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- Appellate and Supreme Court
Covington’s Appellate and Supreme Court practice has been recognized by The American Lawyer for its “glowing reputation for appellate work” and “creativity,” which allows the firm to “dominate in appellate courts.”
The group includes more than 60 lawyers and draws on the expertise of a former U.S. court of appeals judge, a former U.S. district judge, four former Assistants to the Solicitor General of the United States, 18 former Supreme Court clerks, and former law clerks from every federal court of appeals.
Our appellate lawyers frequently are retained to take an appeal from an adverse lower court ruling. Members of the appellate litigation group also litigate legal issues in trial courts, functioning as members of a fully integrated trial team. In addition, our appellate lawyers analyze legal issues of importance to clients before they arise in litigation.
Return Mail Inc. v. U.S. Postal Service
Covington won a precedent-setting dispute before the U.S. Supreme Court on behalf of Return Mail, Inc. in a case that attracted significant attention in the patent field, particularly within industries that involve competition or collaboration with the federal government. The case centered around the U.S. Postal Service's attempt to invalidate Return Mail's patent through an administrative proceeding at the U.S. Patent and Trademark Office. In a 6-3 decision, the Supreme Court ruled in Return Mail's favor and held that the government is not a “person” capable of instituting an administrative review proceeding under the America Invents Act. The ruling concludes a pivotal chapter in Return Mail’s 15-year, multi-forum fight to enforce its patent rights against the government, while defending against the U.S. Postal Service's attempt to invalidate its patent.
Fifth Third Bancorp v. Dudenhoeffer
In a unanimous decision, the Supreme Court vacated a ruling that had gone against our client Fifth Third Bancorp in an ERISA case concerning Employee Stock Ownership Plans (ESOPs). The Court held that ESOPs are subject to rules designed to weed out meritless stock-drop cases at an early stage of the litigation.
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.
Cardona v Chiquita Brands International
Covington successfully represented Chiquita against a series of Alien Tort Statute claims filed by more than 6,000 individual plaintiffs in Colombia. The U.S. Court of Appeals for the Eleventh Circuit dismissed the cases for lack of jurisdiction, agreeing that they involved conduct committed entirely abroad.
McCarrell v. Hoffmann-LaRoche Inc. and Roche Laboratories Inc.
Covington scored a major victory for Hoffmann-La Roche when, for the second time, the firm convinced the New Jersey Appellate Division to reverse a 2010 state court verdict in a case regarding side effects of the manufacturer’s drug Accutane. Covington has prevailed in all thirteen appeals in the Accutane litigation and has obtained reversals of all six adverse jury verdicts that have received appellate review.
Lopez v. Gonzalez
Covington successfully represented Jose Lopez in an immigration case, in which the Supreme Court held that a conviction in state court for a drug offense that is a felony under state law but only a misdemeanor under federal law is not an “aggravated felony” for immigration purposes.
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.).
Association of Public Television Stations in Office of Communication of the United Church of Christ Inc., v. FCC
Representation of the Association of Public Television Stations on whether public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements.
Amylin Pharmaceuticals, Inc. v. Eli Lilly and Company
Covington successfully represented Eli Lilly and Company in a significant commercial dispute with a business partner. The U.S. Court of Appeals for the Ninth Circuit affirmed the District Court’s denial of Amylin’s motion for a preliminary injunction that would have limited the medications that Lilly’s diabetes sale force could promote.
API Amicus Curiae in U.S. Supreme Court
American Petroleum Institute as an amicus curiae in a U.S. Supreme Court case concerning the alleged “constructive” termination of a franchisor who sued under the PMPA.
NFL Lockout Class Action
Represented the National Football League in a class action antitrust case in which the NFL Players Association and ten prominent players sought to enjoin the NFL’s lockout of its player-employees. The U.S. Court of Appeals for the Eighth Circuit ruled for the National Football League, vacating the injunction entered by the District Court on the ground that the injunction violated the Norris-LaGuardia Act, which prohibits judicial interference in labor disputes.
BSA and Other Software Publishers in Preparation of Amicus Briefs
Representation of Business Software Alliance and software publishers in preparation of amicus briefs filed in appellate and Supreme Court cases involving seminal copyright issues, including the Napster, AOL and Grokster cases.
CBS Corp. v. FCC.
Covington successfully represented CBS against a threat by the FCC to make hundreds of thousands of pages of highly confidential programming contracts and negotiation materials available to hundreds of third parties. The D.C. Circuit ruled in favor of CBS, stating the FCC’s decision was “both substantively and procedurally flawed.”
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.
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.
In re Zyprexa Products Liability Litigation
Covington successfully represented Eli Lilly and Company in a major RICO class action involving the prescription drug, Zyprexa. After the District Court denied Lilly’s motion for summary judgment and certified a class of tens of thousands of “third party payor” plaintiffs, the U.S. Court of Appeals for the Second Circuit reversed those decisions, holding that the case could not proceed as a class action, and that Lilly was entitled to summary judgment on plaintiffs’ claim that the price of Zyprexa was too high.
U.S. Appeals Court Shoots Down FCC Merger-Review Disclosure Order
Successful representation of CBS Corporation, The Walt Disney Company, Twenty-First Century Fox, Inc., Scripps Networks Interactive Inc., Time Warner Inc., Univision Communications Inc., and Viacom Inc. Borrego Solar Systems, Inc. against the Federal Communications Commission (FCC) in connection with the disclosure of programming contracts with pay-TV providers as part of the FCC’s review of pending cable and satellite mergers.
Murphy v. Verizon Communications, Inc., et al.
Covington successfully represented Verizon in an ERISA class action case brought by three retirees claiming the transfer of their pensions to a spin-off company violated various requirements of ERISA. The Fifth Circuit granted summary judgment in favor of Verizon after discovery. When the case grew to a class action, the Fifth Circuit eventually affirmed the dismissal of all claims.
