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- Home
- Practices and Industries
- Regulatory and Public Policy
In an increasingly regulated world, Covington helps clients seize opportunities, navigate complex problems, and resolve difficult disputes.
Described as “well connected with both the regulators and thought-leaders,” by Chambers and Partners, we have more than 120 former regulatory and enforcement officials among our ranks.
With strength in litigation, investigations, and corporate work and deep knowledge of policy and policymakers, we turn regulatory insight into practical advice for doing business anywhere in the world.
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.
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.
Internal investigation for financial institution
Conducted an investigation for a major international financial institution with regard to possible breaches of UK and EU financial sanctions and wire transfer regulations by the client’s UK branch.
Internal investigations for an aircraft manufacturer
Led more than a dozen internal investigations for a military aircraft manufacturer, including drafting voluntary disclosures filed with the Departments of State and Commerce that were successfully resolved. Also developed export compliance plans for several of the company’s high-profile international projects.
Inverted domestic corporations
We have advised several clients concerning the statutory ban on federal contracting with “inverted domestic corporations.” Our advice has enabled these clients to arrange their business structures and operations so as to maintain contracting opportunities to the maximum extent possible.
International procurement capacity building
Through the United Nations Development Program, the International Senior Lawyers Project, and the U.S. Department of Commerce’s Commercial Law Development Program, we provide procurement law expertise and training to senior procurement officials of foreign governments including Liberia, Iraq, and Afghanistan to help those countries build capacity for conducting predictable and transparent procurements. This experience allows us to provide specific, knowledgeable advice to clients wishing to pursue procurements conducted by foreign governments.
Investigating Insider Thefts
We have directed investigations into cyber-based insider thefts of highly sensitive proprietary information and consumer information.
IP Obligations under WTO/TRIPS
Retained by a WTO member to assess the consistency of certain Chinese requirements affecting the licensing of intellectual property rights with its obligations under WTO/TRIPS.
Helping Clients Increase Their CPA Zicklin Scores
On behalf of major fortune 500 clients, we have negotiated increased CPA-Zicklin scores, which improves their corporate governance profile, reducing the risk that those clients would be targets of litigation, shareholder proposals, and other initiatives.
Iran sanctions advice for a financial services provider
Represented a multinational financial services provider in strategic matters relating to potential Court of Justice of the European Union (CJEU) litigation pursuant to the EU sanctions against Iran.
“Issue advocacy” campaigns
We have advised numerous tax-exempt organizations regarding “issue advocacy” campaigns during election years.
Iran Sanctions Investigation for Pharmaceutical Company
Conducted an Iran sanctions investigation for a major pharmaceutical company.
Iran and Sudan Sanctions Advice
Secured export licenses enabling leading pharmaceutical companies to sell millions of dollars’ worth of medical products to Iran and Sudan, and permitting consumer products companies to export agricultural commodities to those countries.
Joint Venture for Creation and Launch of 120 Sports
Represented NHL in connection with its entry into a joint venture with Silver Chalice Partners, Sports Illustrated and Major League Baseball Advance Media for the creation and launch of 120 Sports, the first multi-sport, league-created digital network in the United States. In addition to MLB and NHL content, the digital network will include content from the NBA, NASCAR and a number of college conferences. The network is expected to offer 24/7 programming on an unauthenticated basis, including live sports highlights and related news programming.
Laird’s acquisition of Microwave Materials Group and Emerson & Cuming Microwave Products
Represented the Microwave Materials Group and Emerson & Cuming Microwave Products in their sale to Laird Holdings.
Largest Suspension and Investigation in USAID's History
A voluntary disclosure to USAID by one of its largest not-for-profits led the agency to suspend the entity for potential false claims and lack of internal controls, resulting in the board of directors forcing the resignation of the entity’s leadership team and hiring our lawyers to resolve the matters. When the agency refused to lift the suspension due to the lack of trustworthy internal controls and the entity was on the brink of shuttering its doors, our lawyers successfully negotiated a grand bargain to transfer nearly all of the programs, assets, and employees to another not-for-profit and settle the False Claims Act (FCA) investigation.
Largest public FARA investigation in recent years
We represented a consulting firm in an internal investigation and retroactive registration for activities undertaken by the firm for a foreign government – the largest public FARA investigation in recent years.
Launch of the WWE Network
Represented WWE in the launch of the WWE Network, a direct-to-consumer, subscription-only, online video channel that will air round-the-clock programming, including new programs and matches, an on-demand service, WrestleMania, and a six-decades-deep library for $9.99 a month. This is one of the first sports “over the top” offerings in the United States and the transaction received a great deal of publicity as a result.
Leading Carriers of a Major Container Shipping Alliance in Their Global Strategy
Representing the leading carriers of a major container shipping alliance as they expand, deepen and widen their global cooperation.
Leading FARA case
One of the leading FARA cases is Attorney General v. Covington & Burling, which established that the attorney-client privilege survives a FARA registration.
Leading semiconductor transactions
Represented Mubadala Development Company and Advanced Technology Investment Company in joint venture with Advanced Micro Devices to form GLOBALFOUNDRIES, and represented GLOBALFOUNDRIES in its acquisition of IBM’s semiconductor manufacturing business.
Liaison for group of U.S. multinationals with BCRs
Managing and acting as the liaison for a group of U.S. based multinationals that have put BCRs in place and exchange their BCR experience.
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.
John Lone on Opportunities in China
Advised actor John Lone (of "M. Butterfly," "Rush Hour 2" and the Academy-award winning "The Last Emperor") in exploring China opportunities.
JP Morgan Chase
In obtaining the dismissal of an antitrust class action alleging that a number of credit-card issuers conspired to adopt arbitration clauses in their credit card agreements. 2006 WL 2685082 (S.D.N.Y. Sept. 20, 2006).
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.
Joint Ventures for Multiple Broadcast Clients
Representation of the first joint venture to provide Mobile Digital Television ("Mobile DTV") services in the United States in establishing a nine-company venture, as well as in negotiating a national joint venture with NBC, Fox and Ion Media to deploy this new digital service. This project has involved leading the negotiation of the Pearl Mobile DTV venture, leading the negotiation of certain programming and content agreements, and heading up public policy efforts with Congress, the White House, and the FCC.
Jury verdict for aerospace client
Obtained a complete jury verdict for an aerospace contractor accused of conspiring with the employee of a competitor to misappropriate trade secrets. The plaintiff had sought $30,000,000.
Kangaroo Media Inc. in Negotiation of Agreement with Formula One
Kangaroo Media Inc. in the negotiation of an agreement with Formula One for the rights to provide a handheld TV service to racing fans at F1 events around the world.
Keanu Reeves and Stephan Hamel's Production Company on Project in China
Advised Keanu Reeves and Stephan Hamel’s production company, Company Films, on China projects.
Kentucky Fried Chicken (KFC) against False Advertising Claims
Representation of Kentucky Fried Chicken (KFC) against false advertising claims based on a KFC promotion that were asserted as a class action in the Western District of Virginia.
King Pharmaceuticals Acquisition by Pfizer
Representation of King Pharmaceuticals in its $3.6 billion acquisition by Pfizer.
Kos Pharmaceuticals Medicare Part D coverage
Assisted Kos Pharmaceuticals in obtaining Medicare Part D coverage for its previously excluded product.
Labrador Communications in Exclusive Content Distribution Agreement with Cingular Wireless
Labrador Communications, a start-up new media company, in its exclusive content distribution agreement with Cingular Wireless for the distribution of Labrador’s stock-car racing audio programs as a subscription service to Cingular’s mobile telephone customers.
Landmark Ruling for Tennis Channel
FCC handed Covington a decisive victory to the Tennis Channel in its discriminatory carriage lawsuit against Comcast Cable Communications, the largest distributor of video programming content.
Latin America customs clearances internal investigation
Conducted internal investigation relating to customs clearance practices for automotive parts in various Latin American countries.
LaRue v. DeWolff, Boberg & Assocs., Inc., 128 S. Ct. 1020 (2008) (counsel for amicus)
The U.S. Supreme Court held that a participant stated a colorable ERISA fiduciary breach claim for losses stemming from the alleged failure to implement investment directions for his 401(k) plan account. In a concurring opinion, Chief Justice Roberts cited our amicus brief for The ERISA Industry Committee in stating that such actions might need to be brought as benefits denial claims and subjected to exhaustion of administrative remedies.
Lawsuit Challenging State Ethanol-Free Gasoline Requirements
American Petroleum Institute and American Fuel and Petrochemical Manufacturers as plaintiffs in lawsuits challenging the validity of state laws requiring refiners to sell ethanol-free gasoline to distributors and retailers.
Leading Food and Pharmaceutical Manufacturers on Advertising Requirements
Counseled leading human and animal food and pharmaceutical manufacturers on all facets of food and drug labeling, marketing and advertising requirements.
Iran retaliatory sanctions
Have helped companies understand U.S. retaliatory sanctions directed at Iran (through the Iran Sanctions Act as recently amended by the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, or CISADA) and counterpart EU measures.
Legislation granting visa access for New Zealand nationals
We represented the Embassy of New Zealand in seeking the passage of legislation that would permit NZ nationals to access trade and investment visas in the United States. Covington assisted the Embassy in devising a legislative strategy, drafting the legislation, and lobbying key members of Congress and the Administration.
Legislative advocacy for wind energy company
We represented a wind energy company on tax and energy legislation.
Legal environment evaluation project
Advising the Mohammed Bin Rashid Al Maktoum Foundation and the John D. Gerhart Center for Philanthropy and Civic Engagement at the American University in Cairo to undertake a legal environment evaluation project for philanthropy in the Arab World.
Libel Defense Litigation and Prepublication Review of News and Other Content for Broadcasters
Libel defense litigation and prepublication review of news and other content for broadcasters in some 35 states, including First Amendment, newsgathering, copyright, defamation and privacy advice, and opposing subpoenas from prosecutors and others.
Libya and Syria sanctions advice
Advised companies regarding U.S. and EU sanctions on the Qaddafi regime in Libya and the Assad regime in Syria, including obtaining licenses to permit certain ongoing business activities in Libya.
LIN TV Corp. in Acquisition of Red McCombs Media
LIN TV Corp. in its acquisition of Red McCombs Media, an online advertising company and one of Inc. magazine’s fastest-growing private companies.
Litigation Challenging FCC's Rule on Telemarketing and Fax Advertising
Lead role in litigation challenging the FCC’s rules on telemarketing and fax advertising.
Litigation Challenging Offshore Oil and Gas Leasing Program
Represent client in litigation challenging the U.S. Department of the Interior's five year-offshore oil and gas leasing program under the National Environmental Policy Act and the Endangered Species Act.
Lobbying Disclosure Act audit
Conducted an audit of Lobbying Disclosure Act compliance practices for a Wall Street financial institution.
Lobbying Disclosure Act audit for financial institution
Conducted an audit of Lobbying Disclosure Act compliance practices for a Wall Street financial institution.
Lobbying Disclosure Act registration and reporting advice to financial firm
Provided advice to a financial firm on registering under the LDA and assisting the firm with ongoing reporting obligations.
Lobbying disclosure advice to Fortune 50 company
Advising a multinational heavy equipment manufacturer on a range of federal and state campaign finance, lobbying disclosure, and government ethics matters.
Lobbying disclosure advice to major trade association
Serve as outside political law compliance counsel to a major trade association, advising on a range of matters, including the Lobbying Disclosure Act and federal election laws.
Los Angeles County Transit System Alternative Fuel Incentives
Represent Los Angeles County Transit System on alternative fuel incentives.
LTV Steel environmental recoveries
Represented LTV Steel in obtaining more than $40 million in recoveries for environmental liabilities from numerous settlements.
Manufacturers' Suggested Retail Pricing Matters
Representation of clients on connection with inquiries concerning manufacturers’ suggested retail pricing.
Safety Data Sheet Requirements for Surgical Product
Advise client on Safety Data Sheet requirements for a surgical product.
Safety Data Sheet Requirements for Food Product
Advise client on Safety Data Sheet requirements for a novel food product.
Safety Data Sheet Requirements for Biochemical Reagents
Advise client on Safety Data Sheet requirements for biochemical reagents.
National Stone Association in OSHA Rulemaking Proceedings
Represented the National Stone Association in OSHA rulemaking proceedings to establish a new standard for asbestiform minerals.
Construction Company Regarding Potential OSHA Issues
Advised a construction company concerning potential OSHA issues in connection with shipments of construction stone from a quarry in Canada to America.
CenturyLink's $34 billion Acquisition of Level 3 Communications
Representing CenturyLink, Inc. on communications regulatory and national security matters in connection with its acquisition of Level 3 Communications Inc. in a transaction valued at $34 billion.
Portfolio Recovery Associates CFPB Investigation, Enforcement Action and Consent Order
Represent Portfolio Recovery Associates, a large debt collection firm, in a CFPB investigation and enforcement action that resulted in the negotiation and implementation of a consent order.
Consumer Financial Protection and Practices
Advise numerous financial institutions and non-bank financial services firms on unfair, deceptive, or abusive acts or practices (“UDAAPs”), fair lending, overdraft programs, credit cards, installment loans, and other consumer credit products, payments and payment systems, military lending, and managing vendor and other third-party relationships.
Trade Association Strategy and Political Advocacy
Represent industry trade associations, including the Online Lenders Alliance, Consumer Data Industry Association, and American Bankers Association, in connection with CFPB and FTC regulatory strategy and policy advocacy, preparing comment letters on CFPB rulemakings, and amicus briefs.
Fintech Financial Regulatory and Data Privacy Compliance
Advise numerous financial technology and services companies, including consumer reporting agencies, payment processors, and technology providers, on issues related to consumer credit reporting, financial privacy and data security, payment processing and payment systems, and state licensing requirements.
$44 Million Breach-of-Contract Recovery for KBR
Recovered $44 million plus interest on behalf of Kellogg Brown & Root Services Inc. (KBR) in a highly-publicized breach of contract dispute with the United States Army regarding the allowability of private security costs. The U.S. Court of Appeals for the Federal Circuit unanimously affirmed a ruling by the Armed Services Board of Contract Appeals that held the Army breached its contractual obligation to provide physical security to KBR and its subcontractors during the Iraq War.
Six-Year Dispute with DOJ Ends with Declination
Our client, a major aerospace manufacturer, was accused of misrepresenting key facts to a government agency, resulting in the agency's decision to move forward with a rocket launch that eventually failed. The client enlisted Covington’s representation in what ended up being a six-year, high-stakes dispute with DOJ. Our compelling presentation and mastery of the details bolstered our arguments, and DOJ ultimately advised it would not pursue a False Claims Act case against the company.
Blockchain Public Policy Counsel
We provide regular government affairs and public policy support and advice to a blockchain infrastructure and transaction processing company. In particular, we help them identify key stakeholders for Blockchain issues and guide them in their discussions with regulators in various jurisdictions and various industry sectors.
Dismissal of Allegations Related to Security Contract
Won motion to dismiss for Tyco and ADT in a False Claims Act suit relating to security contracts with federal judiciary.
Bacardi Transaction
Covington advised Bacardi Limited in its definitive agreement to acquire Patrón Spirits International AG and its PATRÓN® brand, the world’s top-selling ultra-premium tequila, from John Paul DeJoria, a founder of Patrón. The transaction reflects an enterprise value for Patrón of $5.1 billion.
Vivint Solar Acquisition by SunEdison
Morgan Stanley as financial advisor to Vivint Solar, Inc. in its $2.2 billion acquisition by SunEdison, Inc.
Residential Solar Division Sale to groSolar
Borrego Solar Systems Inc. in connection with the sale of its residential solar division to groSolar Inc.
In re Automotive Parts Antitrust Litigation
Represent Alps Electric in putative class actions alleging price-fixing in the heater control panel market.
In re Automotive Parts Antitrust Litigation - Fuel Injection Systems
Represent Keihin Corporation in putative class actions alleging price-fixing in the fuel injection systems business.
$2 billion Los Angeles Clippers Acquisition
Represented Steve Ballmer in his $2 billion acquisition of the Los Angeles Clippers from The Sterling Family Trust.
$150 million recovered for railroad clients
Represented railroad clients in obtaining more than $150 million through scores of settlements for FELA, environmental, and employment practice claims.
$200 million recovered for utility companies
Represented a number of utility companies in obtaining more than $200 million in environmental and toxic tort settlements.
3rd Party Access to Distribution Resources and Required Retail Market Structure
Major national retail electricity supplier on the rules regarding 3rd party access to distribution resources and the retail market structure required to facilitate robust electricity supply competition in a dozen states including Texas, Pennsylvania, Illinois, Maine, Maryland, New York, Massachusetts and Ohio.
80-Member Media Coalition to Protect Journalists’ Rights
Led an 80-member media coalition in persuading Congress to introduce legislation to protect journalists’ rights to protect their sources.
Abbot Laboratories - AbbVie de-merger
Advising Abbott Laboratories in relation to all privacy aspects of its global de-merger, involving the division of the company into a research-based business, AbbVie.
AbbVie/Calico $1.5B collaboration
Assisting AbbVie in structuring and negotiating a novel collaboration with the Google-backed life sciences start-up company Calico to form a $1.5 billion to fund a program focused on aging and age-related diseases.
Abu Dhabi National Energy Company's energy investments
Represented Abu Dhabi National Energy Company (TAQA) in its acquisitions of a 50 percent interest in a wind farm from EDF and of a tolling arrangement in the electric power industry.
Acquisition of A123 Systems by Wanxiang America
Advised Wanxiang America’s purchase of substantially all of the non-government business assets of U.S. battery maker A123 Systems, Inc. On Jan. 28, 2013, CFIUS approved that transaction, valued at $256.6 million. Covington represented Wanxiang America in securing CFIUS approval. A123 makes lithium ion batteries for electric cars.
Acquisition of Cubic Advanced Technical Systems
Represented Rafael Advanced Defense Systems in its acquisition of the remaining membership interests in Cubic Advanced Technical Systems.
Acquisition of IBM's semiconductor manufacturing business
Represented GLOBALFOUNDRIES in its acquisition of IBM’s semiconductor manufacturing business. The transaction was significant because IBM’s semiconductor business was the original member—and IBM remains the most significant participant— in the U.S. government’s Trusted Foundry Program.
Legislative Victory in a 2016 FDA Nutrition Facts Panel Rule
When the 2016 Nutrition Facts Panel final rule required manufacturers to submit evidence demonstrating that their products met new standards, our client, a Midwestern food ingredients company, immediately complied. However, they were told the FDA would not be able to review the data in time to renew the company’s contracts. Faced with losing its domestic customers for its flagship products, we organized a robust appropriations strategy involving a series of high-level communications. Through our efforts, the FDA delayed compliance long enough to allow for due process. The company was able to swiftly renew its contracts with its biggest customers.
Modern Slavery Reporting Requirements
Advising numerous clients across a range of industries on the drafting of transparency statements required by the UK Modern Slavery Act.
Successfully Defended $50 Million Sole-Source Award by Air Force
Successfully defended a $50 million sole-source contract extension to an air combat services contractor. We persuaded GAO to dismiss all but one of the protester’s claims, which caused the protester to withdraw its protest before GAO reached a decision.
Representation of Microsoft in Landmark Case Involving Data Stored Abroad
Successfully challenged U.S. government warrant seeking data stored in Ireland. After a favorable decision from the Second Circuit—and while the Supreme Court was reviewing the case—Congress enacted the CLOUD Act, a modernized framework for cross-border data requests. See United States v. Microsoft Corporation, No. 17-2 (U.S.).
Acquisition of Global Crossing
Represented Global Crossing in its acquisition by Singapore Technologies Telemedia and earlier phase involving Hutchison Whampoa.
Acquisition of Schneider Electric’s Custom Sensors & Technologies business
Represented the Carlyle Group and PAI Partners in the acquisition of the Custom Sensors & Technologies business from Schneider Electric.
Sale of CIT Group’s Commercial Aircraft Leasing Business
Represented CIT Group before CFIUS in the sale of its commercial aircraft leasing business to Avolon Holdings, a firm owned by the Chinese conglomerate HNA Group.
Acquisition of Viper Strike business
Represented Northrop in the sale of its Viper Strike business to MBDA.
Advising global chemicals company on international data transfers
Advising a multinational chemicals company on international data transfers.
Advising on domestic sourcing compliance under subgrants and state and local agreements
Advised multiple for-profit clients about domestic sourcing requirements imposed under subgrants and state and local agreements through various Departments of Transportation and Energy appropriations, New Jersey Buy American requirements, and the American Recovery and Reinvestment Act of 2009.
Advising on Safe Harbor framework
Helping numerous companies self-certify under the Safe Harbor framework.
Agricultural manufacturer global relationship building
We assisted one of the world’s largest manufacturers of agricultural equipment in establishing and strengthening relationships with key constituencies in the United States, Africa, and South America, including with relevant government officials and international NGOs. With our knowledge of global development programs and agricultural initiatives, we helped identify future markets and consumers through relationships with U.S. and non-U.S. government officials as well as international NGOs.
Advocating On Behalf of Clients Before Congress
Advocating on a variety of legislative and policy issues before Congress on behalf of major corporations and industry associations, including United Airlines, Union Pacific Railroad, Associated of General Contractors, American Association of State Highway and Transportation Officials, Association of Equipment Manufacturers, and U.S. Custom Harvesters.
American Express’s Divestiture of Its Global Travel Business
Representation of American Express in the divestiture of its global travel business to form a joint venture with Certares LP, which was the largest foreign investment ever in a travel management company and included Middle Eastern government-owned investors.
American Airlines on Global Ticket Inventory Distribution Agreements
Representing American Airlines on a series of global ticket inventory distribution arrangements with Amadeus, Sabre, and Travelport, and in information technology services agreements with Amadeus, Sabre, HP, and ITA Software (Google).
Antidumping and Countervailing Duty Proceeding for Freight Railroad Company
We represented a freight railroad company in an antidumping and countervailing duty proceeding at the International Trade Commission covering certain intermodal containers from China. We assisted the company in successfully opposing the imposition of antidumping and countervailing duties on the Chinese containers.
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.
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 Sale of ICQ Instant Messaging Business
Represented AOL in the sale of its ICQ instant messaging business to Mail.ru Group Limited.
Arms Export Control Act - third party beneficiary claims
Our client sold microchips under a U.S. Air Force Foreign Military Sales (FMS) transaction to a foreign ally’s defense ministry, in a “back-to-back” sale under the Arms Export Control Act (AECA), in which the Air Force purchased the microchips from our client and then sold them in turn to the foreign defense ministry. The foreign defense ministry then sought to present warranty claims directly against our client, claiming to be a third-party beneficiary under our client’s contract with the Air Force. We waged successful litigation in federal trial and appellate courts raising issues of first impression, which established that third-party beneficiary claims are not available, given the public policy and intent of the AECA.
Assisting clients with VA Schedule contracts involving medical equipment and pharmaceuticals
Assisted numerous clients with matters arising under U.S. Department of Veterans Affairs schedule contracts, blanket purchase agreements, and related national agreements, including matters relating to price reporting, drafting of proposals, interactions with federal employees, small business subcontracting, and compliance with other commercial-contracting requirements.
Assisting with cost classification determinations and implementation of subaward negotiation requirements
Advised global nonprofit organization on the appropriate classification of proposal costs claimed in connection with extensions of existing contracts and grants, as well as requirements relating to negotiation of profit under sole-source subawards for commercial items.
Assisting with review and overhaul of FSS pricing model
We advised a large technology reseller in conducting a review and revision of its pricing practices under its Federal Supply Schedule (FSS) contract with the U.S. General Services Administration (GSA). In addition to identifying and addressing potential pricing irregularities, we successfully guided the company through an overhaul of its Commercial Sales Practices Format (CSP-1) disclosure and convinced the GSA to permit our client to implement an alternative pricing model that greatly reduced administrative burdens.
Atlas Pipeline Merger
Represented The Special Conflicts Committee of the Board of Directors of Atlas Pipeline Partners, L.P. in its $5.8 billion merger with Targa Resource Partners LP.
Automotive joint venture advice
Advising on a development and production joint venture formed by two leading suppliers of components for automobiles, trucks, and commercial vehicles, and on a distribution joint venture of leading commercial truck manufacturers.
NICE Challenge for Irish Biopharmaceutical Company
Advised the wholly owned Irish subsidiary of a major U.S. biopharmaceutical company on a negative recommendation from the UK's NHS reimbursement from the National Institute of Health and Care Excellence (NICE) on a treatment for obesity and an appeal against it.
EU and U.S. Food Regulatory Requirements and Approvals
Advising a range of Irish companies on EU and U.S. food regulatory requirements and compliance.
$1.75 billion divestiture of IBM’s personal computers division
Represented IBM in the $1.75 billion sale of its personal computers division to Lenovo.
$1 Billion Breach-of-Contract Recovery
Obtained what is likely the largest single award in the 150-year history of the Court of Federal Claims: a $1 billion judgment on behalf of 11 plaintiffs in claims against the U.S. government seeking monetary recovery for the government’s breach of contract. The award was affirmed by the Federal Circuit.
AOLs advertising businesses
Providing general privacy advice in connection with AOL’s advertising businesses.
$15 billion acquisition of Nexen by CNOOC
Represented Nexen in its $15 billion acquisition by China National Offshore Oil Corporation Ltd.
$220 Million Acquisition of Align Aerospace
Represented Align Aerospace in its acquisition by a subsidiary of Aviation Industry Corporation of China (AVIC), the Chinese state-owned aerospace and defense company, in a transaction worth $220 million.
$2.1 billion acquisition of IBM server business by Lenovo
Represented Lenovo in various matters, including acquisition of x86 server business from IBM for $2.1 billion.
$3.7 billion acquisition of Sapient by Publicis Groupe
Represented both Publicis and Sapient in securing approval from CFIUS for Publicis’ acquisition of Sapient for $3.7 billion.
$5.6 billion acquisition of Invensys plc
Represented Schneider Electric on the CFIUS review and approval of its $5.6 billion acquisition of Invensys plc.
$3 billion CNOOC investment in Chesapeake Energy
Represented China National Offshore Oil Corporation Ltd. (CNOOC) in separate investments in the Eagle Ford and Niobrara shale properties held by Chesapeake Energy.
$500 million in recoveries for oil and gas companies
Obtained nearly $500 million in judgments and settlements for multiple oil and gas companies in breach of contracts case against the U.S. government involving undeveloped federal oil and gas leases offshore North Carolina, Alaska, and Florida.
50 state pay-to-play survey
We offer a subscription service that provides clients with updates on pay-to-play laws in all 50 states.
$750 million Dassault Systèmes acquisition of Accelrys
Secured CFIUS approval for Dassault Systèmes in its acquisition of Accelrys, whose customers included the U.S. Department of Defense and the leading U.S. nuclear laboratories, in a transaction valued at approximately $750 million.
$9.5 billion proposed acquisition of the New York Stock Exchange
Represented Deutsche Börse in its proposed $9.5 billion acquisition of the New York Stock Exchange. The transaction was subsequently terminated on EU antitrust grounds.
Abbott Laboratories de-merger
We represented Abbott Laboratories in connection with its global spin-off of its pharmaceutical research business, and creation of a new global enterprise, AbbVie.
Aabar's investment in Virgin Galactic
Represented Virgin Galactic in Aabar Investments PJSC’s investment in the company.
Acquisition of Enstrom Helicopter
Represented Enstrom Helicopter in its acquisition by Chongqing Helicopter Investment Co., Ltd., a company owned by the Municipality of Chongqing, China.
Supplier Relationships: Documents and Strategy
Advising a leading consulting firm on the drafting and implementation of its new supplier code of conduct, and the scope of related contractual clauses, audit rights, and other compliance documentation and issues.
Assisted International Broadcaster on Its Application for a Broadcasting License
Assisted an international broadcaster its application for an Ofcom broadcasting license and advise on regulatory compliance on an ongoing basis.
Declination in Investigation into Alleged Small Business Fraud
Convinced Department of Justice to decline intervention in qui tam action alleging false statements concerning eligibility for small business credits.
Acquisitions by Pacific Telecom
Represented Pacific Telecom in the company’s acquisitions of Micronesian Telecommunications Corporation and IT&E Overseas, Inc.
Advertising terms and guideline
Routinely draft ad-serving agreements, data licenses, and advertising terms and guidelines for website advertising and advertising delivered on mobile and social media platforms.
Advice on removing discriminatory regulatory barriers
Advised a client in its international efforts to remove discriminatory regulatory barriers threatening to keep its product from the market in South Africa, the EU, India, and elsewhere.
Advice on the collection and use of employee data
Advised a major pharmaceutical client on the collection and use of its employees’ biometric information and social security numbers for internal purposes.
Advice on the monitoring of employee communications
Conducted a pan-European and selective U.S. survey of laws and regulations affecting an employer’s right to monitor employee’s Internet use and review electronic communications. We have also advised numerous clients on the law governing call recording and access to (and disclosure of) employee e-mail, including in connection with several personal crises and actions.
Advice regarding bid and proposal costs
Advised our client regarding the circumstances in which bid and proposal costs may be claimed as reimbursable costs under a USAID contract, despite agency directive purporting to make virtually all such costs unallowable.
Advice to major corporations on vetting issues
Covington advised major corporations on vetting issues related to cabinet appointments.
Advice to nominees to Presidential boards and commissions
Covington has advised nominees and potential nominees to a variety of Presidential boards and commissions.
Advice to U.S. Ambassador appointee
Covington successfully represented an individual who was vetted and confirmed for an appointment as the U.S. Ambassador to a major European country.
Advising clients in complex transactional work with life sciences portfolios involving government contracts
Advised multiple clients on unique government contracting considerations in the sale or licensure of their life sciences portfolios to companies with a broad range of government contracting experience.
Advising clients on pricing and contracting under Veteran’s Health Care Act programs, including VA FSS, 340B, and Tricare
Advice to numerous clients regarding compliance with the statutory and contractual pricing obligations under the Veteran’s Health Care Act (VHCA), including performing gap analyses, providing policies and training, and assisting with investigations and disclosures.
Advising clients regarding anti-human trafficking compliance
Advised multiple clients concerning the Federal Acquisition Regulation’s anti-human trafficking requirements, which were expanded in early 2015. Our advice has included creating employee policies and trainings to facilitate compliance and developing contractor compliance plans that, among other things, provide tools for monitoring subcontractor adherence to human trafficking prohibitions.
Advising clients on the negotiation and performance of contracts with the Biomedical Advanced Research and Development Authority, the Defense Threat Reduction Agency, and the National Institutes of Health
Advised multiple clients on matters arising from their negotiation and performance of manufacturing and research and development contracts relating to various pandemic and Chemical, Biological, Radiological and Nuclear (CBRN) threats, including matters relating to government indemnification or liability protection for unusually hazardous risks, compliance with cost standards and principles, and protection of intellectual property.
BAA and TAA compliance counseling
Assisted major suppliers of office and aeronautics equipment to navigate the Buy American and Trade Agreements Acts, ensuring that the clients’ products are domestic end products, qualifying country end products, designated country end products or U.S.-made end products eligible for sale to the U.S. government.
BCRs for global heavy equipment manufacturer
Assisting a multinational manufacturer of heavy equipment in the adoption of BCRs.
BCRs for global heavy machinery manufacturer
Assisting a multinational manufacturer of machinery in the developing of BCRs.
BCRs for multinational conglomerate
Assisting a multinational manufacturer of products for the aerospace and building industries in developing BCRs.
BCRs for multinational e-commerce company
Assisting a global e-commerce company in preparing and filing BCRs with the Luxembourg data protection authority.
Binding Corporate Rules for global pharmaceutical company
Assisting GSK plc in its adoption of Binding Corporate Rules (BCRs) in order to permit the company to transfer personal data globally. We helped develop GSK’s privacy compliance program, obtain the UK data protection authority’s approval and continue assisting GSK during the subsequent implementation.
Boycott request analysis
Analyzed boycott requests received by U.S. companies and their foreign subsidiaries and reporting boycott requests to the U.S. Commerce and Treasury Departments.
Successfully Represented Communications Manufacturer in Proposed Debarment Before GSA
Represented a manufacturer of lightweight communications supplies that had been proposed for debarment by the General Services Administration ("GSA"). After obtaining an emergency waiver of the proposed debarment, which enabled our client to continue filling new orders, we filed a formal written response that convinced GSA to terminate the proposed debarment.
Won Lawsuit Challenging GSA Debarment of Tech Entrepreneur
Successfully litigated a challenge to the debarment of a technology entrepreneur by the General Services Administration, resulting in a published 43-page opinion setting aside the debarment on the basis of due process violations.
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.
Biofuels Manufacturing Plant on Contaminated Property
Represented a client on environmental matters relating to building a biofuels manufacturing plant on contaminated property on a waterway in New Jersey.
Meretek Diagnostics ITC Section 337 Investigation
Representation of Meretek Diagnostics in the ITC Section 337 Investigation: Breath Test Systems for the Detection of Gastrointestinal Disorders, USITC Inv. No. 337-TA-495 (Complainant).
Nidek ITC Section 337 Investigation
Representation of Nidek in the ITC Section 337 Investigation: Excimer Laser Systems for Vision Correction Surgery and Components Thereof and Methods for Performing Such Surgery, Inv. No. 337-TA- 419 (Respondent).
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.
Canadian IP trade dispute
Life sciences companies are being negatively impacted as a result of patent practices in Canada that are leading to the premature invalidation of pharmaceutical patents. We represent a major life sciences company in a dispute under the North American Free Trade Agreement (NAFTA) seeking compensation for losses suffered by Canada’s internationally inconsistent patent practices.
Case of first impression arising from an FMS contract
Represented a U.S. electronics manufacturer in federal trial and appellate courts against contract claims by a foreign sovereign government asserting third-party beneficiary rights under a Foreign Military Sales (FMS) contract. The case raised issues of first impression under the Contract Disputes Act and Arms Export Control Act (AECA).
CFIUS counsel to AudioCodes in various acquisitions
Represented AudioCodes in its acquisitions of Netrake Corp and Nuera Communications.
Check Point Software Technologies acquisitions
Represented Check Point Software Technologies in the company’s acquisitions of NFR Security, Inc., the security appliance business of Nokia, Liquid Machines, Inc., and PointSec Mobile Technologies.
Children's Online Privacy Protection Act
Advised operators of child-directed websites and services on strategies for communicating their child-directed nature to third-party advertising partners in connection with the revised COPPA Rule, and agency inquiries.
Children’s Advertising Review Unit inquiry
Assisted the operator of a child-directed website in responding to an inquiry by the Children’s Advertising Review Unit (CARU) regarding its online behavioral advertising practices.
Children’s privacy FTC inquiry
Represented operators of online websites and mobile apps in responding to informal FTC inquiry letters involving alleged violations of the Children’s Online Privacy Protection Act.
China Investment Corporation’s investment in AES Corp.
Represented China Investment Corporation in its $1.6 billion investment in AES Corp.
China market access
Advised several leading U.S. companies in responding to existing and proposed Chinese trade barriers, including in the areas of intellectual property, technology standards, and competition law, and helped our clients succeed in raising the profile of these issues in U.S. bilateral negotiations with China.
Co-lead counsel for POM Wonderful
Co-lead counsel for POM Wonderful in landmark advertising litigation with FTC concerning health claims for food products.
Compliance program for a defense company
Developed a major defense company’s comprehensive export controls compliance best-practices manual covering a range of export control topics. We seconded one of our associates to the company’s core export compliance organization to work on this project, which required synthesizing existing company compliance material and standardizing export compliance practices across a diverse group of businesses.
Compliance program for global energy company
Developed a compliance program for the Asia-Pacific offices of a global energy and industrial company that covers trade controls and anti-corruption laws and regulations and includes guidance on restricted party and embargoed country screening, U.S. export licensing, and recordkeeping requirements.
Compliance with DBE requirements
Representing a large automotive parts manufacturer in its response to a show cause notice from a local transit authority customer, addressing questions regarding Disadvantaged Business Enterprise (DBE) participation.
Concurrent House and Senate investigations
We represented a global manufacturer of advanced medical devices in concurrent investigations in the House and Senate regarding reported injuries to patients. The investigation included parallel regulatory inquiries and significant litigation risks.
Comprehensive compliance program for global operations
For a diversified U.S.-based manufacturing company, we developed compliance manuals covering its global operations that addressed export controls, sanctions, and antiboycott compliance, as well as anti-corruption compliance.
Consent Agreement Negotiations with the FTC
In recent years, negotiated multiple consent agreements with FTC in a variety of consumer-facing industries.
Corporate Political Disclosure Advice
We routinely advise corporations and trade associations in connection with corporate political disclosure policies and practices.
CRADA with Air Force Research Laboratory
Representing an aerospace technology company in its negotiation of a Cooperative Research and Development Agreement (CRADA) with the U.S. Air Force Research Laboratory for the testing and validation of privately developed propulsion technology. Addressing key intellectual property protection issues.
CRADA advice for a consumer products company
Advised Fortune 50 consumer products company about its rights and obligations under a Cooperative Research and Development Agreement (CRADA) with a U.S. Department of Energy weapons lab.
CRADA with the Department of Defense
Negotiated a Cooperative Research and Development Agreement (CRADA) with the U.S. Department of Defense for evaluation of innovative automotive technologies in connection with the precursor of the LMTV program.
Crude oil antidumping proceedings
Represented ExxonMobil in antidumping and countervailing duty proceedings related to crude oil.
Cutting-edge cost allowability victory
Successfully represented a major defense contractor, through trial and decision, in board of contract appeals litigation involving the allowability of private security costs allegedly incurred in connection with providing logistical support to the U.S. military during the Iraq War. The case raised cutting-edge cost allowability, contractor-on-the-battlefield, and statute of limitations issues.
Cybersecurity FCA Victory for a Services Contractor
Represented a services contractor in obtaining DOJ declination of allegations involving adequacy of critical cyber infrastructure and negotiated small, five-figure administrative settlement with the agency.
DAA Self-Regulatory Principles
Represented a third party in responding to an inquiry by the Online Interest-Based Advertising Accountability Program regarding compliance with the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising.
DAE acquisition of Landmark and Standard Aero
Represented the Carlyle Group in various matters, including the sale of Landmark and Standard Aero to Dubai Aerospace International.
Data breach notification requirements
Advised a global pharmaceutical company on the data breach notification requirements in more than 80 countries, following a security breach affecting employees in Europe, Asia and the Americas.
Data retention matters
Advised a European telecommunications client on data retention matters, and on strategy and compliance relating to new services using customer data.
DataCard’s $500 million acquisition of Entrust
Represented Entrust in front of CFIUS and on national industrial security regulatory matters in connection with its sale to DataCard Corp.
Deep experience
We have represented clients in numerous other congressional investigations and oversight hearings, including a major internet services company in an investigation of its practices abroad, a chemical manufacturer in an investigation of the safety of its products, an insurance company in a hearing on the federal long term care insurance program, a financial services company in an investigation of credit card terms, and drug companies in investigations concerning such matters as payments to doctors, marketing practices, generic approvals, drug importation, and drug safety.
Defense and aerospace enforcement investigations
Represented numerous U.S. defense and aerospace companies in enforcement investigations before the State Department’s Directorate of Defense Trade Controls and the Department of Justice.
Department of Justice inquiry
We represented an ethnic affinity organization, closely associated with a foreign political party, in successfully addressing a Department of Justice inquiry concerning the organization’s activities.
Developers of child-directed apps
Advised developers of child-directed apps on the FTC’s informal guidance on the collection of audio files and other user-generated content, push notifications, in-app purchases, and other interactive features.
Addressing Regulatory Enforcement Actions
We have addressed regulatory investigations and enforcement actions from regulators in the United States, Europe, and Asia following data breaches. These have included investigations or formal enforcement proceedings brought by the Federal Trade Commission, State Attorneys General, and the Securities and Exchange Commission in the United States, and by data protection authorities and sector-specific regulators across Europe and Asia.
Development of corporate responsibility programs
Advised an oilfield services company on the design and implementation of a corporate responsibility program for its Angolan operations following an FCPA enforcement action.
DOJ Investigation Concerning FCPA Matters
Representation of a mining company in a Department of Justice investigation concerning anti-corruption (FCPA) matters and related civil RICO litigation.
ECPA advice to Microsoft
Advising Microsoft on consent requirements under the Electronic Communications Privacy Act for responding to civil legal process requests in connection with cloud computing services.
Educational and children’s privacy rules
Advising Microsoft on the application of educational and children’s privacy rules to cloud computing services.
Elbit Systems Acquisitions
Represented Elbit Systems in its acquisitions of Tadiran Communications (including Talla-Com and Tallahassee Technologies), Innovative Concepts, Universal Avionics, and M7 Aerospace (among others).
Enforcing NAFTA commitments regarding television programming
Advised major U.S. television program suppliers in enforcing Canada’s market access commitments under the North American Free Trade Agreement (NAFTA).
Ensuring compliance with sourcing restrictions
Counseled our client, a construction material supplier, in connection with a state government construction project partially funded by federal grant funds, and persuaded the prime contractor to accept Mexican-sourced construction material consistent with applicable federal grant restrictions.
DOE grant to support clean energy
Representing a large chemical company in its negotiation of a U.S. Department of Energy (DOE) grant to construct a cathode materials production plant that supplies manufacturers of advanced lithium-ion batteries. Addressing significant property ownership and intellectual property considerations.
EU-U.S. regulatory dispute
Assisted a European telecommunications company in protecting its interests with the European Commission in a bilateral EU-U.S. regulatory dispute.
Export compliance program for oil and gas company
Developed a comprehensive export controls compliance program to assist a U.S.-based oilfield services company in securing approval under the Commerce Department Special Comprehensive Licensing program.
Eight-Year FCA Investigation Ends with Declination
Press reports accusing our client of using inflated labor categories on a billion dollar contract triggered an eight year False Claims Act (FCA) investigation. Eventually, our appeal to senior attorneys at the U.S. Department of Justice’s Civil Division brought an end to the FCA investigation and cleared the way for the client to negotiate an administrative settlement with the contracting agency resulting in a net payment to the client of millions of dollars.
Export controls for encryption hardware and high-performance computers
Assisted global high-technology and financial sector companies with U.S. and other export controls affecting encryption items and high-performance computers.
Export-related visa certifications
Advised companies on deemed export requirements and the completion of export-related visa certifications for non-U.S. workers.
Facebook acquisitions
Advised Facebook, in connection with its acquisitions of Instagram, Oculus, WhatsApp and other entities.
FastenTech’s sale to Doncasters Group
Represented FastenTech in its sale to Doncasters Group, a subsidiary of Dubai International Capital.
Favorable jurisdiction determinations
Represented companies in obtaining favorable product jurisdiction rulings on aircraft parts, materials, and other items.
FDCA, FTC Act, and Lanham Act Compliance for life sciences companies
Advising distributors of prescription drugs and medical devices concerning compliance with the Food, Drug, and Cosmetic Act, FTC Act, and Lanham Act advertising standards.
FCPA investigation for major oil and gas company
Represented Hyperdynamics Corporation in an FCPA investigation by the Department of Justice related to its business activities in the Republic of Guinea. The matter was resolved without any charges being brought against the company.
Financing of foreign military sales
Assisted in the structuring of multi-billion dollar bank facilities to finance the manufacture and delivery of major defense systems to foreign governments under Foreign Military Sales (FMS) contracts.
FTC enforcement
Represented a third-party advertising service in responding to an inquiry by the FTC into the company’s technology for selecting and delivering online advertising. Mmatter was resolved without any formal enforcement action.
Forest City Ratner Companies’ joint venture with Shanghai Greenland Group
Represented Forest City Ratner Companies in a joint venture with Shanghai Greenland Group to develop the Atlantic Yards site in Brooklyn, NY.
FTC Investigation into third-party advertising service
Represented a third-party advertising service in responding to an inquiry by the FTC into the company’s technology for selecting and delivering online advertising.
