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- Home
- Practices and Industries
- Litigation and Investigations
- Class Actions
With extensive experience and a deep bench of leading lawyers, clients routinely ask Covington to defend them from high-stakes class actions. We regularly defend companies in class actions in nearly every major substantive area in which such suits are brought, including antitrust, consumer protection, product liability, privacy, employment, ERISA, and securities, among others.
We pride ourselves on bringing the right resources to every case, including our deep regulatory and industry expertise. Covington offers a unique blend of:
- Early resolution successes. We have a long history of defeating class actions at the early stages of the cases and routinely win dismissals on the pleadings, saving our clients years of litigation expenses.
- Class certification victories. From the outset of a case, we focus on developing the factual and legal arguments necessary to defeat class certification outright, or to limit any class certification in ways that substantially reduce our clients’ potential exposure.
- Trial and appellate experience. Our class action litigators have a proven track record of obtaining favorable results both at trial and on appeal.
- Sophisticated analysis. Our expertise in the intricacies of class action procedure and strategy, the substance of the law, creative approaches to every case, and the special considerations affecting individual industries provides an invaluable advantage in defeating attempts to pursue large damages award.
- Regulatory and industry expertise. In defending class actions, our litigators work closely with our leading regulatory and industry experts, whose deep knowledge of relevant regulatory frameworks often gives our clients the extra edge needed to achieve their litigation goals.
- Multi-defendant class actions. We often act as lead counsel in multi-defendant cases where it is important to our client that we take that role.
- Insurance coverage. Clients often overlook that insurance coverage may be available for events that give rise to class action lawsuits, and Covington’s leading insurance recovery practice has often helped clients obtain coverage for many types of class action claims.
Representative Matters
Technology and Privacy Matters
- Multi-Defendant Privacy Class Actions - Represented internet, social media, technology and other brand name companies, in defending class action claims brought under the federal Wiretap Act, Stored Communications Act, Video Privacy Protection Act, Computer Fraud and Abuse Act, related state statutes such as the Illinois Biometric Information Privacy Act and California Unfair Competition Law, and common law.
- Children's Privacy Class Action - Representing ViacomCBS in a putative class action concerning the alleged collection of device-identifying information in connection with the operation of certain game apps.
- 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.
- Media Privacy Class Actions - Represented numerous media companies in class actions alleging improper collection and/or disclosure of user information.
- JPMorgan Privacy Class Action - Defeated a putative class action accusing one of the nation’s largest credit card issuers of improperly violating consumers’ privacy rights and unlawfully profiting off of consumers’ personal financial information.
- National Public Radio Privacy Class Action - Achieved dismissal of a putative class action against National Public Radio alleging violations of the Wiretap Act, Stored Communications Act, and state laws. The complaint alleged that mobile app developers wrongfully transmitted personal information to third party advertising companies.
- Cable One Privacy Class Action - Achieved dismissals of three putative class actions against Cable One, a cable and Internet service provider, in litigation involving claims under the Wiretap Act, the Computer Fraud and Abuse Act, and related state laws. The litigation arose out of a third party’s test of a system using “deep packet inspection” for the purpose of serving targeted advertisements.
- Patagonia Privacy Class Action - Achieved favorable resolution for Patagonia in a putative class action alleging wrongful collection of personal information in connection with credit card transactions.
- Samsung Liquid Crystal Display Antitrust Class Actions - Represented Samsung in consolidated antitrust price-fixing and deceptive practice class actions involving liquid crystal displays.
- AOL TCPA Class Action - Achieved dismissal of a putative class action against AOL alleging violations of the Telephone Consumer Protection Act. The complaint sought to hold AOL liable for misdirected text messages sent by users of AOL’s Instant Messenger system.
- AOL Privacy Class Action - Achieved dismissal of a putative class action against AOL alleging violations of the Wiretap Act, Video Privacy Protection Act, and numerous state laws. The suit alleged unauthorized collection of personal information from the plaintiffs’ computers using “Flash cookies” and unlawful disclosure of video viewing information to third parties.
- LinkedIn Privacy Class Action - Achieved dismissal of a putative class action against LinkedIn alleging violations of the Stored Communications Act and state law. The complaint asserted that LinkedIn disclosed LinkedIn user identification numbers and LinkedIn URL addresses to third party advertising companies, which allowed those companies to correlate the identity of a user with his or her previously anonymous Web browsing history.