National Federation of Independent Business v. Sebelius
The Supreme Court appointed Covington’s Robert Long to brief and argue a preliminary issue in this case: whether the Anti-Injunction Act barred challenges to the minimum coverage provision of the Patient Protection and Affordable Care Act of 2010. Covington’s arguments were relevant to the Court’s ultimate holding that Affordable Care Act’s penalty for failing to obtain health insurance is a tax for constitutional purposes.
Refining and Marketing Joint Venture Antitrust Challenge
American Petroleum Institute as an amicus curiae in a U.S. Supreme Court case concerning an antitrust challenge to a refining and marketing joint venture.
Robertson v. United States ex rel. Watson
Covington successfully represented Wykenna Watson in a constitutional challenge to a District of Columbia law that allows victims of domestic abuse to pursue criminal contempt proceedings for violations of civil protective orders. Following oral argument, the Supreme Court agreed with Covington’s suggestion that the case should be dismissed.
Successful Challenge to Federal Renewable Fuel Standards Under the Clean Air Act
Represented the American Petroleum Institute in a challenge to federal renewable fuel standards under the Clean Air Act that resulted in the U.S. Court of Appeals for the District of Columbia Circuit ruling in favor of our client.
Utility Air Regulatory Group v. EPA Amicus Brief
Prepare and submit amicus brief to the Supreme Court on behalf of legislators in Utility Air Regulatory Group v. EPA, 134 S. Ct. 2427 (2014).
Watters v. Wachovia Bank, N.A.
Covington successfully represented Wachovia Bank in a National Bank Act preemption case. In ruling for Wachovia, the Supreme Court held that the state law at issue was preempted because national bank operating subsidiaries are supervised exclusively by the federal Office of the Comptroller of the Currency.
Center for Sustainable Economy, Petitioner v. Sally Jewel and Bureau of Ocean Energy Management, Respondents American Petroleum Institute, et al., Intervenors
Covington successfully represented the American Petroleum Institute, Independent Petroleum Association of America, U.S. Oil & Gas Association, and International Association of Drilling Contractors in a lawsuit seeking to block a federal program which provides the basis for all oil and gas leasing in offshore federal waters. The D.C. Circuit ruled that the Government had rationally and appropriately balanced the environmental, social, and economic values at stake in proceeding with the leasing program.
Supreme Court Backs Suits Challenging School Policies That Seek Only ‘Nominal’ Damages
March 8, 2021, Education Week
Kevin King spoke with Education Week about the Supreme Court’s ruling in a case involving students’ free speech rights on school and college campuses. Mr. King says, “The court’s decision is a win for civil rights. By reaffirming that parties may sue even when a violation does not cause easily identifiable harm, this decision will ensure that the courthouse ...
March 8, 2021, Law360
Kevin King is quoted in Law360 regarding the Supreme Court’s ruling in a case involving students’ free speech rights on school and college campuses. Mr. King said, “that an issue to watch now is whether lower courts will adopt the suggestions by Justices Roberts and Kavanaugh to allow defendants to avoid judgment on the merits by paying the nominal damages. It ...
January 26, 2021, The National Law Journal
Beth Brinkmann spoke with The National Law Journal about her previous role as Deputy Assistant Attorney General in the U.S. Department of Justice, Civil Division where she oversaw the Division’s nationwide appellate litigation. Ms. Brinkmann explained that, “The job provides the opportunity to represent countless federal agencies and officials and to handle a ...
IPM’s podcast: 2020 in review
December 11, 2020, Intellectual Property Magazine
Beth Brinkmann highlights top IP Supreme Court cases of the year. Beth also opines on what the passing of Justice Ruth Bader Ginsburg could mean for IP law in a podcast for Intellectual Property Magazine.
December 8, 2020, SCOTUSblog
Supreme Court argument tips, cracking the glass ceiling for hiring women in the Solicitor General's Office, and giving birth one day and winning a SCOTUS case the next -- hear these stories and more from Beth Brinkmann on SCOTUSblog’s podcast, “SCOTUS Spotlight.”
Court Strikes Down Limitations on DACA Program
November 16, 2020, SHRM
Jeffrey Davidson spoke with SHRM about the U.S. Supreme Court’s ruling that the DACA program should not have been overturned. Mr. Davidson says the opinion left open the possibility that the administration could issue a new rescission of DACA if it considered factors that it ignored the first time.
November 2, 2020
WASHINGTON—The National Law Journal named Covington to its 2020 “Appellate Hot List.” Lawyers and law firms featured in the annual special report were recognized for winning “high-profile and high-stakes wins in the nation’s highest appellate courts across a number of practice areas—from Constitutional rights to immigration law to pharmaceutical and intellectual ...
August 3, 2020
WASHINGTON —The National Law Journal has named Covington partner David Zionts a “DC Rising Star,” recognizing him as one of the “region’s 40 most promising lawyers age 40 and under.” In his profile, Mr. Zionts described his biggest win from his career, saying, “I’m proud of many victories in my appellate practice, but the win that stands out the most came at the ...
SCOTUS Upholds TCPA; Questions on What's a Robocall
July 7, 2020, Communications Daily
Kevin King is quoted in Communications Daily regarding the Supreme Court case Barr v. American Association of Political Consultants, which determined the constitutionality of the Telephone Consumer Protection Act. Mr. King says, “The Court's severability ruling means that the case likely will have limited practical significance for regulated parties. Although ...