FTC reviews of advertising practices in the alcoholic beverage industry
Representing trade associations and individual companies in connection with the FTC’s periodic reviews of advertising practices in the alcoholic beverage industry.
Geo-location data issues
Advice on European geo-location data issues for major international service provider.
Global assistance to international corporations on government procurement
One of the world’s largest manufacturers of civilian aircraft wanted to promote its foreign direct investment and expand access to government procurements in the United States and Latin America. We supported the company’s increased engagement in Washington, achieving notable recognition by U.S. policymakers at the most senior levels of government. We also advised on U.S. trade policy, export credit programs, and market access issues.
Global compliance
Conducted a detailed review of the human resources operations of a large pharmaceutical company to assess compliance with data protection and privacy laws and regulations in both the U.S. and EU, in anticipation of possible certification under the U.S.-EU Safe Harbor regime. Our extensive written report described potential compliance issues and recommended specific remedial actions.
Global privacy assessment
On behalf of one of the world’s leading consumer electronics and technology companies, we completed a comprehensive global privacy audit under the laws of the United States, the European Union, and China, including an assessment of the data collection, use, and sharing practices of numerous business units (including HR data), cross-border data transfers, and adopting a going-forward privacy governance and risk-management approach and corresponding policies and procedures.
Government affairs compliance
Advising a self-regulatory body on its government affairs activities, including advising on the tax treatment of these activities.
Hapag-Lloyd and United Arab Shipping Company with EU Investigation
Representing Hapag-Lloyd and United Arab Shipping Company in connection with the Container Shipping investigation in the EU.
Acquisition of U.S. Telecommunications Company
Advise European telecommunications company regarding acquisition of US telecommunications company.
Petroleum Refiner Defense in Private Tort Litigation
Defend petroleum refiner in private tort litigation regarding operation of a crude oil storage and transportation facility.
Pesticide Residue Tolerance Petition
Advise client regarding requirements for and practicalities of submitting a tolerance petition to EPA to allow pesticide residue to remain on food products.
Pharmaceutical marketing programs
Advising global pharmaceutical companies on HIPAA and state privacy issues relating to pharmaceutical marketing programs.
Pharmaceutical manufacturer
We represented a pharmaceutical manufacturer during debate on the Patient Protection and Affordable Care Act (ACA) with regard to Medicare payment reform provisions.
Pharmaceutical public policy and government affairs
We advise a major pharmaceuticals and health care products company on a wide range of U.S. issues, including Medicare/Medicaid coverage and reimbursement matters related to medical devices, reauthorization of nutrition programs and food labeling policy and tax policy and assist them in advancing their domestic legislative and policy objectives. We also provide global public policy advocacy in countries around the world and in international regulatory bodies.
Pharmaceutical Regulations as Hazardous Waste
Advise pharmaceutical companies regarding the regulations of pharmaceuticals as hazardous waste under RCRA.
Pipeline System Restructuring
Texican in contesting a settlement involving SCANA’s proposed restructuring of its pipeline system.
Plaza Bank in U.S. Justice Department’s “Operation Choke Point” Initiative
Representing Plaza Bank in the U.S. Justice Department’s “Operation Choke Point” initiative that focuses on banks doing business with third-party payment processors and pay-day lenders and alleges violations of FIRREA.
Policy advice in South Africa
We assisted a large trade association engage with the South African government on a number of issues, including IP and other issues related to the life sciences sector.
Acquisitions and Sales of Pharmaceutical Manufacturing Facilities
Advise multiple pharmaceutical manufacturers and developers regarding acquisitions and sales of manufacturing facilities.
Administrative Relief of Clean Air Act Penalties
Successfully represented a coalition of electric utilities in obtaining administrative relief from EPA from millions of dollars of Clean Air Act §185 nonattainment penalties.
Adobe on Media-Related Project
Advise U.S. software company, Adobe, on a media-related project in China.
Advertising-Based Content Licensing Arrangements Negotiations
Negotiated advertising-based content licensing arrangements, including in print, broadcast, and online media, and those associated with mobile-telephone content.
Advice on the application of the CFTC's core principles for trading platforms
Advise a derivatives trading platform on the application of the CFTC’s core principles for swap execution facilities and designated contract markets.
Advertising of “Functional Foods”
Advised on the advertising of “functional foods” -- foods and dietary supplements with particular health benefits and organic foods.
Advertising Transitions Negotiations Involving Paid-Programming
Negotiated advertising transitions involving paid-programming (or “infomercials”).
Advice to major hedge funds
We advise various major hedge funds on all of their campaign finance and lobbying compliance issues, including state lobbying registration laws that apply to hedge fund marketing activities.
Advise a coalition of foreign currency intermediaries
Advise a coalition of foreign currency intermediaries regarding the CFTC’s external business conduct regulations in the context of foreign currency prime brokerage arrangements, including a successful request for no-action relief to the CFTC.
Advise a custody bank on customer collateral requirements
Provide advice to a major custody bank related to the CFTC requirements for customer collateral, including rules related to the interactions with futures commission merchants and clearinghouses.
Advise Leading Online Company on Global Compliance and Privacy Principles
Representation of a leading online company through advising on instituting global policies and procedures to comply with law enforcement demands for data consistent with best practice privacy principles.
Advise U.S. investment bank with international offices on the regulatory treatment of derivatives
Advise a U.S. investment bank with international offices on the regulatory treatment of derivatives, including the CFTC’s guidance on the cross-border application of Dodd-Frank and the related structure of the investment bank’s operations.
Advocacy Assistance on International Environmental Treaties
Advocacy assistance on issues related to the United Nations Framework Convention on Climate Change and the Kyoto Protocol, and lobbying on behalf of clients with respect to climate change legislation in the United States, in various states of the United States and in the European Union.
Advocacy support for a major Defense Department procurement
We advised a major U.S. defense company in advocacy efforts before Congress in support of a major weapon acquisition system valued at $50 billion.
Alleged Natural Gas Trading Manipulation
Represent a natural gas trading company and six of its executives and employees in a wide-ranging ongoing FERC enforcement investigation, involving extensive data requests and depositions, of alleged manipulation of natural gas trading in early 2012.
Alleged Clean Water Act Violations in Puerto Rico
Represent Puerto Rico Aqueduct and Sewer Authority in parallel civil and criminal enforcement proceedings for alleged Clean Water Act violations.
Allergy Therapeutics on Alerpharma Acquisition and £20 Million Placing
Representation of Allergy Therapeutics plc, the AIM-listed specialty pharmaceutical company, in its acquisition of Alerpharma, S.A. a Spanish-based allergy immunotherapy company which previously spun out from Spanish biopharmaceutical company, Zeltia S.A. Covington also advised Allergy Therapeutics on its recent £20.8 million placing of ordinary shares with institutional investors. The proceeds of the placing are being used to progress the clinical development of the company’s lead product, Pollinex Quattro Grass, through to FDA approval and planned launch in the United States in 2019.
Amending the Dodd-Frank Act
We worked with a major financial trade association in a successful effort to amend a provision of the Dodd-Frank Act.
American Athletic Conference Regarding Financial Aid Limits for Student Athletes
Represent the American Athletic Conference in a putative antitrust class action challenging NCAA and Conference rules on financial aid limits for student athletes. This lawsuit challenges the very existence of amateur collegiate athletics.
Animal Drug Regulation
Advising veterinary pharma companies on issues relating to abbreviated paths to drug approval and issues related to the Center for Veterinary Medicine’s new positioning on growth promotion claims for antibiotics used in human medicine.
Animal Feed and Pet Food Ingredient Regulation
Working with pet food and animal feed companies on preparing and filing GRAS notifications, food additive petitions and AAFCO feed ingredient definition applications for animal feed and pet food ingredients.
Animal Health FDA Enforcement
Assist animal health companies successfully respond to FDA enforcement actions, including Warning Letters and Form 483 observations.
Animal Health Product Import Issues
Representation of animal food and drug clients in connection with FDA and USDA import detentions, import refusals, re-exportations and destructions of refused imports, and successful petitions for removal from FDA Import Alerts.
Animal Welfare Act Investigations and Compliance
Defense of administrative compliance actions and investigations brought by the USDA under the Animal Welfare Act and assistance with conducting internal investigations related to such actions.
Anti-kickback safe harbors
Developed for a major pharmaceutical client proposals for new potential safe harbors under the federal anti-kickback statute for potential submission to the OIG.
Anti-money laundering compliance programs
Developing anti-money laundering compliance programs for banks, broker-dealers, money transmitters, providers and sellers of prepaid access, and dealers in precious metals.
Antitrust Aspects of XTO Energy Acquisition
ExxonMobil Corp. on antitrust aspects of its acquisition of XTO Energy, Inc.
Antitrust Licensing Dispute
Representation of a semiconductor manufacturer in antitrust licensing disputes.
Antitrust Litigation Concerning Obligations to License Technology
Representation of a technology company in antitrust litigation and a related arbitration concerning obligations to license technology.
Amendment on housing legislation
We represented two major financial trade associations in drafting and presenting to Congress amendments to proposed legislation to revamp the housing finance system.
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.
Applicability of Environmental Laws to Nanoscale Substances in Clothing
Advise nanotechnology manufacturer regarding potential applicability of environmental laws, including FIFRA and TSCA, to manufacture of clothing treated with nanoscale substances.
Applicability of FIFRA and TSCA to Nanotechnology Manufacturer
Advise nanotechnology manufacturer regarding potential applicability of FIFRA and TSCA to manufacture of clothing treated with nanoscale antimicrobial substances.
Applicability of TSCA to Nanotechnology Manufacturer
Advise nanotechnology manufacturer regarding potential applicability of environmental laws, including TSCA, to manufacture of clothing treated with nanoscale substances.
Asia data privacy
Advising a global online travel company in relation to the company’s expansion in the Asian markets, including compliance with laws regulating the Internet.
Assessment of Proposed Communications Laws in Central and Eastern Europe Countries
Assessed proposed communications laws in countries in Central and Eastern Europe and the former Soviet Union.
Association for Maximum Service Television, Inc. on Legislative and Regulatory Broadcast-Related Issues
Representation of the TV industry trade association, the Association for Maximum Service Television, Inc. (MSTV), with respect to legislative and regulatory issues affecting broadcast television service, including the congressionally-mandated transition to an all-digital television service in June 2009 and the FCC's preparation of the National Broadband Plan mandated by Congress in the American Recovery and Reinvestment Act of 2009.
Assist non-profit organization respond to state agency complaint
Advising a non-profit organization in its response to a campaign finance complaint filed with a state enforcement agency.
Asset Purchase Agreement Dispute Regarding Legacy Contamination
Represent petroleum refiner in dispute under an asset purchase agreement regarding legacy contamination at a petroleum refinery.
AstraZeneca/Bristol-Myers Squibb diabetes alliance
Representation of AstraZeneca in its strategic diabetes alliance with Bristol-Myers Squibb, including with respect to collaboration arrangements for the development and commercialization of Amylin Pharmaceuticals’ portfolio of diabetes products following BMS’s acquisition of Amylin in a deal valued at $7 billion (approximately half the cost of which was borne by AstraZeneca).
AT&T against Claims of Misleading Advertisements
Representation of AT&T in a trial in the District of Maryland concerning claims by a competitor that AT&T’s advertisements for telephone calling cards were misleading.
AstraZeneca in $1.26 Billion Acquisition of Ardea Biosciences
Representation of AstraZeneca in its $1.26 billion acquisition of Ardea Biosciences. Under the agreement, AstraZeneca will pay $32 per share for all of the outstanding shares of Ardea. AstraZeneca is a global, innovation-driven biopharmaceutical business with a primary focus on the discovery, development and commercialization of prescription medicines for gastrointestinal, cardiovascular, neuroscience, respiratory and inflammation, oncology and infectious disease. Ardea is a biotechnology company based in San Diego, California, focused on the development of small-molecule therapeutics for the treatment of serious diseases.
Automotive Parts Class Actions
Represented automotive parts suppliers in antitrust class actions alleging price-fixing for automotive wire harness systems and other parts.
Baidu, Inc. in Media Venture
Representation of Baidu, Inc., China’s leading search engine, with respect to a media venture.
Bank One and JP Morgan Chase
In securing a stay of antitrust and related class-action claims in deference to arbitration clauses in credit-card agreements. 361 F.Supp. 2d 237 (S.D.N.Y. 2005).
Barrington Broadcasting's Arrangement with Granite Broadcasting
Barrington Broadcasting in a novel four-station shared services/joint-sales arrangement with Granite Broadcasting for coordinated television station operations in two markets.
Battery Recycling in New York State
Advise client regarding New York state battery recycling plans.
BBVA in Acquisition of Simple
Representation of Banco Bilbao Vizcaya Argentaria, an international financial group based in Spain, in its acquisition of financial technology company Simple. The $117 million acquisition is part of BBVA's strategy to lead the technology-driven change that is transforming the financial services industry. According to Francisco González, Chairman and CEO of BBVA, Simple will reinforce BBVA’s “global digital transformation while BBVA will provide the means to help Simple maximize its outstanding growth potential.”
Belo Corp. in Formation of Joint Venture with Right This Minute LLC
Belo Corp. in the formation of a joint venture with Right This Minute LLC to produce and distribute alternative news programming to local television stations.
Belo Corporation in Agreement with Weathernews Inc
Belo Corporation, an owner of television and radio stations and daily newspapers, in an agreement with Weathernews, Inc., an aggregator of digital content. Belo provided news and weather information, including video clips, for distribution by Weathernews to mobile telephones.
Bespoke Policy Development
When a newly formed government ministry in the Middle East was charged with developing “best-in-class” regulations, they turned to our policy experts and senior international advisors to design a regulatory system that would not only surpass global benchmarks, but would comport with the local legal system. Combining decades of government experience, key regulatory development, and local insight, our team delivered practical, implementable rules that are still in force today.
Benzene Emissions Toxic Tort Claims
An energy company in defending numerous toxic tort claims relating to alleged benzene emissions from an oil refinery in Texas.
Biopharmaceutical Legislation Representation
Representation of coalition of innovative biopharmaceutical manufacturers during the multi-year process that led to enactment of the Biologics Price Competition and Innovation Act of 2010 (BPCIA). Played a similar role for the pharmaceutical industry prior to enactment of the Hatch-Waxman amendments of 1984. Currently advising members of the pharmaceutical industry on FDA regulatory aspects of 21st Century Cures Act and the Senate’s Innovation for Healthier Americans initiative.
BP Lead Counsel in Insurance Coverage Disputes Resulting from Deepwater Horizon Incident and Oil Spill
Lead trial and arbitration counsel for BP in insurance coverage disputes arising from the Deepwater Horizon incident and resulting oil spill in the Gulf of Mexico.
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.
Broadcasters on Range of Legislative Issues
Representation of broadcasters on a range of legislative issues, including media ownership and the digital television transition. When the FCC proposed to increase the number of stations a network could own, Covington led the effort to urge Congress to adopt a special provision reversing the FCC. On behalf of broadcasters, we have been deeply involved in drafting every provision affecting the digital television transition over the past decade. Our long involvement in these issues before the Commission enable us to contribute effectively and efficiently to the debate before Congress.
Broadcasters, Washington Post, and NFL on Broadband Matters
Advised local broadcasters, which have unique content in many markets, as they explore deals to move their content to broadband platforms, advised the Washington Post, and worked for many years with the NFL on a range of important communications and media issues, including debates on Sunday Ticket, importation of distant signals, and Internet gambling.
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.
BSA in Major Domestic and International Copyright Law Reform Efforts
Advise Business Software Alliance in most of the major domestic and international copyright law reform efforts resulting from the advent of the digital age, including the U.S. Digital Millennium Copyright Act, the WIPO Treaties, the EU Copyright Directive, the EU Software Directive, implementation of the TRIPS Agreement, and amendments to existing copyright laws in over 30 countries worldwide.
Bush, et al. v. Deere & Company (C.D. Ill.)
Tried and won a class action lawsuit alleging “pattern or practice” discrimination on the basis of age in connection with a corporate reduction in force.
Cadmium Restrictions Advice
Provide regulatory and strategic advocacy advice to a large fertilizer manufacturer on the EU consideration of restrictions on cadmium in fertilizer.
Calpine Acquisitions
Calpine and its subsidiaries in a $600 million acquisition of SkyGen Energy, and a $450 million acquisition of Cogeneration Corporation of America, each a developer, owner, and operator of independent power projects.
Campaign finance internal investigation for major financial institution
Conducted an investigation of past campaign finance activities to identify potential compliance concerns.
Capacity Formation Market in Midwest Independent Transmission System Operator
Represent Comverge, Wal-Mart and Leggett & Platt, large commercial and industrial electricity consumers, before FERC in a matter involving the formation of a capacity market in the Midwest Independent Transmission System Operator (MISO). We intervened in the matter and pressed arguments for the broadening of the MISO capacity market proposal.
Carlyle Group Acquisitions
Represented the Carlyle Group in various matters, including its acquisition of Veritas Technologies (with a co-investment by Government of Singapore Investment Corporation) and the sale of Landmark and Standard Aero to Dubai Aerospace International.
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.”
Celestial Pictures on Intellectual Property Issues
Copyright and IP advice to Celestial Pictures, the owner of the Shaw Brothers library, the largest Chinese-language film collection in the world.
CBSInteractive in Various Service Agreements
CBSInteractive in various service agreements for digital media, wireless, and advertising services.
Celestial Pictures on PRC Regulatory Issues
Advised Celestial Pictures on certain PRC regulatory issues in connection with the formation of Celestial Tiger Entertainment, the joint venture Celestial formed with Lionsgate and the Saban Capital Group in late 2011.
CERCLA Site Private Tort Litigation
Defend mining company in connection with private tort litigation brought in connection with a cleanup at a CERCLA site.
Certification and Rate Approval for Interstate Pipelines
International Paper in obtaining certification and rate approval for the two interstate pipelines it owns.
CFIUS counsel to Check Point Software Technologies
Represented Check Point Software Technologies in the company’s acquisitions of NFR Security, Inc., security appliance business of Nokia, Liquid Machines, Inc., and PointSec Mobile Technologies.
CFTC regulations compliance
Advise multiple derivatives market participants on compliance with CFTC regulations, including the development of policies and procedures related to futures and swaps trading to demonstrate compliance with CFTC rules and regulations.
Chemical/manufacturing joint venture
Advising one of the world’s largest specialty chemicals companies regarding its manufacturing joint venture activities in China.
ChemGen Corp. Merger with Eli Lilly
Advise ChemGen in its merger agreement with Eli Lilly. The client became a wholly-owned subsidiary of Eli Lilly and an operating unit of Elanco, the animal health division of Eli Lilly.
Chevron FEC enforcement matter
Obtained dismissal of an FEC complaint against Chevron alleging contributions to a Super PAC were illegal under the federal law banning political contributions by federal government contracts.
Cheyenne Plains Open Season Enforcement Investigation
Represent an oil and gas producer in FERC's enforcement investigation regarding the Cheyenne Plains Open Season and in a resulting settlement.
China Biopharmaceutical Regulatory and Legal Strategy
Counseling leading multinational biopharmaceutical company in doing business in China, including setting and executing on the regulatory and legal strategies for engaging in drug R&D, manufacturing, and sales and marketing.
China Device Regulatory and Clinical Trial Advice
Advise large device company on regulatory requirements for clinical trials of medical devices in China.
China Filmed Entertainment in Production, Financing, and Distribution Arrangements
China Filmed Entertainment in production, financing, and distribution arrangements for films including The Painted Veil, Forbidden Kingdom, and Crazy Stone; and Season 15 of CBS/Mark Burnett’s Survivor (shot entirely in China).
China Investment Corporation Purchase in AES Corporation
China Investment Corporation (CIC), a large sovereign wealth fund created by the People's Republic of China, on FERC and state (NY) energy regulatory issues with respect to its purchase of a 15% share in the AES Corporation, a large independent power producer of international scope with significant US electricity generation assets. Covington secured all necessary approvals for this transaction.
Bevill Exemption Scope Counseling
Advise fertilizer manufacturer regarding the scope of the Bevill exemption for the processing of natural resources under RCRA.
China licensing and collaboration
Advising a leading multinational pharmaceutical company on its agreement with a Nasdaq-listed drug manufacturer to develop and market its linaclotide capsule in China.
China licensing and joint venture
Advising a U.S. biotech company on its sino-foreign joint venture with a Chinese life sciences company to focus on RNAi-based drug discovery, and related license agreement.
China media and entertainment
Advising major Hollywood studios on film projects in China.
China life sciences transactional
Advising a leading multinational pharmaceutical company on the acquisition of diabetes drug assets in China and the transfer of related employees from a multinational drug company.
China media and entertainment
Providing legal advice to a subsidiary of Legendary Pictures as China production counsel for “Great Wall,” to be directed by Zhang Yimou and possibly the largest budget picture ever to be produced in China.
China life sciences transactional
Representing a leading U.S. pharmaceutical company to set up a joint venture in China with a Chinese biotech company to research, develop and commercialize a late-stage clinical product for the Asia market.
China Online Drug Information Regulation
Advise multinational company on regulation of online information on drugs, devices, and food products in China.
China Medical Device Acquisition Due Diligence
Conducting due diligence on China device regulatory matters for a large multinational device company’s acquisition of a large Chinese device company.
China pharma bribery investigation
Representation of a major pharmaceutical company in its response to a Chinese government commercial bribery investigation in China.
China Regulatory and Compliance
Conducting internal investigation on behalf of a multinational pharmaceutical company into whistleblower allegations of corruption at its Chinese subsidiary.
China Regulatory and Compliance
Conducting a compliance risk assessment of the China operations of a global auto parts company, including overseeing forensic transaction review, and interviews of more than 60 employees at facilities in mainland China and Taiwan.
Citibank, N.A., and Citigroup in connection with OCC and Federal Reserve Consent Orders
Representing Citibank, N.A., and Citigroup in connection with negotiation of OCC and Federal Reserve consent and civil money penalty orders related to Citibank, N.A.’s foreign exchange (FX) trading business.
Class action FLSA consent judgment
Negotiated on behalf of a major health care network a class action FLSA consent judgment with the U.S. Department of Labor relating to overtime that avoided liquidated damages and civil money penalties while foreclosing any private right of action.
CIA Sales and Marketing Compliance
Review of device sales and marketing compliance policies in accordance with a Corporate Integrity Agreement.
Clean Air Act Compliance Advice
Advice to petroleum refiner on various compliance issues in connection with Clean Air Act rules that apply to refineries and associated facilities, including NSPS, MACT, and other issues.
Clean-Up at Vieques Bombing Range
Represent the Commonwealth of Puerto Rico in the clean-up of unexploded ordnance (UXO) at Vieques bombing range.
Clean Water Act Section 404
Advise wind power developer on EPA authority to veto Clean Water Act section 404 dredge and fill permits.
Client in EU Opposing Merger of Two, U.S.-Based Telecom Service Providers
Representation of a client in the EU opposing the merger of two, U.S.-based global telecom service providers -- a matter that involved complex issues under EU competition law.
Client in Financing National Wireless Telecommunications System
Representation of a client in financing a national wireless telecommunications system in India.
Client Opposed to Proposed European Digital Video Broadcasting Standards
Representation of a client opposed to certain aspects of proposed European Digital Video Broadcasting Standards, a matter on which we integrated our expertise in IP law, competition law and substantive and procedural aspects of the EU standardization process.
Client with Obtaining UK Merger Clearance
Representation of a client in connection with obtaining UK merger clearance for the sale of a UK cable business.
Coalition of Broadband Users and Innovators, including Microsoft, Google, and Consumer Groups before FCC and Congress
Led the Coalition of Broadband Users and Innovators, including Microsoft, Yahoo!, Google, eBay, and consumer groups before the FCC and Congress for policies that ensure that as broadband services are deregulated, these Internet content companies have the ability to reach their customers.
“Co-Generators” Listing for RCRA Purposes
Advise pharmaceutical manufacturer regarding listing of multiple generators of waste as “co-generators” for RCRA purposes.
Cole Taylor Bank in Federal Reserve Board Investigation
Representing Cole Taylor Bank, now part of MB Financial, in Federal Reserve Board (and Illinois banking department) investigation and consent cease and desist/civil money penalty order alleging violations of consumer protection laws with respect to deposit products provided by the bank through a third party that offered financial aid refund disbursement services to higher education students.
Comment letter on behalf of SIFMA AMG
Prepare comment letter on behalf of SIFMA AMG related to a Joint Audit Committee policy on margining of accounts held by the same beneficial owner.
Comment letters related to the Basel III leverage ratio
Prepare multiple comment letters on behalf of several trade associations related to the treatment of segregated margin for cleared derivatives under the Basel III leverage ratio.
Commercial Arrangements for Online Advertising Revenue-Sharing Arrangements, Sponsored-Search and Graphical Advertising
Drafted and negotiated commercial arrangements for online advertising revenue-sharing arrangements, sponsored-search and graphical advertising involving the leading Internet portals and Internet content providers.
COMPETE Representation in Federal and State Electricity Competition Issues
COMPETE, a major coalition of more than 680 electricity market participants including Exelon, PSEG, Wal-Mart, PPL Energy, Calpine, TXU Energy, Safeway, Tendril and Leggett & Platt on a wide range of federal and state electricity competition issues, including the structure of RTO markets and retail competition matters in numerous states including Texas, Pennsylvania, New Jersey, Illinois, Virginia, Michigan, California, Oregon, Wisconsin, Arizona and Ohio.
Competitive Markets Testimony Before Public Utility Commission of Pennsylvania
Electric Power Generation Association in presenting testimony regarding the benefits of competitive markets before the Public Utility Commission of Pennsylvania.
Complex Procurement
A government entity needed to purchase a large number of military vehicles. The procurement required contractors and technology from several jurisdictions and a long-term supply arrangement. From international trade controls and U.S. and EU military sales advice to commercial terms, Covington provided strategic direction as we simultaneously ensured that the documents met local and international requirements.
Clean Air Act Advice to Overseas Electricity Generator
Advise overseas electricity generator regarding Clean Air Act and renewable energy developments in the United States in connection with potential strategic investments in the US electricity sector.
Comprehensive compliance program update
Advising a multinational chemical manufacturer regarding updates to its integrated compliance program, developing a three-year plan for a comprehensive update, and helping the company assess risk and update its existing policies and procedures in the areas of anti-corruption, third party due diligence and monitoring, and investigations.
Comprehensive privacy policies
Assisted pharmaceutical companies in developing global comprehensive privacy policies aligned with federal (HIPAA, Food & Drug Administration, and National Institutes of Health) regulations, state and European law, and best practices.
Confidential data leak
Provided guidance to a major technology and manufacturing company in connection with the unauthorized posting of employee personal information on a third-party webpage. Our efforts on behalf of the client included working with Internet service providers to remove the posted information and providing notice to potentially affected individuals and applicable state regulators.
Congestion Revenue Rights in California ISO
SDG&E in connection with a FERC and appellate court proceeding regarding congestion revenue rights in the California ISO.
Congressional action on organic product marking
We helped a trade association obtain congressional reversal of a crippling federal court decision that would have compelled removal of the USDA seal from approximately 90 percent of organic products and that would have likely resulted in a market loss of nearly $1 billion in the first year after the ruling.
Congressional testimony advice for cable programming company
We advised an independent lifestyle programming channel on the effects of a potential Comcast/Time Warner Cable merger and assisted them in communicating their concerns to Congress and relevant federal agencies, including the Department of Justice, and the FCC. Covington’s work led to the channel’s then-CEO testifying before the Senate Judiciary Committee.
Content Provider in Global Partnership with International Telecommunications Provider
Representation of a global content provider in its global partnership with an international telecommunications provider to develop and operate a 3G mobile music service.
Consumer Products Manufacturers and Sellers on Advertising Matters
Counseled major consumer products manufacturers and sellers on commercial and regulatory advertising issues.
Content Providers on Broadcasting, Online, and Digital Media Advertising Trends
Advised major content providers, including sports leagues and television programmers and operators, on broadcasting, online and digital media advertising trends.
Comments on EPA’s Proposed 111(d) Rule
Prepare and submit comments on EPA’s proposed 111(d) rule regulating greenhouse gas emissions from electric generating units for multiple interested parties, including members of the nuclear industry, a coalition of electricity producers, and advanced technology companies.
Cook v UBS Financial Services Inc CA No PJM 06 803 D Md 2006
Successful defense of putative nationwide class action for race discrimination on behalf of financial advisors.
Copyright Advice on Advertising Issues
Provided copyright advice on advertising issues, including with respect to copyright risk-assessment and worked with clients to develop copyright compliance strategies.
Coordinated monitoring and advocacy at the multinational, international and national levels
A highly innovative pharmaceuticals company was concerned about the public debate and policy proposals made to address antimicrobial resistance, as these could seriously curtail its future business. Working together with external partners, we monitor and participate in discussions at the G7, WHO, EU and national levels (in the UK and Germany), with several successes already at proposing alternative solutions more favorable to our client.
Coordinating Counsel in Asbestos Cases
Serve as coordinating counsel for manufacturing company regarding its asbestos cases.
Copyright and Fair Use Advice and Counseling to Publishers
Provide general copyright and fair use advice and counseling to publishers such as the National Geographic Society, the Washington Post Company, and Zomba Music Publishing, to various television broadcast stations, and to a number of leading online business and media ventures including The Microsoft Network, USA Interactive, and the National Football League. Covington is also special intellectual property counsel to the Smithsonian Institution.
Copyright Matters Relating to Rights to Photographic Archive and Wrongful Publication of Photographs
Advising on copyright matters relating to rights to an extensive photographic archive and on wrongful publication of photographs in Europe.
Copyright reform advice for consumer electronics companies in the EU
We have advised leading consumer electronics companies in the in EU in proceedings to consider possible reform of national rules on copyright levies.
Corporate, Financial and Operational Matters for Borrego Solar Systems
Advising Borrego Solar Systems, Inc. on a variety of corporate, financial and operational matters in a dynamic and rapidly changing solar market. Borrego is one of the oldest and largest solar integrators in California with over 25 years of experience. We counseled Borrego on tax, regulatory and corporate matters related to power purchase agreement, engineering procurement and constructions contracts, operations and maintenance contracts and site access agreements on more than 30 projects.
Counsel to Fortune 50 retailer
We provide a broad range of political advice to a major consumer-facing retailer active in federal, state and local elections.
Counsel to PACs of major oil and gas company
We serve as counsel to the political action committees of a major oil and gas company.
Covington supported the Advisory Opinions that defined the rules for Super PACs
Covington argued in support of creating a place in the regulatory regime for Super PACs, filing comments in support of the prevailing parities in FEC Advisory Opinions 2010-09 and 2010-10.
Credit Suisse AG in connection with Federal Reserve Board Investigation and Consent Order
Representing Credit Suisse AG in connection with Federal Reserve Board investigation and Federal Reserve Board Consent Order to Cease and Desist and Assessment of Civil Money Penalty with respect to allegations that Credit Suisse assisted U.S. taxpayers with opening of foreign accounts to avoid required U.S. tax reporting and related matters—and in connection with implementation of requirements of the Order.
Criminal investigation of European manufacturer
Defending a large European manufacturer of power cables in a criminal antitrust investigation by the DOJ.
Criminal investigations of automotive manufacturers
Represent several Japanese and European manufacturers of automotive parts in investigations of alleged anticompetitive activity.
Cross border tax and employment arrangements
Structured a senior executive’s cross-border tax and employment arrangements for a U.S./UK clean tech company.
CSC Sugar trade remedy investigations
Represented CSC Sugar LLC in antidumping and countervailing duty investigations.
Cross-border trade, anti-corruption, and data compliance
Advising a major petrochemical company regarding its establishment of an integrated compliance program, with particular focus on the areas of U.S. and European trade controls, anti-corruption, and data privacy. Our representation includes assistance with establishing a corporate compliance office, assessing risks in these areas, drafting the necessary policies and procedures tailored to company risks and operations, and implementing the program through training and assessment.
Cyrte Investments on Investment in Co-production with Chinese Studio
Advised private equity firm Cyrte Investments on a major investment in a co-production with a Chinese studio.
Deceptive Marketing and Consumer Protection Defense
Defense of beverage marketer against allegations of deceptive marketing under the District of Columbia Consumer Protection Procedures Act.
Data privacy compliance program
Devised a data privacy compliance program relating to international HR data processed by a US-headquartered multinational.
Deepwater Horizon Litigation
Represent BP in the Penalty Phase of the Deepwater Horizon litigation, including at trial.
Defamation Laws in Bosnia
Drafted new defamation laws for Bosnia.
Defended airline executive in criminal investigations
Represented executives of various airlines in investigations in the air cargo and passenger industries in several jurisdictions.
Defending automotive executives in criminal investigations
Defending senior executives in auto parts-related investigations.
Defending whistleblower claims
Defended claims threatened against a technology company in the US and the UK, involving alleged SOX whistleblower protections and unlawful detriment claims.
Defining Pesticide and Identifying Cleaning Claims
Advise client regarding definition of a pesticide and what types of cleaning claims may be made without products being determined to be a pesticide.
Demand Response FERC Matters for Comverge
Comverge, Inc. a demand response provider and technology company, in FERC matters on regulations pertaining to demand response, including measurement and verification issues, and, in particular, proceedings involving demand response in the PJM Interconnection.
Demonstration Project for Tidal Energy Turbines Supplier
Advising a supplier of tidal energy turbines on a demonstration project in the United States.
Counsel to the Super PAC supporting President Obama’s re-election
Served as counsel to one of the most significant Super PACs in the 2012 presidential election campaign, which succeeded in raising and spending over $75 million.
Developing a corporate responsibility program
We assisted a pharmaceutical company on assessing which NGOs they should consider working with in Kenya to implement a corporate responsibility program aimed at improving public health.
Development and Guidance of Advertising Policies
Advised on advertising policies, including with respect to privacy laws, including the Children’s Online Privacy Protection Act, and developed advertising policies.
Development of Electronic Waste Take-Back Requirements
Provide advice to a Japan based company on developing electronic waste take-back requirements in Argentina and other South American countries.
Development of Technical Substantiation Supporting Product Claims
Assist in developing technical substantiation to support product claims made in labeling, promotions and advertising, and in the defense of substantiation in the litigation context.
Dismissal of a high-profile negligence action
Represented Universal Studios in obtaining the dismissal of a high-profile negligence action brought by a Maury Show guest in New York state court.
Drafting of Pension Protection Act 2006
Drafted and advanced legislation that became the Pension Protection Act of 2006. Since passage of the Act, we have been leading discussions with the US Treasury and the US IRS to resolve significant issues affecting hybrid pension plans and sponsors of those plans.
Drayson Wireless Formation
Drayson Racing Technologies, a leading developer of electric racing vehicles, in connection with the formation of Drayson Wireless, a new entity created in collaboration with Imperial Innovations to commercialize wireless energy technology developed at Imperial College, London.
E-Recycling Facility Regulations
Advise client regarding environmental regulations that may apply to an e-recycling facility.
Economic Cities Authority of the Kingdom of Saudi Arabia project
Representing the Economic Cities Authority of the Kingdom of Saudi Arabia in the development of legal and regulatory infrastructure for the Kingdom’s Economic Cities project.
Electronic Arts in Acquisition of 19.9% Stake in Ubisoft Entertainment
Electronic Arts in its acquisition of a 19.9% stake in French game company Ubisoft Entertainment, in a transaction requiring the participation of multiple Covington offices on various corporate, antitrust and international issues.
Emerging policy issues
Worked directly with, and appeared before national and regional privacy authorities, such as the European Commission, the EU Article 29 Working Party, and the Council of Europe, both to address emerging policy issues in the data privacy field, such as data retention, radio frequency identification (RFID), Big Data, facial recognition, security breach legislation and biometrics, and to defend individual clients.
Employment advice to AstraZeneca in major acquisition
Provided international employment law advice to AstraZeneca in relation to its acquisition of Bristol-Myers Squibb’s interests in the companies’ global diabetes alliance across 40 jurisdictions.
Employee data breach support
Provided guidance to a major technology and manufacturing company in connection with the unauthorized posting of employee personal information on a third-party webpage. Our efforts on behalf of the client included working with Internet service providers to remove the posted information and providing notice to potentially affected individuals and applicable state regulators.
Employment aspects of acquisition for luxury brand
Advised Giorgio Armani S.p.A. on employment and benefits aspects of the acquisition of its retail and wholesale UK business from Club 21.
Employment aspects of global joint venture
Advised a Japanese technology client on the international employment, pensions and incentives aspects arising on the formation of a joint venture with operations in the US, Asia and Europe.
Employment Class Action
Representation of UBS Financial Services in an employment discrimination class action brought on behalf of minority financial advisers.
Enforcing arbitration awards
A Korean infrastructure company has asked us for assistance in recovering a substantial arbitral award in Mexico, which the Mexican government is challenging.
Engaging U.S. officials to advocate for clients before multilateral organizations
When the U.N. Special Rapporteur on Human Rights issued a report criticizing the effect of strong copyright protection, we secured a forceful response from the U.S. government and helped ensure that no action was taken on the report by the U.N. Human Rights Council.
Ensuring fair international procurements for private companies
When a major Latin-American government’s procurement financed by the Inter-American Development Bank (IDB) appeared to lock out foreign competitors, a private company turned to us for advice and discreet action. With our knowledge of the country, and of IDB and other multilateral procurement regulations, and relationships with key officials, we were able to persuade the IDB to take quick remedial action which ensured the company a new opportunity to compete fairly in a new procurement with no damage to their relationships in Latin America.
Entertainment and Media Start-Up Companies in China
Advise start-ups such as producers of original Web content and digital music services.
EPA Regulation of Nanotechnology Containing Antimicrobial Pesticides
Advice regarding potential EPA regulation of nanotechnology containing antimicrobial pesticides.
ERISA litigation in the Supreme Court
Successfully handled important ERISA litigation in the Supreme Court, including Conkright v. Frommert, 130 S. Ct. 1640 (2010) (requiring deference to the plan administrator’s interpretation of a plan, even though the administrator had previously relied on provisions that were not properly added to the plan), and Kennedy v. Plan Adm’r for Dupont Sav. & Invt. Plan, 129 S. Ct. 865 (2009) (applying ERISA’s “plan document” rule to affirm unanimously a plan administrator’s decision to follow a beneficiary designation that gave rights to a participant’s former spouse, even though a divorce decree had stated that the former spouse gave up her rights).
EU Commission container liner shipping investigation
We represent a major European carrier in the European Commission’s container liner shipping investigation into alleged collusion/abuse of dominance.
EU Commission defense of Microsoft's Skype acquisition
Represented Microsoft in connection with Cisco’s appeal against the European Commission’s decision to approve Microsoft’s acquisition of Skype.
EU Directives on Waste Electrical and Electronic Equipment
Provide legal advice to several large electronic manufacturers on the requirements of the EU Directives on waste electrical and electronic equipment, and restrictions on the use of hazardous substances in electrical and electronic equipment and their national implementation.
EU competition policy advice
We have assisted on the government affairs aspects of various EU competition law issues, including individual cases, proceedings to adopt Article 82 guidelines and sector and cartel investigations.
EU Environmental Reform Advice
We assisted an environmental services company seeking to reform various aspects of the EU’s Emissions Trading System.
EU legislative advice for software companies
We have represented software companies on EU and national legislation concerning software standards, copyright infringement, electronic commerce, data protection, and other issues.
EU Regulation of Cosmetics Testing on Animals
Advise U.S. cosmetics manufacturers on EU legislation governing animal testing and other issues.
EU telecom coalition advice
We have served as secretariat to several informal coalitions working on telecommunications issues and intellectual property protection.
EU trade retaliation avoidance
We have designed and executed campaigns on behalf of U.S. producers seeking to avoid EU trade retaliation measures.
European counseling on distribution
We have significant experience advising clients on all aspects of their European commercialization networks, including the design and operation of exclusive and selective distribution systems, pricing/rebates, sales and rental channels, supply chain management, customer loyalty programs, dealer financing, central warehousing, consumer warranties, dealer termination, etc.
European data privacy
Represent an ad hoc consortium of U.S. and European pharmaceutical and medical device companies concerned about data privacy issues in Europe, including the Eastern European Member States such as Hungary, Poland, and the Czech Republic.
European Employment Considerations
Co-ordinated U.S., Dutch and German tax, employment, immigration and benefits advice in relation to a U.S. listing of a Dutch company and relocation of senior managers.
European product liability legislation
We have worked with coalitions of consumer product manufacturers on product liability and product safety legislation in the EU, France, Finland, Germany, The Netherlands, Spain, Sweden, Switzerland, and the United Kingdom.
Exceptions Under RCRA
Advise fertilizer manufacture on the scope of various exceptions under RCRA, including for recycling and reuse of material in a closed-loop process.
Executive hire for FTSE-listed company
Assisted with employment and variable compensation aspects of the hire of a European CEO for a FTSE-listed company.
Expatriate dismissal in Asia
Advised a NYSE-listed corporation in relation to a Singaporean/UK expatriate dismissal.
Expedia and Its Affiliates on Privacy and Data Security Matters
Advised Expedia (and affiliates Hotels.com, Hotwire, and TripAdvisor) on a variety of privacy and data security matters, including e-mail marketing, targeted advertising, fraud prevention, and changes to online privacy policies.
Expedia Antitrust Class Actions
Represented Expedia in multiple national antitrust class actions relating to hotel bookings.
ExxonMobil Transactions
Representation of ExxonMobil Corporation in numerous transactions, including its $41 billion acquisition of XTO Energy Inc., the largest transaction in the history of the natural gas industry.
Fair Credit Reporting Act (FCRA)
Advising several of the largest bank holding companies in the U.S. on compliance with the FCRA. Advising major consumer reporting agencies and trade associations on the requirement of the FCRA. Successfully representing numerous consumer reporting agencies and financial services providers in CFPB and FTC supervisory and enforcement actions relating to FCRA. Representing numerous firms in connection with the acquisition of FCRA-regulated businesses, including due diligence and preparation of merger and acquisition documents.
False Claims Act litigation and appellate defense
Successful defense of Pfizer in both the district court and the court of appeals on a series of claims by a relator concerning Genotropin.
Favorable settlement for Raycom Media
Represented Raycom Media in obtaining a favorable settlement of a lawsuit brought against the City of Cleveland when the mayor issued a formal edict barring all city officials from speaking with WOIO-TV, a Raycom-owned CBS affiliate, after the station aired a documentary critical of the mayor.
Favorable Settlement with New York State's Department of Environmental Conservation
Negotiate favorable settlement with New York State’s Department of Environmental Conservation in connection with claimed violation of New York’s e-recycling law.
Fax Business Coalition Advocating FCC to Amend Rules
Representation of a coalition of 600 companies and trade associations advocating the FCC to amend its rules to enable business to use faxes to contact their customers. When Congress adopted a law allowing those faxes, we represented the coalition before Congress on implementing this law.
FCC v. Fox Television Stations, Inc.
Covington successfully represented CBS and NBC Television Affiliates in this case involving the FCC’s policy on broadcast of "fleeting expletives." The Supreme Court held that the agency’s policy violated the Due Process Clause, an argument emphasized in Covington’s brief for the television stations.
EU investigation regarding abusive search related conduct
Representation of Microsoft, Expedia, and Trip Advisor in the U.S. and Europe in connection with investigations regarding Google’s abusive search-related conduct.
FDA Food Labeling Comments
Prepared influential comments to FDA on behalf of major food trade association clients regarding front-of-pack (FOP) labeling and potential changes to the Nutrition Facts panel.
FDCA Amendments Legislation
Representation of industry stakeholders in negotiations and legislative process leading to every major amendment to the FDCA since its enactment in 1938.
FEC investigation
On behalf of one of the world’s largest banks, obtained a dismissal of an FEC investigation concerning alleged campaign finance violations.
FEC investigation of prominent hedge fund manager
Obtained the dismissal of an FEC complaint against a prominent hedge fund manager.
Federal and state election law compliance
Advise a major national Super PAC, as well as its allied social welfare organization, concerning a wide range of federal and state election law compliance issues.
