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- Business and Human Rights
Covington’s leading Business and Human Rights (BHR) practice advises a broad spectrum of multinational companies on rapidly evolving developments related to the corporate responsibility to respect human rights and environmental, social, and governance (ESG) factors. Working seamlessly across disciplines and geographies, we help senior management at a broad spectrum of multinational corporations implement best practices and identify, manage, and resolve issues related to human rights in global operations.
As a firm at the intersection of law and policy, we are ideally equipped to meet the emerging needs of global corporations to mitigate legal, reputational and operational risk, and crisis scenarios arising as a result of an array of pressures from regulators and enforcement agencies, investors, consumers, NGOs, and other key stakeholders.
Multi-disciplinary Team
Our integrated BHR team—led by former U.S. Ambassador Dan Feldman, who helped launch the corporate social responsibility field more than two decades ago while serving on the White House’s National Security Council staff—is composed of leading lawyers and policy advisors on four continents with extensive backgrounds in human rights, ethics, and sustainability. Our team’s experience includes serving as senior government officials in the U.S. and across Europe, with international NGOs and think tanks, and in academia.
We advise clients spanning a range of sectors, including technology, telecommunications, life sciences, manufacturing, apparel agribusiness, mining/extractives, energy, financial services, and apparel. Our practice is driven by market-leading international human rights, employment, dispute resolution, public policy, global supply chain, anti-corruption, global problem solving, government contracts, trade, and environmental lawyers. We leverage Covington’s wide range of subject matter and industry expertise to tailor strategies to each client’s particular needs.
Key Services
Our team has extensive experience helping companies navigate the complex BHR field, including responding to inquiries from and working with regulatory agencies (such as the U.S. Customs and Border Protection) and developing global human rights oversight policies and procedures. We advise on compliance with multi-jurisdictional transparency reporting laws, including the UK and Australian Modern Slavery Acts, the Californian Transparency in Supply Chains Act, the FAR Anti-Trafficking Rules for Government Contractors, the French Duty of Vigilance Law, the Dutch Child Labor Due Diligence Act, the Alien Tort Statute, and the Trafficking Victims Protection Reauthorization Act. Key services include:
- Assessing, drafting, benchmarking, and implementing global human rights policies and procedures
- Responding to U.S. and international enforcement actions related to forced and child labor regulations
- Performing global human rights due diligence
- Advising on supply chain human rights management
- Complying with transparency reporting requirements
- Defending in international human rights litigation
- Developing and implementing human rights infrastructure and training
- Assisting with downstream human rights risk management
- Fostering and developing stakeholder relationships
- Advising on key pro bono matters involving social justice initiatives and BHR
Healthcare Company Human Rights Due Diligence and Infrastructure
Working with a leading healthcare company on the design and implementation of a comprehensive, global ethical sourcing program, including policies and procedures for the verification of global human rights risks associated with new and existing suppliers, the implementation of a robust human rights auditing system, and the development of internal structures assessing effectiveness of such systems and regularly engaging with relevant stakeholders.
International Energy Company Human Rights Due Diligence
Supporting human rights due diligence for an international energy company, including by developing detailed due diligence questionnaires; providing integrated anti-corruption, sanctions, and human rights due diligence support on several M&A transactions; and drafting human rights compliance clauses in agreements with sellers, target companies, and business partners.
Life Sciences Sector Human Rights Policies and Procedures
For a leading life sciences company, designing a cutting-edge ethics and human rights framework for an international project, including mechanisms surrounding governance and accountability, community engagement, benefit sharing, non-discrimination and non-stigmatization.
U.S. Customs Border Protection Agency Stakeholder Relationships
Assisting multiple multinational companies in relation to “withhold release orders” issued by the U.S. Customs Border Protection Agency (“CBP”), including by reviewing and recommending enhancements to responsible sourcing processes and other human rights program elements, developing risk mitigation and stakeholder engagement strategies, and advising on strategies for engaging with CBP.
Transparency Reporting Requirements
Helping companies across a range of sectors comply with transparency and non-financial reporting obligations, including under legislation in California, the UK, France, and Australia, by drafting transparency statements and assisting with the development and implementation of related policies, supplier due diligence standards, contractual safeguards, and training to mitigate modern slavery and human trafficking risks.
International Human Rights Litigation
Spearheaded the first binding international arbitrations under a BHR agreement (the Accord on Fire and Building Safety in Bangladesh) in the aftermath of the Rana Plaza building collapse in Dhaka.
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.
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.
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.
Energy Company Supply Chain and Stakeholder Engagement
Advising an energy company on the development of a supply chain risk assessment process, and related stakeholder engagement strategies, in connection with a project involving labor in both the formal and informal sectors.
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.
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).