July 6, 2020, Law360
Eric Mogilnicki is quoted in Law360 regarding the Supreme Court's decision settling the long-standing debate around the constitutionality of the Consumer Financial Protection Bureau. Mr. Mogilnicki says the move to remand the case nevertheless "suggests that ratification is a live legal issue.” He adds, “Although the court doesn't quite say that ratification is ...
IPM's podcast: episode one – analysing Arthrex
July 3, 2020, Intellectual Property Magazine
Beth Brinkmann appeared on Intellectual Property Magazine’s podcast to discuss the U.S. Court of Appeals for the Federal Circuit’s ruling in Arthrex v. Smith & Nephew. The court determined that the appointment of administrative patent judges by the Secretary of Commerce was unconstitutional.
July 3, 2020, Bloomberg Law
Jeffrey Davidson spoke with Bloomberg Law about his experience representing the University of California and its president pro bono in an effort to protect DACA. Mr. Davidson says the decision ensures nearly “700,000 people get to continue their lives without worrying about being thrown out of their jobs or arrested and deported.” He adds that the case had ...
June 30, 2020, Bloomberg Law
Eric Mogilnicki spoke with Bloomberg Law about the Supreme Court’s case considering the constitutionality of the Consumer Financial Protection Bureau, which has led to an examination of its past actions. Mr. Mogilnicki says the Supreme Court may have “opened Pandora’s box” that could allow companies to nullify enforcement actions and even regulations from when ...
Supreme Court Preserves DACA
June 18, 2020
WASHINGTON—The Supreme Court of the United States, in a 5-4 ruling, struck down the Trump Administration’s attempt to rescind the Deferred Action for Childhood Arrivals (DACA) program, which provides individuals who were brought to the U.S. as children the opportunity to live and work legally in United States. Covington has represented the University of ...
May 13, 2020, The National Law Journal
Beth Brinkmann spoke with The National Law Journal about the historic U.S. Supreme Court teleconference arguments during the COVID-19 pandemic. Ms. Brinkmann says, “The participation by Justice Thomas is a real benefit of the phone format. His questions to the advocates allow them the opportunity to address his concerns. It also means that the conversation can ...
IPM's Making Waves: Beth S Brinkmann
January 24, 2020, Intellectual Property Magazine
Beth Brinkmann was featured in Intellectual Property Magazine’s “Making Waves” to discuss her career as an intellectual property lawyer. Ms. Brinkmann told IPM that she entered intellectual property law because the practice was becoming more robust in the U.S. and financially significant to the tech and biotech industry. She later supervised the amicus briefs ...
Health Care Cases To Watch In 2020
January 1, 2020, Law360
Anna Kraus spoke with Law360 about Texas v. U.S., a Republican-led challenge to the ACA's constitutionality. "Ultimately, the outcome of this case could affect almost everyone in the country.” She adds that the case is “by far the most important case to watch in 2020.”
January 1, 2020, Law360
Eric Mogilnicki is quoted in Law360 regarding the constitutionality of the Consumer Financial Protection Bureau (CFPB), in Seila Law v. CFPB, a case that will be heard before the Supreme Court in 2020. Mr. Mogilnicki says, “The irony is that Republican resistance to former CFPB Director Richard Cordray” — who was nominated by former President Barack Obama — ...
November 27, 2019, Bloomberg Law
Eric Mogilnicki spoke with Bloomberg Law about the Supreme Court’s scheduling of arguments in Seila Law LLC v. CFPB, a case which will determine the Consumer Financial Protection Bureau’s constitutionality. Mr. Mogilnicki commented on a potential CFPB challenge involving All American Check Cashing Inc., saying regardless of whether the Supreme Court takes All ...
October 25, 2019
WASHINGTON—The National Law Journal has named Covington to its “Appellate Hot List” for the eighth time. Lawyers and law firms featured in the annual special report were recognized for winning “key matters before the U.S. Supreme Court and federal courts of appeals.” Over the past two years, lawyers in Covington’s Appellate and Supreme Court practice ...
October 11, 2019, Bloomberg Law
Kevin King is quoted in Bloomberg Law regarding the U.S. Supreme Court’s recent rejection of several patent petitions. Mr. King says, “It’s always a challenge in patent cases, a puzzler to show that the issue has a broader impact. I think successful cases do that. They show this isn’t just about the parties. These issues have lasting consequences.”
September 9, 2019
WASHINGTON, September 9, 2019—Law360 named Covington partners Andrew Soukup and David Zionts to its list of “2019 Rising Stars.” This annual recognition honors top lawyers under 40 “whose legal accomplishments transcend their age.” Mr. Soukup's Law360 Class Action profile can be found here. Andrew Soukup is a litigator and co-chair of the firm’s Class Action ...
August 26, 2019, The National Law Journal
Beth Brinkmann spoke with the National Law Journal and discussed her recent win at the Supreme Court, her former national appellate practice for the federal government, and the role of other women Supreme Court clerks as leaders at Covington. Ms. Brinkmann marked her 25th argument before the Supreme Court with a win in a major patent case against the federal ...
Taking a Swing As a SCOTUS Clerk
August 14, 2019, National Law Journal
Mark Mosier spoke with the National Law Journal about his career in professional baseball and the influence it has had on his legal career. Mr. Mosier, a San Francisco Giants draftee who played two seasons in the minor leagues, says, "It was a great experience, but with a demanding lifestyle and a high stress level." The “do the best you can” attitude he learned ...
July 29, 2019
WASHINGTON—The National Law Journal has named Covington partner Anne Lee a “DC Rising Star,” recognizing her as one of the “region’s 40 most promising lawyers age 40 and under.” Recently named co-chair of Covington’s Global Antitrust practice, Ms. Lee represents clients in complex commercial and antitrust litigation and has litigated cases at the trial and ...