Federal and state political law advice to Fortune 100 company
Advising a multinational heavy equipment manufacturer on a range of federal and state campaign finance, lobbying disclosure, and government ethics matters.
FIFA Requirements for Treated Hospital Garments
Advise client as to FIFRA requirements that apply to hospital garments treated with antimicrobial substances.
FIFRA Applicability to Advanced Surfaces
Advise client regarding applicability of FIFRA to advanced surfaces with photocatalytic properties.
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®
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.
Firm Transmission Service Successful Complaint
Southern Montana G&T Cooperative in a successful complaint at FERC involving firm transmission service, and on a range of disputes involving interconnection and transmission issues.
Food Contamination Litigation
Successfully warded off potential California Proposition 65 lawsuits regarding 4-MEI in sodas and lead in juices, and successfully represented companies in litigation regarding lead in chocolate and mercury in tuna.
Food Safety and Health Benefits Claims Advocacy and Implementation
Helped influence the development of the FDA Food Safety Modernization Act (FSMA) to minimize unnecessary and costly burdens on industry, and represent clients with respect to food safety laws, health benefits claims, and compliance matters.
Former CEO of IndyMac Bancorp in Litigation
Representing the former CEO of IndyMac Bancorp in matters arising out of the failure of IndyMac Bank, including knocking out all but one claim in SEC’s once wide-ranging securities enforcement case and settling the last remaining claim, without admitting or denying liability, as a negligence-based claim for $80,000 and a commitment to comply with the securities laws; successfully resolving an FDIC lawsuit; and defending against and/or successfully resolving several securities class action lawsuits, mortgage-backed securities cases, and purported ERISA class action lawsuits.
Foreign banking organizations in the restructuring of their U.S. operations
Representing several foreign banking organizations in the restructuring of their U.S. operations, including in the establishment of intermediate holding companies, mergers and acquisitions and regulatory filings associated with these corporate transactions.
Freddie Mac in connection with the establishment of the US government conservatorship
Representing Freddie Mac in connection with the establishment of the U.S. government conservatorship over the company during the financial crisis in 2008.
Freight Fuel Price-Fixing Litigation
Represented Union Pacific Railroad Company in multidistrict litigation alleging price-fixing of freight fuel surcharges.
Freddie Mac FEC enforcement action
Represented Freddie Mac in the largest-ever FEC enforcement action against a corporation, and negotiated a global FEC settlement on behalf of the corporation and its former officers, which resulted in no penalties for individual Freddie Mac officers and executives.
FSMA Advocacy
On behalf of a major food trade association, helped influence the development of the FDA Food Safety Modernization Act (FSMA) to minimize unnecessary and costly burdens on industry.
Global regulatory and legislative support
A global air cargo company wanted to enhance its political influence as a respected industry voice on public policy issues in order to advance its global business objectives. We helped the company resolve difficult regulatory disputes in several countries, including a fast-moving dispute in China that endangered its business model. We also achieved legislative success for the company in the U.S. Congress on defense policy matters in the authorization bill (NDAA).
Global Warming Class Action
Represented American Petroleum Institute in Comer, putative class action alleging industrial activities contributed to global warming, causing a rise in sea levels and adding to the ferocity of Hurricane Katrina, and thereby causing property damage to plaintiffs.
GMP Consent Decree Negotiations
Representation of companies and individuals in negotiation of GMP consent decrees involving drugs, biologics, devices, and blood products, including significant consent decree matters for Schering Plough, Genzyme and one of the largest manufacturers of OTC drugs in the U.S.
Government affairs compliance review
On behalf of one of the largest manufacturing companies in the world, conducted a government affairs compliance review and made recommendations concerning political law compliance practice.
GMU Litigation, C.A. No. 1:09cv752 (E.D. Va. 2010)
Secured summary judgment for George Mason School of Law against sexual harassment and other discrimination claims by law school professor.
Government affairs compliance review
Advising a self-regulatory body on its government affairs activities, including advising on the tax treatment of these activities.
Government of Puerto Rico
We assisted the Government of Puerto Rico during debate on the Patient Protection and Affordable Care Act (ACA) in its efforts to secure parity in federal funding of its Medicaid program.
Government Contractor Acquisition
Advise government contractor regarding acquisition of another government contract with significant environmental-related contracts.
Gramm-Leach-Bliley Act (GLBA) and State Financial Privacy Laws
We have advised the largest and most sophisticated banks, consumer reporting agencies, and financial services companies on the collection, use and disclosure of nonpublic personal information under GLBA, that California Financial Information Privacy Act, and similar laws, including the development and implementation of privacy notices.
FIFRA and FTC Regulation of Hand Sanitizing Wipes
Advise manufacturer regarding regulation of hand sanitizing wipes that may also be used to clean surfaces under FIFRA and FTC rules, including requirements for consumer preference claims.
GSK DOJ pharmaceutical investigation
Represented GlaxoSmithKline (GSK) in resolving a complex criminal and civil investigation by the United States Department of Justice. The multi-faceted investigation had a broad focus, including issues relating to GSK’s sales and marketing practices for numerous products, its regulatory submissions relating to Avandia, and the company’s use of the nominal price exception under the Medicaid Rebate Program.
Guidance on Advertising and Sponsorship Arrangements
Counseled leading health care information, product and disease-oriented websites on advertising and sponsorship arrangements.
Guidance to Governments on Telecommunications Matters
Advised governments on the privatization of telecom service providers, crafting regulations for the introductions of regulatory structures to foster competition in the telecommunications industry; drafted regulations governing telecom activities; and established a licensing and regulatory structure for the introduction of next-generation wireless telecommunications service.
Harley-Davidson global employee code of conduct
Drafted and implemented a global code of conduct and policies for Harley-Davidson addressing privacy, harassment, discrimination, the use of electronic communications and anti-corruption.
Hazard Communication Standard Applicability to Animal Vaccines
Advise client regarding application of the Hazard Communication Standard to animal vaccines.
Hatch-Waxman settlement investigation and class action
AstraZeneca in an FTC investigation and private antitrust class action litigation concerning settlements of Hatch-Waxman patent litigation involving Nexium.
Health Benefit Claim Substantiation Defense
Successfully defended the substantiation for health benefit claims made by a food manufacturer facing a challenge before the NAD.
Health Benefit Claims Investigation
Defense of beverage manufacturer in FTC investigation of substantiation for health benefit claims in advertising.
Health IT, LDT Regulatory Advocacy
Advocacy before Congress, FDA, and other federal agencies with respect to emerging regulatory policies on health information technology, research use products, and laboratory developed tests.
Health privacy to pharma companies in China
Advised a multinational biopharmaceutical company operating in China on privacy and property ownership issues related to the collection and sharing of biological samples in clinical trials.
Health privacy litigation
Advised a large pharmaceutical company in connection with litigation involving the alleged infringement of patient privacy by a pharmacy chain that collects personal information about prescription drug users.
Healthcare business corporate structure and governance
Advice to a major pharmaceutical in establishing a healthcare business in the UK, including strategic advice on corporate structure and governance issues and compliance with Vare Quality Commission standards.
High-level advocacy before the U.S. executive branch
A U.S. defense company faced stiff competition from a non-U.S. competitor in connection with the deployment of its technology in a NATO-member country, which was seeking a complementary commitment from the U.S. government. We conducted high-level advocacy in the United States, helping our client obtain the needed commitment to secure the transaction-a deal valued at about $5 billion.
HIPAA Breach Notification Requirements
Advised employer health plans on HIPAA breach notification requirements relating to breaches of protected health information held by the plans.
HIPAA compliance
Advised major corporations on HIPAA compliance issues relating to their employer health plans.
Hire of a European CEO for a FTSE-listed company
Assisted with employment and variable compensation aspects of the hire of a European CEO for a FTSE-listed company.
HIPAA training
On behalf of a major consumer products company, developed a HIPAA training module for the company’s health plan.
Holden Mine CERCLA Site
Advise Rio Tinto in connection with the Holden mine CERCLA site in Washington state, including commenting on proposed ROD and advising on various aspects of the ongoing cleanup.
Horizon Discovery on Sage Labs Acquisition
Representation of Horizon Discovery Group plc, an AIM listed international life science company supplying research tools and services to organizations engaged in genomics research and the development of personalized medicines, on the acquisition of Sage Labs Inc. for a total of approximately $48 million (£29 million), comprising up to $16 million in cash and up to $32 million in new ordinary shares. The acquired business will be known as Sage Labs Inc., a wholly owned subsidiary of Horizon Discovery Group plc. The acquisition creates a fully integrated translational genomics platform and significantly expands Horizon’s product, service and research offerings.
HR operations audit for multinational pharmaceutical client
Conducted a detailed review of the human resources operations of a large pharmaceutical company to assess compliance with data protection and privacy laws and regulations in both the US and EU, in anticipation of possible certification under the US-EU Safe Harbor regime. Our extensive written report described potential compliance issues and recommended specific remedial actions.
Hudson River Transmission Cable Installation
PSEG in structuring a project which would interconnect to Manhattan a 555 MW generating unit in New Jersey by means of a transmission cable to be installed under the Hudson River and advising on complex FERC open access, tariff, and other transmission issues.
Hydroelectric Facilities Potential Acquisition
An independent power producer on potential acquisition of hydroelectric facilities.
Hydroelectric Project Development in Congo
Advising African Power Corporation on development of a hydroelectric project in the Republic of Congo.
ICC Arbitration Regarding Alleged Breach of First Refusal Rights Under a JOA
A French E&P company in an ICC arbitration with a Swedish independent arising out of the alleged breach of first refusal rights under a JOA.
ICSID Arbitration Against Latin American State
A French oil and gas independent in an ICSID arbitration against a Latin American state, in a dispute arising out of alleged breaches of a bilateral investment treaty and several production sharing agreements.
ICSID Arbitration Against Republic of Ecuador
Co-lead counsel to Occidental Petroleum in an ICSID arbitration against the Republic of Ecuador arising out of the wrongful termination of a production-sharing agreement that resulted in the largest ICSID and investment treaty award to date.
ICSID Arbitration Proceedings Involving Expropriation of Investments in Venezuela
Representing subsidiaries of an international oil company in pending ICSID arbitration proceedings involving expropriation of investments in Venezuela, resulting in a tribunal award of compensation exceeding U.S. $2 billion in value.
In re Automotive Wire Harness Systems Antitrust Litigation
Representing S-Y Systems Technologies Europe, GmbH, the only defendant dismissed in its entirety from the wire harness price-fixing litigation, which is the lead case in the sprawling Automotive Parts Antitrust Litigation pending in Detroit. The court granted motion to dismiss, on personal jurisdiction grounds and did not grant the plaintiffs’ request for jurisdictional discovery.
In re High-Tech Employee Antitrust Litigation
Representing Pixar in multi-defendant federal antitrust class action litigation alleging an unlawful agreement among certain Silicon Valley firms to limit their recruiting of each other’s employees.
In re K-Dur Antitrust Litigation
Representing 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. The team previously defeated the FTC at trial in an action on the same facts, and will now have the opportunity to resolve the direct purchaser portion of the case under a recent Supreme Court decision.
In re TFT-LCD Antitrust Litigation
Represent Samsung in consolidated antitrust price-fixing and deceptive practice class actions involving liquid crystal displays. Won dismissal of claims valued at more than $3.5 billion, brought by Motorola Mobility against Samsung Electronics and several other manufacturers, shortly before trial.
In re Schering Plough Corporation ERISA Litig., 589 F.3d 585 (3d Cir. 2009)
We secured the reversal of a class certification order in a “stock drop” lawsuit claiming breaches of fiduciary duty in the administration of a company retirement savings plan.
India Bank Project Financing
ICICI Bank Limited, India’s second largest bank, and Standard Chartered Bank, India’s largest international bank, as joint lead arrangers for an aggregate of $925 million in project financings supporting power plant and port expansion projects being undertaken by two affiliates of Reliance Industries.
Industrial conglomerate integrated compliance
Advising a major multi-sector industrial company in developing an integrated compliance program, including assessment of the company’s corporate risks and current compliance function, and the creation and implementation of training regimes, tailored policies and operational procedures to support those policies, and mechanisms to monitor compliance and address any issues that arise. The enhanced compliance program is designed to support a wide variety of business units, including industrial sites, and sales and procurement functions. The project also entails developing policies to address compliance in the company’s third-party collaborations.
Indoor Air Quality Rulemakings
Represent a national association of property owners in the OSHA rulemakings about indoor air quality.
ING Insurance International in Sale of Mortgage Business in Mexico
Advising ING Insurance International on the sale of its mortgage business in Mexico, ING Hipotecaria, to the Mexican banking subsidiary of Banco Santander, Spain’s largest bank, for approximately $50 million.
Initial Public Offering and Capital Raises for Indian Wind Energy Project
Advise Indian Energy Limited relating to a wind energy project in India on its initial public offering on AIM and other capital raises pre- and post-IPO.
Innovative Program Agreements Negotiations for Multiple Clients
Negotiated various innovative program agreements for (a) the NFL, including for example, its deals with ESPN and Sprint and one with TiVo to protect its programming against Internet piracy, (b) other program deals involving PBS, Comcast and Children’s Television Workshop and (c) NBC Weather Plus and NBC Broadband -- joint ventures between the network and its affiliates.
Inquam Limited in Acquisition of Telemobil S.A.
Inquam Limited in its acquisition of Telemobil S.A., the Romanian wireless telecommunications operator, and on Telemobil’s subsequent vendor financing facility with Lucent Technologies.
Insurance Claims Related to Fires at Kahuku Wind Farm
Representation of First Wind Holdings with regard to insurance claims arising out of fires that occurred at its Kahuku Wind farm, Oahu, in 2011 and 2012. Coverage issues include property damage, business interruption, and potential environmental liability issues.
International Dairy Foods Association against Class Action
Representation of International Dairy Foods Association against a class action in Virginia state court alleging deceptive marketing of the potential weight-loss benefits of consuming milk.
International assignment for U.S. bank
Advised a New York-headquartered investment bank on an international assignment from the UK to China.
Internet and Social Media Promotion Advice
Comprehensive review of internet and social media promotion for a leading multinational medical device company.
Internet-Site Operators on Commercial Strategies
Advised Internet-site operators on commercial strategies, including with respect to CPM-based revenue sharing arrangements.
International Global Mobility Advice
Assisted a life sciences company with international assignments, including relevant cross-border corporate and individual tax risks and immigration requirements.
Investigation into contributions to Super PAC
Defending a major regional bank in connection with an FEC investigation concerning a loan that the bank made to a Super PAC. We have also advised candidates and financial institutions on campaign loan questions.
Indian Point Reactors License Renewal
Entergy in connection with the license renewal for the Indian Point reactors.
Litigation Before the D.C. Circuit
Successfully challenged before the D.C. Circuit the Federal Communication Commission’s rules mandating that telecommunications companies install equipment to monitor private telephone and Internet communications.
Los Alamos investigation
We represented the University of California in an intense and wide-ranging investigation by the House Energy and Commerce Committee’s Subcommittee on Oversight and Investigations into alleged fraud and mismanagement at the Los Alamos National Laboratory. The investigation involved more than two dozen witness interviews and culminated in three days of hearings. At the conclusion of the investigation, the University retained its contract to manage the Laboratory.
Los Angeles Clippers Acquisition
Represented Steve Ballmer in his $2 billion acquisition of the Los Angeles Clippers from The Sterling Family Trust.
Major political donors
Advise high-net-worth individuals on the vetting of political contributions and tax issues related to their support for tax-exempt groups.
Management of entire BCR approval process
Advising numerous companies on Binding Corporate Rules (BCRs), including Processor Rules. We help develop the BCR corpus and manage the entire approval process before the lead data protection authorities in several EU Member States including Belgium, Germany, Luxembourg and the UK.
Media Rights Agreements
Represented the PGA of America, the USTA, the U.S. Olympic Committee, the American Athletic Conference, the A-10 Conference, the Chicago Cubs, and the LA Clippers (among others) in connection with the negotiation of their media rights agreements.
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.
Microsoft's acquisitions of Nokia and Skype
Advised Microsoft in relation to the data protection aspects of the purchases of Nokia’s device and services business and Skype.
Microsoft’s EUR 5.44 Billion Nokia Transaction
Representation of Microsoft Corp. in its purchase of substantially all of Nokia’s devices & services business and licensing of Nokia’s patents. Covington advised on IP, commercial and regulatory matters on the transaction.
Minority business enterprise subcontracting
We defended a major supplier to transit authorities funded by the U.S. Federal Transit Administration against allegations that it was subcontracting with ineligible Minority Business Enterprises (MBEs), thus enabling our client to continue supplying the transit authorities of several major metropolitan areas.
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.
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.
Navigating FMS and FMF processes
Advised multiple sellers of military products to foreign governments through the Foreign Military Sales (FMS) and Foreign Military Financing (FMF) processes, gaining approval from the Defense Security Cooperation Agency for the sales and for using financing from FMF and commercial banks to enable the transactions.
Navigated foreign legal requirements for international contractors
Organized foreign counsel in 40 foreign countries to determine legal requirements governing U.S. government contractors working in country, to ensure local compliance as to business registrations, visas, employment laws, and taxes. In doing so, developed a template for determining foreign requirements and a network of local counsel to serve as a resource for the contractor.
Navigating U.S. sanctions programs for multinational corporations
When the U.S. government announced changes to its Cuba policy, major global companies in the consumer products, travel, and entertainment sectors turned to us for advice on policy and trade matters. We advised these clients on export controls and sanctions, legislative proposals, Helms-Burton restrictions, expropriations and certified U.S. claims, and market access issues.
Navigation of issues specific to CMS Recovery Audit Contracting
We helped a client navigate a range of issues unique to RAC contracts with the Centers for Medicare and Medicaid Services (CMS).
Navigation of multiple issues related to healthcare.gov
In the wake of the failed launch of healthcare.gov, we helped a major health IT company navigate compliance and other issues related to its healthcare.gov contract and efforts to remediate the website and related IT systems.
Navigation of Organizational Conflicts of Interest
We have helped major contractors navigate the specific Organizational Conflicts of Interest (OCI) rules and requirements imposed by the Centers for Medicare and Medicaid Services (CMS), the Defense Health Agency, and other agencies. When CMS rolled out its new approach to OCIs, including its new standard clause and required forms, we helped a major CMS contractor comment on key aspects of the approach.
Negotiated cooperative research and development agreements (CRADAs)
Advised major pharmaceutical, consumer products, and energy companies, as well as universities, concerning IP rights under CRADAs for technology transfers at national laboratories.
Negotiation and vetting of state contracts for healthcare exchanges and MMIS
We helped a major client negotiate contracts with state healthcare exchanges in Maryland and several other states, and navigate the procurement rules and risk areas unique to many state exchanges. We have also advised clients regarding intellectual property and other issues specific to state MMIS procurements.
New online advertising products
Represented a large social-media platform in connection with the development and implementation of new online advertising products.
New York State Common Retirement Fund v. Qualcomm, (Del. Ch. Ct. 2013)
Represented Qualcomm in the first lawsuit ever brought under Delaware corporate law to attempt to compel disclosure of corporate political expenditures. We negotiated a rapid resolution and the Common Retirement Fund withdrew its lawsuit.
New York state protest victory
We brought bid protests in New York State administrative and judicial forums concerning redevelopment of municipal hospital property. We obtained an opportunity for our client to become the selected awardee after the procuring agency initially selected two other awardees.
NFL Sunday Ticket DirecTV Deal
Representation of the National Football League in connection with its deal to extend DirecTV's exclusive rights to carry NFL Sunday Ticket in a multi-year agreement.
North Carolina protest victory
We successfully protested the award of a multi-year statewide tire contract to our client’s competitor. We convinced the State to take corrective action, which resulted in a contract award to our client.
OFAC advisory and enforcement matters
Represented major U.S. and European financial institutions in advisory and enforcement matters before the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) on the impact of U.S. asset-blocking measures.
Ongoing FARA compliance advice
We represent numerous consulting firms that are registered under the Act in ongoing compliance with the statute’s disclosure requirements and audits of disclosures by the Department of Justice.
Oil and gas company Iran sanctions
Extensive advice to U.S. and non-U.S. oil and gas companies on the scope and application of sanctions and retaliatory measures targeting Iran, including advice on pending U.S. enforcement matters.
Over-the-counter medicine investigation
We represented a world-leading consumer products manufacturer in an investigation by the House Committee on Oversight and Government Reform regarding high-profile recalls of over-the-counter medicines. The investigation included multiple interviews, tens of thousands of documents produced to Congress, and two major hearings, including one at which the company’s chairman and CEO testified.
Coordination of Patent Office and PTAB Strategy
For a pharmaceutical company with two patents covering a commercial product under challenge in inter partes review proceedings, we developed the strategy that resulted in the accelerated grant of four additional U.S. patents each eligible for listing in the Orange Book.
Samsung Inter Partes Reexamination Proceeding
Representation of Samsung Electronics Co., Ltd. in inter partes reexamination proceedings for a patent related to LCD color technology. Genoa Color Technologies Ltd., the original owner of the patent, sued Samsung for infringement. Samsung requested inter partes reexamination of the patent, and the Right of Appeal notice upheld the final rejection of all claims of the patent on numerous grounds. Subsequent to the Right of Appeal Notice, the parties settled the litigation.
Fujitsu Ex Parte Reexamination Proceeding
Representation of Fujitsu Limited as patent owner in an ex parte reexamination proceeding for a patent related to card type input/output interface devices. The U.S. Patent and Trademark Office issued a Reexamination Certificate confirming the patentability of claims at issue in a concurrent litigation.
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.
Pay-to-play advice for corporations
Pay-to-play laws do not just apply to investment advisers. Any company with government contracts is potentially subject to these rules. To that end, we regularly help our corporate clients develop and implement pay-to-play compliance policies and procedures.
Pay-to-play advice for major hedge funds
We advise several major hedge funds on compliance with federal and state rules governing political contributions by government contractors, as well as lobbying registration laws that apply to hedge funds that seek investments from state and local public pension plans.
Pay-to-play analyses for major pharma company
Conducted a detailed analysis of pay-to-play issues for a major pharmaceutical company and have obtained favorable advisory opinions from state regulators for a variety of our corporate clients.
Off-label marketing investigation
We represented a major pharmaceutical company in a lengthy investigation by the House Oversight and Government Reform Committee regarding alleged off-label marketing of pharmaceutical products. The investigation included dozens of requests and resulted in the production of tens of thousands of documents.
Policies surrounding pre-hire background checks
Advised a major sports league on the procedures for conducting pre-hire background checks under the Fair Credit Reporting Act (FCRA) and state law, and drafted appropriate contract language and consent forms accordingly.
Political tax advice to advocacy organization
Providing political law and tax advice to a highly publicized bi-partisan advocacy campaign. Covington devised a unique organizational structure to help accommodate the group’s political goals.
Political tax advice to nationally-recognized charitable organization
We advised the board of trustees of a nationally recognized charitable organization with respect to the possible effects on the organization’s tax-exemption of the perceived candidacy of the organization’s president in a federal election.
Political tax advice to potential presidential candidate
We advised a potential Presidential candidate on the pros and cons of forming one or more tax-exempt entities to promote public policy objectives in the run-up to the election.
Post-acquisition Compliance Review for Pharmaceutical Company
Conducted a post-acquisition trade compliance review for a global pharmaceutical company that included a voluntary disclosure to the U.S. Commerce Department. We also provided related Iran sanctions advice.
Privacy and security provisions in contracts
Advised major airline in relation to data ownership, privacy and security provisions in sales and distribution agreements with online travel agencies and global distribution systems.
Privacy-related issues in connection with an acquisition
Drafted privacy-related provisions for use in data processing and outsourcing arrangements and advised on state and tort-based employee privacy laws in connection with a proposed acquisition.
Privacy audit for oil and gas multinational in preparation for BCR approval
Managing a privacy audit of a U.S.-based multinational in the oil and gas industry in preparation for its BCR approval with the Dutch data protection authority as the lead authority, including reviewing and providing advice on the BCRs and the implementation strategy and assisting this client in the preparation and roll-out of various compliance tools in the framework of the BCRs.
Privacy training for employees
Prepared extensive privacy training materials and participated in training sessions for employees of European subsidiaries of a U.S.-based company.
Procurement advice and protests in states across the country
We have helped clients navigate state procurement systems and have handled protests in states across the country, including: California, Texas, New York, Florida, Maryland, the District of Columbia, Oregon, North Carolina, Massachusetts, Minnesota, Georgia, Colorado, Washington, New Jersey, and others.
Protection of Client IP Rights
For pharmaceutical, energy, and defense companies entering into R&D contracts, grants, and cooperative agreements with federal agencies (including DoD, DOE, and HHS), we have successfully developed and implemented strategies for protecting our clients’ intellectual property. We have helped our clients limit or avoid government IP rights through the use of alternative contracting vehicles, specially negotiated contract clauses, properly drafted statements of work, and other means. We have also obtained waivers of patent ownership from federal agencies, as well as waivers of the U.S. manufacturing requirements under the Bayh-Dole Act.
Protection of employee personal information
Provided guidance to a major technology and manufacturing company in connection with the unauthorized posting of employee personal information on a third-party webpage. Our efforts on behalf of the client included working with Internet service providers to remove the posted information and providing notice to potentially affected individuals and applicable state regulators.
Protection of IP rights for pharmaceutical companies
For pharmaceutical companies entering into R&D contracts, grants, and cooperative agreements with BARDA, NIH, and DTRA, we have successfully developed and implemented strategies for protecting our clients’ intellectual property. We have helped our clients limit or avoid government IP rights through the use of alternative contracting vehicles, specially negotiated contract clauses, properly drafted statements of work, and other means. We have also obtained waivers of U.S. manufacturing requirements under the Bayh-Dole Act.
Prysmian S.p.A.’s acquisition of Draka Holdings
Represented Prysmian S.p.A. in its acquisition of Draka Holdings.
Rafael Advanced Defense Systems’ matters
Represented Rafael Advanced Defense Systems on various matters, including in its acquisition of the remaining membership interests in Cubic Advanced Technical Systems.
“Rare Earths” WTO dispute
Advised a sovereign state and other stakeholders regarding a WTO dispute with respect to China’s restrictions on the export of commodities and “rare earth” minerals.
Renegotiated government IP agreements
On behalf of a major pharmaceutical manufacturer, we renegotiated agreements with the National Institutes of Health (NIH) concerning IP rights arising out of the development, manufacture, and use of experimental vaccine supplies for international clinical trials, and negotiated contract terms placing on the government the risk of the client’s use of contested IP developed by another contractor.
Representation of KKR on various investments
Represent Kohlberg Kravis & Roberts (KKR) on various matters involving potential foreign investor partners.
Representing global pharmaceutical company in “test” case involving BCR and CBPR interoperability
Representing Merck in one of the first “test” cases involving interoperability between BCRs and APEC’s Cross-border Privacy Rules (CBPR). The case will establish a precedent for cross-border transfers of personal data for both the EU and Asia-Pacific Region.
Resolved FTC Investigations Into Advertising Practices and Marketing Investigations
Successful public and non-public resolution of numerous other FTC advertising practices and marketing investigations, including numerous closures without commission action.
Resolved hotly-contested completion disputes of U.S. Embassy in Baghdad
Negotiated resolution of concerns that the contractor building the U.S. embassy in Baghdad had thousands of unauthorized deviations from specifications, which prevented the U.S. State Department’s acceptance of the sprawling compound. Demonstrated in senior-level meetings and on-the-ground inspections that the project was materially compliant, leading to acceptance and the resolution of investigations by multiple agencies and Congress.
Responding to Government Surveillance Inquiries
We have a leading practice advising Internet companies and cloud service providers on responding to legal demands seeking access to customer data or network surveillance, served by governments around the world.
Responding to Large Cyber-based Financial Crimes
We have handled multiple large cyber-based financial crimes, including, among others, assisting in the response to one of the largest criminal organization ATM cash drawdowns in U.S. history.
Responding to Sophisticated Advanced Persistent Theat ("APT") Attacks
We have directed the investigations and response into APT attacks from state-sponsored actors and sophisticated criminal groups targeting intellectual property and other proprietary information. These attacks, and the responses, have spanned multiple industries and global companies, with investigations covering four continents.
Reviewing and amending Binding Corporate Rules
Reviewing and amending BCRs for a Swiss-based pharmaceutical company with the French data protection authority acting as the lead authority.
Rio Tinto and Intalco Aluminum Corporation in Superfund Matters
Representation of Rio Tinto and Intalco Aluminum Corporation in litigation and negotiations concerning Superfund remediation and natural resource damages at various mine sites in the U.S. and Canada, including Holden Mine, Blackbird Mine and Britannia Mine.
Rolls-Royce acquisition of R.O.V. Technologies, Inc.
Represented Rolls-Royce in the acquisition of R.O.V. Technologies, Inc. by Rolls-Royce’s technical services subsidiary, R. Brooks Associates.
Rules of Origin
Provided foreign-origin and “Made in USA” marking advice to manufacturers in the life sciences, food, energy, chemicals, and consumer products industries.
SABIC’s acquisition of GE Plastics business
We represented both companies in SABIC’s acquisition of the GE Plastics business.
Resolved claims arising from the incarceration of U.S. contractor for espionage
Negotiated a creative settlement of a tort suit filed by a subcontractor arising from his imprisonment in Cuba for carrying out a USAID democracy-building program in that country. We converted that tort settlement into a contract claim by the prime contractor, and successfully negotiated payment to fully compensate the subcontractor while making the prime contractor whole.
Sale of satellite sports content to the U.S. Army
Negotiated the sale of satellite sports content to Army Non-appropriated Fund Activity.
Sale of Wolfcamp Shale leasehold to Sinochem
Represented Pioneer Natural Resources in the sale of leasehold interests in Wolfcamp Shale to Sinochem.
Sanctions advice for a major non-U.S. financial institution regarding the processing of U.S. dollar payments
We are representing a non-U.S. financial institution in connection with an investigation by federal and state civil and criminal enforcement authorities into the bank's processing to or through the United States of U.S. dollar payments involving U.S.-sanctioned parties.
Sanctions investigation of financial services firm
Assisted financial services client in investigation of potential sanctions compliance issues in UK affiliate; represented client before UK Financial Conduct Authority (the matter was ultimately resolved with the authorities taking no enforcement action).
SBA Size Determination
We took over a U.S. Small Business Administration (SBA) size determination proceeding for our client, an IT services provider, after previous DC government contracts counsel had failed to persuade the SBA that our client was a small business. We submitted thousands of pages of documentation and numerous position papers in what is believed to be the most complex size determination ever performed by SBA, and persuaded the agency that our client is a small business, notwithstanding its affiliation with dozens of other small businesses, thus allowing it to continue to compete for business on small business set-aside contracts.
SBIC portfolio company divestment advice
Our client was a small business defense contractor owned by a Small Business Investment Company (SBIC) that was nearing the end of the control period permitted under Small Business Administration (SBA) regulations. We advised a special committee of the board of directors of the client about the potential effects of various potential sale and transfer scenarios on the client’s continued small-business status, and enabled the committee to decide upon a course of action that would permit the client to continue to perform and compete for small-business set-aside contracts.
Expedia/Orbitz Transaction
Secured a significant victory for Expedia (and consumers) in its $1.3 billion acquisition of Orbitz. The DOJ closed its “second request” investigation without taking any enforcement action.
AstraZeneca Transactions
Representation of AstraZeneca in relation to the creation of a $3.4 billion diabetes joint venture with BMS, and the subsequent acquisition of sole control over that venture; in its acquisition of the rights to Almirall’s respiratory franchise (for initial consideration of $875 million and up to $1.22 billion in development, launch and sales-related milestones); assisting in the acquisition of the Takeda respiratory portfolio; and in relation to the creation of an oncology joint venture with Fujifilm Kyowa Kirin Biologics (FKB).
Sanofi/Verily Life Sciences Transaction
Representation of Sanofi in connection with obtaining clearances from the European Commission and in China, Korea, Switzerland, Taiwan, Turkey and Ukraine for its collaboration with Google Life Sciences, Inc., now Verily, relating to diabetes management products and services.
Qualcomm/CSR Transaction
Representation of Qualcomm in connection with its acquisition of CSR plc, with filings in China, Germany, Japan, Korea and Taiwan.
Verizon Communications Transactions
Representation of Verizon Communications in several transactions, including its $3.89 billion acquisition of AOL. Also advised the company in connection with its purchase of UK-based Vodafone’s 45 percent ownership of Verizon Wireless, as well as Vodafone’s purchase of Verizon’s interest in Vodafone Italy, which was valued at $124.1 billion.
Altice Transactions
Representation of Altice N.V., in its $18 billion acquisition of Cablevision Systems Corp. and its $9.1 billion acquisition of Suddenlink.
Newport Television Transactions
Advised Newport Television LLC in connection with the sale of broadcast television stations to Sinclair Broadcasting, Nexstar Broadcasting, and Cox Media Group.
China National Tire & Rubber Co. Transactions
Representation of China National Tire & Rubber Co., in its $7.7 billion acquisition of Pirelli.
Joy Global Transactions
Advised Joy Global in connection with several transactions, including its acquisition of LeTourneau Technologies from Rowan Companies and its sale of LeTourneau’s drilling systems and offshore products businesses to Cameron International.
Communications and Media Joint Ventures
Counseling for joint ventures for a variety of clients in media and communications, including cable channel ventures, joint ventures for video programming and content, and satellite, wireless, and broadcast joint ventures.
Ameron International Antitrust Clearance
Represented oilfield services company Ameron International in obtaining antitrust clearance for its acquisition by National Oilwell Varco.
Chemtrade Logistics Inc. Merger Review Clearance
Representation of Chemtrade Logistics Inc. in obtaining merger review clearance for its $860 million acquisition of General Chemical Corp.
Electronic Arts in its Acquisition of 19.9% Stake in Ubisoft Entertainment
Representation of Electronic Arts in its acquisition of a 19.9% stake in French game company Ubisoft Entertainment, in a transaction requiring the participation of multiple Covington offices on various corporate, antitrust and international issues.
Altice Acquisitions
Represented Altice before CFIUS in its acquisitions of Suddenlink Communications and Cablevision.
China Oceanwide’s Acquisition of International Data Group, Inc.
Represented China Oceanwide before CFIUS in its acquisition of International Data Group, Inc.
Debarment Advice for a Potential Investor
Advised a potential investor about likelihood of adverse debarment action resulting from alleged misconduct by target company’s employees.
Successfully Represented a Construction Company in a Federal Highway Administration Debarment Proceeding
Represented a large Puerto Rican construction company and its principal in suspension and debarment proceedings before the U.S. Department of Transportation Federal Highway Administration, resulting in a decision of no debarment.
Successfully Represented a Defense Contractor in Proposed U.S. Army Debarment
On behalf of a defense manufacturer in response to proposed debarment by the U.S. Army, conducted an internal company investigation and prepared the company’s formal response, resulting in the Army’s termination of the proposed action.
Successfully Defended $160 Million Navy Award
Successfully defended a major maritime services corporation’s $160 million federal contract to modify and operate a vessel on behalf of the Navy against protests litigated to a decision on the merits at both the U.S. Government Accountability Office (GAO) and the Court of Federal Claims.
Second Largest Airline in South Korea in U.S. Government Investigation of 2014 Accident
Representing the second largest airline in South Korea in connection with the U.S. government’s yearlong investigation of the 2014 accident at San Francisco International Airport.
Senate Armed Services Committee hearing
We represented a major federal contractor in an oversight hearing conducted by the Senate Armed Services Committee concerning the contractor’s activities supporting overseas military operations.
Senate Finance Committee investigation
We represented a major biotechnology company in a congressional investigation by the Senate Finance Committee concerning the price of its breakthrough drug.
Service Contract Act investigation and disclosure
Our client, a major large business provider of IT services to the federal government, discovered possible Service Contract Act compliance issues in the operations of a recently acquired subsidiary. We conducted and internal investigation and assisted the client in making a disclosure to the U.S. Department of Labor, which closed the matter without adverse financial or other consequences for our client.
Severance cost dispute for DOE contractor
Recovered disallowed severance costs paid by a U.S. Department of Energy (DOE) contractor to its employees when the contractor exited the contract and the employees went to work for a successor contractor. The costs were unallowable under the Federal Acquisition Regulation (FAR), but the contract contained an unusual provision, personally approved by President Truman, making virtually all costs allowable. We handled the preparation of the initial claim, the contract appeal to the Court of Federal Claims, and the appeal to the Federal Circuit, at the end of which our client recovered every penny of its severance outlay, plus interest.
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.
Significant prime-sub dispute victory
Prevailed on the appeal of a $250 million prime-sub dispute centered on a Truth in Negotiations Act issue. This was a huge victory for the client, after having lost at the trial level using different counsel.
Singapore Telecommunications Limited’s acquisition of Trustwave Holdings, Inc.
Represented Singtel in its $810 million acquisition of Trustwave Holdings, Inc.
SolarCity antidumping and countervailing investigations
Represented SolarCity Corporation in solar cells and modules antidumping and countervailing duty investigations.
State pay-to-play investigation
We successfully represented a political candidate in one of the first and highest-profile pay-to-play law investigations in the country.
State Super PAC
Advise state Super PACs in multiple states on campaign finance and tax-exempt organizations law issues.
Steel products antidumping investigation
Represented Procter & Gamble in antidumping investigation related to diffusion-annealed, nickel-plated flat-rolled steel products.
Statoil’s acquisition of Brigham Exploration
Represented Statoil in its acquisition of Brigham Exploration.
Structuring an OTA arrangement
Advising a Fortune 50 company during the negotiation of an Other Transactions agreement with an Intelligence Community customer.
Structuring subaward practices under new uniform grant requirements
Assisted a coalition of nonprofit organizations in revising internal policies and standard subagreements to account for completely revamped uniform grant requirements that impose significant new burdens on the subaward process.
Successful jury trial defense of Schedule contractor in False Claims Act case in the Eastern District of Virginia
Through a jury trial in the Eastern District of Virginia, successfully represented a Schedule contractor accused of submitting fraudulent commercial pricing data in violation of the False Claims Act (FCA). The Fourth Circuit affirmed the jury verdict in favor of the contractor.
Successful representation of major defense IT contractor in GSA IG audit
Successfully represented a major defense IT contractor in an audit of two U.S. General Services Administration (GSA) Schedule contracts by the GSA Inspector General (IG), in which the IG initially asserted a claim for the repayment of tens of millions of dollars. The matter was resolved for less than $5,000.
Successfully defeated infringement suit in the Court of Federal Claims
One of our clients provides a key component of the F-35 Joint Strike Fighter. A rival contractor sued the U.S. government in the Court of Federal Claims, alleging that the component infringed its patent. We intervened on behalf of our client and persuaded the court to rule that the patent is invalid.
Successfully Defended $1 Billion Award for Embassy Services
Our client’s award was challenged by three competitors. We defeated all three protests. We also persuaded the agency to override the automatic stay of contract performance, and then successfully defended the override before the U.S. Court of Federal Claims.
Successful resolution of best pricing investigation
One of the nation’s largest construction supply companies was investigated for failing to provide the General Services Administration (GSA) with its “best pricing” for materials. Working with the company’s auditors, we were able to resolve the matter for no money based on ambiguities in the Schedule language as applied to the circumstances.
Successfully Defended $1 Billion Coast Guard Award
When the U.S. Coast Guard awarded a contract worth more than $1 billion for the construction and delivery of naval vessels, a competitor protested, first at the Government Accountability Office (GAO) and then at the Court of Federal Claims. We defeated both protests and preserved the award.
Successfully defended $150 million FDA award
When the U.S. Food and Drug Administration (FDA) awarded our client a $150 million contract for IT services, two competitors protested. We successfully defended the protests, getting one dismissed for lack of interested party status and the other denied on the merits.
Successfully defended $50 million MDA award
When the U.S. Missile Defense Agency (MDA) awarded a contract to our client for engineering and support services, a competitor protested. We successfully defeated the protest.
Successfully defended prime contractor in data rights lawsuit
We successfully defended a Navy prime contractor accused of misusing its subcontractor’s design data. We convinced the court that the Defense Federal Acquisition Regulation Supplement (DFARS) data rights clauses allowed the client to use and distribute the data, resulting in a complete summary judgment for our client.
Successfully defended bidder against claims of misuse of competitors data
We obtained a complete jury verdict for our client accused of misappropriating the incumbent’s trade secrets to win a $200 million NASA contract. The alleged trade secrets included the data generated under the incumbent’s existing NASA contract and the incumbent’s proposal data for the new contract.
Successfully protested $1.6 billion DoD award
When the U.S. Transportation Command issued a $1.6 billion multiple-award contract for transportation services, we protested the agency’s decision not to include our client among the awardees. After briefing and subsequent negotiations, the agency agreed to award a contract to our client.
Successfully protested $2 billion+ biodefense award
When the federal government awarded a contract worth more than $2 billion for the development and delivery of a medical countermeasure, we protested at the U.S. Government Accountability Office (GAO). After many rounds of briefing, and a hearing before GAO, the agency agreed to cancel and re-compete the majority of the contract.
Successfully protested award for contract to help reform the justice system in Mexico
We successfully challenged an agency award of a contract to assist the government of Mexico in reforming its justice system, obtaining corrective action that involved new final proposal revisions. When our client won the second round award, we defended a challenge by the prior awardee, and preserved the award to our client.
Successfully protested $200 million U.S. Army award
When the U.S. Army awarded a $200 million contract for IT services, we protested the award, arguing that the awardee had an organizational conflict of interest and gained an unfair competitive advantage by hiring a former government official. The agency took corrective action in response to the protest.
Successfully protested the terms of a $2 billion USAID procurement
When USAID issued a $2 billion procurement for consulting services related to economic growth and poverty reduction, we protested the terms of the solicitation. Our protest convinced the agency to abandon its use of the “low cost, technically acceptable” evaluation scheme by arguing that LPTA was inappropriate for the complex, high-stakes services being sought.
Successfully protested exclusion from $500 million+ biodefense competition
When the U.S. Department of Defense (DoD) conducted a competition for an Advanced Development and Manufacturing (ADM) facility for medical countermeasures, we protested DoD’s exclusion of one of the offerors from the competitive range. The protest issues were of extraordinary technical complexity, but after several rounds of briefing, we convinced the agency to reverse course and invite the offeror back into the competition.
Successfully protested the terms of a $600 million cloud procurement
When the Central Intelligence Agency (CIA) issued an RFP for cloud services, we filed a protest challenging the terms of the RFP as unduly restrictive of competition. After discussion with the U.S. Government Accountability Office (GAO), the agency agreed to amend the RFP to revise the terms at issue in the protest.
Supporting overseas military banking services
Provide ongoing support to a major banking contractor by challenging cost disallowances by the U.S. government that could interfere with the bank’s ability to provide critical banking services to military members stationed around the world.
Technology control plan for an aerospace company
For a U.K.-based company in the aerospace sector, we drafted a Technology Control Plan taking into account the applicable EU, Member State, and U.S. trade controls.
Telephone systems antidumping proceedings
Represented AT&T in antidumping proceedings related to telephone systems for small businesses.
Temasek Holdings acquisitions
Represented Temasek Holdings in various matters, including its investment in Merrill Lynch.
Textile and apparel producer CITA petition
Represented a coalition of U.S. and foreign textile and apparel producers in the CITA safeguards petition process related to imports of Chinese textile and apparel products to the United States.
Think tank internal review
We represented a think tank in an internal review of its foreign government funding in the context of suggestions that its activities may have implications under the Foreign Agents Registration Act.
TINA dispute
For an electronics supplier to a prime contractor for a major U.S. Navy program, we appealed in the prime contractor’s name from a final decision finding defective pricing due to the alleged nondisclosure of certain improvement-curve data that the Navy contended would have led the Navy to conclude that the decline in labor costs would have been steeper than the parties assumed in negotiations. After the close of discovery, we negotiated a favorable settlement.