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.
January 2021
Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are facing and develop plans and strategies in response. Reach out to our ...
October 23, 2020, Covington Alert
Since Covington's last global Business and Human Rights update, there have been significant developments in national, regional, and international regulatory and enforcement initiatives, which have continued to exert pressure on companies to develop or enhance their processes for identifying and mitigating human rights risks in their global operations and value ...
September 17, 2020, Covington Alert
On September 14, 2020, U.S. Customs and Border Protection (CBP) announced five Withhold Release Orders (WROs) against products from certain factories and companies doing business primarily in the Xinjiang Uyghur Autonomous Region (XUAR) of China based on allegations of forced labor. CBP and other U.S. government departments and agencies have repeatedly stated ...
July 10, 2020, Covington Alert
On 6 July 2020, the UK Government announced the creation of a new UK human rights sanctions regime, which is the first independent UK sanctions regime to be established under the Sanctions and Anti-Money Laundering Act 2018 (“SAMLA 2018”).
July 8, 2020, Covington Alert
In recent years and with increased vigor in recent months, stakeholders and governments, including the United States, have focused on labor-related and other human rights issues concerning the treatment of Uyghur and other minority Muslim groups in the Xinjiang region of China. In this post, we provide an overview of some of these developments and considerations ...
May 29, 2020, Covington Alert
In this update, we provide an overview of a number of recent international developments in the area of business and human rights ("BHR"). While public policy and corporate agendas have slowed in the past several months as a result of the response to the COVID-19 pandemic, there have been recent indications that key stakeholders—including governments, ...
May 6, 2020, Covington Alert
On April 29, 2020, in a webinar hosted by the European Parliament’s Responsible Business Conduct Working Group, EU Commissioner for Justice Didier Reynders announced that the European Commission (the “Commission”) will move swiftly to introduce regulation on mandatory human rights and environmental due diligence for companies, with its legislative proposal to ...
January 14, 2020, Covington Alert
This year will see the European Commission put forward legislative proposals on mandatory human rights and environmental supply chain due diligence as well as on sustainable corporate governance (“SCG”). The EU’s Justice Commissioner, Didier Reynders, confirmed this timeline when launching a public consultation on how the Commission should approach this ...
September 30, 2019, Covington Alert
Recent global trends have placed significant scrutiny on matters related to modern slavery and human rights issues in supply chains. New legislation has steadily been introduced across the globe (including in the U.S., the U.K., France and Australia). In this update, we provide an overview on a variety of international and national developments in the business ...
#MeToo Spurs New California Workplace Harassment Protections and Gender Equality on Corporate Boards
October 24, 2018, Covington Alert
California Governor Jerry Brown recently signed into law a number of landmark bills aimed at strengthening sexual harassment protections in the workplace and boosting gender equality in the boardroom. Here is an overview of the new statutes; unless otherwise specified, they take effect on January 1, 2019.
August 6, 2018, Covington Alert
We reported following the 2017 UN Forum on Business and Human Rights on the progress of an international treaty on the subject. On 19th July 2018, the Open-ended Intergovernmental Working Group (OEIGWG) presented the draft text of a treaty to the High Commissioner for Human Rights (through the Permanent Mission of Ecuador, acting as Chair in the process).
May 17, 2018, Global Investigations Review
April 20, 2018, Covington Alert
On March 27 2018, the UK Equalities and Human Rights Commission (EHRC) published a report, Turning the tables: ending sexual harassment at work, in which it makes a number of recommendations for legal changes to better protect the victims of sexual harassment at work.
March 8, 2018, Covington Alert
Corporate Human Rights Benchmark Ltd (CHRB) has published its 2018 research methodology and is currently encouraging relevant companies to disclose information relevant to this year’s research and ranking exercise.
December 8, 2017, Covington Alert
Last week, the United Nations hosted the sixth annual Forum on Business and Human Rights in Geneva. The three-day event provided attendees with informative panels and important updates on the state of the field. Lawyers from Covington’s business and human rights initiative were in attendance and suggest five important takeaways for business.
Business and Human Rights: “Is This Even Relevant to Our Company?”
June 14, 2017, Webinar
Covington Scores Appellate Victory on Behalf of Chiquita
7/24/2014
WASHINGTON, DC, July 24, 2014 — Covington & Burling on Thursday secured an appellate victory on behalf of Chiquita Brands International, Inc. and Chiquita Fresh North America LLC in long-running litigation brought by more than six thousand Colombian plaintiffs. Beginning in 2008, these plaintiffs asserted claims against Chiquita under the Alien Tort Statute ...
Business and Human Rights: What Companies Need to Know
Learn more about human labor being in the spotlight, impacts on supply chains, and how companies can address these challenges.
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