....… Continue ...
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 9, 2020, Global Data Review
Daniel Cooper spoke with Global Data Review about the European Commission’s recommended changes to artificial intelligence liability rules. Mr. Cooper says the commission is keen to stress that the conclusions drawn from the report remain those of the expert group only. “One has to assume that the commission wants to be careful to test the waters first and gauge ...
January 1, 2020, Financial Times
Lindsey Tonsager spoke with the Financial Times about the California Consumer Privacy Act (CCPA) and the different ways companies are trying to comply with the new law. Addressing some companies’ efforts to create self-serve portals to handle users’ privacy requests, Ms. Tonsager says, “This works fine but if you get a high spike of data access requests — right ...
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, Cov Financial Services
On December 10, the Federal Trade Commission (“FTC”) and Consumer Financial Protection Bureau (“CFPB”) held a joint workshop on accuracy in consumer reporting. The workshop included remarks from FTC Commissioner Noah Joshua Phillips, CFPB Assistant Director for Supervision Policy Peggy Twohig, CFPB Deputy Director Brian Johnson, and FTC Deputy Director for the ...
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 26, 2019, Global Policy Watch
Shift to a services era While Africa’s trajectory remains full of daunting challenges, there is reason to be optimistic. Ratification of the Continental Free Trade Agreement demonstrates critical collaboration between African leaders, and promises to unlock the region’s potential. Equally important, growing investments in broadband ensure that affordable access ...
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 9, 2019, Global Policy Watch
On September 26, 2019, the FDA issued two revised guidance documents addressing its evolving approach to the regulation of digital health technologies. These guidances primarily describe when digital health solutions will or will not be actively regulated by FDA as a medical device. In parallel, FDA also updated four previously final guidance documents to ...
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 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 10, 2019, The Recorder
September-October 2019, The Journal of Robotics, Artificial Intelligence & Law
August 27, 2019
FRANKFURT—WirtschaftsWoche, Germany’s leading business weekly news magazine, has named Covington as the top law firm for IT law and Dr. Lars Lensdorf, a partner in Covington’s Frankfurt office, to its list of top IT lawyers in Germany. Dr. Lensdorf focuses his practice on IT law, outsourcing, digitalization and industry 4.0, IT related bank regulatory matters, ...
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 ...
July 29, 2019, Global Policy Watch
On July 23, the New York State Department of Financial Services (“DFS”) announced a new Research and Innovation Division. The Division will assume responsibility for licensing and supervising virtual currencies. It will also “assess efforts to use technology to address financial exclusion; identify and protect consumer data rights; and encourage innovations in ...
July 17, 2019, Global Policy Watch
Earlier this year, the White House issued an Executive Order on AI mandating that the National Institute of Standards and Technology develop a guide to federal engagement on AI technical standards. While the federal government’s actions have understandably garnered significant attention, state and local governments are also undertaking preliminary efforts to ...
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 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 ...
Covington Represents BSA in Landmark Data Protection Case Before Europe's Highest Court
July 9, 2019
BRUSSELS—Today, a team of Covington lawyers argued before the European Court of Justice in a landmark data protection case, Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (“Schrems II”). The case has significant ramifications for any organization that relies on the standard contractual clauses (“SCCs”) to transfer personal ...
Wanted: Lawyers Who Understand AI
July 9, 2019, Wall Street Journal
Lindsey Tonsager is quoted in the Wall Street Journal regarding the initiative to increase artificial intelligence legal practices. Ms. Tonsager says data is the fuel that drives artificial intelligence, but it can come with legal restrictions. Companies acquiring datasets need to be sure their contracts give them the right to use the data to train algorithms. ...
June 27, 2019
SAN FRANCISCO—The Daily Journal has named Lindsey Tonsager to its 2019 “Top Artificial Intelligence Lawyers,” recognizing the top artificial intelligence lawyers in California. Ms. Tonsager co-chairs the firm’s Artificial Intelligence Initiative, which is a cross-functional practice advising companies developing or utilizing AI technologies. She is advising ...
Covington Represents Peraton in Solers Acquisition
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 ...
Expert Q&A on the EU Cybersecurity Act
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 ...
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.
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 ...
Connected and Automated Vehicles Webinar Series: Levering Data in a Connected World
April 18, 2019
This webinar covered such topics as: Securing rights to use data created by connected and automated vehicles (CAVs); Key elements of a data strategy for connected and autonomous vehicles; the data risks involved with CAVs including privacy, cybersecurity, and law enforcement; and best practices in negotiating commercial agreements involving data.
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 ...
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, ...