- Hulu Video Privacy Protection Act Class Action - Achieved dismissal on summary judgment of a putative class action against Hulu alleging violation of the Video Privacy Protection Act. The complaint alleged that Hulu disclosed to third parties the video-viewing information of individual Hulu users.
- Huawei Privacy Class Action - Defended 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 stemmed from the allegation that third-party mobile analytics software transmitted data about mobile device users’ activities to other parties without authorization.
- Microsoft Privacy Class Action - Achieved summary judgment for Microsoft in a putative class action alleging unauthorized collection of geolocation information from the plaintiffs’ mobile devices. After a claim under the Wiretap Act was dismissed at the pleadings stage, we successfully obtained summary judgment on a remaining claim under the Stored Communications Act.
- Expedia Antitrust Class Actions - Represented Expedia in multiple national antitrust class actions relating to hotel bookings.
Financial Services Matters
- JPMorgan Chase Credit Card Class Actions - Represented JPMorgan Chase in numerous antitrust and consumer class actions and attorney general representative actions challenging fees, disclosures, and other banking practices.
- Wells Fargo Bank Consumer Class Actions - Represented Wells Fargo Bank in consumer class actions under the laws of multiple states challenging fees, disclosures, and other banking practices.
- Financial Benchmarks Antitrust Class Actions - Represented a global bank in class actions involving antitrust, commodities fraud, and RICO claims relating to alleged manipulation of financial benchmarks, including the London Interbank Offering Rate (LIBOR), foreign currency exchange benchmarks, and ISDAFIX®
- Capital One Interest Charges Class Actions - Defeated numerous nationwide class action lawsuits accusing one of the nation’s leading credit card issuers of improperly charging customers for interest. The cases were resolved on a motion to dismiss, after Covington demonstrated that the charges at issue were authorized by the bank’s credit card agreements.
- JPMorgan Chase Property Inspection Fee Class Action - Defeated numerous nationwide class action lawsuits challenging a leading financial institution’s practice of charging allegedly unnecessary and excessive property inspections. Our successes include defeating class certification and obtaining summary judgment, which culminated in victories at the Ninth Circuit.
- Celtic Bank “True Lender” Class Action Litigation - Successful represented one of the nation’s leading small business lenders in litigation and arbitration contending that the bank was not the “true lender” on certain small business loans it made. Covington repeatedly invoked the company’s arbitration clause to defeat a nationwide class action. Then, following a lengthy arbitration hearing, Covington defeated the claims asserted against the bank and obtained a seven-figure award in the bank’s favor.
- Navient “True Lender” Class Action Litigation - Successfully represented the nation’s largest student loan servicing company against three lawsuits contending that Navient should be treated as the “true lender” on certain student loans made by national banks. Covington won motions to dismiss two of the lawsuits on federal preemption and statute of limitations grounds, and defeated certification of interest rate classes in the third.
- Huntington Bank Mortgage Servicing Class Action - Convinced a district court that the National Bank Act preempted a West Virginia law that purported to regulate the order in which mortgage servicers post payments to borrowers’ accounts.
- MTAG Tax Liens Class Action - Helped financial services company defeat a putative class action challenging company’s efforts to enforce tax liens.
- Chase Paymentech Excessive Fee Class Action - Defended Chase from a class action accusing the payment processing company of charging unauthorized fees, by successfully enforcing the arbitration agreement in the parties’ agreement.
- JPMorgan Credit Reporting Class Action Litigation - Successfully represented one of the nation’s leading financial institutions in numerous class action lawsuits accusing the bank of violating the FCRA and CCRAA. Our victories include obtaining numerous dismissals of these actions at the motion-to-dismiss stage, and culminated in a victory at the Ninth Circuit.
- JPMorgan “Add-On” Products Litigation - Represented one of the nation’s leading financial institutions in consumer class actions and parens patriae lawsuits filed by state attorneys general alleging unfair and deceptive practices involving credit card “add-on” products. Early motions practice allowed Covington’s client to reach favorable settlements early in litigation.
