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- Home
- Practices and Industries
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- Software
Covington’s breadth of practices and history of working with software clients on a global basis provides us with a deep understanding of the business and legal issues confronting companies in the software sector. We are able to integrate the various legislative and regulatory, transactional, intellectual property and litigation resources within the firm in order to serve as trusted advisors to our software clients.
Advise Software Companies in EU and National Legislation
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.
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.
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.
Trade Secret Litigation Involving Electronic Design Automation
Representation of Hewlett-Packard in a trade secret case involving electronic design automation (EDA) technology.
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.
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.
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 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.
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.).
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.
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.
Advising Global Automotive Suppliers on Open Source Issues
Advising one the leading global automotive suppliers in complex open source issues.
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).
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.
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.
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.
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 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.
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.
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 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.
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 Procurements
Advising major American multinational technology and ecommerce company on issues related to procuring enterprise software and technology solutions.
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.
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.
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.
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.
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.
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.
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.”
Spring 2019, The NYU Journal of Intellectual Property and Entertainment Law
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 ...
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 ...