Trade controls due diligence in M&A transaction
Conducted a due diligence review of International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), economic sanctions, and anti-boycott compliance in connection with the acquisition of a U.S. defense subcontractor by a foreign buyer.
Trade remedy investigations
Represented the largest U.S. sugar importer in an antidumping and countervailing duty investigation.
Tribune Company $2.73 Billion Acquisition of Local TV Holdings
Served as communications regulatory counsel to Tribune Company in its $2.73 billion acquisition of Local TV Holdings, LLC.
Union Pacific Railroad in Antitrust, Legislative, and Regulatory Matters
Representing 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.
Univision in Deal for Carriage on DISH’s “Over the Top” Sling TV Service
Represented Univision Communications in the precedential agreement for carriage of Univision’s broadcast stations and cable networks on DISH’s “over the top” Sling TV service. The UCI media portfolio includes the Univision Network, one of the top five broadcast networks, and the most-watched Spanish language broadcast network in the U.S., reaching approximately 94 percent of U.S. Hispanic television households. The agreement covers the Univision and UniMas broadcast networks, as well as other UCI services, such as Univision Deportes and El Rey Network. Sling TV is a new online offering from one of the largest television distributors in the country, by which subscribers can view major network content via the Internet anywhere in the United States.
Univision’s IPO
Served as communications regulatory counsel to Univision in filing for an initial public offering of Class A common stock in the United States on July 2, 2015.
Uranium antidumping proceedings
Represented Electricité de France in antidumping and countervailing duty proceedings related to low enriched uranium.
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.
U.S. government sanctions investigation of international energy company
We advised an international energy company on a U.S. Treasury Department investigation of transactions with certain U.S.-sanctioned markets, and assisted the company with interactions with the U.S. State Department on sanctions-related policy matters. The Treasury Department closed its investigation without taking any enforcement action against our client.
Various Team Telecom matters
Represented various additional parties before Team Telecom on matters not requiring CFIUS review, including LightSquared, BT, and Iridium Satellite.
Wanxiang America acquisition of A123 Systems and related matters
Represented Wanxiang America in separate transactions involving the acquisition of certain assets of A123 Systems, Inc., a lithium ion battery company, and the sale of the Energy Solutions Business of A123 Systems to NEC Corp.
WS Atkins’ acquisition of Nuclear Safety Associates
Represented Nuclear Safety Associates in its acquisition by WS Atkins.
WTO and NAFTA disputes
Counseled clients on WTO and NAFTA disputes on a wide range of matters, including sanitary and phytosanitary regulations, anti-dumping and countervailing duties, agricultural subsidies, and intellectual property issues, including the FSC and Byrd WTO disputes against the United States. Our lawyers have argued cases before the WTO and have negotiated solutions related to implementation, compliance, and retaliation in trade disputes.
WTO consistency framework for U.S. Chamber of Commerce
Prepared for the U.S. Chamber of Commerce a framework for analyzing WTO consistency of China’s approval process for inbound foreign direct investment.
WTO e-commerce debate representation
Advised a leading information technology company and represented them before the U.S. and EU governments in the WTO debate on e-commerce.
WTO IP regulatory advice
Assisted leading multinational companies and industry associations in developing and implementing strategies to counter foreign regulations restricting intellectual property rights in violation of the WTO TRIPS Agreement and other regional and bilateral trade agreements.
Data Breach Response and Compliance
We have counseled clients on all aspects of data breach response globally, including incidents involving more than 100,000 impacted employees, payment card incidents involving millions of consumers, and breaches of other personal information impacting more than 50 million consumers.
WTO trademark dispute
Successfully represented a client’s intellectual property interests and achieved a successful resolution of a WTO trademark dispute.
Pursuing Recovery for the Largest Documented Data Security Breaches
We have successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches.
Pre-Incident Advice and Assessments
We regularly advise clients on compliance with information security requirements and best practices, including, among others, governance best practices, vendor contract terms and due diligence, the implementation of information security controls to satisfy regulatory requirements, and the conduct of vulnerability assessments.
Prosper in Acquisition of BillGuard
Representation of Prosper in its acquisition of BillGuard, a personal finance analytics company.
New EU Legislation for the Fintech Sector
Advising a number of firms on the provisions of the new Payment Services Directive 2 and how to implement the changes.
Prosper in Acquisition of American Healthcare Lending
Representation of Prosper Marketplace, Inc. in its acquisition of a healthcare lending platform, American Healthcare Lending, LLC, and merger with Prosper’s wholly owned subsidiary, Prosper Healthcare Lending, LLC.
Public Capital Raising by Fintech Issuer
Representation of Cenkos Securities, plc as nominated adviser, broker and bookrunner in relation to an IPO on AIM and two follow-on offerings by FAIRFX GROUP plc, an international payment services provider.
Strategic Alliance and Outsourcing
Representation of a company in the fintech sector in a complex strategic alliance and outsourcing transaction to create an innovative post-financial trade processing and technology service for large banks in Europe and Asia.
Innovative New Product for Global Communications Firm
Advising a global network that enables institutions to send and receive information about financial transactions on an innovative new communications technology platform.
Prosper in Six Rounds of Funding
Representation of Prosper Marketplace in its last six rounds of financing, including its most recent $165M Series D financing.
JD.Com in Investment in and Joint Venture with ZestFinance, Inc.
Representation of JD.com in connection with its investment in and joint venture with ZestFinance, Inc.
Prosper in First-of-its-Kind Transaction
Representation of Prosper Marketplace in a variety of securities advisory and transactional matters, including in a first-of-its-kind registration of $500 million of borrower dependent notes and restructuring into a bankruptcy remote vehicle, several rounds of venture financings, as well as ongoing disclosure, SEC reporting and SEC regulatory matters.
Legg Mason Investment in Precidian Investments LLC
Representation of Legg Mason, Inc. in its investment in Precidian Investments LLC, a leader in the creation of innovative financial technology products, specializing in exchange-traded fund and mutual fund development, and associated trading and pricing technologies.
WSFS Bank in Strategic Investment and partnership with ZenBanx
WSFS Bank in its strategic investment and partnership with ZenBanx Holdings, which offers a mobile, multi-currency account that will allow consumers to hold balances denominated in up to five currencies in a single account.
Broadcasters and Programming Suppliers in Negotiations and Litigation
Representation of broadcasters and programming suppliers in negotiations and litigation with satellite carriers EchoStar and DirecTV.
Broadcasters on DTV Transition
Representation the broadcast industry and individual broadcasters for nearly two decades on the incredible range of technical, legal and policy issues surrounding the transition to digital television. We helped negotiate the DTV standard, and devised the new frequency table. We worked closely at every step with the FCC’s engineers and with engineers across the television industry. We also worked to develop the new rules and legal requirements to accompany the detailed technical analysis.
Canadian Satellite Radio in $100 million Bond Offering
Representation of Canadian Satellite Radio Holdings, Inc. in a $100 million bond offering.
Coalition of Internet Leaders on Enactment of Net Neutrality Legislation
Working for the enactment of meaningful net neutrality legislation on behalf of a coalition of Internet leaders, including eBay, Google, InterActiveCorp, Microsoft and Yahoo!.
Coalition of Nearly 100 Broadcast Television Stations in Challenging Broadcast Indecency Fine
Challenging the largest broadcast indecency fine ever proposed by the FCC as lead counsel for a coalition of nearly 100 broadcast television stations.
Cook Inlet and Others in Spectrum Auctions Process
Represented Cook Inlet and others in the spectrum auctions process.
Development and Coordination of Anti-Piracy Strategies throughout Europe for Software Providers
Devised and coordinated anti-piracy strategies throughout Europe (including Russia and markets in Eastern Europe) to enforce the IPRs of leading software providers.
Disney in $7 Billion Acquisition of Infoseek Corporation
Representation of the Walt Disney Company in its $7 billion acquisition of Infoseek Corporation.
BSA on the EU Copyright Directive
Provided strategic advice and advocacy support to the Business Software Alliance on the EU Copyright Directive, proposed Software Patents Directive and IP Enforcement Directive, and more broadly assisted in efforts to promote the protection of IP in the EU and third countries.
Fax Ban Coalition, U.S. Chambers of Commerce, National Association of Realtors, and Coalition of Mortgage Finance Industry Businesses on Commercial Fax Messages Matter
Obtaining rules on commercial fax messages that protect consumers’ rights, but are fair to legitimate businesses, after multi-venue effort in Congress, in court and at the FCC on behalf of the Fax Ban Coalition, a cross-industry group of trade associations and businesses, as well as the U.S. Chambers of Commerce, the National Association of Realtors and a coalition of businesses in the mortgage finance industry.
Foreign Satellite Manufacturer on Corporate and Securities Law
Representation of a foreign satellite manufacturer on general corporate and securities law issues regarding its activities with a U.S. company developing a new satellite-based communications service.
Global Software and Technology Company in Telecommunications Regulatory Matters
Representation of one of the world’s largest global software and technology companies in a range of communications regulatory issues affecting its business.
Group of Secured Lenders in Restructuring FairPoint Communications
Representation of a group of secured lenders as principal outside regulatory counsel in the restructuring of FairPoint Communications.
Investors in the Old ITFS and MMDS Spectrums
Represented investors in the old ITFS and MMDS spectrums have turned to us for advise on new spectrum strategies, regulatory reform, and deal work.
Major Publishers in United States and Europe on Cross-Border Libel Matters
Representation of major publishers in the United States and Europe on cross-border libel matters relating to Internet publication.
Major Media Company on Telecommunication Matters
Representation of a major media company on all telecom matters relevant to its commencement and continuity of operations as a Mobile Virtual Network Operator (i.e., a reseller of wireless service) in the U.S. market.
Microsoft before FCC on Issues Concerning Media Center and DRM Products
Representation of Microsoft before the FCC on various issuing surrounding its Media Center and DRM products. We obtained FCC recognition of Windows Media Digital Rights Management software as a permissible means to handle digital content. We also represent the company in ongoing rulemakings and waiver petitions involving plug-and-play issues, including industry-wide efforts to resolve these issues.
Microsoft in License Negotiations for Xbox 360
Representation of Microsoft in negotiating licenses for IP related digital output and copy protection technology for the Xbox 360 console.
Mobile Satellite Ventures (MSV) in Corporate Matters
Representation of Mobile Satellite Ventures (MSV), an L-band MSS provider that has an authorization for a next generation service using ancillary terrestrial components (ATC), in corporate and transactional matters, including equity and debt financing.
Microsoft in Negotiating Reseller Agreements for Interactive Voice Recognition Cloud Services
Representation of Microsoft in negotiating reseller agreements for interactive voice recognition cloud services between Microsoft subsidiary Tellme and various partners, initially Juma Technology Company and its subsidiary Nectar Services Corp.
Multiple Clients on Legislative and Regulatory Policy and Litigation Issues
Representation of clients on various legislative and regulatory policy and litigation issues, including (1) retransmission consent, (2) downconversion of digital signals by cable systems, (3) carriage of digital multicast streams by cable, DBS and other video program distributors, (4) indecency, (5) media ownership and (6) importation of distant signals by DBS operators.
NAB Before the U.S. Supreme Court
Representation of the National Association of Broadcasters before the U.S. Supreme Court in the Schwarzenegger case, which concerns the First Amendment validity of state-imposed limitations on violent video games.
National Geographic Society in Creation of Channel
Representation of National Geographic Society in the creation of the National Geographic Channel with News Corp. and NBC.
National Press Photographers Association in Protection of Journalists' Rights
Protecting the rights of journalists to gather news in the New York and New Jersey transit systems, on behalf of the National Press Photographers Association.
Network Affiliated Stations Alliance and NAB in Battle before Congress, FCC, and Third and D.C. Circuits Courts of Appeals
Waging on behalf of the Network Affiliated Stations Alliance and the National Association of Broadcasters a multi-year, multi-venue battle before Congress, the FCC, and the Third and D.C. Circuits Courts of Appeals on the national television ownership rule, successfully achieving a legislative reversal of the FCC’s decision.
New Skies on Multiple Matters
For New Skies, a spin-off of Intelsat, we have provided FCC advice and also have handled arbitration, litigation, export control and intellectual property projects.
Newspaper Association of America and 70-Member Media Coalition in Spearheading Federal Legislation to Establish Journalists’ Privilege
Representation of the Newspaper Association of America, and an 70-member media coalition, in spearheading federal legislation to establish a journalists’ privilege. We have worked closely with proponents of legislation and with Congress to suggest creative solutions to protecting the integrity of the journalistic enterprise, in both traditional and digital media, while taking into account legitimate law enforcement and anti-terrorism concerns.
NFL in Negotiations for Digital Downloads
Representation of the National Football League in negotiations for digital downloads of NFL content and a wide range of other new media deals with Yahoo!, iTunes and others.
NextWave and Others in Spectrum Strategies and Opportunities
Represented NextWave, other applicants and licensees, and numerous investors in connection with new spectrum ideas, purchases, auctions and new technologies in the 700 MHz, 800 MHz, and 2 GHz spectrum.
On Behalf of MSTV, Representing the Television Industry on Key Legislative, FCC, and Industry Issues
On behalf of MSTV, representing the television industry on key legislative, FCC and industry issues, including, for example, negotiating a template agreement with Sprint Nextel for the migration of broadcast ENG services out of the 2 GHz spectrum, the implementation of a “hard date” for the transition to a digital-only television service, and for the process of electing and assigning final DTV channels.
PanAmSat, Hughes Network Systems, and Intelsat on Conducting Due Diligence Reviews
Assisted various financial and strategic investors in conducting due diligence reviews of PanAmSat, Hughes Network Systems, and Intelsat in connection with the sale of such companies.
Pulitzer-Prize Winning Author Ron Suskind on His War on Terror Investigative Work
Representation of Pulitzer-prize winning author Ron Suskind in connection with his investigative work on the war on terror and in particular, with his most recent bestselling work, The One Percent Doctrine.
Qualcomm in Numerous European Acquisitions and Investments
Representation of Qualcomm in numerous European acquisitions and investments including its $200 million joint venture and private equity investment with Omnia, a subsidiary of Saudi Oger, to create a UK-based company to deploy CDMA-based technology.
Qwest Communications International Inc. in Multiple Transactions
Representation of Qwest Communications International Inc. in a number of strategic transactions and proposed transactions, including its merger with CenturyLink (as local counsel in the District of Columbia and Maryland).
Raycom Media’s CBS-Affiliated Station in Cleveland in Opposing Newsgathering Restriction
Representation of Raycom’s CBS-affiliated station in Cleveland in opposing a newsgathering restriction imposed by the mayor of the City of Cleveland. Within 24 hours of the imposition of a ban on contacts to our clients’ journalists, we had begun preparation of an injunction action. Following initial hearings, we negotiated a resolution that resulted in full reinstitution of access for our client.
Rural Local Exchange Carrier with Telecommunications Issues
Representation of one of the industry’s largest rural local exchange carriers as principal outside regulatory counsel in the U.S. in connection with universal service, intercarrier compensation and broadband compliance, investigations and policymaking proceedings.
San Francisco Digital Media Advisory Council Member
Covington is the only law firm member of the San Francisco Digital Media Advisory Council, a coalition between the City of San Francisco and a host of leading digital media and entertainment companies, including Electronic Arts, Lucasfilm, Dolby Labs, Wild Brain Entertainment, Giant Killer Robots, Dreamworks Animation and Pixar.
SES Americom on Advice and Advocacy at FCC and DOJ
For SES Americom, we provided advice and advocacy at the FCC and DOJ concerning the impact of the News Corp. acquisition of Hughes Electronics (and its subsidiary, PanAmSat), on competition in the satellite distribution services industry.
“Small Refinery” Exemption Advice
Advise petroleum refiner regarding the scope and applicability of the “small refinery” exemption from the renewable fuel standard.
Specialty Equipment Manufacturers on FCC Compliance
Representation of one of the leading distributors of televisions to the healthcare field, Specialty Equipment Manufacturers, on FCC compliance issues. When its leading manufacturer discovered problems complying with an FCC rule, we sought a waiver of the FCC’s Part 15 requirements for one of the leading TV set manufacturer in this market.
Ontario Teachers Pension Fund, Providence Equity Partners and Madison Dearborn Partners in $33B Acquisition
Representation of Ontario Teachers Pension Fund, Providence Equity Partners and Madison Dearborn Partners in their $33 billion acquisition of BCE, Inc., the parent of Bell Canada.
Television Clients on Pre-Publication Review, Newsgathering and Subpoena Defense Issues
Provided pre-publication review, newsgathering and subpoena defense work for television clients in some 25 states on a 24/7/365 basis. To ensure that our team is fully available to journalists around the clock, we have established technical solutions so that scripts, video clips and documents are distributed electronically to all members of our team simultaneously.
TerreStar Networks in Compliance Matter
Representation of TerreStar Networks, one of the companies that won a license to offer mobile satellite service (“MSS”) in the 2 GHz band, on critical milestone compliance and MSS spectrum allocation issues.
Two Major National News and Public Affairs Magazines and a National Newspaper on International Newsgathering and Libel Exposure Issues
Advised two major national news and public affairs magazines and a national newspaper on international newsgathering and libel exposure issues. For example, we have advised on the use of hidden cameras in Africa, India and Europe. We also represented a 50-member media coalition in successfully persuading Canadian courts not to exercise jurisdiction over the Washington Post in Bangoura v. Washington Post.
Verizon in Dispute with RIAA
Representation of Verizon in a dispute with the Recording Industry Association of America over the application of safe harbor provisions of the Digital Millennium Copyright Act to subscribers’ sharing of music and other content using peer-to-peer services.
Testified in Favor of and Played an Advisory Role in Crafting, Federal Legislation to Limit “Libel Tourism”
A Covington partner testified in favor of, and played an advisory role in crafting, federal legislation to limit “libel tourism,” the practice of libel plaintiffs suing U.S. publishers abroad. The resulting legislation, the SPEECH Act, unanimously passed the House and the Senate and was signed into law in August 2010.
Declination for Alleged Trade Agreements Act Violation
Secured DOJ declination for pharma manufacturer accused of supplying federal agencies with non-conforming drugs in violation of the Trade Agreements Act.
Criminal Declination and Favorable Civil Settlement
Represented government contractor facing parallel criminal and civil proceedings related to alleged manufacturing quality nonconformances; secured declination of the criminal matter and extremely favorable civil settlement.
Dismissal of FCA and Kickbacks Allegations
Won dismissal of False Claims Act case, brought in the Eastern District of Virginia, alleging prime contractor had violated contract provisions governing the award of subcontracts.
Declination in Investigation of Pharmacy Management Software
Represented biotech company in obtaining civil declination in matter concerning pharmacy management system software.
Declination of Civil and Criminal Claims in Manufacturing Investigation
Represented biopharmaceutical manufacturer in obtaining criminal and civil declination of investigation concerning alleged cGMP violations.
Declination of Civil and Criminal Claims in Kickback Investigation
Represented pharmaceutical manufacturer in obtaining civil and criminal declination in federal investigation concerning alleged payment of kickbacks to influence formulary position.
Summary Judgment under California’s Insurance Frauds Prevention Act
Won summary judgment for a medical device manufacturer under California far-reaching law that permits qui tam claims on behalf of private insurance companies.
Defense of Whistleblower Retaliation Case
Won summary judgment and First Circuit affirmance for GlaxoSmithKline in a whistleblower retaliation lawsuit.
"Public Disclosure Bar" Dismissal for Clinical Laboratory
Represented a leading clinical laboratory in a successful motion to dismiss and Third Circuit appeal under the “public disclosure bar” in connection with qui tam allegations related to the provision of free medical supplies to the laboratory’s customers.
Supplier Human Rights Management
Assisting a leading life science company on their supplier audit protocols governing employment, environmental, and health and safety protections across multiple jurisdictions.
Multi-Disciplinary Compliance Matters
Advising clients, including manufacturers across a range of industries on EU environmental and conflict mineral regulations and initiatives.
Human Rights Training
Supporting clients with their internal training and awareness-raising programs and initiatives, and helping build the internal alliances necessary to formulate effective human rights plans.
Declination, Dismissal, and Recovery of Defense Costs
Represented aerospace contractor accused of violating Cost Accounting Standards (CAS) violations, securing declination of DOJ investigation, dismissal of subsequent qui tam case, and recovery of allowable costs of defense, including legal fees.
Declination in Reverse False Claims Investigation
Represented pharmacy chain in obtaining civil declination in federal investigation of alleged retention of overpayments under the False Claims Act.
Gas Pipeline Explosion Lead Counsel
Lead counsel for Apache Corporation in insurance coverage arbitration and litigation proceedings relating to the explosion of a gas pipeline in Western Australia.
Gas Marketing and Trading Business Issues
UBS on FERC issues relating to its gas marketing and trading business.
FTC Investigation Involving Microsoft's Passport Internet Authentication Service
Microsoft in the FTC’s groundbreaking investigation and agreement related to Microsoft’s Passport Internet authentication service, which was the FTC’s first consent agreement under Section 5 of the FTC Act to impose information security commitments related to the protection of personal information.
Gas Utility Controversy with El Paso Natural Gas Company
A large gas utility in a controversy with El Paso Natural Gas Company concerning rights of contract termination and Rights of First Refusal.
GE and Synchrony Financial in $2.95 billion initial public offering and subsequent split-off transaction
Representing General Electric and Synchrony Financial (GE Capital’s former North American retail finance business) in connection with Synchrony’s approximately $2.95 billion initial public offering and in connection with GE’s subsequent exchange offer to complete the separation of Synchrony from GE, including the Federal Reserve Board application process and approval required for the Synchrony’s separation from GE.
GE Capital Retail Bank CFPB Investigation and DOJ Consent Order
Represent the former GE Capital Retail Bank (now Synchrony Financial) in a CFPB investigation, enforcement action, and consent order related to allegations of deceptive marketing of credit card add-on products and discrimination against Spanish-speaking customers related to certain offers to settle outstanding credit card balances and a Department of Justice enforcement action and consent order regarding the same allegations of discrimination.
General Data Protection Regulation (GDPR)
Advising numerous clients on compliance with the General Data Protection Regulation (GDPR).
Genetic diagnostics strategic alliance
Illumina in a strategic alliance with Genomics England for a four-year project to decode 100,000 human genomes.
General representation of financial institutions
On an ongoing basis, we provide government relations advice to several large and mid-size financial institutions.
GHL Acquisition Corp. in Acquisition of Iridium Holdings LLC
GHL Acquisition Corp., a special purpose acquisition company sponsored by Greenhill & Co., Inc., in its acquisition of Iridium Holdings LLC, the leading mobile satellite services provider.
Global compliance advice for new products
Advising a large social network on compliance with U.S., EU and international data privacy laws in relation to its launch of new services and functionality, including geotargeting, facial recognition and targeted advertising.
Global compliance
Serving as global privacy and data security counsel to a global e-commerce business, including advising on financial services privacy and information security-related aspects of certain mobile payments and mobile wallet services and international data transfers
Global health privacy advice
Advised pharmaceutical companies in the United States and Europe on data privacy issues, including questions relating to genetic testing programs and the development of genomics databases, the sourcing and handling of human tissue and biological samples for research purposes, patient outreach, and marketing activities.
Global policies and procedures
Advising Microsoft on a broad range of privacy and data security issues impacting its services in Europe and at a global level.
Development of Internal Guidelines for Law Enforcement Requests
Regularly assist global businesses in developing internal guidelines for responding to law enforcement requests, including by identifying and advising on relevant legal obligations and assessing best practices for responding to government requests for customer data. We help clients develop procedures for addressing conflict-of-law issues that arise when receiving law enforcement requests from countries worldwide, with an eye toward creating efficient and scalable solutions.
Global Privacy Audit for Leading Consumer Electronics and Technology Companies
On behalf of one of the world’s leading consumer electronics and technology companies, we completed a comprehensive global privacy audit under the laws of the United States, the European Union, and China, including an assessment of the data collection, use, and sharing practices of numerous business units (including HR data), cross-border data transfers, and adopting a going-forward privacy governance and risk-management approach and corresponding policies and procedures.
Global privacy compliance programs
Designed a compact worldwide privacy compliance program for a U.S. multinational company.
Successful Challenge of FBI National Security Letter
Challenged issuance of an FBI National Security Letter (NSL) seeking customer information from a global technology company; after this challenge, the FBI withdrew the NSL.
Litigated Successful Constitutional Challenge
On behalf of Microsoft, successfully challenged a gag order statute that allows courts to forbid technology companies from telling their customers about demands for their data under the Electronic Communications Privacy Act (ECPA). The lawsuit resulted in nationwide reform of the government's practices under the statute. See Microsoft Corporation v. United States Department of Justice, No. 2:16-cv-00538-JLR (W.D. Wash.).
Litigation Resulting in New Rules on Customer Access to Government Data Demands
Representation of technology client in Foreign Intelligence Surveillance Court litigation challenging restrictions on technology company disclosures about government surveillance. The litigation resulted in new rules that allow technology companies to give their customers more information about how often the government demands customer data. See In re Motion to Disclose Aggregate Data Regarding FISA Orders, Misc. No. 13-04 (FISA Ct. 2014).
Tencent in $8.6 Billion Acquisition of Clash of Clans Developer
Represented Tencent Holdings Limited in its $8.6 billion acquisition of a majority stake in Supercell Oy, developer of Clash of Clans, Clash Royale, Boom Beach and Hay Day, from SoftBank.
NBA in Live Virtual Reality Streaming with NextVR
We represented the NBA in a multi-year deal to stream live NBA games in virtual reality in a partnership with NextVR, which will become the official live virtual reality partner of the NBA. During the 2016-2017 season, live VR games will first be available to NBA League Pass subscribers, with single-game purchase opportunities to follow for all VR consumers as the NextVR app becomes available on new VR devices.
Pac-12 Networks in Twitter Streaming Deal
We represented Pac-12 Networks in its deal with Twitter for streaming of 150 live Olympic sports events from the Pac-12 universities.
Fox Networks Group in Online Distribution Agreements
We represented Fox Networks Group in various agreements for carriage of the Fox suite of cable networks and the Fox owned and operated broadcast television stations on various “over-the-top” Internet-based distribution platforms.
Market entry
Assisting a major U.S. tech company with an entrance into China, including providing a comprehensive analysis of privacy and data protection issues in connection with that entry.
Mass media company global public policy
One of the world’s largest global mass media companies needed support on a range of issues that intersect law and policy. We helped the client:
- navigate U.S. sanctions on advertising, promotion, and distribution of content in international markets;
- pursue a diplomatic solution to an IP rights dispute in the Middle East, leveraging extensive relationships at the State Department; and
- advocate on federal issues with Members of the U.S. Congress.
Medicaid coverage for dropped products
Assisted several pharmaceutical manufacturers in reinstating Medicaid coverage for products dropped from the program by the Centers for Medicare & Medicaid Services (CMS).
Medical device company legislative support
We assisted a medical device company in its efforts to secure Medicare pass-through coverage of its innovative diagnostic device.
Medicare Part D coverage for pharma product
We assisted a pharmaceutical company in obtaining Medicare Part D coverage for its previously excluded product, using an integrated regulatory and legislative strategy.
Medical student placement litigation
We represented an alliance of medical colleges to affirm the validity of the medical student placement program that had been under attack in litigation and, after a successful legislative initiative, won dismissal of the lawsuit.
Merck Merger with Schering-Plough
Representation of Merck in its $41 billion merger with Schering-Plough.
Merck, Verizon, Spirits International, National Geographic, PBS, and Others before the United States Trademark Trial and Appeal Board
Representation of numerous clients, including Merck, Verizon, Spirits International, National Geographic Society, Public Broadcasting Services, M Financial, Promontory Financial Group, U.S. Soccer Federation, Lewis Brothers Bakeries and Rosie O’Donnell in opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board.
Mexico-Based Multi-System Cable Operator in Joint Venture
Representation of a Mexico-based multi-system cable operator in a joint venture with a Mexico-based local and long-distance telecom company.
Microsoft Transactions
Representation of Microsoft Corp. in its $8.5 billion acquisition of Skype Communications S.à.r.l., the largest acquisition in the company’s history, in connection with its $4.5 billion acquisition of certain Nortel patents, in its $7.2 billion acquisition of the handset division of Nokia, and its $2.5 billion acquisition of Mojang, the developer of Minecraft.
Microsoft Expatriate Issues
Advised Microsoft in relation to expatriate issues arising from post-acquisition integration with Nokia’s global mobile phone business.
Microsoft on Internet Protocol Television Issues
Advised Microsoft on Internet Protocol Television issues, including testimony before Congress, appearances at the FCC, and industry negotiations, and advised on industry negotiations to encourage movie studios and the cable industry to use their digital rights management technology for distributing movie and other content over the Internet.
Microsoft public policy and government affairs
Microsoft wanted assistance with legal, public policy, and strategic issues. We support Microsoft on a wide array of policy and legislative issues, including privacy, national security, immigration, tax, and telecommunications, and assist them in gathering political intelligence and advocating before Congress and federal agencies.
Microsoft Nokia employee integration
Assisted Microsoft with the integration of approximately 32,000 Nokia employees across 60 countries, following Microsoft’s acquisition of Nokia’s devices and services business.
Middle East Trade Sanction Programs Impact Advice
A multinational oil and gas company in advising on the impact of Middle East trade sanctions programs on technology licensing arrangements and the broader operation of affiliates and joint ventures incorporated outside the United States.
Microsoft, Verizon, AAA, and Others in UDRP Domain Name Proceedings
Representation of numerous clients, including Microsoft, Verizon, New Skies Satellites, LIN Television, American Automobile Association and Ourisman Dodge in UDRP domain name proceedings.
Million Dollar Recovery in Insurance Claim
An oil refinery in a significant business interruption insurance claim that resulted in a multi-hundred million dollar recovery for the insured.
Mitigating the impact of the Ebola crisis on operations in Africa
We advised an asset management firm on mitigating the impact of the Ebola crisis on its operations in Liberia.
Motorola Mobility v. AU Optronics Corp., et al.
Covington successfully represented Samsung in a massive set of antitrust price-fixing cases. The U.S. Court of Appeals for the Seventh Circuit held that virtually all of the claimed damages were barred by the Foreign Trade Antitrust Improvements Act.
Mubadala Development Company investments
Represent Mubadala Development Company and its portfolio companies, such as the semiconductor company GLOBALFOUNDRIES, on CFIUS and related advice in connection with potential acquisitions in the United States, including the company’s investment in Advanced Micro Devices.
Multi jurisdictional export controls advice
Advising a major multinational aerospace company regarding the application of European export controls to its operations at multiple sites across 10 countries.
Multi-million dollar trial win
Won a multi-million dollar trial verdict for a government contractor arising from the en masse departure of 25 employees from the contractor to a competitor. The verdict was affirmed on appeal.
NASCAR in Production and Distribution of Daytona 500 Content
NASCAR in connection with the production and distribution of content related to the Daytona 500 on iTunes.
National Geographic Society in Two Trademark Matters
Representation of National Geographic Society in the United States District Court for the District of Massachusetts against claims of infringement of an alleged family of ZONE marks asserted by the author of a series of ZONE books on health and nutrition; and in an opposition proceeding before the U.S. Trademark Trial and Appeal Board, claiming that applicant's EXPLORE CHANNEL mark is likely to cause confusion with National Geographic's EXPLORER marks.
Navigating regulatory challenges for international investments
We advised a young exploration and production company on mitigating above-ground risk, preserving $4 billion in value in a Western African company, and navigating legal and policy issues surrounding hydrocarbon exploration and development in a non-self-governing territory.
Natural Gas Sale Profiteering Investigations
A large electrical generation company in an investigation by FERC and state authorities into profiteering in the sale of natural gas in New England during January 2004.
NBA Properties and NBA Member Teams in Trademark Litigation Concerning the DREAM TEAM Mark
Representation of NBA Properties and the NBA member teams in trademark litigation concerning the DREAM TEAM mark in the United States District Court for the Eastern District of Missouri, and also in anti-counterfeiting litigation concerning other NBA marks brought in the United States District Court for the District of Columbia against purveyors of counterfeit NBA merchandise in connection with an NBA All-Star game.
Negotiate Consent Decree for Alleged eWaste Violations
Negotiated a very favorable settlement of alleged eWaste recycling violations for client by raising constitutional defects in statute.
Negotiate Settlement of Enforcement Matters
Advise two construction companies regarding successful settlement of OSHA citations in employee death cases.
NEPA Statutory Exemptions
Advise client on various categories and types of statutory exemptions from NEPA.
New Animal Health Business Development
Assist client in designing, planning, and establishing a significant new animal health business.
New Source Review Permit Application and Successful Defense
Assist petroleum refiner with applying for and obtaining a New Source Review permit for a refinery expansion; successfully defend the permit in an administrative appeal.
Newsgathering Issues Tied to Undercover Documentary Filmed in Europe and Africa
Advised on news gathering issues in relation to an undercover documentary being filmed in Europe and Africa.
NFL in $17 Billion, 8-Year U.S. Programming Agreements
Representation of the National Football League in its $17 billion, 8-year U.S. network television programming agreements and in its agreements with AOL, SportsLine.com and others for the joint production of the official NFL websites.
NFL in $18 Billion Eight-Year Programming Agreements
The National Football League in negotiating its $18 billion eight-year programming agreements with ABC, CBS and Fox Television, its interactive media rights/online cross-promotion and marketing agreement with AOL, CBS and Sportsline.com, and its international content distribution deal with Yahoo!
NFL in Antitrust Challenge to NFL “Sunday Ticket” Broadcast Arrangements
Defending NFL in multi-district class action antitrust challenges to its broadcast distribution arrangements for out-of-market games (In re Sunday Ticket Antitrust Litigation).
NFL in Antitrust Challenge to Trademark Licensing Arrangements
Defending NFL in class action and direct antitrust challenges to its trademark licensing arrangements (American Needle v. NFL and Dang v. NFL).
NFL in copyright infringement action
Represented the National Football League in a copyright infringement action against a satellite carrier, successfully obtaining statutory damages and a permanent injunction prohibiting satellite retransmission of game telecasts originating in the United States to locations outside the United States.
NFL in Copyright Registration and Combatting Unauthorized Retransmission
Assist the National Football League in registering copyright and combatting the unauthorized retransmission and public performance of NFL game telecasts over the internet.
NFL in Dismissal of Antitrust Complaint
Won dismissal of a class action antitrust complaint alleging conspiracy to restrain market for “likenesses” of former NFL football players (Washington v. National Football League).
NFL in Multiple Federal Court Cases
Representation of the National Football League in multiple federal court cases to enjoin the unauthorized retransmission and public performance of NFL game telecasts across U.S. borders via satellite and the Internet and within U.S. borders where games are locally blacked-out, or otherwise unauthorized.
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.
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.
NHL on $5 Billion Canadian Broadcast Rights Deal
Advised the National Hockey League in negotiating its twelve-year, C$5.2 billion agreement with Rogers Communications for national broadcast and multimedia rights to NHL games, including the Stanley Cup Playoffs and the Stanley Cup Final, in Canada.
Nigerian IP policy
We advised a large trade association with respect to the Nigerian position on an IP issue before the World Intellectual Property Organization.
Nine-Figure Resolution for Widespread Cleanup
An energy company in obtaining a global nine-figure resolution from its historic CGL insurers for widespread environmental cleanup liabilities at refineries and other operational sites.
Non-public FERC Enforcement Investigation
Represent an investment bank in a non-public FERC Enforcement investigation of alleged manipulation of electricity markets with respect to the bidding of electric generation into certain RTO markets.
No Action Taken By DOJ Against Telecommunications Client
Representation of one of the largest providers of telecommunications services in Asia in a DOJ investigation of alleged collusion with respect to termination rates charged to US carriers. The government ultimately closed the investigation and took no action against our client.
NPDES Permit Treatment Limits
Advise client regarding NPDES permit treatment limits and the process for setting such limits where multiple pollutants and treatment technologies are at issue.
NRCC internal embezzlement investigation
Conducted an internal investigation for the National Republican Congressional Committee (NRCC) concerning a massive embezzlement scheme by its treasurer. We also represented the NRCC successfully in subsequent FEC and DOJ investigations.
Numerous Clients in Managing U.S. and Global Trademark Portfolios
Advise on cutting edge trademark strategies, domain name, social media, and keyword advertising issues, manage U.S. and global portfolios, and provided trademark advisory and prosecution services to leading US and global brand owners, including: American Automobile Association (AAA); AOL, Inc.; Astelllas US; Business Software Alliance; Dale & Thomas Popcorn; Expedia, Inc.; FeraDyne Outdoors; German American Chambers of Commerce; Lewis Bakeries, Inc.; Merck & Co. Inc.; Microsoft Corporation; National Basketball Association; National Football League; National Geographic Society; National Hockey League; Public Broadcasting Service; Phi Beta Kappa Society; Promontory Financial Group; and U.S. Soccer Federation.
Off-label promotion and reporting investigations
Representation of GlaxoSmithKline in global settlement of three investigations relating to off-label promotion, safety reporting and price reporting.
Obtained U.S. Government National Security Approval for Semiconductor Clients
Representation of clients in the semiconductor industry in securing U.S. government national security approvals for investments and acquisitions, including e2v Technologies’ acquisition of QP Semiconductor.
Off-shore Wind Farm Permitting Process Advice
Provide advice to NRG Bluewater Wind concerning permitting process by federal agencies for off-shore wind farm off the coast of Delaware.
Online Lenders Alliance in CFPB Rulemaking
Representation of leading industry trade association of online lenders in responding to CFPB small dollar rulemaking.
Open Mobile Video Coalition to Facilitation and Promotion of Opportunities for 800 Television Stations
Representation of Open Mobile Video Coalition, consisting of some 800 television stations, which seeks to facilitate and promote mobile and portable video opportunities for broadcasters, equipment manufacturers and content suppliers.
OptiSolar Sale to First Solar
OptiSolar Inc. in the sale its project development business to First Solar, Inc. in an all-stock transaction valued at approximately $400 million.
Organic Photovoltaics Patent Infringement Litigation
Plextronics in patent infringement litigation with Konarka relating to organic photovoltaics.
Outbound Investment
Advising Lenovo in securing approval from the Committee on Foreign Investment in the United States on its U.S. $2.3 billion acquisition of IBM's server business.
Outside Counsel to Independent Producer of Chinese Reality Television Shows
Chief outside counsel to a leading independent producer of Chinese reality television shows, including "Pepsi’s Battle of the Bands" and the "Miss Universe China Reignwood Pageant."
Owens Corning asbestos-related insurance recoveries
Represented Owens Corning in eight Wellington Agreement arbitral or ADR proceedings, two federal court cases, and one state court lawsuit against numerous insurers seeking coverage for asbestos non-products claims.
PAC audit for multinational aerospace company
We conducted a PAC compliance audit and staff training for a global aerospace and defense company.
PAC compliance and training programs
For several large corporations, we developed and conducted federal PAC compliance and training programs, and have provided government ethics training to senior executives and company lobbyists.
Pay to play analyses
Conducted a detailed analysis of pay-to-play issues for a major pharmaceutical company and have obtained favorable advisory opinions from state regulators for a variety of our corporate clients.
PBS in False Advertising Claims Matters
Representation of Public Broadcasting Service (PBS) in a trial of false advertising claims brought by PBS challenging a video marketer’s use of the phrase “public television presents” in the Eastern District of Virginia.
PBS in Negotiations and Administrative Proceedings
Advise Public Broadcasting Service in negotiations and administrative proceedings relating to the distribution of statutory copyright royalties by the United States Copyright Office.
PBS in Proceedings Before FCC, U.S. Copyright Office, and Other Policy Settings
Representation of the Public Broadcasting Service (PBS) in proceedings before the FCC, U.S. Copyright Office and other policy settings, including with respect to the role and distribution of educational and other noncommercial media across the broadcast, online, mobile and other IP-based platforms.
PBS in Two Trademark-Related Matters
Representation of Public Broadcasting Services (PBS) in trademark litigation to recover the PBS.COM domain name in the United States District Court for the Eastern District of Virginia; and in an opposition proceeding before the U.S. Trademark Trial and Appeal Board, claiming that applicant's mark BE MORE RESPONSIBLE is likely to cause confusion with PBS's BE MORE mark.
PCI DSS Standards
Advised online retailers regarding compliance with the Payment Card Industry standards for the storage, processing, and transmission of credit cardholder data.
Pearl Mobile DTV in Project to Provide Mobile Digital Television Services in U.S.
Pearl Mobile DTV in establishing a nine-company venture to provide Mobile Digital Television services in the United States. Covington attorneys led the negotiations leading to the creation of the Pearl Mobile DTV venture, the negotiation of content license agreements, and public policy efforts before Congress and at the White House and the FCC.
Policy advice to COMPETE coalition
Advising COMPETE, a broad coalition whose members include Exelon, Sempra, TXU, Goldman Sachs, Wal-Mart, and National Grid on energy legislative, policy, and regulatory matters.
PCPC Outside Counsel
Serve as principal outside counsel to the Personal Care Products Council, attending Council meetings, preparing draft legislation and Congressional testimony, assisting in regulatory litigation, advising on all aspects of FDA regulation, and providing advice on a wide variety of trade association matters.
Policy advice to renewable energy coalition
We advised coalition of renewable energy project developers, venture capital firms, and investment banks on low-cost financing of clean energy. Drafted testimony, legislation, white papers and helped build coalition on and off the Hill to advance the issue.
Policy advice to the Executive Affairs Authority of Abu Dhabi
We provided policy advice to the Executive Affairs Authority of Abu Dhabi on how the Embassy in Washington, DC could be most effective in representing the UAE’s interests. In a follow-on project, we advised on factors to consider in establishing a business-oriented consulate on the West Coast of the United States.
Policy and Security Issues for Nuclear Energy Institute
Nuclear Energy Institute in connection with policy-related and security-related issues.
Political Advertising Issues for Multiple Clients
Advised on the full-range of political advertising issues, with clients ranging from candidates to political parties, to broadcast stations.
Polymer Regulation Under TSCA
Advise manufacturer regarding regulations of polymers under TSCA.
Potential Tort Liability and Mitigation Options for International Organization
Advise international organization regarding potential tort liability and mitigation options relating to preparation of a manual with information about labeling requirements.
Position Paper Concerning Potential Amendments
Assist the client in preparation of a position paper concerning potential amendments to anti-circumvention provisions of Section 1201 of the Digital Millennium Copyright Act and in preparation of comments to the Copyright Office on proposed exemptions to Section 1201.
Preparation of key industry comment letters
Advising the Securities Industry and Financial Markets Association, The Clearing House Association, American Bankers Association, and Global Financial Markets Association with respect to comment letters submitted in response to proposals from the Federal Reserve Board, Financial Stability Board, and other agencies affecting large systemically important financial institutions.
Prescription drug user privacy litigation
Advised a large pharmaceutical company in connection with litigation involving the alleged infringement of patient privacy by a pharmacy chain that collects personal information about prescription drug users.
“Price Trigger” Conditions Congressional Hearing Representation
An oil and gas company and its executive in connection with congressional hearing to examine absence of “price trigger” conditions on royalty relief for deepwater OCS leases.
Privacy audit
Advised numerous clients regarding the privacy implications of conducting an informal internal audit of certain foreign business practices at the request of the U.S. Securities and Exchange Commission.
Media Privacy Class Actions
Represented numerous media companies in class actions alleging improper collection and/or disclosure of user information.
Privacy issues related to patent data migration
Assisted another large pharmaceutical company in dealing with privacy issues resulting from the migration of patient data from a clinical study to a web based platform.
Partnerships and Licensing Relationships for Cellulosic Ethanol in Brazil
Assist Raízen Energía S/A with various strategic partnerships and licensing relationships connected with the development of technologies and construction of facilities for the production of cellulosic ethanol in Brazil.
Privacy “health checks”
Conducted privacy “health checks” for clients to assess their compliance with privacy and data security laws, particularly those in the 28 Member States of the European Community; where appropriate, we have designed remediation programs that include, for example, filing notifications to local privacy regulators, fulfilling obligations to furnish notice, and ensuring compliance with local data security regulations.