July 15, 2019, Bloomberg
Beth Brinkmann spoke with Bloomberg about her experience as a woman arguing before the Supreme Court. Ms. Brinkmann—who has argued before the Court 25 times—says, “People are putting more of a spotlight on these issues. But there’s so much work that needs to be done.”
SCOTUS Will Decide The Fate Of DACA In The Fall
June 28, 2019, NPR
Alexander Berengaut spoke with AirTalk about the Supreme Court’s decision on the fate of DACA.
June 27, 2019, Legaltech News
Alex Berengaut spoke with Legaltech News about a U.S. Court of Appeals for the D.C. Circuit’s decision to allow plaintiffs to sue for risk of harm, as opposed to actual harm after a data breach. According to Mr. Berengaut, while the U.S. Office of Personnel Management decision doesn’t change the nature of the split, the case may “pique the Supreme Court’s ...
Iancu v Brunetti - ruling trademark community has its say on implications of momentous US Supreme Court decision
June 25, 2019, World Trademark Review
Simon Frankel is quoted in World Trade Review regarding the Supreme Court’s decision in Iancu v Brunetti, holding that the Lanham Act’s prohibition on the registration of “immoral” or “scandalous” trademarks violates the First Amendment. Mr. Frankel says, “registration of ‘disparaging’ trademarks – today's decision is not very surprising. The Court extended its ...
June 21, 2019, Communications Daily
Kevin King is quoted in Communications Daily regarding the Supreme Court’s decision in PDR Network v. Carlton & Harris Chiropractic, a case involving a company's efforts to disregard an FCC rule about junk faxes. According to Mr. King, the decision could have significant impact for the FCC and regulated companies in the subsidiary questions remanded to the 4th ...
June 21, 2019, Law360
Kevin King spoke with Law360 about the Supreme Court’s decisions over the contours of the Telephone Consumer Protection Act. According to Mr. King, the Supreme Court dodged the main issue, the justices’ narrow approach does provide a boost to both consumers and companies by providing them with “two powerful ways to challenge FCC orders: They can argue that the ...
June 10, 2019
WASHINGTON—Covington won a precedent-setting dispute before the U.S. Supreme Court on behalf of Return Mail, Inc. in a case that attracted significant attention in the patent field, particularly within industries that involve competition or collaboration with the federal government. The 6-3 ruling concludes a pivotal chapter in Return Mail’s 15-year, multi-forum ...
High Court Bars AIA Patent Challenges By Gov't
June 10, 2019, Law360
Beth Brinkmann is quoted in Law360 regarding Return Mail, Inc.’s Supreme Court victory. Ms. Brinkmann said in a statement that “the court’s decision confirms that federal agencies do not get an extra change to challenge privately held patents under AIA.”
May 21, 2019, AmLaw Litigation Daily
AmLaw Litigation Daily covered Gary Guzy and Pooja Kothari’s representation of a group of paleontology associations and natural history museums, where they filed an amicus brief in a case involving the rights to dinosaur fossils discovered in Montana.
May 16, 2019, Covington Alert
On May 13, 2019, the Supreme Court (“the Court”) announced its 5-4 decision in Apple, Inc. v. Pepper, permitting iPhone users to proceed with an antitrust suit against Apple alleging that it monopolized the retail market for iPhone apps.
SCOTUS rulings have far-reaching impact
May 15, 2019, Commercial Dispute Resolution
Mark Mosier spoke with Commercial Dispute Resolution about a Supreme Court case involving the Chevron deference, the amount of deference given to federal agencies by the federal courts in deciding legal challenges to ambiguous regulations. Mr. Mosier says “The question whether courts will defer to agency decisions is critical for any business regulated by the ...
May 13, 2019, Law360
Michael Wagner spoke with Law360 about the Supreme Court’s ruling in Cochise Consultancy Inc. v. U.S., a case determining the statute of limitations in False Claim Act cases. Mr. Wagner says, "In theory, the Court's ruling could incentivize qui tam plaintiffs to wait years to bring their claims, in the hopes of allowing their potential recovery to increase. This ...
May 8, 2019
LOS ANGELES—The Daily Journal has named Robyn Polashuk, Clara Shin, and Sonya Winner to its 2019 “Top Women Lawyers,” recognizing the “top women lawyers in California.” Ms. Polashuk co-chairs the firm's Communications and Media Industry Group and serves as managing partner of the firm’s Los Angeles office. Her practice focuses on the licensing and distribution ...
Law360 MVP: Covington's Paul Schmidt
November 30, 2018, Law360
Paul Schmidt has been named a 2018 Product Liability MVP by Law360. The publication highlights a significant appellate victory in the New Jersey Supreme Court for his client Hoffmann-La Roche as well as multiple trial wins in other pharmaceutical cases.
November 15, 2018
WASHINGTON—Covington's patent litigation team successfully petitioned the U.S. Supreme Court to hear a case on behalf of its client, Return Mail, Inc., which saw its patent on a system for handling undeliverable mail invalidated in 2015 after the U.S. Postal Service petitioned for Covered Business Method Review. The case, which will involve interpretation of ...
September 19, 2018, The National Law Journal
Beth Brinkmann spoke at a Washington Legal Foundation event previewing the upcoming Supreme Court term. She is quoted in The National Law Journal regarding the current 8-Justice Supreme Court saying the justices may “try to avoid affirming by 4-4” by crafting narrow rulings that would attract more than four votes, or else by dismissing the cases altogether.
May 9, 2018
LOS ANGELES—Covington partners Carolyn Kubota, Robyn Polashuk, and Sonya Winner have been named to the Daily Journal’s 2018 “Top 100 Women Lawyers” list, recognizing the “top women lawyers in California.” Based in the firm’s Los Angeles office, Ms. Kubota is a member of the American College of Trial Lawyers and has served as lead counsel on high-profile ...