- JPMorgan Unauthorized Charges Class Action - Defeated a putative class action accusing one of the nation’s leading lenders of fraud and deceptive practices to enroll customers in a loan product. After the plaintiff moved for class certification, Covington filed a successful summary judgment motion—ending the claims asserted against its client, while the claims asserted against other defendants proceeded.
- Synchrony Excessive Interest Class Action - Defeated a putative class action accusing a large credit card issuer of improperly charging interest, by successfully invoking the arbitration agreement in the parties’ agreement.
- Flagstar Bank Mortgage Interest Withholding Class Action - Defeated on a motion to dismiss a putative class action accusing mortgage servicer of improperly issuing of IRS Form 1099’s in connection with option ARM and negative amortization mortgage loans.
- Navient Public Service Loan Forgiveness Class Action - Representing the nation’s largest student loan servicing company against a nationwide class action challenging representations to borrowers about the federal governments’ Public Service Loan Forgiveness Program. Covington won a motion to dismiss thirteen of the plaintiffs’ fourteen claims, cabining the lawsuit to a single-state class.
Pharmaceutical Products Matters
- Opioid Litigation Negotiation Class - Representing McKesson in opposing certification of “negotiation class” in national opioid MDL and in successful petition for leave to appeal certification ruling to the Sixth Circuit under Rule 23(f).
- Neonatal Abstinence Syndrome Class Actions - Representing McKesson in putative class actions on behalf of plaintiffs asserting claims associated with neonatal abstinence syndrome.
- Eli Lilly Consumer Protection Class Actions - Represented Lilly in a RICO and state consumer protection class actions relating to the pricing of insulin.
- Children’s Medicine Recall Class Actions - Represented Johnson & Johnson and McNeil Consumer Healthcare in consumer class actions arising out of the recall of children’s medicines.
- Animal Health Class Action - Represented Merck in a class action alleging injuries from a product manufactured to regulate diabetes in animals.
- Merck Class Action Claims - Counseled Merck Animal Health defending purported class action claims related to its animal diabetes medication, Vestulin.
- Prescription Labeling Class Action - Represented Eli Lilly in a consumer fraud class action alleging that the labeling for one of its prescription medicines was inadequate and misleading.
- Wellbutrin XL Antitrust Litigation - Represented Schering-Plough (now Merck) in multi-district class action litigation challenging so-called reverse payment settlements of pharmaceutical patent litigation. Obtained denial of certification of indirect purchaser class, after which indirect purchasers voluntarily dismissed their case.
Consumer Products Matters
- Food and Cosmetics Labeling Class Actions - Represented numerous food and cosmetics companies in responding to demand letters and class actions under the California Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law arising out of alleged false and misleading statements on labels and marketing materials.
- Tootsie Roll “Slack-Fill” Class Actions - Successfully represented Tootsie Roll in three nationwide and state class action lawsuits claiming that Tootsie Roll’s boxes of Junior Mints contain “non-functional slack-fill.” Covington won motions to dismiss two of the cases and defeated class certification in the third.
- Procter & Gamble Consumer Product Class Actions - Represented The Procter & Gamble Corporation in California, New York, Florida, and Minnesota class actions challenging the labeling of a wipes product as flushable.
- False Advertising Class Action - Won summary judgment for a significant consumer products company in class action alleging that client failed to disclose that finely-ground walnut shell powder in its facial scrub causes long-term skin damage.
- RueLaLa “Daily Deal” Class Action - Achieved favorable resolution for online retailer RueLaLa from claims that it sold “daily deal” vouchers in violation of the EFTA and state consumer protection laws.
- Sherwin-Williams TCPA Class Action - Defended Sherwin-Williams in a putative class action alleging violations of the Telephone Consumer Protection Act in connection with a commercial text message program for paint contractors.
- Shoe Show FACTA Class Action - Achieved favorable resolution for Shoe Show in a putative class action alleging violation of the Fair and Accurate Credit Transaction Act for allegedly printing expiration dates on credit card receipts.
Employment Matters
- Employee Recruiting Class Actions - Represented Pixar and Disney in multi-defendant antitrust class actions alleging unlawful agreements among certain Silicon Valley firms and animation studios to limit their recruiting of each other’s employees.