Privacy issues relating to clinical trials
Assisted several large pharmaceutical companies with a variety of privacy issues relating to clinical trials, further use of data and pharmacovigilance reporting.
Privacy, Libel, and Related Liability Issues
Advised on privacy, libel and related liability issues relating to user-generated content.
Private Equity Firms and Other Financial Investors in Broadcast Interests
Representation of private equity firms and other financial investors in connection with their broadcast media interests.
Procter & Gamble Advisory Opinion
The FEC found the members of the Board of Directors could contribute to the company’s PAC via deductions from quarterly payments.
Procter & Gamble Consumer Product Class Actions
Represented The Procter & Gamble Corporation in California, New York, Florida, and Minnesota class actions challenging the labelling of a wipes product as flushable.
Production Counsel for Keanu Reeves’s Directorial Debut, "Man of Tai Chi"
Production counsel for Keanu Reeves’s directorial debut, "Man of Tai Chi," a co-production involving Village Roadshow Entertainment Group Asia and China Film Group, which was picked up for release by Universal.
Production Counsel for “The Karate Kid,” “Let the Bullets Fly,” and “The Orphan of Zhao”
Production counsel for “The Karate Kid” (Columbia Pictures, starring Jaden Smith and Jackie Chan), box office hit “Let the Bullets Fly” (actor-director Jiang Wen), and leading Chinese filmmaker Chen Kaige’s “The Orphan of Zhao.”
Proposition 65 Labeling and Chemical Safe Harbor Levels
Represent Compañía Cervecera de Puerto Rico, Inc. (CCPR), in a lawsuit alleging that CCPR’s Malta India product contains the chemical 4-MEI in quantities above the safe harbor level, and that CCPR has failed to label Malta India products sold in California with the warning required by California’s Proposition 65.
Prysmian S.p.A. in Its Tender Offer for Draka Holding N.V.
Representation of Prysmian S.p.A., a global manufacturer of power transmission and telecommunications cable, in its $1.2 billion tender offer for cable and optical fiber manufacturer Draka Holding N.V.
Promotional Materials SOPs and Guidelines
Assist medical device manufacturer with drafting of standard operating procedures (SOPs) and guidelines for the creation, review, and use of promotional materials.
Public Affairs compliance review for financial institution
On behalf of a major financial institution, conducted a public affairs department compliance review and provided recommendations on structural changes to improve compliance practices, as well as process changes to avoid compliance risks.
Public policy support for companies bidding on international infrastructure projects
A major U.S.-based infrastructure company turned to us for help bidding for contracts on major infrastructure projects in Bahrain and Egypt. Through our contacts with high-ranking embassy officials, we ensured our client’s bids received fair and equal treatment and consideration in the tender process, and we helped the client secure the contracts it was pursuing.
Qualcomm in Acquisitions and Investments with Omnia
Qualcomm in acquisitions and investments including its joint venture with Omnia, a subsidiary of Saudi Oger, to create a UK-based company to deploy CDMA-based technology; its acquisition of UK-based Elata (Holdings) Limited, which provides content delivery and device management software systems; and its acquisition of Trigenix Limited, a European mobile content delivery software producer.
Public policy support for companies facing criminal investigations
A company facing a criminal investigation in Latin America turned to us for legal and policy advice.
Race and national origin discrimination jury trial win
Won a jury trial for a major credit card firm, defending claims based on race and national origin discrimination; and he obtained an award of $265,000 in attorneys' fees against the law firm of plaintiff's counsel.
RCRA Status and De-Listing Hazardous Waste
Advise fertilizer manufacturer on the RCRA status of various waste streams and the process for de-listing hazardous waste under RCRA.
REACH Advice for Chemical Producers
We advised chemical producers and downstream users on emerging rules with respect to the registration, testing, and classification of chemicals (REACH).
REACH Regulation of Nanotechnology Companies
Assistance to companies on nanotechnology regulation under the EU chemicals regime (REACH).
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.
Regulation of Antique Ivory under the Endangered Species Act
Advise clients and submit comments regarding proposed rule changes regarding the African Elephant Conservation Act, Director’s Order 210, and related questions under the Endangered Species Act relating to regulation of antique ivory.
Regulatory and Legislative Guidance in Start-Up Formation
Guidance in the formation of nanotechnology start-up company regarding regulatory and policy issues for its core technology and downstream applications.
Regulatory Aspects of Biofuels in Latin America
Represent Deutsche Asset Management on regulatory aspects of a biofuels project in Latin America.
Regulatory requirements for domestic and international derivatives activities
Advise multiple derivatives market participants, including energy company end-users, regarding the regulatory requirements for domestic and international derivatives activities, specifically the analysis of whether financial products are “swaps” under Dodd-Frank, the analysis of whether a market participant satisfies the CFTC’s swap dealer registration requirements and the application of the CFTC’s guidance on the cross-border application of Dodd-Frank on the market participant’s derivatives activities.
Reinstating Medicaid coverage
We assisted several pharmaceutical manufacturers in reinstating Medicaid coverage for products dropped from the program by the Centers for Medicare & Medicaid Services (CMS).
Reliance Infocomm Limited in $750 Million Financing
Represented Reliance Infocomm Limited in connection with its $750 million financing from the Export-Import Bank of the United States and Export Development Canada. The financing was provided to assist Reliance Infocomm in building a state of the art telecommunications infrastructure for India -- the largest and most complex information and communications technology initiative in the world. The definitive documents for the facility were entered into in December 2004 and the facility was drawn on in March 2005. The facility was the largest telecom installations loan for any company world-wide in 2004.
Renewable Energies Directive Regulatory and Legislative Advice
Provide regulatory and legislative advice regarding biofuel plants to an investment fund in connection with the European Union’s review of its Renewable Energies Directive and the adoption of sustainability criteria for biofuels.
Report on Policy Options for Creation of Independent Regulatory Authorities in the EU
Researched and crafted a comprehensive report on the policy options for creation of independent regulatory authorities in the EU.
Represent Microsoft in anticompetitive patent complaint against Motorola Mobility
Representation of Microsoft in connection with its complaint regarding the anticompetitive patent licensing practices of Motorola Mobility.
Altice’s $18 Billion Cablevision Acquisition
Representation of Altice N.V. in its $18 billion acquisition of Cablevision Systems Corporation, which will make Altice the 4th largest U.S. cable operator with approximately 4.5 million customers.
Representation of an international beverage company in LCIA and UNCITRAL arbitrations
Representation of a leading Caribbean-based international beverage company in an LCIA arbitration against the former controlling shareholders of a major European-based company that was acquired by our client and in successfully handling a London-sited UNCITRAL arbitration administered by the LCIA.
Representation of Coalition of Oil and Gas Companies in Efforts to Pursue California Offshore Oil and Gas Leases
A coalition of eleven oil and gas companies whose efforts to pursue development of their California offshore oil and gas leases were thwarted by the federal government, recovering more than $1.0 billion, including judgment after trial on complex geological and reservoir engineering issues.
Regulatory Advice on Applicable Pan-European WEEE and RoHS Requirements
Representation of a major manufacturer of semiconductor equipment in providing regulatory advice on applicable pan-European WEEE and RoHS requirements.
Representation of Sony Music Entertainment in IP related claims
Represent Sony Music Entertainment in matter involving contract and intellectual property claims by former music manager regarding 70’s rock act.
Represented a company in DOJ investigation of employee recruiting
Represented company in DOJ investigation of employee recruiting practices.
Represented a major U.S. transportation company in DOJ investigation
Represented a major U.S. transportation company in a DOJ investigation with no action taken against our client.
Represented a tech firm in FTC investigation of a standard setting organization
Represented technology firm in connection with a FTC investigation of a standard setting organization.
Represented electronics manufacturer in EU DRAM investigation
Represented a global electronics manufacturer in the European investigation into alleged collusion in DRAM.
Represented electronics manufacturer in EU TFT-LCD investigations
Represented a global electronics manufacturer concerning all aspects of the European investigation into alleged collusion in TFT-LCD (1&2).
Represented major financial services company in FTC investigation
Represented a major financial services company in an investigation by the FTC of alleged exclusionary conduct with no action being taken against our client.
NFL on DirecTV Deal
Representation of the National Football League in connection with its deal to extend DirecTV's exclusive rights to carry NFL Sunday Ticket in a multi-year agreement.
Resolution of copyright infringement matter for international video game publisher
Represented international video game publisher in copyright infringement claims by major record labels and publishing companies regarding licensing of sound recordings and compositions. Successfully resolved all claims without litigation.
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.
Responding to a Congressional Inquiry
We represented a regional bank in responding to a congressional inquiry relating to a data breach.
Restrictions and Requirements on Borates in Eye Care Products
Provided regulatory and strategic advice to Johnson & Johnson on possible EU REACH restrictions and prior authorization requirements on the use of borates in eye care products.
Retail Competition and Customer Choice Related Proceedings before Public Utility Commission of Ohio
COMPETE in intervening and participating in major proceedings brought by Duke Ohio and AEP before the Public Utility Commission of Ohio regarding retail competition and customer choice.
Review of the right to monitor Internet and electronic communications
Conducted a pan-European and selective US survey of laws and regulations affecting an employer’s right to monitor employee’s Internet use and review electronic communications. We have also advised numerous clients on the law governing call recording and access to (and disclosure of) employee e-mail, including in connection with several personal crises and actions.
Reviewed on Behalf of U.S. Interests Defamation and Free Expression Laws Proposed for Iraq
Reviewed on behalf of U.S. interests defamation and free expression laws proposed for Iraq by a coalition of international experts.
Revisions to Regulations under Clean Water Act
Representation of Chemical Manufacturers Association, now the American Chemistry Council, in connection with EPA revisions to the NPDES and pretreatment regulations under the Clean Water Act. The litigation and negotiations with EPA resulted in substantial changes in these regulations.
Right to be forgotten
Advising numerous companies on data subjects’ right of access and right to be forgotten.
Rooster Teeth Productions, Inc. in License Agreement
Rooster Teeth Productions, Inc., a company that produces animated shorts, in connection with a license agreement.
Rocket Engineer Manufacturer “Treatment”
Advise rocket engine manufacturer on the scope of what constitutes “treatment” regulated by EPA under RCRA.
Salix Pharmaceuticals in $2.6 Billion of Santarus, Inc.
Representation of Salix Pharmaceuticals, Ltd. in its acquisition of Santarus, Inc. for a total value of approximately $2.6 billion. The transaction closed on January 2, 2014. According to Carolyn Logan, Salix President and Chief Executive Officer, “The acquisition of Santarus is a transformational event for Salix and an important milestone in our growth as the leading gastroenterology-focused specialty pharmaceutical company in the United States.”
Samsung Liquid Crystal Display Antitrust Class Actions
Represented Samsung in consolidated antitrust price-fixing and deceptive practice class actions involving liquid crystal displays.
San Onofre Nuclear Generating Station Steam Generators Issues
Southern California Edison in connection with issues associated with the steam generators at San Onofre Nuclear Generating Station.
San Francisco 49ers in Antitrust Challenge to Ticket Policies
Defending 49ers in class action antitrust challenge to its policies governing the printing of pdf copies of game tickets (Kazemzadeh v. San Francisco 49ers).
SandRidge Energy Acquisition of Arena Resources
SandRidge Energy, Inc., a crude oil and natural gas exploration and production company, in its $1.6 billion acquisition of Arena Resources, Inc.
SandRidge Energy Acquisition of Dynamic Offshore Resources
SandRidge Energy, Inc., an oil and natural gas exploration and production company in its $1.2 billion acquisition of Dynamic Offshore Resources, LLC.
SandRidge Energy Initial Public Offering
SandRidge Energy, Inc. in its initial public offerings of three royalty trusts sponsored by SandRidge, with aggregate proceeds of $1.5 billion.
SandRidge Energy Sale to Sheridan Production Partners
SandRidge Energy, Inc., an oil and natural gas exploration and production company, in its $2.6 billion sale of Permian Basin properties in West Texas to Sheridan Production Partners.
SandRidge Energy Secured Revolving Credit Facility
SandRidge Energy, Inc., a natural gas and crude oil exploration and production company, in a $1.1 billion secured revolving credit facility.
Review of futures and swaps trading activity
Conduct real-time reviews of futures and swaps trading activity to verify compliance with internal hedging policies and CFTC regulations; prepare related response to the CFTC’s Division of Market Oversight special call request.
Satellite Provider in Establishing European Services Satellite Trade Association
Assisted a satellite provider in establishing a European services satellite trade association. Subsequent representation of the association enabled us to combine our knowledge of law relating to EU trade associations with our experience in EU legislative advocacy in the telecom industry.
Satellite Provider in Seeking Broader Access to Markets in China, Mexico and Elsewhere
Representation of a satellite provider in seeking broader access to markets in China, Mexico and elsewhere, which allowed us to combine our trade and communications expertise.
Trial Win in Russian Media Corporate Control Dispute
After five-month bench trial, won verdict of nearly $30 million on behalf of New Media Holdings in multinational corporate control dispute over ownership of Ukrainian television network.
Season 15 of CBS/Mark Burnett’s “Survivor”
China counsel for Season 15 of CBS/Mark Burnett’s “Survivor” (which was shot entirely in China).
SEC Disclosure Issues and Inquiries from SEC's Office of Global Security Risk
Publicly traded oil and gas companies on SEC disclosure issues associated with dealings in U.S.-sanctioned markets and in responding to inquiries from SEC’s Office of Global Security Risk.
SEC Investigation Regarding Middle East Activities
A major oil company in a SEC investigation into activities in a Middle Eastern nation.
Securing Labor Peace for the NFL
Defended the 2011 lockout against the antitrust claims in Brady v. NFL; negotiated a comprehensive 10-year CBA providing labor peace.
Securing U.S. government support for clients in bilateral negotiations
Several companies and individuals facing complex legal issues in jurisdictions abroad sought our help securing the U.S. government’s involvement in support of our clients’ positions. The bilateral, government-to-government engagement by senior U.S. officials with their counterparts in foreign governments has significantly strengthened our clients’ ability to influence outcomes in the foreign legal processes. Our activities have included efforts to ensure fair and unbiased regulatory decisions and initiatives to address unwarranted judicial or prosecutorial actions.
Smart Grid and Demand Response Issues for Multiple Clients
Multiple clients on smart grid and demand response issues, including legislation and federal regulatory policies.
Smart Grid Company Acquisition
Smart grid technology company in connection with its acquisition by a Fortune 200 company.
Smelter Site Claimed Legacy Liability and State Agency Negotiations
Advise client regarding claimed legacy liability for multiple century-old smelter sites in the state of Kansas, and negotiate with state agency regarding same.
Smelter Site EPA 104(e) Request Response
Respond to EPA 104(e) request in connection with a century-old smelter site in Nevada, and successfully convinced EPA that another entity was responsible for the site.
Smith Electric Vehicles Financing
Smith Electric Vehicles Corp. in its $35 million Series C preferred stock financing; in its $40 million Series D preferred stock financing; and in a private placement of convertible senior notes.
Solar Integrated Technologies Acquisition by Energy Conversion Devices
Energy Conversion Devices, Inc. in its acquisition of Solar Integrated Technologies, Inc., an AIM-listed leading provider of building integrated photovoltaic roofing systems.
Solar Development Financing Activities for Green Lake Capital
Green Lake Capital in its solar development financing activities, including a pooled power purchase transaction covering six megawatts DC of distributed solar facilities located at municipal sites throughout California.
Sony Network Services' Negotiation of Agreement with Alltel
Sony Network Services in the negotiation of an agreement with Alltel, the U.S. mobile network operator, to provide the "StreamMan" personalized music service to Alltel's cellphone customers.
Special reports related to the European Securities and Markets Authority consultation process
Prepare special reports for FIA and FIA Europe related to the European Securities and Markets Authority consultation process for the implementation of Markets in Financial Instruments Directive and Markets in Financial Instruments Regulation.
Sports Leagues on Broadband Issues
Regularly advise the NFL on a range of broadband issues, from net neutrality to online privacy to compulsory copyright, and briefed the NBA on how the media landscape is changing, and how broadband is both a compliment and a threat to existing models.
State and local Super PAC
Provide election law and tax-exempt organizations law advice to a Super PAC operating at the state and local level in Illinois.
State Campaign Finance Advice to Major Corporation
Advising a large oil and gas company on state campaign finance laws.
State health information privacy laws
Advising a multinational pharmaceutical company on state privacy issues relating to a vaccine outreach program.
State lobbying registration laws
Advise several major hedge funds on campaign finance and lobbying compliance issues, including state lobbying registration laws.
State of Louisiana
We assisted the State of Louisiana in securing amendment in the Patient Protection and Affordable Care Act to modify federal matching funds to reflect impact of Katrina on the State’s per capita income.
State-Owned Chinese Media Group
Advised a state-owned Chinese media group with respect to an international co-production project to be produced by a leading Hollywood producer.
State Super PAC
Advise major state Super PACs in New York, New Jersey, and Pennsylvania on campaign finance and tax-exempt organization law issues.
Strategic advice for defense prime contractor regarding ground combat vehicles
We provide strategic advice and advocacy support before the Congress to a prime U.S. subsidiary of a non-U.S. defense contractor on matters involving ground combat vehicles.
Strategic Advice on the Adoption of EU Energy Efficiency Requirements
Regulatory and strategic advice to a large manufacturer of electronic equipment on EU procedures for adoption of energy efficiency requirements on sound and imaging equipment under the ErP Directive.
Strategic advice in a land-holdings dispute
We advised and represented an agro-industrial client dealing with possible expropriation in Colombia of significant portions of its land-holdings.
Strategic advice to a defense contractor competing for a US Air Force contract
We advised a non-U.S. defense company on its legislative and executive branch strategy in its bid competition for a major U.S. Air Force weapons acquisition program.
Strategic advice to companies facing international regulatory challenges
A global chemical company is facing a World Health Organization (WHO) classification of one of its key products as “probably carcinogenic.” Recognizing that this finding is based on limited evidence and is in conflict with the conclusions of many national regulatory bodies that have analyzed this product and found it to be safe, the company asked us to help them develop a strategy to seek a public clarification from the U.N. organization.
Strategic advice to companies facing foreign investment challenges
A global U.S. manufacturing company asked us to develop a range of strategies to protect its investment in Venezuela.
Strategic advice to multinational corporations facing global market challenges
A global food and beverage company faces a variety of challenging legal and policy issues around the world, including international trade, market access, NGO activism, and multiple proposed restrictions to its ability to operate in the marketplace. We provide both domestic and global strategic counsel and advice and assist them in advancing their legislative and policy objectives.
Strategic intelligence gathering and outreach in Eastern Europe
A major energy drinks producer faced a major threat to its market access in an Eastern European country as a result of a legislative proposal. Using local resources, we collected intelligence on both the content of the proposal and its status, as well as on the relevant stakeholders.
Specialty Pharma cross-border licensing agreement
Salix Pharmaceuticals in its licensing agreement with Alfa Wasserman S.p.A., by which Salix has licensed rights in the United States and Canada to an extended intestinal release (EIR) formulation of rifaximin.
Strategies and Comments on EPAs Proposed Emissions Regulation
Advise client on development strategies and comments related to the U.S. Environmental Protection Agency’s proposed rulemaking to regulate power plant greenhouse gas emissions.
Strategy for Members of Industry Federation to Challenge Advertising Ban Imposed by EU Directive
Developed a litigation strategy for several members of an industry federation to challenge an advertising ban imposed by an EU directive for violations of the free speech provisions of Article 10 of the European Human Rights Convention.
Structuring and Guidance on Multi-Faceted Sponsorship Arrangements
Helped structure and advise on multi-faceted sponsorship arrangements between pharmaceutical manufacturers and sports leagues.
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.
Success in federal copyright infringement lawsuit
Successfully defended 20th Century Fox Film Corporation and Chernin Entertainment in a federal copyright infringement lawsuit filed in the Central District of California. After extensive litigation, the case settled, with a complete walkaway and limit on future suits.
Successful Representation in Exploratory Well Plugging Litigation
An E&P company in litigation challenging an order requiring it to spend many millions of dollars to permanently plug an exploratory well on an offshore lease, winning an appellate decision vacating the order.
Successful representation of Public Television Stations in FCC matter
Represented the Association of Public Television Stations before the D.C. Circuit, in successfully defending an FCC order providing that public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements.
Successful Resolution for Online Company in Major Data Breach
Representation of a major online company in responding to a security incident affecting the credit card information of more than 200,000 customers, including regulatory inquiries. The matter was resolved without any regulatory enforcement action.
Successful Transfer of Operating Licenses Before NRC
KKR and TPG before the NRC in connection with the successful transfer of TXU Power's Comanche Peak operating licenses.
Superfund Site Advice for Aerospace Company
Represented an aerospace company at 5,000 acre Superfund site in California involving VOCs, perchlorate and NDMA, including negotiating consent decree for completion of investigations, advice on remedy issues, and negotiating with water entities over replacement water supply claims.
Superfund Site Deletion from National Priorities List
Advise client and advocate to EPA that a Superfund site should be partially deleted from the National Priorities List.
Sweepstakes and Other Commercial Promotions Relating to Advertising
Provided advice on sweepstakes and other commercial promotions.
Tax and fiduciary issues relating to VEBAs
Resolved tax and fiduciary issues in connection with the proposed consolidation of more than $1 billion in assets held in separate voluntary employees’ beneficiary associations (“VEBAs”).
Tax-efficient acquisition vehicles
Helped a leading global fund-of-funds sponsor with benefit plan investors acquire several large portfolios of European private equity interests. Working with corporate lawyers in our London and New York offices, we designed tax-efficient acquisition vehicles that complied with ERISA and avoided potential fiduciary and plan asset concerns.
Taylor v. United Technologies Corp.
Taylor v. United Technologies Corp., 2009 WL 4255159 (2d Cir. Dec. 1, 2009), aff’g 2009 WL 535779, 46 Empl. Ben. Cas. (BNA) 1935 (D. Conn. Mar. 3, 2009). The Second Circuit affirmed the summary judgment entered in favor of our client United Technologies in a 401(k) plan expense class action lawsuit. The court upheld the rejection of all of plaintiffs’ claims concerning a variety of fiduciary decisions over more than a decade, for which plaintiffs had calculated alleged damages of $230 million.
Technical Data Export
Electric Power Research Institute in connection with the export of technical data.
The regulation of new technology
We won an FEC advisory opinion finding an on-line giving platform was compliant with the law. FEC AO 2011-19. We routinely provide clients advice on the application of campaign finance rules to new technology and innovated use of technology in political campaigns.
TouchTunes Music Corporation in Digital Media Matters
TouchTunes Music Corporation, the largest digital jukebox manufacturer, in connection with general matters.
Preserving a key antitrust exemption
Represented the American Council on Education in successfully enacting legislation to renew and extend an expiring antitrust exemption permitting a selected group of colleges to collaborate on issues involving need-based aid.
Enactment of Trade Secrets Legislation
Represented the Protect Trade Secrets Coalition in successfully seeking to enact legislation to create a federal civil cause of action for trade secret misappropriation to supplement state-level remedies and testified before the House Judiciary Committee on the need for legislation. The legislation was enacted in 2016 after being passed by the Senate 87-0 and by the House 410-2.
Foreign Pharmaceutical Company Internal Compliance Review
Represented the U.S. subsidiary of a foreign pharmaceutical company with a global manufacturing and sales footprint on an internal compliance review, prior disclosure to CBP, and development of upgraded import compliance procedures.
CBP Audit and Antidumping Duty Claims For U.S. Subsidiary of Foreign Producer
Represented the U.S. subsidiary of a foreign producer in connection with a penalty matter related to a CBP audit, underlying antidumping duty claims, and related litigation.
DOJ FCA Investigation of Alleged Customs Fraud
Represented a foreign parent company and a U.S. importer in a Department of Justice False Claims Act investigation of alleged customs fraud.
Global Energy Company Customs Compliance Reorganization
Assisted a global energy company with the reorganization of its customs compliance functions.
Sale of Takata asssets to Ningbo Joyson Key Safety Systems
Represented Takata before CFIUS in the acquisition of its assets out of bankruptcy by Ningbo Joyson Key Safety Systems in a transaction valued at $1.6 billion.
The Washington Post Company's Sale of Newsweek
The Washington Post Company in connection with its sale of Newsweek.
NAFTA Certification of Origin Verification Audit
Assisted a cosmetics company to prepare for a NAFTA certification of origin verification audit.
U.S. Manufacturing FTZs Advice
Advised a biotechnology company on the costs and benefits of setting up one or more U.S. manufacturing FTZs.
Product Descriptions For Miscellaneous Tariff Bill Duty Suspensions and Section 301 Exclusion Requests
Assisted clients to prepare product descriptions for Miscellaneous Tariff Bill duty suspensions and Section 301 exclusion requests.
Transfer Price Assessment For U.S. Importers and Foreign Parents
Assisted U.S. importers and their foreign parents to assess the adequacy of transfer prices set under Advance Pricing Agreements with the Internal Revenue Service (IRS) for purposes of customs valuation.
NAFTA-Related Due Diligence
Conducted customs-related due diligence for U.S. companies acquiring or relocating production to maquiladora manufacturing facilities in Mexico.
IP Rights-Based Excludability and Importability Letter Ruling Requests
Assisted multiple companies with IP rights-based excludability and importability letter ruling requests, and related port visits to educate port officials regarding anticipated imports.
AI Data Privacy
Advising AI providers on the privacy implications of collecting and using large datasets of consumer data (including text, voice, and biometric information) to develop, train, and improve their AI solutions.
AI Algorithms and Services Cybersecurity
Advising a software company and other high-tech companies on the integrity and security of AI algorithms and services.
AI Technology Trade Controls
Advising a technology client on potential risks for violations of trade control laws and other criminal activity by AI technologies.
MGM Resorts International Range of Matters
Representation of MGM Resorts International in a range of advisory, regulatory, and legislative matters in the United States and globally.
Representation of De Persgroep
Acted for De Persgroep as a complaining third party in the Mediahuis merger. The case was unprecedented as it resulted in a 3 to 2 merger in the newspaper sector. The merger was conditionally cleared by the new Belgian competition authority.
Aristocrat Leisure Ltd. Transactions
Covington advised Aristocrat Leisure Ltd. in its $1.3 billion acquisition of Video Games Technology Inc. (VGT) and in its $990 million acquisition of Big Fish Games, Inc. Covington regularly advises Aristocrat on antitrust transactional and other matters.
NFL Licensing and Other Transactions
Advised the National Football League in numerous licensing and other transactions.
Salix Pharmaceuticals Transactions
Represented Salix Pharmaceuticals in antitrust issues related to its $2.6 billion acquisition of Santarus, Inc., another specialty pharmaceutical company focused on gastrointestinal treatments and in its $300 million acquisition of Oceana Therapeutics, LCC.
Michelin Transaction
Representing Michelin in its acquisition of IHLE Holding AG. The transaction involved six national European merger notifications, namely in France, Germany, Austria, Hungary, Romania, and the Czech Republic. This was the first time that an upstream tire manufacturer and supplier took control over a wholesale tire distributor in Europe creating substantial questions about the effects of this vertical integration.
Digital Health AI
Advising regulated pharmaceutical and device companies on the use of AI for digital health services.
Advising a Global German Logistics Provider
Advising a global German logistics provider on the provision of IT-infrastructure and IT-services to a customer of the financial sector (long term outsourcing agreement).
Sophos Group’s $120 million Acquisition of Invincea
Represented Sophos Group before CFIUS in its $120 million acquisition of Invincea.
Kion Group’s acquisition of Dematic
Represented Kion Group (including a 40% investment by Weichai Power) before CFIUS in its acquisition of Dematic.
$2.7 Billion Sale of NXP Semiconductors’ Standard Products Business
Represented NXP Semiconductors before CFIUS in the $2.7 billion sale of its Standard Products Business to Beijing Jianguang Asset Management Co and Wise Road capital.
Dismissal of Severance Claims Asserted in Africa
Representation of a government contractor client sued in Rwanda by a former employee; obtained dismissal of all claims with no payment by client.
Settlement in Federal Trade Secrets Case
In a trade secrets case relating to a $2B classified procurement, convinced the court to dismiss all but one claim asserted by the plaintiff against its former employee, our client. The plaintiff then dismissed the remaining claim with no payment by our client.
Confidential Settlement in "Switching Sides" Case
Represented several defendants against claims of breach of fiduciary duty, trade secret misappropriation, and patent infringement asserted by their former employer.
Alkermes Global Pharmaceutical Portfolio
Managing the worldwide patent portfolios of Alkermes companies relating to sustained-release pharmaceutical formulations in products such as VIVITROL®, RISPERDAL® CONSTA®, and BYDUREON®. We obtained pivotal patents in Canada, China, Europe, Japan, and the United States covering the BYDUREON product, a sustained-release formulation indicated for the treatment of Type 2 diabetes.
Koppers Global Wood Preservation Portfolio
For Koppers Performance Chemicals Inc., managing a portfolio of patents and patent applications relating to market-leading wood preservation technology as well as advising on strategies for obtaining patents throughout the world and on post-grant opposition proceedings involving its patents and applications in Europe, Australia, and New Zealand. Covington also represented the predecessor to Koppers in several inter partes reexamination proceedings, including the defense of patents drawn to methods of preserving wood using particulate copper and methods for directly producing copper carbonate.
Thomson Reuters Digital Image Processing Portfolio
Represented Thomson Reuters in the prosecution of patent applications directed to digital image processing and financial software technologies.
Orange Book Listed Patents in Reexamination Proceedings
We represented Alkermes, Inc., the top patent owner of Orange Book listed patents in reexamination, in ex parte reexamination proceedings and worldwide opposition proceedings initiated by competitors. Six of the seven patents successfully emerged from reexamination and remain listable for the VIVITROL® and RISPERDAL® CONSTA® products.
Trend Micro Inc. Reexamination Proceedings
Representation of Trend Micro Incorporated as patent owner before the U.S. Patent and Trademark Office in ex parte reexamination proceedings relating to two patents directed to anti-virus technology. Reexamination Certificates for both patents were issued, and Trend Micro and the third-party requester settled the state court litigation in which the validity of the patents was at issue.
Broad-based EU and U.S. Sanctions Counseling
Working with various EU and U.S. regulators to obtain licenses, interpretive rulings, and guidance concerning business activities restricted under the recent EU and U.S. sanctions.
Represented Pharmaceutical Industry in Duma Hearings
On behalf of the Pharmaceutical Research and Manufacturers of America, appeared before a hearing of a committee of the Duma on proposals to establish greater protection for innovative pharmaceutical products, including protection of patents and regulatory exclusivity periods.
Representing Oil and Gas Companies on Export Control Regulations
Advising companies in the oil and gas sector on U.S. and EU export control regulations as relevant to doing business in Russia.
Representation of US Client in Acquisition of Space Sector Company with Russian Presence
Advised a U.S. company on export controls, sanctions, and other issues associated with its acquisition of a U.S. company with space-related business activities in Russia.
Advising on Financial and Energy Sector on U.S. and EU Sanctions
Counseling a major U.S. company on the operations of its Russian subsidiary in the wake of U.S. and EU sanctions, including advising it on the application of financial and energy sector sanctions to a range of ongoing and future projects.
Counsel to Aerospace Client on ITAR Issues
Advised major non-U.S. aerospace company regarding ITAR brokering issues relating to their business activities in Russia.Inter Partes Reexamination of Patents in HPL Portfolio
Representation of multiple requesters in inter partes reexamination of seven patents in the Helferich Patent Licensing (HPL) portfolio. All challenged claims in all patents stood rejected, with six of the seven patents on appeal to the Patent Trial and Appeal Board. Given the success of the reexamination and Inter Partes Review proceedings handled by Covington, the last remaining requesters reached favorable settlements with HPL.
Provided Regulatory Counsel on the Acquisition of a Mobile Phone Company
In connection with the purchase of a mobile phone business, advised a large manufacturer of electronic equipment on issues relating to electromagnetic compatibility and radio frequency requirements and related certifications in Russia and Ukraine.
Representation of Investors on Russian and Eurasian Investments
Advised U.S. and European investors on protection of their economic rights in connection with politically sensitive investments in Russia and other Eurasian countries.
Counsel to Electronics Company on Ukrainian and Kazakhstani Broadcast Regulations
Advised a large manufacturer of electronic equipment on issues relating to radio frequency and electromagnetic requirements and related certification requirements in Ukraine and Kazakhstan.
Counsel to International Companies on Russian Data Privacy Regulations
Regularly advise multinational clients on Russian data privacy issues.
Representation of Chemical Industry Client on Russian Tax and Legal Structuring
Advised a global chemicals distributor concerning the tax and legal structuring of a Russian marketing office.
Representation of BP on Baku-Tbilisi-Ceyhan Pipeline Regulatory Considerations
Advised BP on its compliance with environmental, social, and economic conditions imposed by international public lenders in connection with financing of the Baku-Tbilisi-Ceyhan pipeline.
High Profile Section 337 Dispute Between U.S. Steel and the Chinese Steel Industry
Representation of Baoshan Iron & Steel Co., Ltd. in a trade secret, antitrust and false designation of origin dispute in the International Trade Commission involving processes for making Advanced High Strength Steel. In November 2016, Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by American Lawyer for an initial determination at the ITC on behalf of our client. This was the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim.
TRICARE-Related Advocacy
We achieved a significant legislative victory for a major retail corporation when Congress passed the FY 2017 National Defense Authorization Act with new authorities to expand patients’ access to retail pharmacies. Our objective was to overcome the exclusion of chain and local pharmacies from providing brand maintenance drugs under TRICARE at the same rates available for prescriptions filled at military treatment facilities or through mail-order pharmacies, which caused significant losses to chain and local pharmacy businesses and limited beneficiaries’ access to retail pharmacies. Our efforts led to the inclusion of a pilot program allowing pharmacies to provide brand maintenance drugs to TRICARE beneficiaries. The bill passed with overwhelming support in both the House (375-34) and the Senate (92-7).
Bayh-Dole Advice Across Sectors
We have advised clients in various sectors regarding the substantial manufacturing requirement under the Bayh-Dole Act, including securing waivers of the requirement and helping clients structure manufacturing obligations to maximize business efficiencies within the requirements of the Bayh-Dole Act. We also routinely advise clients regarding the Bayh-Dole Act’s requirements for perfecting title in intellectual property and avoiding potential march-in actions under the Act.
Hazardous Communication Standard Revision’s Applicability to Cleaning Products
Advise client regarding applicability of OSHA’s 2012 revision of the Hazardous Communication Standard and its applicability to cleaning products.
Transfer of UK executive to India
Structured the cross-border tax and employment aspects of the transfer of a UK executive to an Indian entity for a U.S. conglomerate.
Turner Broadcasting System, Inc. in CBS Sports and NCAA Matters
Turner Broadcasting System, Inc. in the creation of its joint venture with CBS Sports and the venture’s 14-year television and new media rights agreement with the NCAA to present the Division I Men's Basketball Championship.
Counsel to Pharmaceutical Companies on Russian Regulations
Advised major international pharmaceutical companies on clinical trial rules in Russia.
Two Major Hollywood Studios on Various Feature Films in China
Advise two of the major Hollywood studios on a number of different feature films in China. Film projects for the majors include both studio films intended for wide international release, as well as local Chinese-language productions. Work for the majors also include advice regarding cooperation agreements, development, copyright and IP infringement, and relationships with talent.
Univision Communications in Communications-Related Regulatory Matters
Representation of Univision Communications in all communications-related regulatory matters. Univision is the nation’s largest integrated Spanish-language media company and the fifth-largest broadcast network in any language, which owns nearly 150 radio and television stations, three national programming networks, internet portals and a suite of mobile communications products.
U.S. Department of Labor and Internal Revenue Service Investigations
Resolved contentious investigations by the US Department of Labor and Internal Revenue Service, in which the government took positions that exposed our clients to many millions, and in some cases over $1 billion, of potential liability. In several of these cases, we replaced counsel that was unable to reach agreement with the government, when litigation appeared to be imminent.
U.S. regulatory guidance for South Korean airline
The second largest airline in South Korea was under investigation by the U.S. government in connection with a 2014 accident in San Francisco. Our Washington office guided the company’s participation in the National Transportation Safety Board (NTSB) investigation, and successfully mitigated U.S. public relations issues.
U.S. Sanctions Application Advice
Advised major international oil and gas companies concerning the application of U.S. sanctions against Iran, Syria, and other U.S.-sanctioned countries to their businesses.
U.S./UK employment contract
Advised on employment and variable compensation aspects of dual US/UK employment contract for senior executive of FTSE 100 company.
USA Pavilion at the 2010 Shanghai World Expo
Advice regarding sponsorship and financing negotiations for the proposed USA Pavilion at the 2010 Shanghai World Expo.
USTA in ESPN Broadcast Deal
Advised the United States Tennis Association Incorporated and ESPN, Inc. on an 11-year broadcast deal regarding telecasting the entire US Open exclusively on ESPN networks starting in 2015.
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).
Venture Negotiations and Public Policy Efforts for Pearl Mobile DTV
Represented Pearl Mobile DTV in establishing a nine-company venture to provide Mobile Digital Television services in the United States. Covington led the negotiations leading to the creation of the Pearl Mobile DTV venture, the negotiation of content license agreements, and public policy efforts before Congress and at the White House and the FCC.
Verizon Communications’ $7.5 billion annuity purchase
Represented Verizon Communications with respect to its pension plan’s $7.5 billion annuity purchase (one of the largest pension annuitization transactions in US history), and successfully defending Verizon against an attempt by retirees to block the transaction in court.
Village Roadshow Limited (VRL) on Theme Park on Hainan Island
Advised Village Roadshow Limited (VRL) on its destination theme park on Hainan Island, China. The theme park will focus on marine animal attractions, with a similar format to VRL’s Sea World on Australia's Gold Coast, and will also include a Wet ‘n Wild style water park.
Village Roadshow Entertainment Group Asia on Multiple Matters
Wide ranging advice to Village Roadshow Entertainment Group Asia, which has co-produced leading Chinese box office hits such as Stephen Chow’s “Journey to the West.”
Wachovia Bank, N.A. before the U.S. Supreme Court in the landmark preemption case
Representing Wachovia Bank, N.A. before the U.S. Supreme Court in the landmark preemption case, Watters v. Wachovia Bank, N.A., which held that federal preemption barred Michigan State officials’ efforts to regulate a mortgage subsidiary of Wachovia Bank.
Washington v. National Football League
Dismissing a purported class action antitrust suit brought by retired players alleging a conspiracy to restrain a market for the sale of their images and likenesses.
Wal-Mart Smart Grid and Demand Response
Wal-Mart on smart grid and demand response issues.
Washington National Cathedral in Copyright Matter in the U.S. District Court for the Eastern District of Virginia
Representation of Washington National Cathedral in a copyright action in the United States District Court for the Eastern District of Virginia to enjoin a major movie studio from its unauthorized use of a Cathedral sculpture in a popular feature film.
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.
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.
Whistleblower discrimination summary judgment win
Won summary judgment and Ninth Circuit affirmance of a whistleblower/discrimination case brought against a major pharmaceutical company.
Wells Fargo in Connection with Federal Reserve Board Investigation
Represent Wells Fargo & Co. and Wells Fargo Financial, Inc. in connection with a Federal Reserve Board investigation, enforcement action involving allegations of customer income alteration and customer steering by Wells Fargo Financial sales personnel in originating nonprime mortgage loans—and with implementation of the resulting consent order.
Whistleblower retaliation case
Successfully argued a whistleblower retaliation case arising under the False Claims Act in the U.S. Court of Appeals for the Fourth Circuit on behalf of a pharmaceutical company after winning dismissal at summary judgment stage.
White Paper for Major Energy Trade Associations
Represent seven major energy trade associations including Edison Electric Institute, American Gas Association, Natural Gas Supply Association, and Electric Power Supply Association in preparing a comprehensive White Paper evaluating FERC’s enforcement initiatives both substantively and procedurally, presenting it to FERC, and paving the way for the implementation of significant reforms to FERC’s enforcement program.
Wind Policy FERC Regulatory Matters
Advise American Wind Energy Association (AWEA) on FERC regulatory matters regarding wind and electricity policy.
Wireline Competition Before FCC for Client TDS Telecom
Representation of TDS Telecom on a range of wireline issues before the FCC, including universal service, ETC regulation, intercarrier compensation and CALEA. We represent the world’s largest independent directory assistance providers on a range of issues before the FCC, including retail competition.
Wood Pellet Production Facility Development
Representing Wood Fuels LLC in development and financing of a wood pellet production facility in North Carolina.
Young v Verizons Bell Atl Cash Balance Plan
Young v. Verizon’s Bell Atl. Cash Balance Plan, __ F. Supp. 2d __, 2009 WL 3677350 (N.D. Ill. Nov. 2, 2009). For Verizon, we secured a court order reforming a $1.7 billion drafting error in a pension plan formula. This was the first court order correcting a scrivener’s error in an ERISA plan.
Young African Leaders Initiative
We assisted Microsoft Corporation in its establishment as a founding implementing partner to the Young African Leaders Initiative, one of the Obama administration’s flagship initiatives in Africa.
IoT Network Development
We assist clients with regulatory licenses and approvals necessary to launch, operate, and utilize IoT networks, including FCC equipment approvals for connected devices. For example, we represent a wireless technology company before the Federal Communications Commission as the company seeks to build a nationwide IoT network.
Smart Home Device Privacy and Security Advice
We assist IoT device manufacturers on privacy issues specific to their products. For example, we advised the manufacturer of a smart in-home assistant device on privacy and security matters involving the collection of voice and other data.
Privacy Counsel
We help clients on all aspects of data privacy, addressing issues such as consent, transparency, privacy-by-design, and international transfers of personal data. Our industry-leading global privacy practice has experts who monitor the latest legislative, regulatory, and policy developments in jurisdictions worldwide.
Global Data Privacy and Cybersecurity Agreements
We have negotiated on behalf of technology clients the data ownership, data privacy, and cybersecurity provisions of global agreements with automotive OEMs related to the provision of connected car services.
Recovery for Data Security Breaches
Our top-ranked insurance practice has successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches.
Global Legislative and Regulatory Counsel
We help clients engage with policymakers developing IoT regulatory frameworks in jurisdictions worldwide. We have assisted clients with IoT products or services in identifying relevant legislative and regulatory developments, drafting and submitting comments on proposals to regulate IoT technologies, and lobbying policymakers on these issues. We monitor developments in jurisdictions across the world.
Medical Certification Organization on OSHA Regulatory Policies
Advised a major medical certification organization on potential changes to OSHA regulatory policies.
Geo-Location Counsel
We advise clients on legal requirements related to the collection, use, and disclosure of precise geo-location data, including the appropriate notices, consents (both opt-in choice and methods for withdrawing consent), and contractual provisions.
Emerging IoT Government Contracts Standards
We monitor and advise clients on legislation and regulations that affect IoT-related government contracts. For example, we track legislation that would require the development of contractual IoT security standards for IoT devices purchased from government contractors. We also advise on IoT best practices for government contractors.
Export Controls Compliance Advice
We represented vehicle manufacturers in assessing export controls requirements applicable to vehicle engine monitoring and diagnostic tools. We also represented a consumer goods company in evaluating the export controls and economic sanctions requirements applicable to supply-chain sensors used in packaging.
Sanctions and Antiboycott Advice
We regularly advise companies across sectors on complying with U.S. and EU economic sanctions and U.S. antiboycott measures, which can be relevant to a range of international transactions.
Vulcan Materials Transaction
Represented Vulcan Materials in its acquisition of SPO Partners II, L.P.
Tribune/Sinclair Transaction
Represented Tribune Media in the merger of Tribune and Sinclair Broadcasting.
Independent Investigation for Choate Rosemary Hall
Conducted an independent investigation of historic adult sexual misconduct for Choate Rosemary Hall school. Covington’s report was released to the media and covered extensively.