2019 Dealmakers of the Year
March 2019, The American Lawyer
The American Lawyer has recognized Covington in its 2019 Dealmakers of Year.
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, 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 20, 2019, Global Policy Watch
Artificial intelligence is your new insurance claims agent. For years, insurance companies have used “InsurTech” AI to underwrite risk. But until recently, the use of AI in claims handling was only theoretical. No longer. The advent of AI claims handling creates new risks for policyholders, but it also creates new opportunities for resourceful policyholders to ...
March 18, 2019
NEW YORK—Covington represented Rothschild & Co US Inc. and Greenhill & Co., financial advisors to NII Holdings, Inc., in its sale of Nextel Brazil to América Móvil for a purchase price of $905 million on a debt-free and cash-free basis. The sale represents the disposition of NII's sole remaining operating asset. Additionally, in connection with the transaction, ...
March 13, 2019, Global Policy Watch
On March 11, 2019, a bipartisan group of lawmakers including Sen. Mark Warner and Sen. Cory Gardner introduced the Internet of Things (IoT) Cybersecurity Improvement Act of 2019. The Act seeks “[t]o leverage Federal Government procurement power to encourage increased cybersecurity for Internet of Things devices.” In other words, this bill aims to shore up...… ...
March 11, 2019, Global Policy Watch
Since the Federal Communications Commission (“FCC”) repealed the 2015 net neutrality rules last year, federal and state lawmakers have debated how to address the issue of net neutrality going forward. We previously have discussed some of the state net neutrality laws that were enacted, including California’s law, which currently is on hold pending the ...
Spring 2019, The NYU Journal of Intellectual Property and Entertainment Law
Connected and Automated Vehicles Webinar Series: What's Going on with U.S. Law and Regulations?
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 22, 2019, Global Policy Watch
Last week, the Commerce Department officially named the 25 individuals appointed to the American Workforce Policy Advisory Board. This announcement is the latest in a series of steps that the Trump Administration has taken to implement its workforce policy agenda. With the Advisory Board set to begin work, it is a good time to assess...… Continue Reading
February 14, 2019, Global Policy Watch
On February 12, 2019 the Department of Defense released a summary and supplementary fact sheet of its artificial intelligence strategy (“AI Strategy”). The AI Strategy has been a couple of years in the making as the Trump administration has scrutinized the relative investments and advancements in artificial intelligence by the United States, its allies and...… ...
February 12, 2019, Law360
We are proud to partner with our client Uber in support of the first-of-its-kind Law in Technology Diversity Collaborative to help expand the pipeline of diverse lawyers. The summer internship program includes seven tech companies and 12 law firms that will provide opportunities for women and underrepresented minorities in technology law.
Leading California Technology M&A Lawyer Joins Covington
February 11, 2019
SAN FRANCISCO—Denny Kwon has joined Covington as a partner in its Corporate Practice in San Francisco. Mr. Kwon represents numerous public and private companies, private equity firms, and investment banks in a wide range of M&A transactions. His transactional experience includes the acquisition and sale of domestic and foreign public companies, private ...
February 6, 2019
NEW YORK—Covington has advised Sensyne Health, the British clinical AI technology company, on its agreement with Jefferson Health to evaluate the clinical and commercial potential of its GDm-Health™ system in the United States. GDm-Health is a direct patient-to-clinician blood glucose monitoring management system specifically designed for the management of ...
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 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, ...
January-February 2019, The Journal of Robotics, Artificial Intelligence & Law
Covington Advised SK Holdings in $100M Investment
January 30, 2019
PALO ALTO—Covington advised South Korea-based SK Holdings in its $100 million investment in Kinestral Technologies, Inc. The Series D funding round was led by SK Holdings and included existing Kinestral investors like 5AM Ventures, Alexandria Real Estate, Capricorn Investment Group, and Versant Ventures. Headquartered in the San Francisco Bay Area, Kinestral ...
2019, The Internet of Things - Legal Issues, Policy, and Practical Strategies
December 3, 2018, Global Policy Watch
Congress is working to better understand the growing Internet of Things (“IoT”) industry—and soon may be asking industry stakeholders for input. On Wednesday, November 28, the U.S. House of Representatives unanimously passed legislation designed to provide Congress with greater insights into the inner workings of the IoT industry and to promote collaboration ...
November 15, 2018
PALO ALTO—Covington advised Standard Cognition, which provides artificial intelligence-powered autonomous checkout solutions for brick and mortar retailers, in raising a $40 million round of Series A Preferred Stock investment. Available to any retailer, the Standard Cognition solution allows consumers to shop and pay without waiting in line, scanning, or ...
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 ...