Hire Power: The 25 Biggest Lateral Moves of 2017
January 28, 2018, The American Lawyer
Beth Brinkmann was named to The American Lawyer's list of "The 25 Biggest Lateral Move of 2017."
US Supreme Court to examine constitutionality of attorney conceding client’s guilt despite the accused’s objections
January 17, 2018, AirTalk with Larry Mantle
Daniel Suleiman appeared on AirTalk with Larry Mantle to discuss McCoy v. Louisiana, a death penalty case that was argued at the Supreme Court.
November 7, 2017
WASHINGTON—The National Law Journal has named Covington to its “Appellate Hot List” for the seventh time. The 2017 special report features an “elite group of lawyers and law firms that posted hard-fought wins at the U.S. Supreme Court or in federal circuit courts.” In its profile of the firm, The National Law Journal highlights Covington’s victory in Meoli v. ...
September 19, 2017
SAN FRANCISCO—The Recorder recognized Covington partner Clara Shin as a “Game Changer” for her successful representation of McKesson Corporation in a half-billion-dollar trade secrets case. Awarded in conjunction with the publication’s California Litigation Department of the Year awards, the recognition highlights individual litigators “who won big where others ...
June 12, 2017
LOS ANGELES—Covington partners Robyn Polashuk, Clara Shin, and Sonya Winner have been named to the Daily Journal’s 2017 “Top 100 Women Lawyers” list, which recognizes the leading women lawyers in California who “try complex commercial disputes and put together industry-transforming deals.” Managing partner of the firm’s Los Angeles office, Ms. Polashuk focuses ...
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.
An Update on Recent Section 101 Jurisprudence under Alice
May 4, 2017, Department of the Navy Office of the General Counsel Intellectual Property Seminar
May 4, 2017, Covington Alert
Investments in developing economies offer substantial benefits for many reasons, including their growth potential. But they often come with greater economic and political risks. Investment-protection treaties are an important and relatively inexpensive tool to manage some of those risks. Most bilateral and multilateral investment treaties provide foreign ...
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. ...
726 Women Carve a Legacy at the Supreme Court Lectern
March 15, 2017, The National Law Journal
Beth Brinkmann is quoted by The National Law Journal in an article regarding a research project uncovering how many women argued at the Supreme Court throughout its history. Brinkmann, who clerked for Justice Harry Blackmun in the October 1986-87 term, recalls seeing “dozens” of female advocates at the lectern for arguments. According to Brinkmann, seeing women ...
BTI Names Nields and Shin "Client Service All-Stars"
February 10, 2017
SAN FRANCISCO—The BTI Consulting Group has named Covington lawyers John Nields and Clara Shin to its 2017 “Client Service All-Stars” list, which recognizes “remarkable attorneys and their ability to rise above all others with the most demanding clients.” Mr. Nields, based in Washington, is a highly regarded trial lawyer and member of the firm’s litigation and ...
Covington Adds Ex-Deputy Assistant AG To Appellate Group
February 6, 2017, Law360
Beth Brinkmann is quoted in a Law360 article regarding her recent arrival to Covington’s Appellate and Supreme Court Practice Group. According to Brinkmann, “The teamwork and collaboration at Covington is incredible and the strength of its appellate practice attracted me to the firm.”
January sees US law firms seek lateral talent
February 2, 2017, Commercial Dispute Resolution
Beth Brinkmann and Robert Long are quoted in a Commercial Dispute Resolution article regarding Brinkmann’s arrival to Covington’s Appellate and Supreme Court Practice Group. Citing “Covington’s long history litigating important cases in the Supreme Court,” Brinkmann says she looks forward to the opportunity to help expand the appellate practice. According to ...
February 1, 2017, The Litigation Daily
The Litigation Daily features Beth Brinkmann, Craig Pollack, and Louise Freeman in an article about the “Top Lateral Litigator Moves in January.” Commenting on her move to Covington, Brinkmann says that the firm “turned out to be just a really unique opportunity,” praising its “culture of teamwork” and “longstanding presence in the legal community.” Jeremy ...
Deputy Assistant Attorney General Joins Covington
January 31, 2017
WASHINGTON—Beth Brinkmann has joined Covington as a partner in the firm’s Appellate and Supreme Court Practice Group in Washington. Ms. Brinkmann served as Deputy Assistant Attorney General in the Civil Division of the U.S. Department of Justice from 2009 to 2016. She has argued 24 cases before the Supreme Court of the United States. Ms. Brinkmann is an ...
December 5, 2016
WASHINGTON—SportsBusiness Journal has named Doug Gibson and Gregg Levy to its list of the “50 Most Influential People in Sports Business.” Mr. Gibson and Mr. Levy are two of only four lawyers in private practice on the list, which also includes league commissioners and team owners, broadcast industry and sponsor company CEOs, and other high-profile executives in ...
April 21, 2016, Daily Journal
February 26, 2016, The National Law Journal
February 10, 2016
WASHINGTON, DC - The Leadership Council on Legal Diversity (LCLD) has chosen Covington partner Anne Lee to be a member of its 2016 class of Fellows. The program is designed to build relationships and leadership skills that can be passed down to future generations of leaders in the legal profession. Tammy Albarrán, Co-Chair of Diversity Initiatives at Covington ...
The American Lawyer Names Covington “Litigation Department of the Year: Product Liability”
December 22, 2015
WASHINGTON, DC, December 22, 2015 - The American Lawyer has named Covington its “Litigation Department of the Year: Product Liability.” The magazine recognizes the firm for its “string of big victories in trial and appellate courts, major settlements, plus a creative strategic edge that sets it apart.” In its profile of the firm in its January 2016 issue, The ...