Investigation into Sexual Misconduct for Prestigious Private School
Represented a prestigious all-girls private school in an investigation focused on sexual misconduct that was the subject of significant press.
$3.2 Billion Acquisition of Intersil Corporation
Represented Intersil Corporation in its $3.2 billion sale to Japan’s Renesas Electronics Corporation.
CenturyLink’s $2.2 Billion Sale of its Savvis Data Center Business
Represented CenturyLink in securing the CFIUS approval for the $2.2 billion sale of its Savvis data center business to a consortium led by BC Partners.
$2.7 Billion Acquisition of the Safran Identity & Security Business
Represented the private equity firm Advent International and its portfolio company Oberthur Technologies in securing the CFIUS and U.S. national industrial security approvals for Advent’s acquisition of the Identity & Security business (d/b/a “Morpho”) from Safran, for the purpose of combining it with Oberthur.
Resolved Federal and State Investigation of Speaker Programs
Represented Salix Pharmaceuticals, Inc. in civil settlement of federal and state investigation of allegations concerning speaker programs.
Criminal Declination and Favorable First-Mover Civil Settlement
Represented major airline in industry-wide parallel civil/criminal investigation of fraud in connection with U. S Postal Services contract, securing criminal declination and favorable first-mover civil settlement.
Declination and Highly Favorable Global Resolution
Represented leading engineering contractor facing allegations of quality deficiencies and lobbying violations related to multi-billion nuclear waste treatment contract; secured a partial DOJ declination and resolved all remaining claims on highly favorable terms.
Dismissal of Medicare Overbilling Allegations
Represented McKesson Provider Technologies in Northern District of Texas case involving FCA and supplemental state law claims, securing dismissal under Rules 9(b) and 12(b)(6) of alleged submission of purportedly false medical bills.
Dismissal of Formulary-Placement Allegations
Represented Novartis Pharmaceutical Corporation in successful motion to dismiss in the District of New Jersey on allegations that the company offered discounts to influence formulary position.
Cross-Border Workforce Reorganization
A fast-growing U.S.-based start-up planning and executing an aggressive global expansion relied on Covington’s global workforce team to mastermind a comprehensive implementation strategy that met the business’ goals while addressing compensation and benefits planning and employment challenges across dozens of jurisdictions.
Guiding a Start-up Through Rapid International Workforce Growth
A fast-growing U.S.-based start-up planning and executing an aggressive global expansion relied on Covington to mastermind a comprehensive implementation strategy that met the business’ goals while addressing compensation and benefits planning and employment challenges across dozens of jurisdictions.
ASML’s Acquisition of Hermes Microvision Inc. in a $3.1 Billion Deal
Represented ASML in securing the CFIUS approval of its $3.1 billion acquisition of Hermes Microvision, a Taiwanese company with U.S. research and sales.
Managing Equity Compensation in a Complex Global Corporate Spinoff
A large multinational company undergoing a complex, transformative reorganization and spin-off relied on Covington to lead a strategic redesign of its global equity compensation plans to more effectively deliver meaningful compensation to executives and employees in over 50 countries.
Whitepaper on Cybersecurity Advantages of Blockchain Technologies
Advising Microsoft and the Chamber of Digital Commerce in the development of a whitepaper exploring the cybersecurity advantages of blockchain technologies.
Significant Privacy Case Before the Irish High Court
The Irish High Court referred the validity of the Standard Contractual Clauses used as a basis to transfer data and specifically whether they are compatible with the EU treaties to the EU Court of Justice. This is an amicus brief where we will appear on behalf of our client alongside the U.S. Government in making submissions before the EU Court of Justice.
Trade Compliance Program for a Life Sciences Company
Assisted a leading life sciences company in the design and implementation of global trade compliance program.
Advising the Bank of a Global German Car Manufacturer
Advising the bank of a global German car manufacturer on regulatory requirements in terms of the procurement of IT-infrastructure and IT-services from its parent company.
Successful Representation of Microsoft in Privacy Battle
Represented Microsoft in successfully opposing a subpoena seeking the emails of a deceased customer. Following briefing and a hearing, the Court embraced Microsoft's balanced approach to this nuanced issue of digital privacy, holding that Microsoft could not be compelled by subpoena to produce the emails but was free to do so voluntarily in accordance with its policies.
Dismissal of Suit Alleging Fraud in Defense Contracts
Obtained dismissal of qui tam action alleging fraud in connection with Iraqi procurement contracts, as sanction for discovery abuse, United States ex rel. Mayberry et al. v. Custer Battles LLC et al., No. 1:06-cv-364 (E.D. Va. 2008).
Navigating U.S. Legislative Amendment Procedures on a Tight Deadline
Our client, a major trade association, was facing an adverse and precedential amendment to a piece of U.S. legislation. With only one day before decisions were to be made as to which amendments would be in order during the House of Representatives (House) debate, we promptly developed substantive and procedural arguments against the amendment at issue. We then presented these arguments to senior members of the committee of jurisdiction and the Rules Committee. Through our aggressive efforts, the Rules Committee decided against making the amendment in order for a vote, preventing the House from acting on it.
"Flushable Wipe" Litigation and Investigations
Counsel to Procter & Gamble in consumer litigation and agency investigations concerning "flushable wipe" advertising.
Advance Ad Review
Advising consumer products companies on a variety of claims, such as "Made in USA," green claims, and "new."
Summary Judgment in Defective Pricing Suit
Won summary judgment on False Claims Act case alleging TINA violations, United States ex rel. Sanders v. Allison Engine Company, 364 F. Supp. 2d 699 (S.D. Ohio 2003).
Advice regarding shared employee and facility costs during M&A process
Advised client on structuring employee secondment agreements so as to permit reimbursement of costs of shared employees and associated indirect costs under a secondment agreement during a contractual novation process in connection with an M&A transaction, enabling the client to orderly transfer employees and facilities to the purchaser and ensure continued reimbursement up to the point of final transfer.
Veritas Capital’s Investment in SolAero Technologies Corp.
Represented private equity firm Veritas Capital as regulatory counsel during its acquisition of EMCORE’s Space Photovoltaics business, and represented the business, which is now known as SolAero Technologies Corp., during its subsequent acquisitions of Alliance Spacesystems and Vanguard Space Technologies. We handled government contracts, trade controls, anti-corruption, and other regulatory due diligence, and also assisted with contract novations.
Dismissal of Multidistrict Litigation Alleging Contractor Negligence Inside Overseas War Zones
Obtained complete dismissal of 63 lawsuits brought by 800-plus named plaintiffs against KBR, the largest military services contractor in Iraq and Afghanistan. These claims challenged KBR’s use of burn pits to dispose of waste during those wars. The district court adopted our arguments in their entirety and held the claims were barred by the political question doctrine and preempted based on the “combatant activities” exception to the Federal Tort Claims Act.
Advice on retailer pricing claims
Advising retailers on pricing claims and practices, including the use of the word “free,” “two-for-one” offers, and trial periods with negative cancellation options.
Advising Internet companies on advertising claims
Advising major Internet companies as to the substantiation required to defend advertising claims made about their products and services.
Litigation risk counseling
Conducting due diligence investigations and performing risk assessments to evaluate potential product or toxic tort liabilities associated with pharmaceutical and medical device companies bringing products to market.
Advised client of risk mitigation techniques during contract formation
Counseled a major defense contractor on how to mitigate potential future tort risk during contract discussions with the U.S. government. The military wanted the contractor to provide support for a significant anti-terrorism initiative, and the contractor needed advice on how best to structure the contract to minimize its risk and maximize its protection in the event of third-party claims arising from its contract performance.
Support of derivative sovereign immunity defense through Supreme Court amicus brief
Filed a Supreme Court amicus brief on behalf of a government contractor trade association in support of a U.S. Navy contractor being sued for unwanted text messaging. The proposed class action raised significant questions regarding the application of derivative sovereign immunity to private contractors performing work on behalf of the federal government.
National counsel to Microsoft on cyber-related claims
Serving as national product liability counsel to Microsoft in preparation for the defense of claims involving virus and worm attacks or potential cyber-terrorism involving our client's array of software products.
Dismissal of personal injury case involving military personnel
Persuaded a district court to dismiss a tort suit brought against a large logistical services contractor for injuries sustained by a soldier on a military base in Iraq. The district court and the court of appeals agreed that the case raised political questions because of the involvement of the military that were outside the scope of judicial review.
EU and national requirement compliance
Counseling clients on compliance with European Union and national requirements regarding the use of “green dot” labels related to product disposal, “CE” labels on prototype products, and use of national languages on product labels.
“New” product advice
Advising remanufacturers and refurbishers of consumer products as to FTC and state law regulating their ability to describe products as “new.”
Dismissal of wartime wrongful death claims brought by contractor employees
Obtained dismissal of wrongful death claims against a military support contractor following an insurgent attack on a supply convoy in Iraq. After the district court refused to dismiss the case, we successfully brought an interlocutory appeal and persuaded the court of appeals that the Defense Base Act provided an exclusive remedy and barred the employee claims.
Acquisitions by British Telecommunications
Represented British Telecommunications plc in its acquisitions of Infonet Services Corp., Comsat International, Counterpane, International Network Services, Ribbit Corporation, and Wire One Communications (among others).
Presidential Order Protecting Qualcomm from Hostile Takeover
Our team led the successful CFIUS-based defense of Qualcomm against the hostile takeover bid by Broadcom, the largest hostile takeover (valued at $121 billion) ever attempted in the semiconductor sector. Our efforts helped secure a U.S. Presidential order compelling Broadcom to "immediately and permanently abandon" its proposed hostile takeover of Qualcomm, based on findings by CFIUS that Broadcom's takeover "threatens to impair the national security of the United States."
Genworth Financial's proposed acquisition by China Oceanwide
We represented Genworth Financial in securing the CFIUS approval of its pending $2.7 billion acquisition by China Oceanwide, the largest Chinese investment approved by the Trump Administration.
BAE Systems acquisitions
Represented BAE Systems, Inc. in its acquisitions of Armor Holdings, MTC Technologies, Advanced Ceramics Research, IAP Research, Atlantic Marine, OASYS Technology, and Intelligence Service Business of L-1 Identity Solutions, Signal Innovation Group, Eclipse Electronics, and Riptide Autonomous Solutions, LLC (among others).
Midea's $5 billion public offer takeover of KUKA Systems
Represented Midea Group on CFIUS and related U.S. national security approvals in its $5 billion public offer takeover of Kuka Systems.
Dismissal of wrongful death case based on government contractor defense
Obtained dismissal of a wrongful death case brought against a major government contractor for alleged gamma radiation exposure from a cargo screening device it manufactured for national security/border protection purposes. Early in the case, and only after minimal discovery, we successfully asserted the government contractor defense and convinced the trial court that the government had meaningfully reviewed and approved the product’s design specifications, that the product conformed with those specifications, and that the contractor had no knowledge of any product risks or hazards unknown to the government.
Obtained SAFETY Act protection for anti-terror products and services
The SAFETY Act, administered by the U.S. Department of Homeland Security, provides liability protection to the makers and users of anti-terror technology in the event of a terror attack. We have successfully guided clients from virtually every major industry in the United States, including government contractors, airports, port authorities, chemical companies, large sports stadiums, and professional sports leagues, through the SAFETY Act application process and secured SAFETY Act protection for a wide range of technologies.
Transfer of major construction dispute from state to federal court
Removed a construction dispute involving several hundred million dollars from state to federal court, which was a superior forum for asserting various federal defenses on behalf of our government contractor client. We defeated the plaintiff’s efforts to send the case back to state court, successfully arguing that the case properly was removed under the federal officer removal statute because of the significant role played by the federal government in the construction project.
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.
Defense of Lawsuits Raising Environmental Challenges
All the major domestic oil and gas trade associations in defending multiple ongoing district court and court of appeals lawsuits raising environmental challenges to continued leasing, exploration and development both onshore and in the Gulf of Mexico and offshore Alaska.
NEPA and ESA Challenge Under Tightened Review Procedures
Represent American Petroleum Institute relative to first challenge with NEPA and ESA to exploration plan approval under tightened review procedures established after Deepwater Horizon oil spill.
Hurricane Katrina Insurance Recoveries
Representing a national hotel company in litigation over coverage for property damage and business income losses caused by Hurricane Katrina.
Policy Support for Alternative Energy Projects
We assisted companies seeking support for alternative energy projects in the American Recovery and Reinvestment Act of 2009 (the Stimulus) and advised on carbon trading provisions in climate change legislation, including preparing amendments to both bills.
Corporate Culture Investigation for Uber Technologies, Inc.
Led a three-month investigation into the corporate culture at Uber Technologies Inc. following a blog post by a former Uber engineer that alleged that the company’s work culture was biased against women and that managers ignored sexual harassment complaints. The process included more than 200 interviews with current and former employees, and resulted in a set of recommendations approved unanimously by the board that subsequently were released publicly.
Global Human Rights Policies and Procedures
Working with leading multinational companies on their global codes of conduct and business ethics documentation with a particular focus on human rights issues, including anti-discrimination policies, data privacy, freedom of association, the use of whistleblower hotlines, and other areas.
Climate Change Legislation Advocacy and Lobbying Assistance
Advocacy assistance on issues related to the United Nations Framework Convention on Climate Change and the Kyoto Protocol, and lobbying on behalf of clients with respect to climate change legislation in various states of the United States and in the European Union.
Human Rights Due Diligence
Conducting human rights due diligence exercises relating to the potential acquisition of multinational businesses (including a business subject to disclosure requirements relating to potential use of conflict minerals in its products).
Department of Energy Negotiation
BASF in its negotiation of a Department Energy grant to construct a cathode materials production plant that supplies manufacturers of advanced lithium-ion batteries.
HaloIPT Acquisition by Qualcomm
HaloIPT, a leading provider of wireless charging technology for electric road vehicles, in the acquisition of all its technology and assets by Qualcomm Incorporated.
Approval of Renewable Fuels under EPA's Renewable Fuel Pathways Regulation
Advise advanced biofuels manufacturer regarding approval of new renewable fuels under EPA’s renewable fuel pathways regulations.
ExxonMobil Algal-Based Biofuels Matters
Represent ExxonMobil on algal-based biofuels matters, including its Synthetic Genomics collaboration.
European Parliament and Council Regulatory and Advocacy Advice
Regulatory and advocacy advice to a biofuels company on legislative developments relating to the EU Renewable Energies Directive in the European Parliament and Council.
Environmental Impact Analysis and Permitting in California Desert
BrightSource Energy on environmental impact analysis and permitting of its Ivanpah project in the California desert.
Documentation and Species Mitigation for Solar Facility Siting
Negotiated with U.S. Department of Interior and California Energy Commission relative to environmental documentation, including NEPA, and species mitigation for siting of solar facility.
Implementation of Habitat Conservation Plan for Endangered Shorebirds
Representation of First Wind in advising and consulting with federal and state agencies on implementation of a Habitat Conservation Plan for endangered shorebirds on Maui, Hawaii.
Permitting Projects in Light of Siting and Mitigation Requirements
Advise RES-Americas on likelihood of completing the permitting of several projects in light of siting and mitigation requirements for eagles and other potential species of concern.
Facebook Transactions
Representation of Facebook, Inc. in many transactions, including its $22 billion acquisition of WhatsApp, $2 billion acquisition of Oculus, and $1 billion acquisition of Instagram.
Energy Company Russia Sanctions
Advice to leading U.S. and international energy companies on the scope and application of U.S. and EU sanctions against Russia in the context of new and existing projects and investments.
Amyris Representation in Europe
Represent Amyris, Inc. regarding antitrust and competition law, EU chemicals regulations (including “REACH”) and other European distribution arrangements and other areas where we have specialized expertise.
EU and UK Biofuels Rules Advice
Provide regulatory due diligence advice to an investment fund regarding the EU and UK rules on biofuels in connection with a potential acquisition of a biomass manufacturer.
EU Emissions Trading System and Emissions Allowances Allocation
A major international energy company in relation to the EU emissions trading system and allocation of emissions allowances.
Ovonic Battery IP and Litigation Matters Related to Joint Venture with Chevron
Ovonic Battery Company in intellectual property and litigation matters pertaining to Cobasys, a joint venture with Chevron to develop, license, and manufacture NiMH batteries for transportation and stationary storage applications.
Schneider Electric SA's sale of industrial software business to AVEVA Group
Represented Schneider Electric of France on CFIUS and related U.S. national security regulatory approvals in connection with the sale of its industrial software business to UK-based AVEVA Group and the acquisition by Schneider Electric of a majority interest in AVEVA Group, creating a leading engineering and industrial software company valued at approximately $3.88 billion.
Helped Defeat Federal Constitutional Challenge to California’s Cap-and-Trade Program Linkage with Quebec
Submitted two amicus briefs in support of the State of California’s successful defense of the linkage between independent cap-and-trade programs in United States v. California, No. 19-02142 (E.D. Cal.).
SK E&S in $75M Investment in Sunrun and $75M Investment in Electrification Venture
South Korean energy company and other affiliated companies in an investment in Sunrun, a home solar, battery storage, and energy services company, and an investment in a new venture with Sunrun with plans to electrify the home.
Sony BMG Music Entertainment in Class Action Lawsuit
Representation of Sony BMG Music Entertainment in a class action lawsuit challenging royalties for downloading music.
Multiple Cases Against the Russian Federation
Representation of Ukraine adverse to the Russian Federation before the International Court of Justice and numerous international tribunals defending Ukraine's rights under the Convention for the Suppression of the Financing of Terrorism, the Convention on the Elimination of All Forms of Racial Discrimination, and the UN Law of the Sea.
Successful Representation Related to Top Chinese TV Show
Representation of an international media company in Hong Kong-seated HKIAC arbitration proceedings in a dispute relating to The Voice, one of the most watched television shows in China.
SafeNet’s Sale of its Government Business to Raytheon
Represented data security firm SafeNet during the sale of its encrypted communications business to Raytheon. We handled government contracts, national security, and trade controls matters for SafeNet.
Peraton's Acquisition of Solers
Represented Peraton as regulatory counsel in its acquisition of Solers, Inc., a software development and systems integration provider. We handled government contracts, national security, and cybersecurity matters for Peraton.
CPI's Acquisition of GD SATCOM
Represented Communications & Power Industries (CPI) during its acquisition of the satellite communications antenna business of General Dynamics. We handled government contracts and communications regulatory matters for CPI.
Cambium's Acquisition of AIR Assessment
Represented Cambium Learning Group during its acquisition of the student assessment division of the American Institutes for Research. We handled government contracts and other regulatory matters for Cambium.
SRI's Sale to Peraton
Represented Strategic Resources International (SRI) during its sale to Peraton. We handled all aspects of this transaction for SRI.
Elbit Systems of America Acquisition
Represented Elbit Systems of America in its $350 million acquisition of Harris Night Vision.
Sale of CVG to Integral Systems
Represented satellite communications systems provider CVG, Inc. in its sale to Integral Systems, Inc. We handled all aspects of this transaction for CVG.
Magellan’s Acquisition of AFSC
Represented Magellan Health during its $117.5 million acquisition of Armed Forces Services Corporation (AFSC), a provider of behavioral health and specialty services to the Department of Defense and other U.S. government agencies. We handled government contracts and national security matters for Magellan.
Pohlad Family’s Acquisition of PaR Systems
Represented the Minnesota-based Pohlad family during its acquisition of PaR Systems, a leading provider of integrated robotic automation and specialized material handling solutions. We handled government contracts matters for the Pohlad family.
Snow Phipps’ Creation of Acentia
Represented private equity firm Snow Phipps during its creation of IT services contractor Acentia, starting with the acquisition of ITSolutions and following with the add-ons of NetStar-1 and 2020 Company. We handled all aspects of these transactions.
Veritas Capital’s Creation of Peraton
Represented private equity firm Veritas Capital during its $690 million acquisition of Harris Corporation’s government IT services business, now known as Peraton. We handled government contracts and national security matters for Veritas Capital.
Honeywell’s Sale of HTSI to KBR
Represented Honeywell International during the sale of Honeywell Technology Solutions, Inc. (HTSI), a leading professional, technical, and mission support services contractor, to KBR for $266 million. We handled government contracts matters for Honeywell.
Tower Three’s Acquisition of NTS
Represented private equity firm Tower Three Partners during its acquisition of NTS, a regional provider of broadband and other communications services in Texas. We handled communications, government contracts, and federal assistance matters for Tower Three.
Verscend’s Acquisition of a GDIT Business
Represented Verscend Technologies in its acquisition of General Dynamics IT’s commercial health insurance payer-focused products. We handled government contracts matters for Verscend.
Lindsay Goldberg's Transformation of PAE
Represented private equity firm Lindsay Goldberg and PAE as regulatory counsel in six different M&A transactions that have grown PAE to a defense contractor with annual revenue in excess of $2 billion. Our work began in 2011 with Lindsay Goldberg’s acquisition of PAE from Lockheed Martin, and continued through to PAE’s acquisitions of Defense Support Services, CSC’s Applied Technology Division, USIS’s Global Security and Solutions Business, and A-T Solutions and to Lindsay Goldberg’s 2016 sale of PAE to Platinum Equity. Our work in each of these deals has included government contracts, national security, trade controls, and anti-corruption due diligence and advice on transaction structuring, and regulatory approvals.
Veritas Capital’s Investment in Alion Science & Technology
Represented private equity firm Veritas Capital during its acquisition of Alion Science & Technology Corporation, a leading provider of engineering services to the Department of Defense. We handled government contracts, trade controls, and national industrial security due diligence.
HAECO's Acquisition of TIMCO Aviation
Represented Hong Kong Aircraft and Engineering Co. (HAECO) during its $388.8 million acquisition of TIMCO Aviation, a global provider of aviation maintenance, repair, and overhaul services. We handled CFIUS and government contracts matters for HAECO.
Utility Privatization for the Military
Represented contractors in negotiating and administering contracts to design, build, finance, own, and operate energy and water and wastewater facilities on U.S. military bases, leaving the military to perform its core functions.
Financing of a Cleared Contractor
Advised a publicly-traded investment company on government contracts and national industrial security matters related to a debt financing arrangement involving a contractor with significant classified operations.
Vencore and KeyPoint’s Combination to Form Perspecta
Represented government contractors Vencore and KeyPoint Government Solutions and their private equity owner Veritas Capital in their combination with the U.S. Public Sector business of DXC Technology to form Perspecta. We handled government contracts matters for Vencore, KeyPoint, and Veritas.
Sale of ThreatGRID to Cisco
Represented ThreatGRID, Inc. during its sale to Cisco Systems, Inc. We handled all aspects of this transaction for ThreatGRID.
HP Enterprise's Acquisition of Cray
Represented Hewlett Packard Enterprise in its $1.3 billion acquisition of Cray, a supercomputer manufacturer. We handled government contracts, intellectual property, technology transactions, trade controls, data privacy, anti-corruption, and employment matters for HP Enterprise.
Alion's Sale of Naval Systems Unit to Serco
Represented Alion Science and Technology as regulatory counsel in its sale of its naval services unit to Serco Inc. We handled government contracts, national security, CFIUS, and trade controls matters for Alion.
Lindsay Goldberg’s Investment in ECS Federal
Represented private equity firm Lindsay Goldberg during its investment in government services contractor ECS Federal. We handled government contracts, national security, trade controls, and anti-corruption matters for Lindsay Goldberg..
Amentum's Acquisition of DynCorp International
Represented defense contractor Amentum in its acquisition of DynCorp International, an aviation and logistics support services contractor. We handled government contracts, national security, cybersecurity, trade controls, anti-corruption, and employment matters for Amentum.
Transmission-Related Matters for PSEG
Represent PSEG, a large New Jersey electric utility, with respect to a range of FERC matters including financial incentives and favorable regulatory treatments for large transmission projects, cost allocation policy for certain transmission investments, and market based rates for a new generation project.
Virtual Electricity Trader FERC Investigation
Represent a virtual electricity trader in an on-going non-public FERC investigation of fraud and manipulation with respect to trading virtual electricity products and congestion revenue rights in the California ISO markets.
Pepco Holding's Conectiv Energy Sale
Represent Pepco Holdings, Inc. on the negotiation and sale of its 3800 MW Conectiv Energy wholesale power generation business to Calpine Corporation, including securing the necessary FERC approval under the Federal Power Act.
California Electricity Crisis FERC Refund Proceedings
Representing a major California utility in decades of FERC and judicial proceedings arising from the California electricity crisis of 2000-2001.
NRC Regulatory Issues
Represent Mitsubishi Nuclear Energy Systems and AREVA in connection with NRC regulatory and other issues associated with new reactor construction.
KKR and Texas Pacific Group Acquisition of TXU Corp.
KKR and Texas Pacific Group in securing the necessary FERC and NRC approvals for the successful acquisition of TXU Corp. for $45 billion. We also provided counsel on energy regulatory, renewable energy development, climate change, government affairs, and public policy matters.
COMPETE Coalition FERC and State Regulatory Matters
Represent COMPETE Coalition, in submitting regulatory filings on the coalition’s behalf in a number of states including Illinois, Ohio, New York, Arizona and New Hampshire and providing expert testimony in regulatory and legislative proceedings in Illinois, New Hampshire, Pennsylvania and Ohio. For 12 years, Covington served as outside counsel to this 780 member organization whose members included Exelon, Talen Energy, Calpine, BP Energy, Wal-Mart, Safeway, PSEG, and Texas Energy, on a wide range of FERC and state regulatory matters involving renewable energy issues, capacity markets, wholesale and retail market structure, demand response policy, electricity rates, RTO markets, and transparency issues.
China Investment Corporations Acquisition of Interest in AES Corporation
Represent China Investment Corporation (CIC) in securing the necessary FERC and New York PSC approvals for its purchase of a 15 percent interest in AES Corporation.
Major Streaming Content Provider in Global Diligence Projects
Conducted global diligence projects for major streaming content provider, including in respect of music licensing requirements and associated collecting society issues.
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.
Sony Music Entertainment in Royalty Dispute Between Quincy Jones and the Estate of Michael Jackson
Represented Sony Music in a lawsuit brought by Quincy Jones over royalties from the Estate of Michael Jackson.
Advise Large Software Company on Copyright Issues for Live-Streaming and Video Games
Representation of a large software company on copyright issues related to live-streaming and video gaming issues.
Major Record Labels in Litigation Over Streaming Royalties
Represented several major record labels in litigation over streaming royalties due to session musicians and background vocalists.
European Music Antitrust Compliance
Representation of a group consisting of (European) direct licensors and local society representatives, ensuring compliance with antitrust laws.
Alliance for Lifetime Income in its Sponsorship of the Rolling Stones Tours
Advised the Alliance for Lifetime Income in its agreements to become the sole sponsor of the Rolling Stones' No Filter US Tour 2019 and No Filter US and Canada Tour 2020.
American Airlines in its Sponsorship of Jonas Brothers' Tour
Represented American Airlines in connection with its sponsorship of the Jonas Brothers' 2019 Happiness Begins Tour.
American Airlines in its In-Flight Wi-Fi Partnership
Represented American Airlines in connection with its Wi-Fi entertainment partnership with a major technology company.
XM Satellite Radio Insurance Claim
Advised XM Satellite Radio on an insurance claim arising out of the solar array anomaly in its two Boeing 702 satellites.
TikTok in Securing Preliminary Injunction to Avoid Shutdown
Secured preliminary injunction on behalf of TikTok prohibiting the government from implementing an executive order banning the social media platform from U.S. mobile app stores.
All Major Record Labels and Music Publishers in Copyright-Infringement Litigation Against Internet Service Providers
Representation of all major record labels and music publishers in high-stakes mass copyright infringement litigations against internet service providers Charter Communications and Bright House Networks.
January 27, 2021
WASHINGTON—Covington is advising Veritas Capital on the acquisition of Perspecta Inc. by Veritas portfolio company Peraton for $7.1 billion. The transaction is expected to close in the first half of 2021. Following closing, Perspecta will be combined with Peraton, a trusted provider of highly differentiated space, intelligence, cyber, defense, homeland security ...
January 26, 2021, Inside Privacy
On January 7, the Federal Trade Commission (“FTC”) reached a proposed settlement with Tapjoy, a California-based company that operates an advertising platform within mobile gaming applications. According to its complaint, the FTC alleges that Tapjoy deceived consumers by failing to provide in-game rewards it promised for completing actions associated with ...
Los Angeles Business Journal Names Ali Mojibi and Neema Sahni Minority Leaders of Influence
January 26, 2021
LOS ANGELES—The Los Angeles Business Journal has named Ali Mojibi and Neema Sahni to its ”Minority Leaders of Influence: Attorneys” list, a recognition of leading minority Los Angeles-based lawyers. Mr. Mojibi is a partner in Covington’s Los Angeles office. He serves as trial counsel for Fortune 500 and leading emerging companies, with a focus on patent, trade ...
January 25, 2021, Inside Privacy
On December 23, 2020, the European Commission (the “Commission”) published its inception impact assessment (“Inception Impact Assessment”) of policy options for establishing a European Health Data Space (“EHDS”). The Inception Impact Assessment is open for consultation until February 3, 2021, encouraging “citizens and stakeholders” to “provide views on the ...
January 25, 2021, Inside Tech Media
On December 23, 2020, the European Commission (the “Commission”) published its inception impact assessment (“Inception Impact Assessment”) of policy options for establishing a European Health Data Space (“EHDS”). The Inception Impact Assessment is open for consultation until February 3, 2021, encouraging “citizens and stakeholders” to “provide views on the ...
January 25, 2021, Inside Privacy
On the ninth episode of our Inside Privacy Audiocast, we peer through the looking glass at China’s approach to data protection and the latest developments in its emerging data protection and cybersecurity regime. Dan Cooper, Yan Luo and Zhijing Yu discuss the variety of legal instruments in China’s quickly-evolving data protection and cybersecurity regulatory ...
Covington's London Public Company Practice Closes a Strong Year of Life Sciences Transactions
January 25, 2021
LONDON–Covington’s London corporate team has advised AIM- and Main Market-listed clients on multiple fundraisings and acquisitions over the past few months, marking a strong year in life sciences transactions. These include: Advising Sensyne Health plc, a UK clinical AI company listed on the London AIM market, on its £27.5 million equity fundraising The ...
January 25, 2021, PodBean
Ben Haley appeared on the ARC Insider podcast to share his insights on the impact of the U.S. Presidential election on Africa.
January 22, 2021, Global Policy Watch
Next week will be a committee week in the European Parliament. Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels. Several interesting votes and debates are scheduled to take place. On Monday, the Committee on Economic and Monetary Affairs (“ECON”) will have a structured dialogue with Commissioner for Financial ...
Covington Publishes Comprehensive Advisory Comparing Biden and Trump Executive Orders on Ethics
January 22, 2021, Global Policy Watch
The ethics rules that apply to Presidential appointees shifted Wednesday, in some ways significantly, as President Biden, just hours after being sworn in, signed an “Executive Order on Ethics Commitments by Executive Branch Personnel” and President Trump, just hours before his term expired, revoked his Executive Order on Ethics. While the Biden and Trump ...
Covington Publishes Comprehensive Advisory Comparing Biden and Trump Executive Orders on Ethics
January 22, 2021, Inside Political Law
The ethics rules that apply to Presidential appointees shifted Wednesday, in some ways significantly, as President Biden, just hours after being sworn in, signed an “Executive Order on Ethics Commitments by Executive Branch Personnel” and President Trump, just hours before his term expired, revoked his Executive Order on Ethics. While the Biden and Trump ...
January 22, 2021, Inside Privacy
On January 13, 2021, the Advocate General (“AG”), Michal Bobek, of the Court of Justice of the European Union (“CJEU”) issued his Opinion in Case C-645/19 Facebook Ireland Limited, Facebook Inc., Facebook Belgium BVBA v. the Belgian Data Protection Authority (“Belgian DPA”). The AG determined that the one-stop shop mechanism under the EU’s General Data...… ...
January 22, 2021
WASHINGTON / SAN FRANCISCO— The BTI Consulting Group has named Covington lawyers James Garland, Corinne Goldstein, Benedict Lenhart, Peter Lichtenbaum, Clara Shin, and Sarah Wilson to its 2020 “Client Service All-Stars” list, which recognizes “attorneys who stand above all the others in delivering the absolute best in client service.” Mr. Garland, based in ...
January 21, 2021, Inside Tech Media
On 18 January 2021, the UK Parliamentary Office of Science and Technology (“POST”)* published its AI and Healthcare Research Briefing about the use of artificial intelligence (“AI”) in the UK healthcare system (the “Briefing”). The Briefing considers the potential impacts of AI on the cost and quality of healthcare, and the challenges posed by the...… Continue ...
On Day 1, President Biden Creates Interagency Working Group on the Social Cost of Greenhouse Gases
January 21, 2021, Inside Energy & Environment
The gears of the administrative state are whirling as President Biden refocuses federal agencies on fighting climate change. Yesterday’s Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (“EO”) shows just how seriously the incoming Administration views this reorientation, and it identifies a tool ...
January 21, 2021, Inside Privacy
Washington State Hearing on Latest Privacy Bill Highlights Competing Interests For Best Practices and Data Minimization On January 14, 2020, Washington’s State Senate Committee on Environment, Energy & Technology received public testimony about Senate Bill 5062, the “Washington Privacy Act.” Representatives from trade associations, the Attorney General’s ...
January 21, 2021, Inside Privacy
On January 19, 2021, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) issued a joint opinion on the draft standard contractual clauses for international data transfers (“draft SCCs”) published by the European Commission (“EC”) on November 12, 2020, including a marked-up version of the clauses. The EDPB/EDPS joint ...
January 19, 2021, Global Policy Watch
The U.S. Department of Justice today announced the arrest of an alleged agent of the Iranian government, who has been charged with violating the Foreign Agents Registration Act (“FARA”). The defendant is an Iranian political scientist, living in the United States as a permanent resident. The Justice Department alleges that for years he has engaged...… Continue ...
January 19, 2021, Inside Political Law
The U.S. Department of Justice today announced the arrest of an alleged agent of the Iranian government, who has been charged with violating the Foreign Agents Registration Act (“FARA”). The defendant is an Iranian political scientist, living in the United States as a permanent resident. The Justice Department alleges that for years he has engaged...… Continue ...
January 19, 2021, Global Policy Watch
Today Covington released an updated version of its manual for Chiefs of Staff to Members of Congress concerning best practices for responding to government investigations of Members and their staff. Titled “A How-To Guide for Chiefs of Staff,” the manual describes how government investigations of Members and staff unfold and the steps that Chiefs of...… ...
January 19, 2021, Global Policy Watch
With the Covid news from the UK (good – vaccine rollout; and bad – high cases and deaths), the impact of the Brexit Deal has been somewhat masked. This note summarises some of the most noticeable of those impacts. Red Tape & Border Delays Cross-Channel trade was slower than normal in the first two weeks...… Continue Reading
January 19, 2021, Inside Political Law
Today Covington released an updated version of its manual for Chiefs of Staff to Members of Congress concerning best practices for responding to government investigations of Members and their staff. Titled “A How-To Guide for Chiefs of Staff,” the manual describes how government investigations of Members and staff unfold and the steps that Chiefs of...… ...
January 19, 2021, Global Policy Watch
Reconciliation is a process under the Congressional Budget Act of 1974 (CBA) that allows Congress to implement budget priorities affecting direct spending, revenues, and the debt limit using expedited procedures. The principal benefit to using reconciliation is that a reconciliation bill cannot be filibustered in the Senate. As a result, it takes only a ...
January 15, 2021, Global Policy Watch
Next week will be plenary week in the European Parliament. Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels. Several interesting votes and debates are scheduled to take place. On Monday, MEPs will debate and vote (Tuesday) on a report on strengthening the EU’s capabilities to enforce its rights under...… Continue ...
January 15, 2021, Inside Privacy
On December 18, 2020, the Irish Data Protection Commission (“DPC”) published its draft Fundamentals for a Child-Oriented Approach to Data Processing (the “Fundamentals”). The Fundamentals introduce child-specific data protection principles and measures, which are designed to protect children against data processing risks when they access services, both online ...
January 15, 2021, Inside Privacy
On Wednesday, January 13, the Supreme Court heard arguments in AMG Capital Management LLC v. Federal Trade Commission. This case raises the question whether the Federal Trade Commission (FTC) has been properly using Section 13(b) of the FTC Act, the provision authorizing requests for preliminary and permanent injunctions where the FTC believes the defendant ...
January 15, 2021, Inside Political Law
With a full complement of six commissioners for the first time since early 2017, the FEC met in open session yesterday. Led by FEC Chair Shana M. Broussard and Vice Chair Allen Dickerson, the first meeting addressed a number of non-controversial matters that lent themselves to consensus. That said, there were several interesting features to...… Continue ...
January 15, 2021, Global Policy Watch
On January 4, 2021, the narrowed Democratic majority in the House of Representatives passed, in a party-line vote, a set of rules governing the House for the 117th Congress. While the House, unlike the Senate, has to approve its rules every Congress, the rules stay generally consistent from Congress-to-Congress, with more significant amendments often coming...… ...
January 15, 2021, Inside Privacy
On December 16, 2020, the German Federal Government passed a draft law that substantially amends some of Germany’s information technology laws (“IT laws”). These amendments aim to adapt the current legal framework to the increasing digitalization of products and services, the proliferation of IoT products, and the appearance of new cybersecurity threats. The ...
January 15, 2021, Inside Tech Media
On December 16, 2020, the German Federal Government passed a draft law that substantially amends some of Germany’s information technology laws (“IT laws”). These amendments aim to adapt the current legal framework to the increasing digitalization of products and services, the proliferation of IoT products, and the appearance of new cybersecurity threats. The ...
January 15, 2021, Inside Privacy
In addition to releasing the new EU Cybersecurity Strategy before the holidays (see our post here), the Commission published a revised Directive on measures for high common level of cybersecurity across the Union (“NIS2”) and a Directive on the resilience of critical entities (“Critical Entities Resilience Directive”). In this blog post, we summarize key ...
January 14, 2021, Inside Government Contracts
On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act opened up the Paycheck Protection Program (“PPP”) to additional organizations and authorized a second draw of PPP loans. The U.S. Small Business Administration (“SBA”) has issued guidance on changes to the original Program and new second draw loans, and the...… ...
January 14, 2021, Global Policy Watch
On 17 December 2020, the Council of Europe’s* Ad hoc Committee on Artificial Intelligence (CAHAI) published a Feasibility Study (the “Study”) on Artificial Intelligence (AI) legal standards. The Study examines the feasibility and potential elements of a legal framework for the development and deployment of AI, based on the Council of Europe’s human rights ...
January 14, 2021, Law360
William Massey is quoted in Law360 regarding expectations of the Federal Energy Regulatory Commission under a Biden Administration. Mr. Massey says, “I would expect the Democrats to ask FERC to take a somewhat more assertive role in taking greenhouse gas emissions into account in certificating pipelines and structuring the wholesale markets, and respecting state ...
January 13, 2021, Inside Tech Media
The Federal Communications Commission (“FCC”) is seeking comment on a Notice of Proposed Rulemaking (“NPRM”) that would modify certain aspects of the FCC’s device authorization rules. Specifically, the FCC is seeking comment on a proposed revision to its device authorization rules to allow the importation of limited quantities of radiofrequency (“RF”) devices ...
January 13, 2021, Inside Tech Media
On 17 December 2020, the Council of Europe’s* Ad hoc Committee on Artificial Intelligence (CAHAI) published a Feasibility Study (the “Study”) on Artificial Intelligence (AI) legal standards. The Study examines the feasibility and potential elements of a legal framework for the development and deployment of AI, based on the Council of Europe’s human rights ...
January 13, 2021
LONDON–Covington advised Sensyne Health plc, a UK clinical artificial intelligence company listed on the London AIM market, on its £27.5 million equity fundraising. The fundraise consisted of a placing with institutional investors, a subscription by directors and senior management, and an open offer to the company's existing shareholders. Covington also advised ...
January 12, 2021, Inside Political Law
After the election of two Democratic Senate candidates in the Georgia runoff elections on January 5, 2021, the Senate this year will be equally divided between 50 Democratic Senators (and those caucusing with them) and 50 Republican Senators. Governing in an equally divided Senate presents several challenges regarding the internal rules of the Senate, the...… ...
A Curious Advisory Opinion Reinterprets the FARA Exemption for Lawyers (and Resolves a FARA Mystery)
January 11, 2021, Inside Political Law
Last week, the Department of Justice’s FARA Unit released a curious advisory opinion. The new opinion stated that it replaced an advisory opinion released by the Department in December 2019, and it revised the Department’s guidance on the scope of the lawyers’ exemption to FARA. As far as we can tell, this is the first...… Continue Reading The post A Curious ...
January 11, 2021, Inside Government Contracts
As the recent SolarWinds Orion attack makes clear, cybersecurity will be a focus in the coming years for both governmental and non-governmental entities alike. In the federal contracting community, it has long been predicted that the government’s increased cybersecurity requirements will eventually lead to a corresponding increase in False Claims Act (FCA) ...
Brexit reality bites: The new dawn of trade friction
January 9, 2021, RTE
Maree Gallagher spoke with RTE about food exports under the EU-UK Trade and Cooperation Agreement. Ms. Gallagher says, “The rules of origin are key to international trade. Where does something originate? The way you determine the origin of a product is where the last substantial process happened.” She adds, “If you're sending cheese to Donnybrook Fair or ...
January 6, 2021
NEW YORK—Covington represented Ascension Health Alliance and TowerBrook Capital Partners L.P., joint owners of an investment vehicle, in an agreement with R1 RCM Inc., a provider of technology-enabled revenue cycle management services to healthcare workers, for the conversion of the 8% Series A Convertible Preferred Stock held by the joint investment vehicle to ...
January 6, 2021, MedTech Insight
Scott Danzis is quoted in MedTech Insight regarding the FDA’s final guidance on its new Safer Technologies Program for Medical Devices (STeP) program, which is intended to provide additional support to developers of medical devices that significantly improve on existing products. Mr. Danzis says that STeP is a "welcome complement" to the FDA's Breakthrough ...
January 4, 2021, Bloomberg Law
Micaela McMurrough is quoted in Bloomberg Law regarding a new law setting cybersecurity standards for Internet of Things devices that federal agencies buy. Ms. McMurrough says “The statute leverages the purchasing power of the federal government to raise the floor on IoT device cybersecurity.”
Cybersecurity And Privacy Policy To Watch In 2021
January 3, 2021, Law360
Lindsey Tonsager and Kurt Wimmer are quoted in Law360 regarding the major cybersecurity and privacy policy issues to watch in 2021. Ms. Tonsager spoke about the ramp up in California Consumer Privacy Act enforcement. She says, “The agency [California Privacy Protection Agency] will have the broadest authority in the country to issue regulations on topics like ...
Top Gov't Contracts Cases To Watch In 2021
January 3, 2021, Law360
Dan Russell spoke with Law360 about derivative sovereign immunity for a government contractor claiming to have acted on behalf of U.S. instruction. What's at stake is whether federal contractors facing similar claims have a quick route for potentially cutting off a suit, or face years of often-complex litigation, according to Mr. Russell. “The reason why ...
Gov't Contracts Policies To Watch In 2021
January 3, 2021, Law360
Sandy Hoe is quoted in Law360 regarding the FAR Council's proposed amendment to the Buy American Rules to increase the price penalties for purchasing nondomestic products. Mr. Hoe says that increase could draw a reaction from other countries if their companies find it more difficult to participate in U.S. deals. There could be “some equally domestic-favoring ...
Climate Regs Expected To Lead CFTC Policy Agenda In 2021
January 3, 2021, Law360
Anne Termine spoke with Law360 about the U.S. Commodity Futures Trading Commission’s expected focus on mitigating climate risks in 2021. Ms. Termine says, “A lot of it requires action outside of the CFTC, but I think the agency is ready to join in on discussion and provide regulations for their registered entities as necessary.”