October 2018, Privacy Laws & Business International Report
September 28, 2018
FRANKFURT—Covington advised Investcorp Technology Partners on its acquisition of Berlin-based Softgarden, a human resources software provider. Investcorp is a leading global provider and manager of alternative investments and has $22.6 billion in total assets under management, including assets managed by third party managers and assets subject to a ...
What California's new law on internet-connected devices means for Bay Area tech companies
September 21, 2018
Lindsey Tonsager is quoted in the San Francisco Business Times regarding California’s new cybersecurity bill regulating internet-connected devices. Ms. Tonsager believes the vagueness of the “reasonable” standard makes the law flexible. She says, “It’s really helpful that the legislation acknowledges flexibility in identifying which standards are reasonable. ...
September 17, 2018, Law360
Lindsey Tonsager is quoted in Law360 regarding California’s newly enacted rules mandating security features for internet-connected devices. Makers of IoT devices will be required under Senate Bill 327 to equip products with "reasonable security features." Ms. Tonsager says, "The 'reasonable security' standard is quite flexible, which is good when operating in a ...
August 30, 2018, Global Policy Watch
On Friday August 24, the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) published a proposed rule in the Federal Register: The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (“Proposed Rule”). 83 Fed. Reg. 42817. The long-anticipated rulemaking ...
August 13, 2018, Global Policy Watch
On July 20, 2018, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) published comments it received from a wide array of tech and telecom companies, trade groups, civil society, academia, and others regarding its “international Internet policy priorities for 2018 and beyond.” NTIA’s Office of International ...
IoT Update: The European Electronic Communications Code – Developing the Future of IoT in the EU
August 10, 2018, Global Policy Watch
The European Commission estimates that the global market for the Internet of Things (“IoT”) will grow to 75.4 billion devices by 2023. It also estimates that the economic value of spectrum enabled services is at present worth €500 billion per year. This is expected to increase by 200% – up to €1 trillion a year...… Continue Reading
July 25, 2018, Global Policy Watch
Blockchain technology has the potential to revolutionise many industries; it has been said that “blockchain will do to the financial system what the internet did to media”. Its most famous use is its role as the architecture of the cryptocurrency Bitcoin, however it has many other potential uses in the financial sector, for instance in...… Continue Reading
Covington Advises Senvion Group on Global Outsourcing
July 6, 2018
FRANKFURT—Covington advised Senvion Group on the global outsourcing of its IT infrastructure, network, and application services. The outsourcing includes the transformation of the global legacy data center environment into a new hybrid cloud environment. Founded in Germany, Senvion is a global manufacturer of onshore and offshore wind turbines and has installed ...
May 10, 2018, Global Policy Watch
As policymakers weigh the many policy implications associated with the Internet of Things (“IoT”), U.S. lawmakers have put forward a variety of proposals for studying—and regulating—IoT devices. Although the likelihood of current proposals becoming law this term remain uncertain at best, existing legislative proposals provide important context and insight into ...
April 18, 2018, Global Policy Watch
Today, 34 global technology and security companies announced that they have signed a Cybersecurity Tech Accord, which publicly commits them “to protect and empower civilians online and to improve the security, stability and resilience of cyberspace.” The signatories include Cisco, Dell, Facebook, HP, Intuit, and Microsoft.The text of the Accord references ...
April 12, 2018, The Recorder
The Recorder highlights the arrival of Suzanne Bell to Covington's Technology Transactions practice. Bell says she was attracted to the firm's strong regulatory practice given the increased intersection between the technology sector and government regulations. Bell adds that she is looking forward to using her experience in technology transactions to assist ...
Giving The Middle Class Credit: With Latest Bill, Congress Is Taking A Step In The Right Direction
March 2, 2018, Global Policy Watch
Bank-fintech partnerships are good for consumers and banks, as I recently explained in testimony to Congress during a hearing on the opportunities and challenges in the fintech marketplace. Consumers benefit because banks are able to use fintech to deliver safer, more transparent, lower cost and more convenient financial products and services to consumers over ...
January 31, 2018, Global Policy Watch
The European Commission (“EC”) has stated that the almost limitless list of potential use cases of distributed ledger technology (“DLT”) makes it both very promising and challenging, and has expressed its support for blockchain and DLT.[1] However, many European institutions are still of the opinion that the technology is at its early stage of development,...… ...
November 10, 2017
BRUSSELS—Politico has named Covington partner Miranda Cole to its “2017 Women Who Shape Brussels” list, a group of “20 powerhouses driving debates and influencing policy in 2017.” In its profile of Ms. Cole, the publication highlights her defense of leading technology clients, including Microsoft, Facebook, and Verizon, before the European Commission. Politico ...