December 10, 2015
WASHINGTON, DC, December 10, 2015 - Global Competition Review has named Covington partner Anne Lee to its “40 Under 40” list, profiling 40 of the world’s top young antitrust lawyers, enforcers and in-house counsel. Ms. Lee represents clients in complex commercial and antitrust litigation, including cases at the trial and appellate levels in both state and ...
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 ...
December 4, 2014
WASHINGTON, DC, December 4, 2014 — Law360 named Covington & Burling partner Robert Long to its “Appellate A-List,” a regular feature that profiles the nation's leading appellate litigators. In a profile on Mr. Long, Law360 highlighted his appearance before the U.S. Supreme Court in the litigation concerning the constitutionality of the Affordable Care Act. At ...
Covington's High Court Team Captain: Robert A. Long
November 25, 2014, Law360
Covington's Bob Long is featured in this article on his extensive career in appellate law.
Covington Scores Appellate Victory on Behalf of Chiquita
7/24/2014
WASHINGTON, DC, July 24, 2014 — Covington & Burling on Thursday secured an appellate victory on behalf of Chiquita Brands International, Inc. and Chiquita Fresh North America LLC in long-running litigation brought by more than six thousand Colombian plaintiffs. Beginning in 2008, these plaintiffs asserted claims against Chiquita under the Alien Tort Statute ...
NLJ Names Covington to Appellate Hot List
June 3, 2013
WASHINGTON, DC, June 3, 2013 — For the fifth time, The National Law Journal has named Covington & Burling to its “Appellate Hot List.” The 2013 list recognizes firms whose appellate track records over the past year have included significant victories in cases that affect the course of industries, vindicate important constitutional rights, and have high financial ...
Five Covington Lawyers Named Law360 MVPs
December 3, 2012
WASHINGTON, DC, December 3, 2012 — Law360 named five Covington & Burling lawyers today as “Most Valuable Players” in their respective practice areas. The award singles out lawyers from across 22 practice areas whose achievements in major litigation or transactional matters have “raised the bar” over the past year. The Covington lawyers recognized as Law360 MVPs ...
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 ...
Covington Promotes 15 Lawyers to Partnership
October 1, 2012
WASHINGTON, DC, October 1, 2012 — Covington & Burling is pleased to announce that it has elected 15 new lawyers to its partnership. This group is comprised of diverse and talented individuals from five offices who have made their mark at the firm through exceptional work and the highest standards of client service. “We’re delighted to welcome these 15 lawyers to ...
August 27, 2012
WASHINGTON, DC, August 27, 2012 — Covington & Burling LLP lawyers received 196 individual mentions in 57 areas of law in the 2013 edition of The Best Lawyers in America. This annual compilation of top U.S. lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as ...
National Law Journal Names Covington’s Long a 'Champion'
July 11, 2012
WASHINGTON, DC, July 11, 2012 — The National Law Journal named Covington & Burling partner Robert Long a “Champion” as part of a special report honoring Washington lawyers who have advanced the practice of law in Washington and beyond the Beltway. For the fifth year running, The National Law Journal selected “Champions and Visionaries” from the Washington ...
Covington Named to NLJ’s Appellate Hot List
June 19, 2012
WASHINGTON, DC, June 19, 2012 — For the fourth time, The National Law Journal has named Covington & Burling to its “Appellate Hot List.” The 2012 list recognizes firms whose appellate track records over the past year have included significant victories in cases that affect the course of industries, vindicate important constitutional rights, and have high ...
Covington Lawyers Recognized by D.C. Super Lawyers
May 2, 2012
WASHINGTON, DC, May 2, 2012 — D.C. Super Lawyers selected 64 Covington & Burling lawyers for its 2012 list of top legal talent. Super Lawyers selects no more than five percent of the total lawyers who practice in Washington based on peer review and the publication’s independent research. Deborah Garza and Robert Long have been named among the “Top 100” for ...
March 26, 2012
WASHINGTON, DC, March 26, 2012— The U.S. Supreme Court heard oral argument today from Robert Long, a partner at Covington & Burling LLP, about a key aspect of the historic health care law. At the high court’s request, Mr. Long argued the position that constitutional challenges to the health care law should not be allowed to proceed at this time because of an ...
U.S. Supreme Court Taps Covington’s Long
November 18, 2011
WASHINGTON, DC, November 18, 2011 — The U.S. Supreme Court issued an order today appointing Robert Long, a partner at Covington & Burling, to participate in arguments at the Court concerning the 2010 health care law. In its order, the Court invited Mr. Long to, “brief and argue this case, as amicus curiae, in support of the position that the Anti-Injunction ...
Covington Wins Sunken Treasure for Spain
September 21, 2011
WASHINGTON, DC, September 21, 2011 —The U.S. Court of Appeals for the 11th Circuit ruled today that the remains of a 19th Century Spanish warship and its cargo taken by an American treasure hunting company must be returned to Spain. Covington & Burling represented Spain in the dispute. In a 53-page opinion, the court of appeals found that Odyssey Marine ...
June 10, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 123 individual mentions and 45 practice mentions in Chambers USA 2011. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
June 9, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 92 individual mentions and 32 practice mentions in the Legal 500 US 2011 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
Covington Named to NLJ’s ‘Appellate Hot List’
April 19, 2011
WASHINGTON, DC, April 19, 2011 — The National Law Journal named Covington and Burling LLP for the third time to its “Appellate Hot List.” The 2011 list recognizes firms whose appellate track records include significant victories in cases that affect the course of industries, vindicate important constitutional rights, and have high financial stakes. The list and ...
Covington Scores Significant Victory for Family Dollar
March 30, 2011
WASHINGTON, DC, March 30, 2011 — Covington & Burling LLP has secured an important victory in the U.S. Court of Appeals for the Fourth Circuit on behalf of Family Dollar Stores, Inc., which had been accused of violating the Fair Labor Standards Act. At issue is whether a group of current and former managers at Family Dollar Stores should qualify for overtime pay ...