- NFL Cheerleader Class Actions - Represented the NFL in a class action brought by cheerleaders accusing the NFL and its member clubs of violating antitrust laws, based on claims that the NFL and its clubs unlawfully conspired to fix wages of cheerleaders and enforce anti-poaching agreements.
- Technology Contractor Class Action - Represented large technology company in class action lawsuit brought by contractors who sought medical monitoring for allegedly increased risk of mental and other injuries from exposure to graphic imagery.
- John Deere Age Discrimination Class Action - Obtained jury verdict for John Deere in class action age discrimination lawsuit filed by former employees of a closed plant who accepted an early retirement program and alleged that opportunities for transfer had favored younger employees.
Media and Communications Matters
- 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.
- Huffington Post TCPA Class Action - Achieved dismissal of a putative class action against The Huffington Post alleging violations of the Telephone Consumer Protection Act. The suit asserted unlawful transmission of unsolicited text messages.
- Digital Music Antitrust Class Action - Represented Bertelsmann, Inc. in multi-district antitrust class action litigation alleging price-fixing and other violations of antitrust laws with respect to digital music.
Sports Matters
- USOPC Class Action - Represented the United States Olympic and Paralympic Committee in claims brought by taekwondo athletes that the USOPC was engaged in a RICO enterprise and violated federal laws against sex trafficking, forced labor, and obstruction of justice.
- NFL Painkillers Class Actions - Represented the NFL member clubs in a class action brought by retired players involving alleged improper administration of prescription pain medications and concealment of risks associated with those pain killers, which Covington ultimately defeated on a summary judgment motion.
- 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.
- Sports Ticketing Class Actions - Represented professional sports franchise in two class actions challenging ticketing policies. Covington won dismissal of both cases at the pleading stage.
- American Athletic Conference Regarding Financial Aid Limits for Student Athletes - Represented the American Athletic Conference in a putative antitrust class action challenging NCAA and Conference rules on financial aid limits for student athletes. This lawsuit challenged the very existence of amateur collegiate athletics.
- NFL Logo Licensing Antitrust Class Action - Represented the National Football League in a class action challenging the League’s licensing arrangements for the use of team marks and logos on apparel.
- NFL Likeness Licensing Class Action Antitrust Suit - Represented the NFL in securing the dismissal of class action claims brought by retired players alleging a conspiracy to restrain a market for the sale of their images and likenesses.
Transportation and Energy Matters
- Oil and Gas Foreclosures Class Actions - Defended a multi-national integrated oil and gas company in a class action involving impact of mortgage foreclosures on oil and gas lease rights.
- In re Automotive Parts Antitrust Litigation – Fuel Injection Systems - Represented Keihin Corporation in putative class actions alleging price-fixing in the fuel injection systems business.
- In re Automotive Parts Antitrust Litigation - Represented Alps Electric in putative class actions alleging price-fixing in the heater control panel market.
- Automotive Parts Class Actions - Represented automotive parts suppliers in antitrust class actions alleging price-fixing for automotive wire harness systems and other parts.
- Freight Fuel Price-Fixing Litigation - Represented Union Pacific Railroad Company in multidistrict litigation alleging price-fixing of freight fuel surcharges.
- Union Pacific Railroad in Antitrust, Legislative, and Regulatory Matters - Represented Union Pacific Railroad in a wide variety of regulatory, legislative, and antitrust matters, including ongoing rulemakings involving rail rates and access to customer facilities and a multidistrict class action litigation alleging price-fixing of fuel surcharges.
May 21, 2020, Covington Alert
Slack-fill class actions have been proliferating. The vagaries of the definition of “nonfunctional slack fill” have made food, candy, and cosmetics manufacturers easy prey. But after the Second Circuit’s May 11 decision in Critcher v. L’Oréal USA Inc., slack-fill claims against cosmetics manufacturers will be harder to bring. Courts are now more likely to find ...
May 1, 2020, Covington Alert
There were several notable developments in the first quarter of 2020 affecting class actions. Courts issued important decisions addressing whether defendants could raise Article III standing or personal jurisdiction defenses to defeat the claims of putative class members. A federal court in California called one company’s efforts to avoid its arbitration ...
April 8, 2020, Covington Alert
As the world moves online during the COVID-19 pandemic, companies’ privacy and security practices are coming under increased scrutiny. Because class actions often follow such scrutiny, as demonstrated by lawsuits recently filed against Google and Zoom, companies should keep the following six developments on their radar as they rush to meet the demands of our new ...