May 10, 2017, Silicon Valley Business Journal
Emily Henn was profiled by Silicon Valley Business Journal as a part of the publication's "Women of Influence" feature, honoring 100 of the most influential business women in Silicon Valley.
May 2017, Pratt's Government Contracting Law Report
April 26, 2017
SILICON VALLEY—Silicon Valley Business Journal has named Covington partner Emily Henn to its annual “Women of Influence” list, honoring “100 of the most influential business women in Silicon Valley.” Ms. Henn serves as co-chair of the firm’s Class Action Litigation Practice, specializing in defending antitrust, consumer, and other types of class actions. Ms. ...
April 20, 2017, Law360
Earlier this month, in Maloney v. T3Media Inc.,[1] the Ninth Circuit held that former college athletes could not assert a right of publicity to prevent the NCAA and its licensee, T3Media, from distributing images of the players. The court ruled that the players’ right of publicity was preempted by Section 301 of the Copyright Act because photographs of the ...
April 19, 2017, Law360
President Donald Trump took a significant step this week toward implementing his often touted objective of protecting U.S. manufacturers and workers by signing the “Presidential Executive Order on Buy American and Hire American” on April 18, 2017. In addition to addressing reforms to the H1-B visa program to protect U.S. workers, the EO sets forth a policy and ...
Future of the Music Industry
April 14, 2017, Harvard Law School Entertainment Symposium
March 30, 2017
SILICON VALLEY—Former Patent Trial and Appeal Board (PTAB) judges Peter Chen and Scott Kamholz have joined Covington’s Patent Office Trials Practice. Mr. Chen and Dr. Kamholz are the only former PTAB judges to enter private practice who have overseen Leahy-Smith America Invents Act of 2011 (AIA) trial proceedings from institution through final decision. Peter ...
GDPR Planning and Preparation Conference for Employers
March 30, 2017, Business Forums International Ltd.
February 28, 2017
WASHINGTON—Covington represented semiconductor manufacturer Intersil Corporation in its $3.2 billion sale to Japan’s Renesas Electronics Corporation. The firm advised Intersil on aspects of the transaction involving Committee on Foreign Investment in the United States (CFIUS), Foreign Ownership, Control, or Influence (FOCI), trade controls, and government ...
2 Disputes Lawyers Move To Covington Amid KWM Collapse
January 17, 2017, Law360
Jeremy Wilson is quoted in a Law360 article regarding the arrival of Craig Pollack and Louise Freeman to the firm’s European Dispute Resolution practice. According to Wilson, “The firm’s growing footprint in London is a reflection of client demand that is fueled by the increasingly challenging regulatory and compliance environment, and the fact that London is, ...
January 16, 2017
LONDON—Craig Pollack and Louise Freeman have joined Covington as partners in the firm’s European Dispute Resolution practice resident in London. Mr. Pollack will also serve as co-chair of the firm’s Global Disputes Initiative with former U.S. Attorney General Eric Holder and former U.S. Under Secretary of State Alan Larson. Mr. Pollack focuses on complex high ...
Six Covington Lawyers Named Law360 MVPs
January 3, 2017
WASHINGTON—Law360 has named six Covington lawyers as MVPs in their respective practice areas. The awards single out lawyers from across various 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. ...
Gov't Contracts MVP: Covington & Burling's Jay Carey
December 12, 2016, Law360
Law360 selected Jay Carey as a 2016 Government Contracts MVP and profiled his involvement in a number of major bid protests by federal contractors in a variety of industries, such as UnitedHealth’s challenge to $58 billion Tricare contracts. According to Carey, “One of the things I really enjoy about it is that every protest is a challenge in terms of learning ...
Insurance MVP: Covington & Burling’s Marty Myers
December 1, 2016, Law360
Law360 selected Marty Myers as a 2016 Insurance MVP and profiled his work over the past year, including his representation of World Fuel Services which scored the company a $24.5 million reward for insurance coverage related to a $17 million marine cargo loss off the coast of West Africa. “Each case suggests its own strategies,” Myers says. “In part, it’s being ...
September 19, 2016, Covington Alert
On September 13, 2016, Jun Ping Zhang (“Zhang”), former head of Harris Corporation’s (“Harris”) subsidiary in China, agreed to pay $46,000 to settle allegations by the U.S. Securities and Exchange Commission (“SEC”) that Zhang knowingly authorized and facilitated bribes to Chinese government officials at state-owned hospitals and local health departments and ...