August 9, 2010
REDWOOD SHORES, CA, August 9, 2010 — Covington & Burling LLP is pleased to announce that three partners from its Washington, D.C. office, Kurt Calia, Emily Henn, and Emily Leonard, have relocated to the Silicon Valley office. Their move will strengthen the link to the firm’s deep regulatory roots as well as further enhance the firm’s transactional and litigation ...
August 6, 2010
WASHINGTON, DC, August 6, 2010 — Covington & Burling LLP received 138 individual mentions in 40 areas of law in the 2011 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
June 23, 2010
WASHINGTON, DC, June 23, 2010 — Covington & Burling LLP received 85 individual mentions and 23 practice mentions in the Legal 500 US 2010 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
June 16, 2010
WASHINGTON, DC, June 16, 2010 — Covington & Burling LLP received 112 individual mentions and 44 practice mentions in Chambers USA 2010. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
Covington Achieves SCOTUS Success in Pro Bono Case
May 25, 2010
WASHINGTON, DC, May 25, 2010 — Covington & Burling LLP achieved a favorable result for its client in the U.S. Supreme Court in Robertson v. U.S. ex rel. Watson, a case that questioned whether it is constitutional to allow a victim of domestic violence to bring a criminal contempt proceeding for violation of a protective order. Covington’s Robert Long presented ...
May 7, 2010
WASHINGTON, DC, May 7, 2010 — Covington & Burling LLP represented the prevailing parties in Conkright v. Frommert, a significant case in the U.S. Supreme Court concerning the Employee Retirement Income Security Act (ERISA). The Court’s ruling in favor of the Xerox Corporation pension plan and the plan’s administrator has implications for many other ERISA plans. ...
January 26, 2010
WASHINGTON, DC, January 26, 2010 — Over the span of eight days this month, Covington & Burling LLP lawyers presented oral argument before the Supreme Court in two significant business cases. On January 13, Covington litigation chair Gregg Levy argued on behalf of the National Football League in American Needle v. National Football League, an antitrust case that ...
Washingtonian Names 25 Covington Attorneys ‘Top Lawyers’
11/23/2009
WASHINGTON, DC, November 23, 2009 — Twenty-five Covington & Burling LLP attorneys are recognized as “Top Lawyers” in the December issue of Washingtonian magazine. The list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the “Top Lawyers,” Washingtonian identified 30 as “stars of the bar.” Among them is Michael ...
August 7, 2009
WASHINGTON, DC, August 7, 2009 — Covington & Burling LLP received 131 individual mentions in 38 areas of law in the 2010 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
June 12, 2009
WASHINGTON, DC, June 12, 2009 — Covington & Burling LLP received 100 individual mentions and 40 practice mentions in Chambers USA 2009. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
Covington Again Named to NLJ’s ‘Appellate Hot List’
4/6/2009
WASHINGTON, DC, April 6, 2009 — Covington & Burling LLP has again been named to The National Law Journal’s “Appellate Hot List.” This is the second year that the publication has named a “Hot List,” which recognizes 20 firms whose appellate track records included significant recent victories in cases with high financial stakes or that presented important legal ...
DuPont Savings Plan Prevails in Supreme Court ERISA Case
1/29/2009
WASHINGTON, DC, January 29, 2009 — The Supreme Court of the United States this week issued a unanimous decision in favor of the DuPont Savings and Investment Plan in Kennedy v. Plan Administrator for DuPont Savings & Investment Plan, No. 07-636 (Jan. 26, 2009). Covington & Burling LLP, together with Kilpatrick Stockton LLP, represented the DuPont plan in the ...
September 29, 2008
WASHINGTON, DC, September 29, 2008 — Covington & Burling LLP received 124 individual mentions in 40 areas of law in the 2009 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
June 16, 2008
WASHINGTON, DC, June 16, 2008 — Covington & Burling LLP received 81 individual mentions and 45 practice mentions in the newly released 2008 Chambers USA. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington ...
Covington Named to NLJ’s ‘Appellate Hot List’
4/9/2008
WASHINGTON, DC, April 9, 2008 — Covington & Burling LLP has been named to The National Law Journal’s inaugural “Appellate Hot List.” The “Hot List,” featured in the publication’s April 7 issue, recognizes 20 firms whose appellate track records included significant 2007 victories in cases with high financial stakes or that presented important legal principles. ...
11/30/2007
WASHINGTON, DC, November 30, 2007 — Nineteen Covington & Burling LLP attorneys are recognized as “Top Lawyers” in the December 2007 issue of Washingtonian magazine. The list, compiled by the magazine’s editorial staff based on peer recommendations, identifies leading lawyers in the Greater Washington area. Of the “Top Lawyers,” Washingtonian identified 30 as the ...
10/15/2007
WASHINGTON, DC, October 15, 2007 — Covington & Burling LLP has secured a major appellate victory in New York’s high court for Foster Wheeler LLC. On October 11, 2007, the New York Court of Appeals unanimously agreed that New Jersey law, rather than New York law, governs Foster Wheeler’s disputes with its insurers over coverage for asbestos bodily injury claims. ...
September 6, 2007
WASHINGTON, DC, September 6, 2007 — Covington & Burling LLP received 115 individual mentions in 38 areas of law in the 2008 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The recipients are as follows: Administrative: E. Edward Bruce and ...
June 18, 2007
WASHINGTON, DC, June 18, 2007 — Covington & Burling LLP received 44 practice mentions and 74 individual mentions in the newly released 2007 Chambers USA guidebook. The 2007 edition of Chambers USA attempts to identify the most skilled legal practitioners throughout the country based on the qualities most valued by clients. Covington attorneys have been ...