Top Telecom Developments To Watch In 2021
January 3, 2021, Law360
Jennifer Johnson spoke with Law360 about the FCC’s spectrum sharing decision. Ms. Johnson says spectrum reorganization efforts are a prime area for cooperation in an evenly split FCC. “The expectation going forward under a Biden administration would be that there would be more coordination, and we'd be less likely to see those interagency disputes. There's ...
Covington Assists Vectrus with Acquisition of Zenetex
December 30, 2020
WASHINGTON—Covington advised Vectrus on regulatory matters in its recently announced acquisition of Zenetex, a leading provider of technical and strategic solutions focused on enabling mission readiness, performance, and enhanced protection for defense and national security clients globally. The transaction is valued at approximately $112 million, net of $11 ...
December 29, 2020, CNBC
Lord Francis Maude spoke with CNBC about the economic impacts of the recent Brexit trade deal.
December 22, 2020, The Wall Street Journal
Anne Termine spoke with The Wall Street Journal about the CFTC’s enforcement actions against Vitol, a Swiss energy firm for bribery misconduct. The Vitol settlement lays the legal foundation for future foreign corruption cases by the CFTC. While the CFTC doesn't have statutory authority to enforce antibribery laws directly, the case introduces a theory for how ...
December 21, 2020
WASHINGTON—Covington is assisting Veritas Capital-backed Gainwell Technologies in its acquisition of HMS for approximately $3.4 billion. The transaction is expected to close in the first half of 2021. Veritas will look to optimize the HMS solution set across Gainwell and Veritas-backed Cotiviti, Inc. Gainwell will acquire the HMS capabilities focused on the ...
Prince Harry and Meghan Markle Strike Gold In Hollywood
December 19, 2020, The Daily Beast
Adrian Perry is quoted in The Daily Beast regarding Prince Harry and Meghan Markle’s deals with Spotify and Netflix. Mr. Perry says, “I can’t speak to the question of Meghan and Harry specifically. But for content producers that are newer to the entertainment world, and relatively unproven in the space, having that one hit show or movie will go a long way in ...
December 18, 2020, Inside Tech Media
In April 2019, the UK Government published its Online Harms White Paper and launched a Consultation. In February 2020, the Government published its initial response to that Consultation. In its 15 December 2020 full response to the Online Harms White Paper Consultation, the Government outlined its vision for tackling harmful content online through a new...… ...
December 18, 2020, Food Navigator
Brian Sylvester spoke with Food Navigator about the legal issues for food and beverage companies to watch in 2021. Mr. Sylvester says, “I expect cell-based meat to take center stage in the evolving food regulatory conversations occurring in the U.S. and around the world. Earlier this month, in a global first, Singapore greenlighted the first ever cell-based meat ...
Top 5 Gov't Contracts Cases Of 2020: Year In Review
December 18, 2020, Law360
Kayleigh Scalzo is quoted in Law360 regarding the impact of COVID-19 on government contractors and how the Department of Housing and Urban Development could have assisted these companies. While protests related to COVID-19's impact on federal contracting had been expected, the exact context that the case came in was not, Ms. Scalzo says. “We probably all thought ...
December 15, 2020, Inside Government Contracts
Just over a year after launching the Procurement Collusion Strike Force (“PCSF”), the U.S. Department of Justice’s Antitrust Division (“DOJ”) announced new measures to further its pursuit of antitrust and related crimes in government procurement, grant, and program funding. These changes expand the PCSF’s enforcement capacity and signal DOJ’s enduring—and ...
December 15, 2020, Bloomberg Law
Peter Hutt II spoke with Bloomberg Law about Boeing’s attempt to recover $1 million the U.S. withheld in a Navy contract dispute. Mr. Hutt says the problem with the regulation Boeing is challenging “is its ‘heads-we-win, tails-you-lose’ approach that disadvantages contractors and systematically provides windfalls to the government.” He adds, “This one-sided ...
December 15, 2020, Financial Times
John Ahern spoke with the Financial Times about an investment fund that is profiting off the rents from social housing programs in the UK paid by taxpayers. The fund claimed to be a cheaper option than alternatives, such as hotels and bed and breakfasts. Mr. Ahern says, “It’s the lesser of two evils.” More high-quality homeless accommodation is good, even if ...
December 14, 2020, Inside Health Policy
Wade Ackerman spoke with Inside Health Policy about the HHS' decision to remove laboratory-developed tests from FDA oversight. Mr. Ackerman says laboratory-developed test regulation has long been a hot topic among stakeholders. “The pandemic put the nation's attention on testing, and the HHS' statement set in motion LDT regulation being an even more high-profile ...
Mastercard Loses $18.6 Billion Class Action Court Ruling
December 11, 2020, Bloomberg
Louise Freeman spoke with Bloomberg about the UK Supreme Court’s class action case against Mastercard over illegal swipe fees. Ms. Freeman says the ruling paves the way for further consumer class-action lawsuits, which were made possible by a 2015 law change, but have struggled to gain traction. The ruling means “it is not the job of the Competition Appeal ...
December 10, 2020, Inside Energy & Environment
In a recently adopted final rule, the Department of Energy (DOE) revised its National Environmental Policy Act (NEPA) implementation procedures to include LNG exports by marine vessel within a categorical exclusion from NEPA review. DOE finds that the only source of potential environmental impacts within its authority to review are those associated with ...
The Hill's Top Lobbyists 2020
December 10, 2020, The Hill
The Hill has named Covington’s Holly Fechner, Muftiah McCartin, and Bill Wichterman to its annual “Top Lobbyists” list. The list recognizes Washington’s top policy experts and influencers voicing the concerns of the nation’s largest companies, labor unions, and associations in the nation’s capital. Named to the list for the eighth consecutive year, Ms. Fechner ...
December 9, 2020
NEW YORK / WASHINGTON—Variety has named Stuart Irvin and Adrian Perry to its 2020 Dealmakers Impact Report, recognizing "top negotiators that have kept Hollywood humming." Mr. Irvin is the founder of Covington’s video games and esports practice and works in the firm’s Washington, D.C. office. He is an international leader in the field of esports and advises game ...
The Hollywood Reporter Names Adrian Perry Among New York’s Top 20 Entertainment Lawyers
December 9, 2020
NEW YORK—The Hollywood Reporter has named Adrian Perry to its New York Power Lawyers 2020 list, a recognition spotlighting New York’s top 20 entertainment lawyers. Mr. Perry is a partner in Covington’s New York office and serves as co-chair of the firm’s Music Industry practice group. Representing sports leagues and teams, record companies, television ...
Covington Assists Veritas Capital with Federal IT and Mission Support Services Acquisition
December 8, 2020
WASHINGTON—Covington is assisting Veritas Capital and its portfolio company Peraton with their pending acquisition of the federal IT and mission support services business of Northrop Grumman for $3.4 billion. The transaction is expected to close in the first half of 2021. Peraton is a trusted provider of highly differentiated space, intelligence, cyber, defense, ...
December 8, 2020, Bloomberg Law
Anne Termine is quoted in Bloomberg Law regarding the CFTC’s foreign bribery enforcement action against oil trader Vitol Inc. Ms. Termine says commodities traders “will likely sit up and take notice” of the Vitol settlement because of the expansive use of the CFTC’s powers to get at conduct that normally falls under anti-bribery laws. That “kitchen sink” ...
December 8, 2020, Law360
Anne Termine is quoted in Law360 regarding the CFTC’s vote to approve electronic trading rules. Ms. Termine says, “The electronic trading rule has been a long controversial one and one the industry is waiting for finality on. The bankruptcy rule is noteworthy because it is the first overhaul in an extremely long time.”
December 7, 2020, S&P Global
Broderick Johnson is quoted in S&P Global regarding the challenges President-elect Biden will face with Congress. Mr. Johnson says, “We have seen such excessive partisanship and oftentimes a lot of ambiguity as to what the Trump administration would accept that it became an even more difficult environment in which to get anything done even with the COVID ...
Singapore just became the first nation to approve cell-cultured meat for human consumption
December 3, 2020, The Counter
Brian Sylvester spoke with The Counter about Singapore’s approval of cell-cultured meat for human consumption, the first country to do so. Mr. Sylvester says several major issues remain unresolved for now. For instance, while FDA already regulates cells cultured for biomedical use, it does not yet stipulate how similar practices should be used for food ...
Covington Again Named Law360 Firm of the Year
December 1, 2020
WASHINGTON —Law360 named Covington as one of its Firms of the Year for the third consecutive year. The firm won eight Practice Group of the Year awards, tied for the most of any law firm. The recognition highlights the firm's depth and breadth of practice across its corporate, litigation, and regulatory practices, as well as key industry sectors like life ...
Burr, in line to lead Senate Republicans’ health strategy, has a long history of antagonizing the FDA
December 1, 2020, STAT
Wade Ackerman is quoted in STAT regarding Senator Richard Burr’s public health policies and his bipartisan efforts. Mr. Ackerman says, “He compromises. He actually is very good to negotiate with on FDA issues because he and his staff are so knowledgeable, and do want to move forward bipartisan policy.”
November 28, 2020, RTE
Maree Gallagher is quoted in RTE regarding the implications of Brexit on established food supply chains between Ireland and the UK, and the UK and the European continent. Ms. Gallagher says “until now you haven't had warehouses full of stock you have just in time delivery. So, if you run low on cheese or pizza or cauliflower an order goes in and it's delivered ...
Podcast: Brexit Republic - Fish Fights & Sausage Wars
November 27, 2020, RTE
Maree Gallagher was featured on the RTE podcast “Brexit Republic - Fish Fights & Sausage Wars.”
November 19, 2020, Inside Energy & Environment
With the UK due to host the COP 26 climate summit in a year’s time, the UK Government is keen to set out its credentials as a global ‘green‘ leader and demonstrate not only that it can make good on its election promise to level up (with much of the promised Green Industrial Revolution investment...… Continue Reading
November 19, 2020, Pink Sheet
Paula Katz is quoted in the Pink Sheet regarding her record requests from the FDA on behalf of her clients. Ms. Katz says clients have asked the firm to reply to the official listed as the contact on the records request and “ask for a teleconference to discuss the request and make sure that the things you’re providing are effective and responding and that you ...
November 16, 2020
WASHINGTON—Global Banking Regulation Review has named Covington partner Michael Nonaka to its “45 Under 45,” a list of the leading, next-generation banking regulation specialists. Mr. Nonaka is co-chair of the Financial Services Group and advises banks, financial services providers, and non-bank companies on a broad range of compliance, enforcement, ...
November 16, 2020, Bloomberg Law
Karen Solomon is quoted in Bloomberg Law regarding FDIC Chair Jelena McWilliams's final potential acts as part of the Trump administration as it relates to "valid when made" and "true lender" rules. According to Ms. Solomon, McWilliams and the administration would also have to weigh the potential impact of lawsuits challenging both the FDIC's and OCC's "valid ...
November 12, 2020
SAN FRANCISCO—The Daily Journal has named Lindsey Tonsager to its 2020 Top Cyber Lawyers list, a recognition of the leading California lawyers who specialize in cybersecurity law. Ms. Tonsager is a partner in Covington’s San Francisco office and serves as vice chair of the firm’s global privacy and cybersecurity practice, as well as head of its West Coast ...
What a Biden Win Means for Comp Committees
November 9, 2020, Agenda
Michael Francese spoke with Agenda about the Biden Administration’s impact on compensation committees. Mr. Francese says, “Biden’s platform is pretty vague on compensation matters.” He says Biden is “very focused” on tax rates for individuals, corporations, and estates. “Those will all kind of filter into compensation decisions,” he adds. He adds if any quick ...
November 8, 2020, Law360
Eric Mogilnicki is quoted in Law360 regarding bank regulation in a Biden presidency. Mr. Mogilnicki says with more banks and nonbank lenders seeking to deploy alternative data sources and machine learning in lending, the Biden administration will have a unique opportunity to address growing frictions between those new technologies and decades-old regulatory ...
Biden's Win Means Big Business For BigLaw
November 7, 2020, Law360
Gary Guzy spoke with Law360 about BigLaw’s likely boom under a Biden Administration. Mr. Guzy says his team expects the Biden administration to take “immediate and sweeping” steps to address climate change and will make the transition to cleaner energy a big part of its economic recovery plans. “This will present extensive new investment, innovation, and project ...
November 6, 2020
PALO ALTO/SAN FRANCISCO —The Daily Journal has named Suzanne Bell and Sonya Winner to its 2020 “Top Women Lawyers,” a recognition of the top women lawyers in California. Ms. Bell co-chairs the firm’s Technology & IP Transactions Practice Group. She is widely recognized as a pioneer in the field of technology transactions and was one of the first lawyers to ...
Nominees to Dominate Banking Committee Agenda
November 6, 2020, Bloomberg Law
Jeremy Newell spoke with Bloomberg Law about the nominations for key financial regulatory positions, a topic the Senate Banking panel will have to address under a Biden administration. He says, “It’s an incredibly difficult issue in terms of getting to legislation you could actually move forward.”
Lobbyists prepare to navigate a divided Senate
November 5, 2020, Politico
Robert Kelner, Zachary Parks, and Brendan Parets’ article, “Guidance Regarding Contributions to Recount and Election Dispute Funds,” was quoted in Politico.
Prop 24 passes in Calif., paving way for CPRA
November 5, 2020, IAPP
Lindsey Tonsager spoke with IAPP about California's Proposition 24. Ms. Tonsager says, “Privacy pros should be reminding their colleagues that even though we now know the CPRA has passed, many of the CPRA’s details still need to be clarified and defined through regulation.” Establishment of the new enforcement agency will also be worth paying attention to. She ...
These are the big law firms Trump and Biden could tap if the election ends up in court
November 5, 2020, Financial News
Eric Holder and Covington are mentioned in Financial News regarding the firm’s representation of the Biden campaign.
November 4, 2020, Los Angeles Times
Lindsey Tonsager is quoted in the Los Angeles Times regarding California’s Proposition 24, which will have major implications for online privacy. Ms. Tonsager says companies will be watching the composition of the board closely. She adds, “There is going to be a lot on the line depending on how this newly constituted board decides to interpret and enforce the ...
November 4, 2020, Law360
Muftiah McCartin and Bill Wichterman spoke with Law360 about the U.S. Senate’s uncertainty and its impact on COVID-19 pandemic relief. Ms. McCartin says a quick action on a continuing resolution would clear the decks for budget writers to tackle a major stimulus bill and the fiscal year 2022 budget. Other expiring items could get pushed into next year, including ...
November 3, 2020
LONDON–Ambassador Thomas Reilly has joined Covington’s Global Public Policy Practice in London as the head of the firm’s UK Public Policy team. Ambassador Reilly most recently served as the British Ambassador to Morocco between 2017 and 2020, building deeper political and economic ties between the two countries. During his time as ambassador, he led the ...
Three Covington Partners Named Law360 MVPs
November 2, 2020
WASHINGTON—Law360 has named three Covington lawyers as MVPs. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Jay Carey was recognized for helping data services giant Optum successfully ...
November 2, 2020, Medtech Insight
Wade Ackerman is quoted in Medtech Insight regarding the impact of the 2020 presidential election on FDA regulations. Mr. Ackerman says the outcome of the election may have a significant effect on the leadership of U.S. FDA, with either winner bringing marked differences in policies and priorities. In a note to clients, he outlined some differences medtech ...
November 2, 2020, Natural Food Products Insider
Natural Food Products Insider included Miriam Guggenheim’s remarks from the "Now, New, Next" conference about the legalization of CBD products through Congress, not the FDA. Ms. Guggenheim doubts that FDA would be the one to make CBD a lawful dietary ingredient in supplements. “It will happen from Congress. It’s possible that FDA will make a little clearer ...
November 2, 2020, Inside Defense
Zachary Mears is quoted in Inside Defense regarding the policy changes at the DoD that could occur if Joe Biden wins the 2020 presidential election. Mr. Mears says even the Trump administration is projecting flat defense budgets in the coming years. He adds the more significant difference in a Biden administration would be priorities, including moving away from ...
October 30, 2020
WASHINGTON—Covington represented GovernmentCIO, LLC, a leading provider of high-end technology and digital solutions to the Federal Health IT Services market, in its sale to Welsh, Carson, Anderson & Stowe. GovCIO is a rapidly growing provider of advanced technology solutions and digital services to the federal government. In the 10 years since its founding, ...
October 29, 2020, SHRM
Lindsay Burke and Carolyn Rashby spoke with SHRM about the actions employers can take when employees are not social distancing during the COVID-19 pandemic. Ms. Burke says, “Disciplining an employee for not wearing a mask while off duty or, for example, attending large events could violate these laws. But if a jurisdiction with an off-duty law has an executive ...
Advice on International Compliance With US Laws
October 27, 2020, Fraud Today
Ben Haley spoke with Information Security Media Group about international compliance with US compliance laws. In the interview, Ben discusses implementing compliance programs, the impacts of DOJ guidance, and how the guidance might impact compliance practitioners.
October 22, 2020, Global Banking Regulation Review
Randy Benjenk spoke with Global Banking Regulation Review about the FDIC’s newly adopted net stable funding ratio. Mr. Benjenk says with the U.S. presidential election looming, it is unlikely that the NSFR rules will be revisited soon even if there is a change in political administration. “The NSFR has not been as big of a political focus as other prudential ...
October 21, 2020, Thomson Reuters
Andrew Jack and Kevin Poloncarz are quoted in a Thompson Reuters article regarding the emergence of ESG and sustainability focused practices within major law firms. The article describes Covington's 100+ lawyer cross-disciplinary sustainability solutions team as the largest ESG Big Law undertaking and highlights the firm's focus on carbon reduction; corporate ...
Lobbying revenue stays strong despite pandemic election
October 21, 2020, Politico
Muftiah McCartin is quoted in Politico regarding the firm’s lobbying efforts in the third quarter of 2020. Ms. McCartin says, “As we expected, our LDA numbers are still impacted by the pandemic's toll on legislative activity. However, we expect a very sharp uptick in the post-election period both in the U.S. and in our global policy practice. Should there be a ...
Cell-Cultured Meat Startups, NAMI, Urge USDA to Gather More Data Before Issuing a Proposed Rule on Labeling
October 19, 2020, Food Navigator
Brian Sylvester is quoted in Food Navigator regarding the USDA’s labeling of cell-cultured meats. Mr. Sylvester says that he didn't think an Advance Notice of Proposed Rulemaking (ANPR) would extend the timeline in a meaningful way. “Instead, it could actually be an efficient means of collecting needed data sooner rather than later to lay the foundation for a ...
October 19, 2020, The Wall Street Journal
Yan Luo is quoted in The Wall Street Journal regarding China’s new export restrictions. Ms. Luo says, “With recent events, China feels a greater need to have this export law in place.” Chinese authorities feel that export-control measures have been used against Chinese companies and they need a way to reciprocate. “The precise point is we don't know how they ...
October 16, 2020, Communications Daily
Gerry Waldron is quoted in Communications Daily regarding the presidential election’s impact on the current dysfunction between the FCC and other federal agencies on spectrum management. Mr. Waldron says Capitol Hill will likely want to watch to see if the relationship between the FCC and other agencies “gets better on its own” in either a Biden or Trump ...
October 16, 2020, Politico
Kevin Coates spoke with Politico about a move unveiled by the U.S. Secretary of State demanding greater foreign funding disclosure. Mr. Coates described the move as “Partly right, partly wrong.” Right that “think tanks disclose foreign governments. Wrong that it doesn’t also cover think tanks disclosing all funding, foreign and domestic, state and private. ...
Brexit Talks
October 16, 2020, Sky News
Francis Maude provided updates on Brexit negotiations in an interview with Sky News.
October 15, 2020, Global Investigations Review
Anne Termine is quoted in Global Investigations Review regarding this year’s aggressive spoofing enforcement from the CFTC. Ms. Termine says the marked increase in the agency’s spoofing-related enforcement actions in recent years is due to the software generating more leads. She adds that the marked increase in the agency’s spoofing-related enforcement actions ...
Why Doesn't Britain Work?
October 15, 2020, Red Box
Francis Maude recently appeared on The Red Box Politics Podcast to discuss COVID-19, Brexit, and other current issues in the UK.
October 9, 2020, The Rose Sheet
The Rose Sheet covered Gerald Masoudi and Peter Hutt’s FDA panel at the FDLI annual conference, “Time for Independent U.S. FDA? COVID-19 Political Pressure Reignites Debate.” Mr. Masoudi suggests some benefits to the current reporting structure. “If you look at the other functions within HHS with which FDA interacts on a regular basis,” such as the Centers for ...
October 7, 2020, Food Navigator
Brian Sylvester spoke with Food Navigator about the labeling of cell-cultured seafood. Mr. Sylvester says, “USDA has not yet invited public comment on the labelling of cell-cultured meat & poultry but is expected to do so in due course. It is reasonable to expect that USDA will ultimately put out a similar request and will collaborate with FDA on reviewing ...
October 5, 2020
SAN FRANCISCO— The Recorder has named Covington’s Lindsey Tonsager to its second annual list of “California Trailblazers.” The list profiles 50 lawyers who made significant marks on the practice, policy, and technological advancement of their practice. As head of Covington’s West Coast Privacy and Cybersecurity practice, Ms. Tonsager helps some of the world’s ...
October 2, 2020, Global Risk Regulator
John Ahern and Francis Maude are quoted in Global Risk Regulator regarding trade deals that will significantly impact the city of London. Mr. Ahern spoke about a UK-Japan trade deal that will improve financial services access. He says, “It is good the UK reached an agreement with Japan, it gives confidence that deals can be concluded elsewhere, but Japan is not ...
October 2, 2020, Global Risk Regulator
John Ahern and Francis Maude are quoted in Global Risk Regulator regarding the European Union’s pursuit to compete with the UK in financial services. Mr. Maude says, “One of the criticisms of the EU generally is that it tends to focus on competition within the EU. The UK focuses on competitiveness globally and the balance is not on lower levels of regulation. ...
Gerald Masoudi Rejoins Covington
October 1, 2020
WASHINGTON—Gerald Masoudi, former General Counsel of Celgene Corporation and then JUUL Labs, has rejoined Covington’s Food, Drug, and Device Practice Group in Washington as a partner. Mr. Masoudi has more than 25 years of broad experience in the life sciences industry. He served as Chief Counsel of the U.S. Food and Drug Administration from 2007 to 2009. He ...
October 1, 2020, NPR
Julie Dohm is quoted in NPR regarding the use of unproven COVID-19 treatments and compounded drugs. Regarding compounded drugs, Ms. Dohm says, “They are subject to a lower quality standard, and so it's very important that they really only be used when medically necessary.”
Fed CRA plan seen as bridging divide with OCC
October 1, 2020, American Banker
Randy Benjenk is quoted in the American Banker regarding the Federal Reserve's proposal to modernize the Community Reinvestment Act, which could bridge the divide with the OCC. Mr. Benjenk says that some provisions of the Fed’s outline are “strikingly similar to the OCC’s final rule, either in concept or execution.” He adds, “The commonalities may be a ...
Attorneys say Defense Dept. must provide more transparency on audit results from CMMC program
September 30, 2020, Inside Cybersecurity
Susan Cassidy is quoted in Inside Cybersecurity regarding the request from contractors for greater transparency on audit results from the DoD’s Cybersecurity Maturity Model Certification program. Ms. Cassidy says she is concerned about how the relationship will work between the prime and subcontractor. “All contractors will need to have a basic assessment [under ...
September 29, 2020, Inside Government Contracts
On September 22, 2020, President Trump issued the Executive Order on Combating Race and Sex Stereotyping (“EO”) establishing requirements aimed at “promoting unity in the Federal workforce,” by prohibiting workplace training on “divisive concepts,” including “race or sex stereotyping” and “race or sex scapegoating” as newly-defined in the EO. The EO is broadly ...
Contractors Seek Clarity On DOD Cybersecurity Rule
September 29, 2020, Law360
Susan Cassidy spoke with Law360 about protection of CUI forms in the Cybersecurity Maturity Model Certification. Ms. Cassidy says, “Bottom line, they still have never defined CUI in a way that's meaningful. It's the bedrock of the whole rule. And contractors really want to comply, I believe. They don't want their systems to be hacked. But the definition really ...
September 25, 2020
WASHINGTON—The Deal recognized Catherine Dargan as its Healthcare, Pharma & Biotech Dealmaker of the Year at its annual “Deal Awards.” Ms. Dargan has advised numerous companies on their important strategic transactions for over 20 years. She has broad experience in mergers and acquisitions, both public and private (domestically and cross-border), and partnering ...
September 25, 2020
WASHINGTON—Covington represented leading defense contractor Amentum on government contracts and other regulatory matters in its just-announced deal to acquire DynCorp International, a worldwide leader in aviation and logistics support service. Together, the two companies will create one of the largest providers of mission critical support services. The ...
September 25, 2020, Politico
Maree Gallagher and Marie Doyle-Rossi are quoted in Politico regarding Brexit’s impact on the U.K. and Irish pharmaceutical industry. Ms. Gallagher explains that as things currently stand, on January 1, the MHRA will be responsible for regulating medicines in Northern Ireland. However, medicines moving from Great Britain into Northern Ireland (or indeed, from ...
September 22, 2020, MedTech Insight
Shankar Duraiswamy is quoted in MedTech Insight regarding the uncertainty around the Affordable Care Act’s coverage of medtech after the passing of U.S. Supreme Court Justice Ruth Bader Ginsburg. Mr. Duraiswamy points out that Justice Roberts has previously "narrowly ruled that that some parts of the ACA can be severed from the individual mandate" and remain ...
Why Cash-Strapped Towns Are Suing Streaming Giants
September 17, 2020, The Hollywood Reporter
Mitch Kamin is quoted in The Hollywood Reporter regarding the current lawsuits many small towns are taking up with streaming services. Mr. Kamin says, “It’s going to be an uphill battle [for cities]. The law just wasn’t structured with streaming in mind.”
September 17, 2020, Law360
Kurt Wimmer spoke with Law360 about the recent global changes to privacy law. He says, “It's been quite busy in parliaments around the world on the privacy front, and part of the reason for that is the fact that when the GDPR went into effect, a lot of countries saw that and said, 'This is a real development. Now it's our turn to think about what we're going to ...
'No Quick Fix’ After Privacy Shield
September 14, 2020, Communications Daily
David Bender spoke with Communications Daily about the European Court of Justice’s decision in Schrems II being challenged in Ireland. Mr. Bender says since the decision, it has been a “very confusing time.”
CFTC Issues Guidance on Corporate Compliance Program
September 10, 2020, The Wall Street Journal
Anne Termine is quoted in The Wall Street Journal regarding a memo from the U.S. Commodity Futures Trading Commission detailing how it will evaluate corporate compliance programs. Ms. Termine says, “It’s making clear the expectation that industry and market participants should operate in a certain way and have clear and robust systems and controls.” The guidance ...
September 3, 2020, Inside Cybersecurity
Susan Cassidy is quoted in Inside Cybersecurity regarding new rules and procedures around the operations of the Federal Acquisition Security Council. Ms. Cassidy says, “The FASC has a tremendous amount of discretion on how they can collect information internally, through contractors and from nonfederal entities. It is unclear to me how broadly that information ...
September 2, 2020
BRUSSELS–Covington has named Dan Cooper to lead its European data protection practice as co-chair of the firm’s global Data Privacy & Cybersecurity Practice, and he has relocated to Brussels to be closer to the institutions and courts that govern the European data privacy landscape. The firm has more than 100 lawyers focused on data privacy and cybersecurity ...
Temperature Screenings: Review State Laws
September 1, 2020, SHRM
Carolyn Rashby spoke with SHRM about the U.S. state laws regarding temperature checks during the COVID-19 pandemic. Ms. Rashby says temperature screens should be required only on days when employees are coming to a worksite, not when they are telecommuting. “Requiring temperature screenings at home may be a better approach for many businesses, including for ...
August 27, 2020, Medtech Insight
Scott Danzis spoke with Medtech Insight about a Department of Health and Human Services announcement stripping the FDA of its oversight over Laboratory Developed Tests, or LDTs. Mr. Danzis says, “By the terms of the policy that was issued, it is not restricted to COVID-19 LDTs. It is broader than that. Moreover, we’ve had recent discussions with senior HHS ...
What The FDA’s Inspections Q&A Guidance Really Means: It’s Time To Offer Virtual Inspections
August 25, 2020, The Pink Sheet
Tom Cosgrove is quoted in The Pink Sheet regarding virtual inspections conducted by the FDA during the COVID-19 pandemic. Mr. Cosgrove says, “We were hoping to see some progress on remote or virtual facility inspections.” He notes that the agency has been working hard to avoid the need for pre-approval inspections by, for example, requesting records and talking ...
August 24, 2020, American Banker
Dwight Smith spoke with the American Banker about the impact of a presidential change in 2020 on government-sponsored enterprises. Mr. Smith says, “As far as the Trump administration goes on the GSEs, they've got their path forward with the plan that came out last September. I would think that the FHFA and the enterprises would just keep moving forward.” He ...
EU's AI Regulations Could Lay Blame With CTO
August 18, 2020, Waters Technology
John Ahern is quoted in Waters Technology regarding the unintended consequences of AI regulation. Mr. Ahern shares that if the EC isn’t careful in writing future AI legislation, that the old law of unintended consequences could kick in. “What we need to be attentive to is where in the chain of liability are individuals affected. Think, for example, of the CTO: ...
EU-U.S. privacy rift leaves businesses in disarray
August 12, 2020, Axios
David Bender is quoted in Axios regarding the EU-U.S. Privacy Shield, which was recently struck down in Europe, but still stands in the U.S. Mr. Bender says, “It's a tough situation for a lot of companies. Frustrated and confused is how I'd describe the general mood.”
August 11, 2020, SHRM
Carolyn Rashby is quoted in SHRM regarding the travel restrictions employers can place on employees when considering the spread of COVID-19. Ms. Rashby says regulating where employees go on vacation could conflict with some state laws protecting off-duty conduct and could hurt morale. Regarding pre-travel inquiries, she says employers generally can require ...
Rising Star: Covington's Kayleigh Scalzo
August 10, 2020, Law360
Kayleigh Scalzo has been named a Law360 Rising Star in Government Contracts.
Rising Star: Covington's Jennifer Saperstein
August 7, 2020, Law360
Jennifer Saperstein has been named a Law360 Rising Star in Compliance.
Trump's US-Made Drug Decree Sows Uncertainty In Industry
August 7, 2020, Law360
Jennifer Plitsch spoke with Law360 about a presidential executive order calling for federal agencies to be required to buy domestically produced versions of medicines. Ms. Plitsch says, “Those will be significant, certainly at the outset [of the order going into effect], in light of the current market.” She adds that under the definition of "produced in the ...
Why an OCC payments charter may not become reality
August 5, 2020, American Banker
Karen Solomon is quoted in the American Banker regarding the Office of the Comptroller of the Currency’s new charter license for payments companies. Ms. Solomon says, “Whether a payments charter would be less likely to attract a lawsuit depends, at least in part, on the legal theory that the OCC uses to support it. If the theory underlying the payments charter ...
Never-before-seen photos from Clinton’s impeachment
August 1, 2020, CNN
Michael Imbroscio’s role in the Clinton Administration during the impeachment process was highlighted by CNN. Mr. Imbroscio served as an Associate Counsel to the President.
PROJECT 38: How the ban on Chinese tech impacts GovCon
July 30, 2020, Washington Technology
Samantha Clark appeared on Washington Technology’s Project 38 podcast to discuss how the ban on Chinese technology impacts government contracts.
July 29, 2020
NEW YORK—Billboard has named Adrian Perry and Jonathan Sperling among its “2020 Top Music Lawyers.” This annual list recognizes the music industry’s leading lawyers in fields that include talent representation, music publishing, streaming, and litigation. Mr. Sperling, a trial lawyer with twenty-five years of experience, co-chairs the firm’s Music Industry ...
Rising Star: Covington's William Woolston
July 28, 2020, Law360
William Woolston has been named a Law360 Rising Star in Benefits.
July 21, 2020, Law360
Anne Termine is quoted in Law360 regarding the impact that the Dodd-Frank Act has had on the opaque swaps market. Ms. Termine says, “The No. 1 goal is transparency of an opaque market. I think that has been a success. The problem is: Has it created almost too strict of a structure?”
BigLaw Lobbyists Build On The Year's Gains In Q2
July 21, 2020, Law360
Muftiah McCartin is quoted in Law360 regarding the firm’s lobbying efforts in the second quarter of 2020. Ms. McCartin says, “The COVID-19 pandemic fundamentally altered our work this spring. Now in the throes of summer, we see a constant drumbeat of clients seeking assistance as they deal with unprecedented economic and health care pressures.”
China unveils draft Data Security Law
July 20, 2020, Law360
Yan Luo is quoted in Global Data Review regarding China’s proposed data law intended to protect national security and the development of the digital economy. Ms. Luo says the law marks “a step forward” in establishing a regulatory framework for data security in China. She notes that the proposal has a particular focus on the governance of “important data”, ...
July 20, 2020, Bloomberg Government
Muftiah McCartin spoke with Bloomberg Government on the impact of COVID-19 on lobbying in the second quarter of 2020. Ms. McCartin says that although COVID-19 drove most of their work, clients “are calling on us to help assess and navigate broader social policies such as environmental sustainability and police reform.”
OCC Proposes Rule To Settle 'True Lender' Question
July 20, 2020, Law360
Karen Solomon is quoted in Law360 regarding the Office of the Comptroller of the Currency’s proposed rule to clarify the “true lender” question. Ms. Solomon says, “The OCC's proposal is a clear and very straightforward way of resolving the true lender issue.” She adds the OCC makes clear in its notice that if a bank is designated the loan originator, it will ...
July 17, 2020, Legaltech News
Kristof Van Quathem is quoted in Legaltech News regarding the continuation of shared data between the EU and the United States after the invalidation of the Privacy Shield. Mr. Van Quathem says companies are exploring encryption and other technical safeguards for EU data transferred to the U.S. He added that more organizations are also considering prohibiting ...
July 17, 2020, Law360
Broderick Johnson spoke with Law360 about Congress’ urgency to pass another comprehensive pandemic relief package. Mr. Johnson says, “The necessity and urgency of getting something done over the next several weeks seems pretty clear. It's in the interest of the White House, it's in the interest of House Democrats, and it's in the interest of Senate ...
July 16, 2020
BRUSSELS-- Today, the European Court of Justice (“CJEU”) issued a landmark decision striking down the EU-U.S. Privacy Shield — an agreement between EU and U.S. authorities authorizing transfers of EU personal data to the United States — but upholding the validity of standard contractual clauses (“SCCs”), another mechanism that EU-based organizations use to ...
July 16, 2020, The Guardian
Lisa Peets spoke with The Guardian about the European Court of Justice’s decision to invalidate the EU-U.S. Privacy Shield, in which social media companies could be prevented from sending data to the United States from Europe. Ms. Peets says the ruling is not a total halt on data transfers between the EU and U.S. The court upheld the use of “standard contractual ...
Schrems II sparks data transfer chaos and confusion
July 16, 2020, Global Data Review
Lisa Peets is quoted in Global Data Review regarding the European Court of Justice’s decision to invalidate the EU-US Privacy Shield. Ms. Peets, who represented software trade body BSA as an intervening party, says companies are unlikely to immediately stop their SCCs – saying that “halting existing transfers would be all but impossible from a practical ...
Top EU Court Strikes Down Popular Data Transfer Tool
July 16, 2020, Law360
Lisa Peets spoke with Law360 about European Court of Justice’s invalidation of the EU-U.S. Privacy Shield. Ms. Peets, who represented the Software Alliance, says the decision to reject the Privacy Shield without holding arguments on the merits of the tool — an issue that wasn't directly before the high court in this dispute — was “disappointing to many.” She ...
July 16, 2020, Law.com
Lisa Peets is quoted in Law.com regarding the European Court of Justice’s judgment in the EU-U.S. Privacy Shield. Ms. Peets says that the judgment means that the 5,000 or so U.S. companies signed up to the Privacy Shield will have to find an interim solution until EU and U.S. officials have worked out a new data protection deal. “The invalidation of the Privacy ...
July 14, 2020
LOS ANGELES—Variety has named Covington partners Matthew DelNero, Mitch Kamin, Robyn Polashuk, and Neema Sahni to its 2020 Legal Impact Report. Variety notes that “these legal eagles made massive deals and litigated thorny disputes for entertainment industry clients, studios and networks.” In its feature, Variety notes Covington as a “go-to for TV programmers,” ...
July 14, 2020, Global Data Review
Yan Luo spoke with Global Data Review about China’s new provisions regarding the right to privacy and protection of personal information. Ms. Luo notes that the privacy provisions in the code are stated “only at a high level” – though she does point out that the provisions “remain consistent with [the] Cybersecurity Law.” She says the Civil Code and its privacy ...
Responding to Employees’ Spouses’ Coronavirus Concerns
July 7, 2020, SHRM
Carolyn Rashby spoke with SHRM about obligations of employers towards employees’ spouses’ COVID-19 concerns. Ms. Rashby says if an employee says his or her spouse is worried about the employee returning to work due to the spouse’s or a family member's health issues, the employer isn't obligated to take those concerns into account unless the worker's need to care ...
July 6, 2020
WASHINGTON— Law360 has named Covington partners Sean Akins, Dustin Cho, Adrian Perry, Jennifer Saperstein, Kayleigh Scalzo, Ashley Simonsen, and William Woolston among its “Rising Stars.” Covington’s seven “Rising Stars” were the most of any firm this year. This annual recognition honors top lawyers under 40 “whose legal accomplishments transcend their age.” ...
July 6, 2020
BRUSSELS—Covington advised airBaltic on the notification to the European Commission of a €250 million recapitalization by the Latvian government. The measure was approved today under the EU’s Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak. In the second quarter of 2020, Member States and non-EU countries ...
Chinese law may require companies to disclose cyber-security preparations outside China
July 3, 2020, Computer Weekly
Yan Luo is quoted in Computer Weekly regarding China’s new draft data security law. Ms. Luo says, “China is considering allowing the law to have an extra-territorial effect that we have not seen before. They want to counteract the extra-territorial effect of U.S. law.” She adds that the law may require a technical audit of a company’s cyber security and to ...
June 30, 2020, Bloomberg Law
Anne Termine is quoted in Bloomberg Law regarding the increased credit risks within the global financial system due to the slow progress in replacing Libor. Ms. Termine says, “Libor was beautiful in its simplicity because you had one type of rate structured one way to be applied across multiple currencies. There are no easy answers.”
June 27, 2020
WASHINGTON—Covington represented Piramal Enterprises Limited (PEL) in the sale of a 20% stake in Piramal Pharma Limited (Piramal Pharma), a wholly owned subsidiary of PEL that will contain its pharmaceutical businesses, to CA Clover Intermediate II Investments, an affiliated entity of CAP V Mauritius Limited, an investment fund managed and advised by affiliated ...
Germany flexes its muscles on foreign investment
June 25, 2020, Financial Times
Horst Henschen is quoted in the Financial Times regarding Germany’s investment into CureVac, a biopharmaceutical company attempting to find a COVID-19 vaccine. Mr. Henschen says, “Kuka was the trigger, but it’s a general policy shift. Ten years ago, Germany, an export country, was very much for globalization and no one thought of introducing hurdles. The shift ...
June 24, 2020
LOS ANGELES—Daily Journal has named Anita Stork to its 2020 Top Antitrust Lawyers, a recognition of the leading California lawyers who specialize in antitrust litigation. Ms. Stork is a partner in our San Francisco office and the co-chair of the firm's Antitrust Litigation Practice Group. She is an experienced, nationally recognized litigator who has ...
UK expands public interest merger review powers
June 22, 2020, Global Competition Review
James Marshall spoke with Global Competition Review about a new law in the UK that will review and block foreign takeovers that would otherwise threaten its ability to deal with public health emergencies. Mr. Marshall says the proposals “reflect a rapid uptick in foreign investment control across Europe” since the start of the coronavirus pandemic.
June 22, 2020, Bloomberg Law
Kayleigh Scalzo is quoted in Bloomberg Law regarding the decision by losing bidders for federal contracts not to protest COVID-19 contract awards in court or before the agency responsible for ensuring contract integrity. According to Ms. Scalzo, staying on the good side of the federal agencies that many contractors have long-term relationships with may explain, ...
June 20, 2020, The Economist
Eric Carlson spoke with The Economist about the legal implications of the widespread use of company chops in China. On the potential for disputes involving company chops in China, Mr. Carlson says, “managers sometimes misuse seals to enter side contracts. Lawsuits to reclaim a chop can drag on, so many cases are resolved out of court. But technology is catching ...
June 18, 2020, Global Competition Review
Horst Henschen and Peter Camesasca spoke with Global Competition Review about the European Union’s new tools to address competitive distortion. Mr. Henschen says the supervisory authority will have “very broad powers to intervene.” The idea that the commission should be the competent supervisory authority may also “lead to a lively debate.” Mr. Camesasca says ...
Europe Takes Steps to Block Chinese Bargain Hunters
June 17, 2020, New York Times
Horst Henschen spoke with the New York Times about Europe’s plan to keep Chinese-backed companies from acquiring cheap assets during the COVID-19 pandemic. Mr. Henschen says the measures would give European officials “very broad powers.”
June 16, 2020, Risk
Jeremy Newell is quoted in Risk regarding the secured overnight financing rate (SOFR) and its effort to replace LIBOR, the long-standing benchmark rate used around the world. amid the pandemic. Mr. Newell says, “It’s a perfect microcosm of exactly how this debate between Libor and SOFR has gone. They attempted to stick to the script and insist on SOFR for ...
CBD companies get hit with wave of class action lawsuits
June 15, 2020, Politico
Miriam Guggenheim spoke with Politico about the proliferation of CBD retailers and manufacturers and the wave of recent class-action lawsuits. Ms. Guggenheim says, “It's an area of uncertainty. I do think this is an area where FDA has primary jurisdiction, and the courts should allow at least the questions of the legality of CBD or hemp extracts to be determined ...
June 12, 2020, BioSpace
Wade Ackerman is quoted in BioSpace regarding the decentralization of clinical trials in the pharmaceutical industry. Mr. Ackerman says the “all hands on deck” approach to the pandemic by Congress and the FDA set the stage for clinical trial innovation. “It has set up a lot of conversations about where telehealth is, and where it will be six months from now,” he ...
Lawyers Uneasy as COVID-19 Delays Africa Free Trade Deal
June 11, 2020, Law.com International
Witney Schneidman is quoted in Law.com International regarding the postponement of the African Continental Free Trade Area (AfCFTA) due to a concentration on limiting the spread of COVID-19. Mr. Schneidman says, “AfCFTA will give Africa more control over its own destiny, and accelerate economic growth.” Speaking on the cross-border impacts of AfCFTA, he adds, ...
June 10, 2020, Bloomberg
Samantha Clark spoke with Bloomberg about the threat to government contractors over the Huawei ban. Ms. Clark says, “It’s inevitable to find Huawei prevalent in systems across China, Europe, and Africa. Some companies that might sell products that eventually get bought by the U.S. government’s many links down the line don’t even realize just how much they are ...
June 9, 2020, STAT News
Julie Dohm is quoted in STAT News regarding the FDA’s temporary policy allowing smaller pharmacies to make certain drugs for treating COVID-19 without first receiving a patient’s prescription for the drug. The condition for this new policy is that the pharmacies sell the drugs to a hospital that can prove it could not source the drugs from elsewhere. Ms. Dohm ...
Wade Ackerman and Amy Toro Named Top Health Care Lawyers
June 8, 2020
LOS ANGELES—Daily Journal has named Wade Ackerman and Amy Toro to its 2020 Top Health Care Lawyers, a recognition of the leading California lawyers who specialize in health care litigation, transactions, and counselling. Mr. Ackerman, a partner in our Los Angeles office, advises clients on complex FDA issues that require coordinated legal, regulatory, and public ...