February 2020
Covington's class action practice is pleased to launch a multi-part video series with insights on recent class action developments and trends. In our Navigating Class Actions series, partners Sonya Winner, Andrew Ruffino, Emily Henn, Henry Liu, Andrew Soukup, Ashley Simonsen, and Louise Freeman address: Class certifications Emerging issues and privacy ...
Preemption of state interest rate limitations: current challenges involving bank partnership models
January 2020, The Review of Banking & Financial Service
Ashley Simonsen published an article on the statutory and regulatory background of preemption and “true lender” challenges to bank partnership models in The Review of Banking & Financial Services. "In recent years, state regulators and private plaintiffs have sought to attack bank partnership models, including marketplace lending arrangements, by arguing that ...
January 17, 2020
WASHINGTON—Am Law Litigation Daily has named Covington partner Michael Imbroscio, co-chair of the firm’s Product Liability and Mass Tort practice, as a “Litigator of the Week.” Mr. Imbroscio led the defense of Eli Lilly and Company in litigation alleging that its medicine Cialis – as well as Pfizer’s medicine Viagra – could cause melanoma, convincing the trial ...
December 13, 2019, New York Times
Ben Block is quoted in the New York Times regarding the firm’s representation of military families in their suit against Corvias, a company managing the privatized housing at the Fort Meade military base since 2002. Mr. Block says, “What they really want is to ensure that what they went through doesn’t happen to the next family, and the family after that. These ...
October 10, 2019, Covington Alert
On October 2, 2019, the English Court of Appeal handed down a landmark judgment in Lloyd v Google LLC [2019] EWCA Civ 1599 (“Lloyd”) concerning Google’s alleged misuse of the personal data of over 4 million iPhone users via cookies placed on the Safari browser.
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 2019, Bloomberg
CBP Issues New Protocols Restricting Domestic Flight Passenger Identification Checks Following ACLU Lawsuit
July 11, 2019, ACLU
The ACLU covered Josh Picker's representation of domestic flight passengers subject to suspicionless searches by the U.S. Customs and Border Protection. Mr. Picker says, "We are pleased to have reached a settlement that recognizes that our clients were wronged by government officials when they exited the plane on February 22, 2017 and that such conduct is not to ...
June 14, 2019
WASHINGTON—Today, for the first time in its history, the United States Court of Appeals for Veterans Claims certified a class action and granted classwide relief to veterans. Covington brought this class action petition in partnership with the National Veterans Legal Services Program. The landmark petition challenged the inexcusable delays by the Veterans ...
June 7, 2019, Law360
William Stern is quoted in Law360 regarding a Ninth Circuit decision on affirming a nationwide settlement in multidistrict litigation over Hyundai and Kia's misrepresentations about their vehicles' fuel efficiency. The decision “allows class actions, even nationwide classes, to be settled on a less stringent standard than litigated classes,” says Mr. Stern. He ...
English Competition Appeals Tribunal to Reconsider £14 Billion Class Action Against MasterCard
May 13, 2019, Covington Alert
England’s Court of Appeal has decided that the Competition Appeals Tribunal (the "CAT") erred in rejecting certification of former financial ombudsman Walter Merricks’ class action against MasterCard, for £14 billion. As a result, the CAT will now reconsider whether to certify the class.
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 ...
BBC News: 4/17/2019
April 17, 2019, BBC News
Louise Freeman was interview by BBC News regarding the Mastercard Competition Appeals Tribunal class action case. She spoke about the potential damages payouts to individuals affected by the case.
April 16, 2019, Financial Times
Louise Freeman is quoted in the Financial Times regarding a class action suit against Mastercard. Ms. Freeman said the Court of Appeal has “sent a clear signal” that the tribunal has set the bar too high in assessing whether the mass claim should proceed.
April 16, 2019, Commercial Dispute Resolution
Louise Freeman spoke with Commercial Dispute Resolution about the Competition Appeal Tribunal class action case against Mastercard. Ms. Freeman says the Court of Appeal has sent “a clear signal that the CAT applied too high a bar in its assessment of the application for a CPO”, which will “impact the assessment of both this application when it returns to the CAT ...