4/17/2007
WASHINGTON, DC, April 17, 2007 — The United States Supreme Court ruled today that attempts by the states to license, examine, and supervise the banking activities of national banks or their operating subsidiaries are preempted by the National Bank Act. The 5-3 ruling in Watters v. Wachovia Bank, N.A., No. 05-1342, is an important victory for national banks and ...
March 29, 2007, Covington E-Alert
12/06/2006
WASHINGTON, DC, December 6, 2006 — The Supreme Court handed down a favorable decision in Lopez v. Gonzales, a significant immigration case in which Covington represented the petitioner, Jose Antonio Lopez. The Court's opinion, written by Justice Souter, holds that state drug convictions do not count as "aggravated felonies" for purposes of federal immigration ...
June 5, 2006
WASHINGTON, DC, June 5, 2006 - Fifty Covington & Burling lawyers practicing in 27 fields and in each of the firm's US offices were recognized as "leaders in their field" in this year's edition of Chambers USA - America's Leading Business Lawyers. The 2006 edition of Chambers USA, which was released June 2, 2006, attempts to identify the most skilled legal ...
Covington & Burling Announces Ten New Partners
October 3, 2005
WASHINGTON, D.C., October 3, 2005 - Covington & Burling announced the election of ten new partners, effective October 1. Stuart Stock, chair of the firm's management committee, commented: "These exceptional lawyers reflect the strength, excellence and diversity of the firm, and the continuing growth of our practices across the firm." Covington's newest partners ...
September 13, 2005
WASHINGTON, D.C., September 13, 2005 - Forty-six Covington & Burling lawyers practicing in 27 fields were recognized in the 2006 edition of The Best Lawyers in America. The number of Covington lawyers listed increased by over 40% from the last edition. This biennial compilation of top U.S. lawyers is based on peer-review surveys and is used as a referral guide ...
Chambers USA Recognizes 29 Covington Lawyers
May 27, 2005
Washington, D.C., June 28, 2005 - Twenty-nine Covington & Burling lawyers practicing in fourteen fields and in each of the firm's U.S. offices were recognized as "leaders in their field" in this year's edition of Chambers USA - America's Leading Business Lawyers. The 2005 edition of Chambers USA, which was released online earlier today, attempts to identify the ...
Covington Partner Roderick McKelvie Elected President of the Giles S. Rich American Inn of Court
May 20, 2005
WASHINGTON, D.C., May 20, 2005 - Covington & Burling partner Roderick R. McKelvie has been elected President of the Giles S. Rich American Inn of Court. He succeeds Judge Richard Linn of the United States Court of Appeals for the Federal Circuit.The Giles Rich Inn is one of over 350 Inns which make up the American Inns of Court. The mission of the Inns is to ...
February 24, 2005
WASHINGTON, D.C., February 24, 2005 - The California Court of Appeal for the Second Appellate District entered an important ruling yesterday in favor of Covington & Burling's client, the National Football League, in a $1.2 billion lawsuit brought by the Oakland Raiders. Yesterday's ruling reinstated the verdict of a Superior Court jury that, after 11 weeks of ...
Spain Wins Right to Protect Sunken Vessels
August 9, 2000
August 9, 2000 — Washington, DC — In a sweeping decision protecting historic shipwrecks, a United States Court of Appeals has upheld Covington & Burling client the Kingdom of Spain's right as owner of its sunken vessels to prevent unauthorized disturbance or commercial salvage. For additional information, please contact: Kelly Stuart Stokes, kstokes@cov.com, ...
The Washington Post's Annual Review of How Firms and Their Lawyers Did Before the Supreme Court
July 10, 2000
July 10, 2000 — Washington, DC — The Washington Post's James V. Grimaldi cites Covington & Burling's Supreme Court winning streak (12-0 since '94; 3 wins this term) for "a special Hearsay award for batting 1.000 for a dozen cases since 1994" in his July 10th "Hearsay" column.
June 29, 2000
June 29, 2000 — Washington, DC — Earlier this week, the Supreme Court ruled in favor of Covington client Mobil Oil in Mobil Oil Exploration & Producing Southeast, Inc. v. United States. In addition to this win, Covington earned two other Supreme Court victories this term in Harris Trust & Savings Bank v. Salomon, Brothers, Inc. and Food & Drug Administration ...
Yaron Dori is quoted in Legaltech News regarding the D.C. Circuit’s decision to strike down the Federal Communications Commission’s expanded auto-dialer definition as too broad. Mr. Dori said he’s seen a tremendous boom in TCPA litigation in recent years. This is in part, he said, because the TCPA has been adapted to meet challenges posed by evolving technology, ...
Sotomayor Joins Conservatives in Key Patent Ruling
Beth Brinkmann spoke with The Recorder about her argument on behalf of Return Mail, Inc. before the Supreme Court. Ms. Brinkmann says, “The court’s decision confirms that federal agencies do not get an extra chance to challenge privately held patents under the AIA.”
- Covington was named to The National Law Journal's “Appellate Hot List“ in 2008, 2009, 2011, 2012, 2013, 2015, 2017, 2019, and 2020.
- Covington is recognized for excellence in Appellate and Supreme Court litigation in Chambers USA and the Legal 500.
- Robert Long is recognized for appellate litigation in publications such as The Best Lawyers in America, Chambers USA, Washingtonian Magazine “Top Lawyers,” and Washington, DC Super Lawyers.
- Robert Long has been named a “Legal Champion” by The National Law Journal and an Appellate MVP by Law360.
- Robert Long is a Fellow of the American Academy of Appellate Lawyers and a former President of the Edward Coke Appellate Inn of Court.
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