OCC Initiates Push To Reassess Banking Innovation Rules
June 4, 2020, Law360
Karen Solomon spoke with Law360 about the Office of the Comptroller of the Currency’s push to speed up the digital transformation in banking. Ms. Solomon says, “Acting Comptroller Brooks has been a strong advocate for the use of technology in banking. This ANPR clearly places technology and innovation at the top of his agenda for the OCC.” The agency’s request ...
June 4, 2020, Med City News
Libbie Canter is quoted in Med City News regarding the privacy concerns for employers seeking to track employees in order to limit the spread of COVID-19. Ms. Canter says when it comes to contact tracing and location monitoring, companies should be cautious in the questions they ask and how much data they collect. She adds, “Companies need to think about not ...
May 28, 2020, American Banker
Jeremy Newell is quoted in the American Banker regarding the Federal Reserve’s plan to publish stress tests results of banks’ pre-coronavirus condition. According to Mr. Newell, “It could be that the Fed could take the sensitivity analysis, and if they saw results that were especially concerning for them, use that as the basis of individual engagement with a ...
Lawyers encouraged by CFTC vow to avoid piling on
May 27, 2020, Global Investigations Review
Anne Termine spoke with Global Investigations Review about the U.S. Commodities and Futures Trading Commission’s vow to recognize punishments issued by other agencies when calculating its own civil penalties. Ms. Termine says the new guidance lacked information about the technical aspect of penalty calculations, such as how investigators decide how many separate ...
When Is Fear a Protected Reason for Not Coming to Work?
May 26, 2020, SHRM
Carolyn Rashby spoke with SHRM about the decisions companies will have to make when employees are fearful of entering the office due to COVID-19 concerns. Ms. Rashby says after decisions about who can and can't work remotely are made and communicated, disciplining or firing employees who refuse to come in out of a generalized fear likely is permissible in many ...
May 26, 2020, STAT News
Thomas Cosgrove is quoted in STAT News regarding the cost for U.S. pharmaceutical companies to produce drugs domestically. Mr. Cosgrove says, “What would it take the supply chain to come all the way back to the U.S.? It’s simple: It will take decades and billions.”
May 20, 2020, Financial Times
Christopher Hanson is quoted in the Financial Times regarding the private sector’s undertaking of COVID-19 testing for its employees. Mr. Hanson notes that diagnostic testing “presents an array of regulatory considerations” in the U.S., such as checking whether a test has been approved by regulators. He says that even in the U.S. “the landscape is changing ...
OCC Goes It Alone on Anti-Redlining Rule Rewrite
May 20, 2020, Bloomberg Law
Randy Benjenk is quoted in Bloomberg Law regarding new anti-redlining rules from the Office of the Comptroller of the Currency. Mr. Benjenk says the OCC’s plans to assess new data as banks are still complying with existing CRA rules is going to create problems for the industry and the agency’s examiners. He adds, “CRA personnel are going to have to be doing many ...
OCC Finalizes Overhaul Of Community Lending Rules
May 20, 2020, Law360
Randy Benjenk spoke with Law360 about the Office of the Comptroller of the Currency’s overhaul of bank regulations of lending to low-income and underserved communities. The rulemaking document still leaves some open questions, including what specific numerical thresholds and benchmarks banks will be judged against under the revised grading methodology. Mr. ...
May 19, 2020, Bloomberg
Daniel Cooper spoke with Bloomberg about new wearable technology devices that alert users when they are within close proximity of someone with COVID-19. Mr. Cooper notes that businesses are walking a fine line between keeping people safe and protecting their privacy. The absence of clear guidance from European regulators is forcing companies -- who could also be ...
May 17, 2020, Kyiv Post
Democracy in the times of COVID-19 with Věra Jourová
May 14, 2020, Bruegel
Michael Leigh participated in a webinar with Bruegel entitled, “Democracy in the times of COVID-19 with Věra Jourová,” to discuss how Europe can uphold its democratic values during the COVID-19 pandemic.
May 13, 2020, Roll Call
David Martin spoke with Roll Call about the success of companies that consider environmental, social, and governance issues in their business models through the COVID-19 pandemic. Mr. Martin says, “The pandemic is causing companies to ask and answer questions which ESG, in some areas at least, has already been asking. What is your ability to cope with a broader ...
US lawmakers propose temporary COVID-19 privacy law
May 12, 2020, Global Data Review
Libbie Canter is quoted in Global Data Review regarding a bill that would regulate contact-tracing apps and similar projects geared towards tracking the spread of COVID-19. Ms. Canter says the bill is narrow in scope, but where it does apply, the protections are stronger than those offered by state laws like the CCPA. She raises questions about how the bill ...
May 11, 2020, The Wall Street Journal
Lindsay Burke is quoted in The Wall Street Journal regarding the actions employers can take when asking employees to return to work during the COVID-19 pandemic. When addressing the concerns of an employee who is nervous to commute to work, Ms. Burke says, “If you are able to work from home, ask to do so. If you are considered a vulnerable individual or have an ...
Is Fed taking too long on middle-market loan relief?
May 11, 2020, American Banker
Jeremy Newell is quoted in the American Banker regarding the Federal Reserve’s management of middle-market loan relief. Mr. Newell says the Main Street Lending Program is “just fundamentally different than anything the Fed has ever undertaken in its other emergency liquidity facilities” and likely requires more time to make sure all processes are in place. He ...
As US Reopens, Businesses Want Protections From Lawsuits
May 5, 2020, Agence France-Presse
Lindsay Burke spoke with Agence France-Presse about the lawsuits U.S. businesses may face from employees who contract COVID-19 while at work. Ms. Burke says companies should follow government guidelines to protect themselves legally as they bring employees back into the workplace. “We are generally advising employers to resume on-site operations in a voluntary ...
Vestager refuses to pause state aid rules
May 1, 2020, Global Competition Review
Johan Ysewyn spoke with Global Competition Review about EU competition commissioner Margrethe Vestager’s request to suspend European state aid rules during the coronavirus pandemic. Mr. Ysewyn says there was a similar “knee-jerk reaction during the financial crisis in 2008 from member states,” but the idea was quickly discarded. As in the financial crisis, the ...
April 28, 2020, South China Morning Post
Yan Luo spoke with the South China Morning Post about new Chinese guidelines for operators of “critical information infrastructure,” requiring them to undergo a cybersecurity review process for any procurements that could have national security implications. According to Ms. Luo, the criteria may push companies to stay away from multinational providers that are ...
China Toughens Procurement Rules for Tech Equipment
April 27, 2020, The Wall Street Journal
Yan Luo is quoted in The Wall Street Journal regarding China’s tough, new adoption of cybersecurity rules for buyers of technology equipment, which could place foreign tech products at a disadvantage in the Chinese market. Ms. Luo says the prospect of potentially lengthy reviews may prompt Chinese companies to stay away from foreign products and services.
Privacy Challenges Against FATCA Face Uphill Battle
April 27, 2020, Law360
Michael Lloyd is quoted in Law360 regarding the implications of EU data protection laws on the U.S. Foreign Account Tax Compliance Act’s requirements. Mr. Lloyd says there has been very little, if any, traction for cases against FATCA in the U.S. He adds, “Those cases went nowhere in the U.S. They didn’t survive and there has been no real challenge.”
April 27, 2020, The Wall Street Journal
Lindsay Burke spoke with The Wall Street Journal about the incentives companies can offer to employees returning to work. Ms. Burke says, “Extremely large companies might offer to subsidize people's purchases of private vehicles or subsidize rental cars.”
April 24, 2020, Law360
Ronald Dove spoke with Law360 about the potential increase in trademark litigation cases following a U.S. Supreme Court ruling. Mr. Dove says, “An accidental infringement by a small mom-and-pop business is not likely to lead to an award of profits and financial ruin. But a willful or reckless disregard of preexisting trademark rights will now more readily be ...
April 23, 2020, Financial Times
Lindsay Burke and Carolyn Rashby spoke with the Financial Times about the request from U.S. businesses that seek a shield from litigation if they expose employees to COVID-19 after calling them back to work. Both Ms. Rashby and Ms. Burke note that the firm’s employment practice has been flooded with questions about how employers could minimize their legal risks ...
Blind trusts, inside information and the ‘mosaic theory’: Why charging members of Congress with insider trading is so fraught
April 23, 2020, Fortune
Robert Kelner spoke with Fortune about the recent allegations of politicians committing insider trading and the implications under the STOCK Act. Mr. Kelner says, “Prior to the STOCK Act, it was a source of controversy whether the existing securities laws applied to members of Congress.” He points to “carve-outs” in Section 10 of the STOCK Act that, while not ...
April 23, 2020, Daily Journal
Wade Ackerman and Scott Danzis spoke with the Daily Journal about their work with clients on emergency use authorization (EUA) requests. Mr. Ackerman says of the firm, “One of the things I appreciate about being in California, but also part of this firm that’s deeply connected with D.C., is that we have connectivity with what’s going on at FDA and on the ...
April 23, 2020, Bloomberg Law
Carolyn Rashby is quoted in Bloomberg Law regarding the increase of “work sharing,” a tool that lets employees tap into jobless benefits when their hours are reduced, during the COVID-19 pandemic. Ms. Rashby says, “Having an option to keep people employed at some reduced percentage of their hours and pay but having that option to quickly say, ‘OK we’re ready to ...
April 23, 2020, Bloomberg Law
Thomas Brugato spoke with Bloomberg Law about the EPA’s warning to e-commerce platforms that they were being used to sell disinfectants that fraudulently claim to fight the coronavirus. Mr. Brugato says, “It’s been the case for some time that online sellers of pesticides are responsible for insuring compliance with the Federal Insecticide, Fungicide, and ...
April 22, 2020
WASHINGTON—Covington represented satellite provider Ligado Networks in its successful application for rights to deploy 5G services over its mid-band spectrum. On April 22, the full Federal Communications Commission (FCC) released a unanimous decision approving Ligado’s application, finding that it will advance economic and security interests nationwide. The ...
April 22, 2020, Bloomberg Law
Muftiah McCartin spoke with Bloomberg Law about lobbying efforts in first quarter of 2020. Ms. McCartin says she thought the action this year would be Democrats teeing up priorities for 2021, including legislation addressing climate change, infrastructure spending and drug pricing. “Now we are just dealing with keeping our head above water! We had no idea then ...
Navigating Virtual Brussels
April 22, 2020, Politico
Sebastian Vos spoke with Politico about his experience working virtually in Brussels during the COVID-19 pandemic. He says in the early stages of the crisis, things were a bit chaotic and during this adjustment period, it was hard to figure out which files were moving and which weren’t. “It wasn’t that [the Commission] wasn’t well-organized, it was that we ...
April 22, 2020, Law360
Lindsay Burke and Carolyn Rashby are quoted in Law360 regarding legal dangers and logistical challenges associated with reopening businesses in the U.S. Ms. Burke says, “We're in a lot of new territory here. I don't think any employers in modern history have had to return to operations in the middle of a global health crisis. And so we're really trying to ...
COVID-19 Kept BigLaw Lobbyists Busy In Q1
April 21, 2020, Law360
Muftiah McCartin is quoted in Law360 regarding COVID-19’s impact on federal lobbying efforts in the first quarter of 2020. Ms. McCartin says, “We had no idea then how hectic it would be as companies across industries are now facing an economic crisis that demands federal attention, and will continue to demand attention through the end of the year, both on the ...
April 21, 2020, Bloomberg Law
Lindsay Burke and Carolyn Rashby spoke with Bloomberg Law about the uphill battle employees who contract COVID-19 on the job may face if they choose to sue their employer. Ms. Burke says, “We’re in territory we haven’t seen before. We are looking at a whole lot of different legal risks and issues. It’s not clear how they will play out. Traditionally an illness ...
April 17, 2020, Politico
Horst Henschen and Peter Camesasca spoke with Politico about the European Commission’s push to make foreign investment screening less national and more European. However, Italy is not conforming to the idea. Mr. Henschen says, “I hope this is really due to the corona crisis and that things will go back to normality, as otherwise there will be apparent conflicts ...
April 15, 2020
WASHINGTON—Cybersecurity Docket has named David Fagan and Ashden Fein to its “Incident Response 30” for 2020. The list features “30 of the best data breach response lawyers in the business.” Mr. Fagan co-chairs the firm’s Data Privacy and Cybersecurity Practice. He has counseled companies on responding to some of the most sophisticated documented cyber-based ...
April 14, 2020, Juve
Horst Henschen is quoted in Juve regarding the German government’s move to tighten controls of foreign direct investment in the wake of the COVID-19 pandemic. Mr. Henschen says, “The criticism from the economy is partially understandable, especially with regard to the enforcement ban for the acquisition of companies in critical infrastructures. In contrast to ...
April 7, 2020, Corporate Counsel
David Fagan is quoted in Corporate Counsel regarding the impact of coronavirus on CFIUS. Mr. Fagan says, “It is not that CFIUS is closed, but there is an impact on CFIUS too, and you have to factor that into your planning.” He adds that the increasing delays mean that parties that proceed to close a transaction on the basis of a “no action” to a declaration ...
Morrisons Ruling Leaves Door Open For Data Breach Suits
April 2, 2020, Law360
Mark Young spoke with Law360 about a UK Supreme Court case involving the intentional breach of customer data information by an employee at Morrisons. The court ruled Morrisons will no longer have to pay a fine. Mr. Young says this is the “dual-edged result” of the Supreme Court judgment. Although a company is off the hook if an employee “goes off the deep end” ...
April 1, 2020
WASHINGTON—The National Law Journal has named Covington's John Hurvitz to its list of “Healthcare and Life Sciences Trailblazers.” This list features 26 honorees who are recognized as “agents of change” whose work has advanced innovation in the health care and life sciences industries. Mr. Hurvitz co-chairs C&B's Life Sciences Industry Group, heads the firm's ...
Morrisons not liable for rogue employee data breach
April 1, 2020, Global Data Review
Daniel Cooper spoke with Global Data Review about a UK high court case involving the deliberate breach of personal information by a supermarket employee from Morrisons. The court ruled that the supermarket was not liable for the actions of the employee. Mr. Cooper described the decision as “dual-edged” and said that “when coupled with the Lloyd Court of Appeal ...
April 1, 2020, Bloomberg Law
Thomas Brugato is quoted in Bloomberg Law regarding the EPA’s increased enforcement measures against products making unproven antiviral or disinfectant claims in light of the coronavirus pandemic. Mr. Brugato says, “This is the tip of the iceberg. I think we’ll definitely see more cases like this.” He adds that given the clear public health implication of the ...
March 31, 2020
LONDON—James Marshall has joined Covington’s Competition Practice in London as a partner. Mr. Marshall advises on all aspects of competition law and sector regulation and regularly counsels clients on merger control, investigations, commercial deals, abuse of dominance, and compliance. He is recommended by Legal 500 in multiple categories and is recognized as a ...
March 27, 2020
LOS ANGELES—The Hollywood Reporter has named Mitch Kamin to its “Power Lawyers 2020,” a list of the top 100 lawyers in Hollywood. Each year, THR's editors extensively research the attorneys who are negotiating the industry's biggest deals and navigating its most impactful litigation to select 100 individuals for the Power Lawyers list. Mr. Kamin is a trial ...
$2 trillion stimulus bill gives contractors some relief but falls short on added costs
March 27, 2020, Federal Computer Week
Susan Cassidy spoke with Federal Computer Week about the concerns of defense contractors under the coronavirus relief package. According to Ms. Cassidy, equitable adjustments aren't necessarily a guarantee and require a mutual agreement between the contractor and government as well as quantifiable proof the costs have increased due to the changing environment ...
CECL Down but Not Out
March 27, 2020, American Banker
Jeremy Newell spoke with the American Banker to discuss the new coronavirus stimulus package that includes language allowing lenders that have already implemented the Current Expected Credit Losses to delay compliance until the end of the national emergency. According to Mr. Newell, while two and a half years seems like a long time, their impending conversion ...
March 25, 2020
WASHINGTON—India Business Law Journal has named Ralph Voltmer to its 2020 “International A-list.” The list consists of the world’s top 100 India-focused lawyers at international law firms. Mr. Voltmer, chair of Covington’s India Practice and a partner in the firm’s corporate group, has been active in India for 20 years, working with companies such as Reliance ...
March 25, 2020, Law360
Samantha Clark is quoted in Law360 regarding the Federal Emergency Management Agency’s announcement that it obtained coronavirus test kits without relying on the Defense Production Act. Ms. Clark told Law360 she was surprised by the quick turnaround. “Everyone is on high alert that [the Defense Production Act] could be used and could be used on short notice,” ...
How should facilities deal with COVID-19?
March 25, 2020, National Products Insider
Miriam Guggenheim is quoted in National Products Insider regarding how food and drug facilities can manage the spread of COVID-19. Ms. Guggenheim says, “The FDA, from the perspective that this is not a food-borne illness and transmittable that way, has said that facilities will not have to shut down. The emphasis is on other employees, not the products you ...
Coronavirus Fallout Leaves Gov't Contractors Scrambling
March 24, 2020, Law360
Samantha Clark is quoted in Law360 regarding the confusion some government contractors are facing on whether their business is “essential” after recent policy changes. According to Ms. Clark, to complicate matters even more, some states have implemented their own definitions of "essential," creating potential conflicts with federal guidance and confusion over ...
Where Does ESG Oversight Fit on the Board?
March 23, 2020, Agenda
David Martin is quoted in Agenda regarding the increased importance for companies to take up environmental, social, and governance (ESG) issues. Mr. Martin says that in his experience, larger companies are more likely to have greater exposure to ESG risks and reputations hinging on oversight of ESG issues, so the issues are more likely to pop up in ...
Telcos share location data for coronavirus efforts
March 20, 2020, Global Data Review
Dan Cooper spoke with Global Data Review about how telecommunications companies are providing data regulators location data to track the effects of social distancing in the wake of coronavirus. Mr. Cooper told GDR that the measures in Europe are “not too much of a concern” from a privacy perspective as the data being used by authorities is anonymized and ...
March 19, 2020, BioTech
Scott Danzis spoke with BioWorld about the uptick in coronavirus testing by the FDA and CDC. Mr. Danzis says that while the FDA and the CDC struggled to move testing forward in the early days, “things have shifted dramatically” since that time. He adds that the issue of FDA regulation of lab-developed tests is of long standing, but that the Verifying ...
Democrats Want to Prevent Coronavirus Credit Report Harm
March 19, 2020, Bloomberg
David Stein spoke with Bloomberg about legislation from Senate Democrats to shield U.S. citizens from negative credit reporting for the duration of the new coronavirus crisis. Three senators are looking to throw out a rule where credit bureaus are required under the Fair Credit Reporting Act to collect negative information. Mr. Stein says, “To the extent that ...
March 18, 2020, Politico
Scott Danzis is quoted in Politico regarding tracking medical device shortages and whether regulations requiring drug manufacturers to warn the government when a shortage seems likely should be applied to medical devices. Mr. Danzis says, “There's a balance that has to be struck between giving that information to FDA and creating additional reporting ...
March 16, 2020, Global Data Review
Trisha Anderson spoke with Global Data Review about Congress’s lapse in renewing the Freedom Act while dealing with COVID-19. Ms. Anderson told GDR if Congress doesn’t renew the business records provision, the FBI will have to operate with pre-Patriot Act surveillance tools. She adds that the FBI would still be able to obtain business records via grand jury ...
Covington Assists Veritas Capital with $5 Billion Acquisition of DXC’s Health and Human Services Business
March 10, 2020
WASHINGTON—Covington is assisting Veritas Capital with its acquisition of DXC Technology’s U.S. State and Local Health and Human Services business in a deal valued at $5 billion. The transaction is expected to close no later than December 2020, subject to the satisfaction of customary closing conditions. DXC Technology’s U.S. State and Local Health and Human ...
3 Alternative Protein Trends To Watch In 2020
March 3, 2020, Forbes
Brian Sylvester noted in Forbes that litigation of alternative proteins was a trend to watch in 2020. Mr. Sylvester says these cases “could influence the ongoing regulatory conversation at the federal level around new standards of identity for both plant-based and cell-cultured meat."
February 25, 2020
WASHINGTON—Covington represented Univision Holdings, Inc. in its definitive agreement to sell a majority ownership interest to private investment firms Searchlight Capital Partners, LP and ForgeLight LLC. Under the terms of the acquisition, Searchlight and ForgeLight will purchase a 64 percent interest from Univision stockholders while Televisa, a leading media ...
Covington Represents Ukraine in Securing Favorable Ruling Under U.N. Law of the Sea Convention
February 21, 2020
WASHINGTON—Covington secured a major ruling for Ukraine in an arbitration against the Russian Federation under the U.N. Convention on the Law of the Sea (UNCLOS). The ruling, issued today by a five-member arbitral tribunal, rejected the majority of Russia’s jurisdictional objections and permits Ukraine’s case to proceed to the merits. “The Tribunal’s ...
February 19, 2020, China Global Television Network
Witney Schneidman appeared on China Global Television Network to discuss U.S. Secretary of State Mike Pompeo's visit to Africa and the opportunities for American investment in the continent. Mr. Schneidman says, “Secretary Pompeo would like to see a lot more investment in Africa… But there is a big hurdle there. Americans don’t really understand Africa that ...
What happens to leftover campaign funds when a candidate drops out of the presidential race?
February 18, 2020, Fortune
Robert Kelner is quoted in Fortune regarding the capabilities of Super PACs in a presidential election and what happens campaign funds when candidates drop out of the presidential race. Mr. Kelner says, “Super PACs have fairly broad discretion on what they can do with excess funds.” He adds, “Where you see a lot of money left over in the Super PAC after the ...
February 11, 2020, Global Data Review
Libbie Canter is quoted in Global Data Review regarding the California Attorney General Xavier Beccera’s revisions to the California Consumer Privacy Act’s (CCPA) regulations. The revisions have left many businesses concerned and with unanswered questions. Ms. Canter says despite the revisions “ambiguities” remain for entities that collect data from third ...
February 5, 2020
WASHINGTON—Kimberly Breier, the U.S. Department of State’s former top diplomat for Latin America, has joined Covington as a senior advisor. Ms. Breier most recently served as Assistant Secretary of State for Western Hemisphere Affairs, the United States’ top diplomat for the Western Hemisphere. She led the State Department’s policy formation, oversaw U.S. ...
CFTC's Plan To End Position Limits Saga Faces Big Test
February 5, 2020, Law360
Anne Termine is quoted in Law360 regarding the U.S. Commodity Futures Trading Commission’s effort to impose position limits meant to curb speculators’ ability to distort prices. The new plan allows users to seek exemptions not set forth in the rule proposal by applying directly to their relevant exchanges. The CFTC would have 10 days to review that decision or ...
February 5, 2020, Law360
Susan Cassidy is quoted in Law360 regarding the DoD’s implementation of cybersecurity requirements for defense contractors. Ms. Cassidy says that questions about the process, such as who will audit the thousands of contractors that need to be certified for cybersecurity compliance, how they will be audited and what options they will have if they disagree with an ...
AI and Attorney Obligations Are Still Outpacing the Law
February 4, 2020, Legaltech News
Lee Tiedrich spoke with Legaltech News about lawyers’ obligations pertaining to the law and artificial intelligence. Ms. Tiedrich indicated that much like the internet in the 1990s, the growth of technologies such as AI continues to outstrip the development of the law. The lack of absolute regulatory clarity raises the stakes for organizations. “You need to be ...
February 3, 2020, Financial Times
Witney Schneidman is quoted in the Financial Times regarding the United States’s and Africa’s search for a replacement to the African Growth and Opportunity Act (AGOA), which gives nearly 40 African states tariff-free access to the U.S for 6,500 products, and has faced increasing criticism in Washington. Mr. Schneidman says, “Africans are saying, we are trying ...
February 3, 2020, Government Executive
Mike Wagner spoke with Government Executive about the General Services Administration's restructuring of the terms and conditions of current contracts so that they are in sync with those on the new, single contracting vehicle, which also features new contracts. . Mr. Wagner says, “Contractors should not be seeing changes to any negotiated elements of their ...
January 31, 2020
LOS ANGELES—The Los Angeles Business Journal recognized Neema Sahni in its 2020 list of the most influential minority lawyers in Los Angeles. The list recognizes lawyers who are particularly impactful, maintain the highest professional and ethical standards, and contribute to the Los Angeles business and legal community. In Ms. Sahni's profile, the Business ...
Sarah Cowlishaw Named to The Lawyer “Hot 100”
January 28, 2020
LONDON—The Lawyer has named London life sciences partner Sarah Cowlishaw to its “Hot 100,” a list that recognizes the most daring, innovative and creative lawyers from in-house, private practice and the Bar around the U.K. The Lawyer highlighted Ms. Cowlishaw’s work for biotech company Sensyne Health on regulatory matters related to its AIM IPO and her ongoing ...
Inbound US Real Estate Investments To Face New Oversight
January 28, 2020, Law360
Heather Finstuen is quoted in Law360 regarding CFIUS’s decision to extend its regulatory purview across a broad portion of U.S.-targeted real estate transactions. The new regulations go a step further by clearly defining sensitive locations and the proximity to those locations that could cause national security concerns, which will now be divided by The ...
CFPB Tightens Approach To Abusiveness With New Policy
January 24, 2020, Law360
Eric Mogilnicki is quoted in Law360 regarding the CFPB’s new policy of restraint in bringing enforcement actions against financial services providers for abusive acts and practices. Mr. Mogilnicki says, “It is a helpful guide for how the bureau will enforce the abusiveness prohibition. However, this guide is not rooted in the language of the statute, which means ...
Covington Named to GCR's Global Elite
January 23, 2020
WASHINGTON—Global Competition Review has once again named Covington to its 2019 "Global Elite," a list of the top 25 firms practicing competition law internationally, as well as including the firm in the list of top ten antitrust litigation practices globally. Now in its 20th year, GCR100 undertakes extensive analysis of antitrust and competition law groups in ...
Senate Bill Takes Aim at Cell-Cultured Food Labeling
January 20, 2020, Food Quality and Safety
Brian Sylvester spoke with Food Quality and Safety about a bill aimed at safeguarding accurate and transparent labeling of food products created using animal cell-culture technology. Mr. Sylvester says, “When it comes to food tech, both the FDA and USDA have accommodated new innovations into the existing regulatory framework for years: I think this is absolutely ...
January 17, 2020
WASHINGTON—Covington represented Piramal Enterprises Limited in itsdefinitive agreement to sell Decision Resources Group to Clarivate Analytics plc, in a deal valued at $950 million. The $950 million purchase price includes $900 million in cash and approximately $50 million in Clarivate ordinary shares to be issued following the one-year anniversary of ...
January 17, 2020
WASHINGTON—Am Law Litigation Daily has named Covington partner Michael Imbroscio, co-chair of the firm’s Product Liability and Mass Tort practice, as a “Litigator of the Week.” Mr. Imbroscio led the defense of Eli Lilly and Company in litigation alleging that its medicine Cialis – as well as Pfizer’s medicine Viagra – could cause melanoma, convincing the trial ...
January 16, 2020
London—Covington represented Illumina on its partnership with Genomics England, to sequence up to 500,000 whole genomes for the NHS Genomic Medicine Service. This partnership is part of the wider ambition to analyse up to 5 million genomes by 2024, to enable the UK to maintain its position as a global leader in genomics. Under this partnership and guided by ...
January 15, 2020, Washington Post
John Veroneau is quoted in the Washington Post regarding a recently signed partial trade deal between the United States and China. Mr. Veroneau says, “This administration is more open to intervening in the economy than most recent Republican administrations have been.”
January 13, 2020
WASHINGTON—Covington represented Elanco Animal Health in connection with an agreement with Dechra Pharmaceuticals to divest Osurnia® for $135 million in an all-cash deal. Covington also represented Elanco in an agreement to divest the U.S. rights and related assets for Capstar® to PetIQ, Inc., for $95 million in an all-cash deal. Elanco is a global animal ...
Covington Named a Law360 "Firm of the Year"
January 13, 2020
WASHINGTON—Law360 has named Covington one of its 2019 “Firms of the Year” for the second consecutive year based on the firm having received six Practice Group of the Year awards. The Covington practices named 2019 Practice Groups of the Year are: Competition/Antitrust Government Contracts International Arbitration Life Sciences Media & ...
US House privacy bill differs from Senate counterparts
January 13, 2020, Global Data Review
Lindsey Tonsager is quoted in Global Data Review regarding a recently released draft privacy bill from the US House Committee on Energy & Commerce which differs from current Senate bills. With roughly a quarter of House Democrats coming from California, Ms. Tonsager told GDR that there will be major opposition to pre-emption in the House. “We’ve already seen the ...
ICO hits electronics retailer with maximum pre-GDPR fine
January 10, 2020, Global Data Review
Daniel Cooper is quoted in Global Data Review regarding the UK ICO’s decision to fine DSG Retail £500,000 under pre-GDPR data protection law. The fine stems from the company being compromised by a cyberattack affecting at least 14 million people. Mr. Cooper says, “the ICO's imposition of a maximum fine appears due, in part, to the fact that it felt DSG should ...
January 9, 2020, Inside Health Policy
Jessica O'Connell spoke with Inside Health Policy about the FDA's plan to remove adulterated cannabis products from the CBD market. Ms. O'Connell says, "There’s a range of products out there that aren’t compliant, and FDA only has so many resources and can only enforce so much. I think one difference here that might be helpful is that there are these robust ...
January 9, 2020, WatersTechnology
Michael Nonaka spoke with WatersTechnology about the impact of the California Consumer Privacy Act on financial institutions. Mr. Nonaka says, “There are exemptions [in the CCPA] for information that is covered by the GLBA. This is consumer information used by FIs, including broker-dealers. But there is not a broad exemption that just takes out the entirety of ...
January 9, 2020, Global Data Review
Daniel Cooper spoke with Global Data Review about the European Commission’s recommended changes to artificial intelligence liability rules. Mr. Cooper says the commission is keen to stress that the conclusions drawn from the report remain those of the expert group only. “One has to assume that the commission wants to be careful to test the waters first and gauge ...
What to expect in 2021: China - Preview
January 8, 2020, Reuters
Yan Luo is quoted in Reuters Practical Law China's GC Agenda China with her thoughts on the new compliance challenges that China's new data privacy and cybersecurity regimes with bring. Specifically, Yan expects that China's draft Data Security Law and Personal Information Protection Law will be finalized in 2021. Together with the Cybersecurity Law, the three ...
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.”
SEC And CFTC Regulatory Priorities To Watch In 2020
January 1, 2020, Law360
Anne Termine is quoted in Law360 regarding CFTC’s proposal to regulate cross-border swaps and govern when cross-border swaps should be registered with the agency. Ms. Termine says, “The commission is trying to thread the needle of registration that is not over-reaching beyond our borders, yet sufficiently protects the interests of the U.S. and U.S. markets. This ...
January 1, 2020, Financial Times
Lindsey Tonsager spoke with the Financial Times about the California Consumer Privacy Act (CCPA) and the different ways companies are trying to comply with the new law. Addressing some companies’ efforts to create self-serve portals to handle users’ privacy requests, Ms. Tonsager says, “This works fine but if you get a high spike of data access requests — right ...
4 Gov't Contracting Policy Developments To Watch In 2020
January 1, 2020, Law360
Fred Levy spoke with Law360 about the 2021 National Defense Authorization Act. Mr. Levy says the upcoming NDAA could also include more provisions that would expand the government’s right to obtain pricing information on commercial items, given recent congressional attention to alleged “price-gouging,” even as that definition has been applied somewhat ...
December 23, 2019, CNBC
Francis Maude appeared on CNBC to discuss the risk and possibility of a Brexit no-deal. Lord Maude says, “The risk of a no-deal Brexit without a withdraw agreement is very unlikely because it is in no one’s interest for that to happen… But there has always been a risk that if both sides get into an absolute standoff that there could be an end to the ...
Top 7 Gov't Contracting Policy Changes In 2019
December 20, 2019, Law360
Fred Levy is quoted in Law360 regarding the formation of the Procurement Collusion Strike Force, a cooperative effort among the U.S. DOJ’s Antitrust Division, in an article highlighting the top government contracts policy changes in 2019. The strike force is indicative of a broader trend in government contracts over roughly the last year: the “criminalization of ...
Top 5 Gov't Contracts Cases Of 2019
December 19, 2019, Law360
Fred Levy spoke with Law360 about an FCA case involving a rocket and missile propulsion company misleading the U.S. DoD about its failure to safeguard "unclassified controlled technical information" from cybersecurity threats, in an article highlighting the top government contracts cases of 2019. Mr. Levy says the growing attention federal agencies are giving to ...
December 13, 2019
Variety has named Robyn Polashuk to its 2019 Dealmakers Impact Report, recognizing people behind the biggest pacts in the world of showbiz. Ms. Polashuk co-chairs the firm's Communications and Media Industry Group, which provides the highest level of legal and strategic advice to telecommunications, media, and technology companies around the world. Her ...
UK Election Brings Certainty but Concerns Continue
December 13, 2019, International Financial Law Review
Francis Maude is quoted in the International Financial Law Review regarding the UK election results and its effect on the future of Brexit. Lord Maude says, “It is too early to say for definite what will come next, though I feel that London will continue to be the financial center of Europe. It is where the critical means of capability is. I’m confident that the ...
December 13, 2019, Legaltech News
Lee Tiedrich is quoted in Legaltech News regarding the continued use of artificial intelligence, despite ethics concerns. Ms. Tiedrich says that companies could put in “good governance processes to manage the [AI] product design, development and implementation in accordance with their ethnical principles.” She also noted that to limit bias, it is also necessary ...
The Hill Recognizes Covington's Public Policy Practice
December 12, 2019
WASHINGTON—The Hill has named Covington’s Holly Fechner, Muftiah McCartin, and Bill Wichterman to its annual “Top Lobbyists” list. The list recognizes Washington’s top policy experts and influencers voicing the concerns of the nation’s largest companies, labor unions, and associations in the nation’s capital. Named to the list for the seventh consecutive year, ...
December 9, 2019
WASHINGTON—Covington represented Merck & Co., Inc. in its definitive agreement under which Merck, through a subsidiary, will acquire ArQule for $20 per share in cash for an approximate total equity value of $2.7 billion. ArQule is a publicly traded biopharmaceutical company focused on kinase inhibitor discovery and development for the treatment of patients with ...
December 4, 2019, Daily Journal
Lindsey Tonsager is quoted in Daily Journal regarding a new voter initiative designed to improve consumer privacy in California. Ms. Tonsager says, “The new ballot initiative has introduced some uncertainty into the conversation for businesses. There has been a real whiplash throughout the whole process of the CCPA. It was enacted back in 2018, and its already ...
European Countries Reluctant To Challenge FATCA
November 27, 2019, Law360
Atli Stannard is quoted in Law360 regarding the U.S. Department of the Treasury’s claims of European Union banks violating privacy and anti-discrimination laws when they share customer information with the IRS. EU countries may negotiate with the Treasury Department, but only if they receive larger cross-border effort against tax avoidance. Mr. Stannard says, ...
Seven Covington Lawyers Named Law360 MVPs
November 22, 2019
WASHINGTON—Law360 has named seven Covington lawyers as MVPs, third most among all firms, in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Thomas ...
November 21, 2019, Law360
Micaela McMurrough is quoted in Law360 regarding a recently unveiled cybersecurity protocol guidelines aimed at arbitrators, institutions and arbitration users on topics including baseline security measures. Ms. McMurrough says, "We tried to build in flexibility [so that the] document can be used as guidance, rather than something that's prescriptive.”
Ian King Live - Tim Stratford
November 15, 2019, Sky News
Tim Stratford spoke with Ian King of Sky News regarding current U.S.-China trade negotiations. Mr. Stratford says, “If there is strong interest to do a deal, it may stop the tit-for-tat escalation of tariffs. But it may not address the real underlying issues that lead to the trade war in the first place.”
November 14, 2019, Law360
Jay Carey spoke with Law360 about the high rate of success for federal contract protests at the Government Accountability Office over the last five years, as shown in a recent GAO report. Mr. Carey say among other barriers in the way of a successful protest, protesters bear the burden of proof, often have less access to relevant information than agencies, and ...
Covington Secures Decisive Victory For Ukraine Before the International Court of Justice
November 8, 2019
WASHINGTON—Covington has secured a decisive win for Ukraine in proceedings against the Russian Federation before the International Court of Justice (“ICJ”) concerning violations by Russia of the International Convention for the Suppression of the Financing of Terrorism (“ICSFT”) and the International Convention on the Elimination of All Forms of Racial ...
New Report Shows Feds' Nuanced Approach To Contractors
November 7, 2019, Law360
Mike Wagner is quoted in Law360 regarding the 2018 Suspension and Debarment report. Mr. Wagner says “that modest decline in suspension and debarment activity over time has also been offset in part by suspension and debarment officials' increased use of alternative measures. This dual trend is interesting — I think it speaks to the overall evolution of the ...
October 31, 2019, Bloomberg Law
Laura Brookover is quoted in Bloomberg Law regarding a House bill to reauthorize the Commodity Futures Trading Commission for the first time in more than a decade. The bill would give the agency stronger legal footing to pursue fraudulent overseas trading activities. Ms. Brookover says that language would potentially give the agency broader authority over ...
IAPP: 'Sale' Under CCPA May Not Be as Scary as You Think
October 29, 2019
As the effective date of the California Consumer Privacy Act looms closer, companies are grappling with the significance of the law and its definitions. One defined term in particular, “sale,” has sparked heated debate between industry and consumer advocates, and even within the legal profession. While much has been said about this term, more needs to be said. ...
October 27, 2019
NEW YORK—Covington represented Central European Media Enterprises Ltd. in its definitive agreement to be acquired by an affiliate of PPF Group N.V. in a cash transaction valued at approximately $2.1 billion. Under the terms of the agreement, holders of all of CME’s issued and outstanding Class A common shares will receive $4.58 per share. This valuation ...
October 24, 2019, Law360
Susan Cassidy spoke with Law360 about the Department of Defense’s goal for its Cybersecurity Maturity Model Certification (CMMC) and its impact on join bid contractors. Ms. Cassidy says such teaming arrangements are already complicated and can take years to put together for big defense procurements. Although the DOD has said cybersecurity compliance will be ...
BigLaw Lobbying Returns Continue To Rebound In Q3
October 23, 2019, Law360
Muftiah McCartin is quoted in Law360 regarding the firm’s lobbying efforts in the third quarter of 2019. Ms. McCartin said that while it's easy to assume the impeachment inquiry into President Donald Trump might be the only focus of Congress in the short term, that's actually not the full story. She adds, “On the contrary, we expect Congress to be in for a very ...
October 22, 2019, Legaltech News
Trisha Anderson spoke with Legaltech News about a bilateral data access agreement, a new mechanism of the CLOUD Act and its effect on law firms. A year after the CLOUD Act, the first data-sharing agreement is most relevant to U.K. law enforcement agencies having access to the vast data held by U.S.-based tech companies, says Ms. Anderson. She adds, “The most ...
Will China’s revised cybersecurity rules put foreign firms at risk of losing their secrets?
October 13, 2019, South China Morning Post
Yan Luo is quoted in the South China Morning Post regarding China's revised cybersecurity rules. Ms. Luo says many of the relevant cybersecurity requirements are “not that out of the global norm”, and unlikely to be a challenge for firms that already has “robust cybersecurity programmes.”
EU Cookie Ruling Tightens Leash On Ad Tech Staple
October 9, 2019, Law360
Kristof Van Quathem is quoted in Law360 regarding a European Court of Justice’s decision to increase web cookie consent measures. Mr. Van Quathem says, “It’s unfortunate that the court didn’t address that point because it’s commercially and politically a very sensitive topic, on which there is a lot of uncertainty right now, and it’s a question that could have ...
Covington Promotes Data Lawyer in Beijing
October 3, 2019, Global Data Review
Global Data Review covered Yan Luo’s recent promotion to partner. Ms. Luo is a member of GDR’s inaugural 40 under 40 set. “This experience has broadened my horizons and is very fulfilling for me personally,” she told GDR.
October 2, 2019, Time
Robert Kelner spoke with Time about Senator Elizabeth Warren’s proposed new tax on lobbying. The proposal is meant to discourage major corporations from spending more than $500,000 to lobby the government. Mr. Kelner says, “I think any plan to tax lobbying is almost certainly unconstitutional. It’s extraordinarily likely to be struck down by the Supreme Court if ...
CCPA Amendments Would Ceate Independent Enforcer
September 30, 2019, Global Data Review
Lindsey Tonsager spoke with Global Data Review about proposed amendments to the California Consumer Privacy Act filed by Alastair Mactaggart of the Californians for Consumer Privacy. Ms. Tonsager said that given the time and resources spent on preparing staff within California’s office of the attorney general for the CCPA, she was “baffled” to see the proposal ...
September 26, 2019, Wall Street Journal
Robert Kelner is quoted in The Wall Street Journal regarding the differences between U.S. Department of Justice’s newly unveiled online filing system for foreign agents and the Foreign Agent Registration Act (FARA). Mr. Kelner says, “This is not an issue just for lobbying firms and public relations firms because FARA sweeps very broadly and applies to ...
September 26, 2019, Financial Times
Lindsey Tonsager is quoted in the Financial Times regarding the California Consumer Privacy Act’s effect on businesses in the state and around the world. Ms. Tonsager says, “Once the new law takes effect, the California attorney-general will overnight become one of the most powerful privacy regulators in the world.” She adds, “Companies that already had to apply ...
Nooree Lee Receives NAPABA's Best Under 40 Award
September 25, 2019
WASHINGTON—The National Asian Pacific American Bar Association (NAPABA) has recognized Nooree Lee with its Best Under 40 Award. The award recognizes talented individuals within the Asian Pacific American legal community under the age of 40 who have achieved prominence and distinction in their fields of endeavor—be it the practice of law, academia, business, ...
September 23, 2019, Bloomberg Law
Lee Tiedrich recently participated in the “AI and the Rule of Law Roundtable” in Athens and spoke with Bloomberg Law about with the event, which was , focused on ensuring that AI tech works as intended—and that those who implement and operate such systems are competent to do so. Ms. Tiedrich says, “Although the Roundtable participants came from different ...
September 17, 2019, Reuters
Mark Plotkin is quoted in Reuters regarding U.S. Treasury’s announcement that it will introduce new regulations expanding the powers of the Committee on Foreign Investment (CFIUS) to further scrutinize foreign investments involving sensitive technology, infrastructure, personal data, and real estate. Mr. Plotkin pointed out that many CFIUS watchers had ...
September 17, 2019, The New York Times
Mark Plotkin spoke with The New York Times about U.S. Treasury’s announcement that it will introduce new regulations expanding the powers of the Committee on Foreign Investment (CFIUS) to further scrutinize foreign investments involving sensitive technology, infrastructure, personal data, and real estate. Mr. Plotkin said that the proposed rules were ...
US Moves to Expand Sweep of Foreign Deal Review Powers
September 17, 2019, Financial Times
Mark Plotkin is quoted in the Financial Times regarding U.S. Treasury’s announcement that it will introduce new regulations expanding the powers of the Committee on Foreign Investment (CFIUS) to further scrutinize foreign investments involving sensitive technology, infrastructure, personal data, and real estate. Mr. Plotkin says, “The regulations reflect ...
September 16, 2019, Global Data Review
Lindsey Tonsager spoke with Global Data Review about the recently-passed California Consumer Privacy Act. Ms. Tonsager says the issues the attorney general need to clarify include what a “do not sell my personal information” link should look like on company websites, how that link should be formatted, and where it should be placed. One of the most important ...
September 11, 2019, Gov Info Security
Susan Cassidy, Samantha Clark, Ryan Burnette, and Ian Brekke are mentioned in Gov Info Security regarding their blog post analyzing the CMMC draft. "The guidance offers no insight into how DOD will determine the CMMC certification level required for each contract solicitation or whether it intends to standardize a process for making such determinations across ...