April 16, 2019, Global Competition Review
Louise Freeman spoke with Global Competition Review regarding the class action UK Competition Appeal Tribunal case against Mastercard. Ms. Freeman said the appellate court has sent a clear signal that the CAT applied too high a bar in its assessment of the application for a collective proceedings order. She adds, this will not only affect the assessment of this ...
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.
October 23, 2018, The Law Society Gazette
Daniel Cooper spoke with The Law Society Gazette regarding a UK Court of Appeal decision that could make employers vicariously liable for employees’ actions even if they had taken preventative steps and bore no criminal responsibility. Mr. Cooper said the employer should bear the enterprise risk and assume liability for the actions of its employees, as long as ...
Attorneys address the disputed future of Nazi-looted art
September 28, 2018, San Francisco Daily Journal
Simon Frankel participated in a conference called “Righting a Wrong: The Future of Nazi Looted Art” and is quoted in the San Francisco Daily Journal. Mr. Frankel says, “A museum faced with a restitution claim to a daily accessioned work cannot restitute the work unless it determines that the claim is well-founded.” He adds, “The institution must reasonably ...
July 26, 2018, Bloomberg Law
Mark Gimbel is quoted in a Bloomberg Law story concerning a report by Cornerstone Research and the Stanford Law School Securities Class Action Overall Clearinghouse identifying a shift in merger-related litigation from state to federal court. In the article, Mr. Gimbel also comments on other securities litigation trends, including a possible uptick in Securities ...
INSIGHT: The End of Stacked Actions—Implications Of the Supreme Court’s China Agritech Decision
July 13, 2018, Bloomberg Class Action Litigation Report
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 ...
Five Firms Going Above and Beyond on Pro Bono
May 8, 2018, The AmLaw Litigation Daily
The AmLaw Litigation Daily highlights Covington’s work alongside the ACLU, the Southern Poverty Center, and prisoners’ rights litigator, Elizabeth Alexander, regarding a class action that was filed in the Southern District of Mississippi on behalf of the East Mississippi Correctional Facility’s prisoners, 80 percent of whom are mentally ill. “Prisoners suffer ...
Sports Group Of The Year: Covington & Burling
February 5, 2018, Law360
Covington was named a 2017 Sports Practice Group of the Year by Law360. According to Ben Block, one of the most rewarding aspects of the sports group is the opportunity to work with repeat clients. "But," he adds, "every year and every day is a new, different, and exciting challenge." Commenting on the Tax Court victory on behalf of the Boston Bruins in a ...
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.
May 2, 2017, Law360
Emily Henn is quoted in a Law360 article regarding the evolving state of class action litigation following the Class Action Fairness Act (CAFA) and 2011 Concepcion decision. According to Henn, “There’s a level of attention that courts pay to certification decisions now that makes them much more predictable now that class actions are increasingly brought in ...
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 16, 2017, The Litigation Daily
The Litigation Daily highlights Covington’s representation of Roche in the ongoing Accutane litigation, which recently saw a momentous defense ruling, likely leading to the dismissal of the nearly 3,000 remaining cases. Covington’s Product Liability team is led by Paul Schmidt and Michael Imbroscio.
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. ...
Sports MVP: Covington & Burling's Derek Ludwin
December 21, 2016, Law360
Law360 selected Derek Ludwin as a 2016 Sports MVP and profiled his work over the past year, including his defense of the U.S. Olympic Committee against an antitrust challenge to its longtime ban on on-field advertising brought by Olympic runner Nick Symmonds through his company, Run Gum. “This is an organization that a lot of us grew up following. It’s the ...
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 ...
May 16, 2016, Covington Alert
In a decision closely watched by businesses that are the targets of consumer class action lawsuits, the U.S. Supreme Court confirmed that a plaintiff asserting a statutory claim must make a showing of particularized and concrete harm sufficient to establish Article III standing, even if the underlying statute provides for statutory damages without a separate ...
April 21, 2016, Daily Journal
April 20, 2016
LOS ANGELES — Covington partners Emily Henn, Robyn Polashuk and Sonya Winner have been named to the Daily Journal’s annual list of “Top Women Lawyers” in California. The list recognizes 100 lawyers who “try complex commercial disputes and put together industry-transforming deals.” Ms. Henn, based in the firm’s Silicon Valley office, co-chairs the firm’s Class ...