September 13, 2016, Daily Journal
Tom DeFilipps and Doug Gibson are quoted in a Daily Journal article regarding DeFilipps’ move to Covington’s Silicon Valley office. Commenting on the draw to Covington DeFilipps says, “One of the more compelling aspects of the Covington platforms is the way it allows you to meld the strength of its regulatory practice in D.C. and non-U.S. jurisdictions, like ...
September 13, 2016, The Recorder
Tom DeFilipps and Doug Gibson are quoted by The Recorder in an article regarding DeFilipps’ recent move to Covington, where he will serve as chair of the West Coast corporate practice. According to DeFilipps, “Covington presented to me an opportunity to do something that sounded very interesting at this point in my career.” He continues, "I felt as though it was ...
Silicon Valley Dealmaker Joins Covington
September 13, 2016, ABF Journal
Timothy Hester and Tom DeFilipps are quoted in an ABF Journal article regarding the arrival of DeFilipps to Covington. According to Hester, “Adding Tom to our Silicon Valley office is a major step forward in our plan for continued growth in California.” DeFilipps says, “I am very pleased to join Covington’s growing California practice.” He continues, “I am ...
Leading Silicon Valley Dealmaker Joins Covington
September 12, 2016
SILICON VALLEY—Tom DeFilipps has joined Covington as a partner in the Silicon Valley office and will serve as chair of the West Coast Corporate practice. “Adding Tom to our Silicon Valley office is a major step forward in our plan for continued growth in California,” said Timothy Hester, Covington’s chair. “Tom has built a successful Northern California ...
September 12, 2016, Law360
Timothy Hester and Tom DeFilipps are quoted in a Law360 article regarding DeFilipps’ recent arrival. According to Hester, “Adding Tom to our Silicon Valley office is a major step forward in our plan for continued growth in California.” He continues, “Tom has built a successful Northern California corporate practice over many years and has a demonstrated track ...
Fall 2016, AIPLA Quarterly Journal, Vol. 44, No. 4
UK Votes to Leave the EU
June 24, 2016, Covington Alert
The UK has voted to leave the European Union in an advisory referendum. 52% leave - 48% remain. Were the UK to leave the EU, this would have significant implications for the UK and for international businesses operating in the UK. The longer term impact of the decision on the regulatory framework for the UK will depend, in part, on the relationship that the UK ...
April 6, 2016, Federal Contracts Report
Scott Freling is quoted in a Federal Contracts Report article regarding a recent COFC ruling that allowed Starry, an IT firm challenging solicitation cancellation, to depose HHS officials due to an alleged bias. According to Freling, allegations of bias often fail to gain traction during bid protest litigation because it is difficult to allege sufficient ...
December 22, 2014
WASHINGTON, December 22, 2014 — The Global Competition Review (GCR) has named Covington & Burling to its Global Elite, a list of the top 20 competition practices worldwide, ranking it among the top practices in both Brussels and Washington, D.C. Each year, GCR undertakes extensive analysis of competition law groups in 50 jurisdictions around the world. In ...
October 1, 2014, Inside Cybersecurity
Covington's David Fagan and Marialuisa Gallozzi are quoted in this article regarding a symposium co-hosted by Covington & Burling and George Washington University's Cybersecurity Initiative titled "Cybersecurity for Government Contractors." "That is the bubble that we're sitting on at this moment," said Covington and Burling insurance attorney Marialuisa ...
Covington Snags Insurance Pro From Jones Day
May 14, 2014, Law360
Covington partner Marty Myers is featured in this article about his recent move to the firm.
Business of Law
May 12, 2014, Bloomberg
Marty Myers is mentioned in Bloomberg regarding his recent move to Covington: "Covington & Burling LLP said Martin H. Myers joined its insurance recovery practice, representing corporate policyholders in complex coverage disputes with insurers. Myers, who joins the firm as a partner in San Francisco, was previously at Jones Day."
11/7/2012
WASHINGTON, DC, November 7, 2012 — Covington & Burling received 97 first-tier practice rankings in the 2013 “Best Law Firms” survey by U.S. News-Best Lawyers, placing Covington among the top 10 firms nationwide. Covington was also named “Law Firm of the Year” in both FDA Law and Corporate Compliance Law. The honor is presented to one law firm in each of the ...
July 22, 2010, Covington Advisory
November-December 2019, Journal of Robotics, Artificial Intelligence & Law
- Law360, Technology Practice Group of the Year (2019 and 2020)
- Wirtschaftswoche, "Top Law firm 2019 for IT Law in Germany" (2019)

The Journey to Developing Connected and Autonomous Vehicles
Bringing advanced connected and autonomous vehicles (CAVs) to market requires navigating a complex series of commercial, legal, and regulatory challenges.
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