March 22, 2016, Covington Alert
First opt-out class action launched in the UK
March 8, 2016, Global Competition Review
Alex Leitch and Kenny Henderson are quoted in this GCR article discussing the launch of the first opt-out class action in the UK. According to Leitch, “If the case is not settled and the class is granted a collective proceedings order, this will be the trickle that may form into a steady flowing stream.” He continues by stating that the class seems to be ...
September-October 2015, CDR News
Brussels-based partner Peter Camesasca offers insight on how lawyers are advising claimants and defendants on the new UK class action regime in an article featured in the CDR News September-October 2015 issue. Camesasca says, “What we clearly do see is that there are a number of law firms who are touting this new regime very aggressively…these firms are seeing ...
September 28, 2015, Financial Times
London partner Alex Leitch comments in a Financial Times article on the new UK legislation that will allow US-style class action lawsuits when there are breaches of competition law. If the rules are successful, lawyers predict class actions could be applied to other areas, said Mr. Leitch.
September 14, 2015, Journal of European Competition Law & Practice
Germany raises the standard for class action funding
February 25, 2015, Global Competition Review
Covington'sPeter Camesasca is quoted regarding a Düsseldorf court confirming that the funding model used by Cartel Damage Claims (CDC) in its case against cement cartelists is illegal. "Peter Camesasca, at Covington & Burling in Brussels, says while the ruling is good news for defendants in that it makes group actions in Germany more difficult, it goes against ...
December 22, 2014, American Lawyer
Covington's Michael Imbroscio, Mark Lynch and Phyllis Jones are mentioned in these articles regarding their successful representation of Eli Lilly & Co.
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 and ...
January 15, 2014, Covington E-Alert
Toro and Winner Named Top Women Lawyers in California
5/9/2013
SAN FRANCISCO, May 9, 2013 — Covington & Burling partners Amy Toro and Sonya Winner have been named to the Daily Journal’s annual list of “Top Women Lawyers” in California. The list, which includes 75 litigators and 25 corporate practitioners, recognizes “excellent lawyering and leadership skills among women attorneys.” Ms. Toro was recognized for her work ...
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 ...
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 ...
September 27, 2011
NEW YORK, September 27, 2011 — Twenty Covington & Burling LLP lawyers are recognized in the 2011 edition of New York Super Lawyers. The annual list by Super Lawyers selects only five percent of the total lawyers in the state based upon peer review and the publication’s independent research. Sixteen Covington lawyers were named New York Super Lawyers: Jack ...
June 22, 2011, Covington E-Alert
May 2, 2011, Covington E-Alert
August 31, 2010
WASHINGTON, DC, August 31, 2010 — The U.S. District Court for the District of Vermont has ruled in favor of HP Hood, the second largest dairy processor in the Northeast, in a class action antitrust lawsuit alleging a restraint of trade in the dairy industry. In a 41-page decision issued August 30, federal district judge Christina Reiss granted HP Hood’s motion ...
May 12, 2010
SAN FRANCISCO, May 12, 2010 — For the fourth consecutive year, Covington & Burling LLP partner Sonya Winner has been named to the Los Angeles and San Francisco Daily Journal’s list of “Top Women Litigators” in California. In recognizing Ms. Winner again this year, the editors cite her current representation of Wells Fargo Co. in a major consumer class action ...
December 7, 2007
WASHINGTON, DC, December 7, 2007 — The U.S. Court of Appeals for the D.C. Circuit has affirmed the dismissal of a class-action lawsuit challenging the absence of warning labels on milk informing consumers of the purported risks of lactose intolerance. Covington & Burling LLP successfully represented the defendants, which included Giant of Maryland, Nestle ...
Covington & Burling Announces Five New Partners
October 2, 2003
October 2, 2003 - WASHINGTON, D.C. - Covington & Burling announced the election of five new partners, effective October 1, 2003. "These fine individuals and lawyers, who very much represent the future of our firm, reflect the firm's strengths and diversity, coming as they do from four of the firm's five offices and ranging across our corporate, life sciences, ...
Video Series: Navigating Class Actions
Learn about recent class action developments and trends with Covington's multi-part video series.
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