Elizabeth H. Canter

March 2021

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 COVID-19 task force at COVID19@cov.com. Below is a compendium of resources ...

February 26, 2021, Inside Privacy

Several states have proposed new privacy bills since their sessions began.  Some of the proposed bills carry over or re-introduce bills drafted in previous legislative sessions, while others are introducing first-in-time omnibus privacy bills.  In the high-level chart below, we compare five of the key state privacy frameworks: the CPRA, VCDPA (which we blogged ...

February 8, 2021, Inside Privacy

The Virginia Consumer Data Protection Act (HB 2307 / SB 1392), introduced in the House of Delegates on January 20, passed both houses of Virginia’s state legislature on February 5 with large bipartisan majorities.  This comprehensive privacy bill, which would take effect on January 1, 2023, follows a similar framework as the current version of...… Continue ...

February 8, 2021, Covington Digital Health

On January 14, 2021, the United States Court of Appeals for the Fifth Circuit vacated a $4.3 million civil monetary penalty that the Office for Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) imposed against the University of Texas M.D. Anderson Cancer Center (“M.D. Anderson”).  OCR ordered the penalty in 2017...… Continue Reading

February 1, 2021, Covington Digital Health

On January 5, 2021, an amendment to the Health Information Technology for Economic and Clinical Health (“HITECH”) Act was signed into law.  The amendment requires the U.S. Department of Health and Human Services (“HHS”) to “consider certain recognized security practices of covered entities and business associates when making certain determinations” regarding ...

January 25, 2021

LONDON—Covington advised Nasdaq-listed Oxford Immunotec Global PLC in its agreement to be acquired by PerkinElmer, Inc., in a deal valued at approximately $591 million. Under the terms of the acquisition, Oxford Immunotec shareholders will be entitled to receive $22.00 in cash for each outstanding ordinary share. The terms of the acquisition value Oxford ...

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 20, 2021, Covington Alert

The Covington Technology Forum – Data in a Connected World, will be taking place on January 27th, 28th, and 29th. Intended for legal and business professionals who manage any aspect of the data economy for their organizations, the Forum will equip attendees with the information and insights they need in order to understand the evolving legal, regulatory and ...

January 8, 2021, Covington Alert

For several years, mobile health and wellness applications (“digital health apps”) have grown in scale and popularity. A global pandemic in 2020 further accelerated the trend, with increased demand for remote monitoring and communication platforms, as well as new methods for wellness and disease prevention. In parallel, there were a number of important U.S. ...

December 21, 2020, Inside Privacy

As the year comes to a close, a reminder that the California Consumer Privacy Act requires companies to update their privacy policies annually. Consequently, as you get ready to spread the holiday cheer, make sure your privacy policy gets some attention as well.… Continue Reading

December 21, 2020, Covington Digital Health

On December  10, 2020, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”) issued a proposed rule to modify the Standards for the Privacy of Individually Identifiable Health Information (the “Privacy Rule”) promulgated under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health ...

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 ...

December 18, 2020, Inside Privacy

On the eighth episode of our Inside Privacy Audiocast, we peer through the looking glass at the U.S. election and the future of privacy laws in the U.S. We discuss whether the November 3 election is likely to be a watershed event in the development of privacy laws in the U.S. In this episode, Dan...… Continue Reading

December 11, 2020, Inside Privacy

Yesterday, the California Attorney General (“AG”) proposed a fourth set of modifications to the California Consumer Privacy Act regulations. These modifications build on the third set of proposed regulations released by the AG in October, which we discussed here. Interested parties have until December 28 to submit comments in response. The proposed modifications ...

December 4, 2020, Inside Privacy

It’s the stuff of science fiction:  adversaries extract DNA information from a cup of coffee or postage stamp and use it infer one’s most private traits.  However, a recently released study entitled, “Data Sanitization to Reduce Private Information Leakage from Functional Genomics” discusses how this can be achieved, along with privacy measures that the life...… ...

January 2021, Privacy & Cybersecurity Law Report

November 5, 2020, Inside Privacy

Voters in California approved Proposition 24, which updates the California Consumer Privacy Act (“CCPA”) just a few months after the landmark regulations implementing the privacy law went into effect.  As we have previously explained, the California Privacy Rights Act (“CPRA”) will change the existing CCPA requirements in a number of ways, including limiting the ...

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 16, 2020, Covington Digital Health

California Attorney General Xavier Becerra (“AG”) announced in September a settlement against Glow, Inc., resolving allegations that the fertility app had “expose[d] millions of women’s personal and medical information.”  In the complaint, the AG alleged violations of certain state consumer protection and privacy laws, stemming from privacy and security ...

September 21, 2020, Inside Privacy

On September 1, the California legislature passed AB 713, a bill that creates a new healthcare-related exemption under the California Consumer Privacy Act of 2018 (“CCPA”).  All provisions of the bill will take effect immediately to prevent the CCPA from “negatively impact[ing] certain health-related information and research,” except for the required contractual ...

September 1, 2020, Inside Privacy

The California legislature has approved a contingency plan to ensure that certain California Consumer Privacy Act (“CCPA”) exemptions will be extended beyond December 2020.  Regardless of what happens with the November ballot initiative, businesses will have at least another year before they must comply with all of the CCPA’s provisions when collecting or using ...

August 18, 2020, Inside Privacy

Two developments in the past week will likely have a significant impact on businesses subject to the California Consumer Privacy Act (“CCPA”): the long-awaited CCPA regulations have been finalized and put into immediate effect with modifications, while at the same time it seems increasingly likely that the exemptions for employees’ and business-to-business ...

August 6, 2020, Covington Alert

On July 16, 2020, the Court of Justice of the European Union struck down the EU-U.S. Privacy Shield (“Privacy Shield”) in the Schrems II decision. Even though Schrems II invalidated the Privacy Shield with immediate effect as a matter of EU law, U.S. regulators swiftly indicated that they will continue to administer the Privacy Shield and that self-certified ...

June 22, 2020, Covington Alert

On June 1, California Attorney General Xavier Becerra announced that he has submitted to the Office of Administrative Law the final regulations implementing the California Consumer Privacy Act (“CCPA”). While the final regulations do not make any changes to the second modified version of the regulations released in March, the commentary released by the Attorney ...

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 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 1, 2020, Covington Digital Health

Senate Commerce Committee Chairman Roger Wicker is working on draft legislation that would regulate the collection and use of health and location information in connection with efforts to track and limit the spread of COVID-19.   Some key highlights of the tentatively titled “COVID-19 Consumer Data Protection Act” include: For the duration of the public ...

April 8, 2020, Covington Alert

As the world moves online during the COVID-19 pandemic, companies’ privacy and security practices are coming under increased scrutiny. Because class actions often follow such scrutiny, as demonstrated by lawsuits recently filed against Google and Zoom, companies should keep the following six developments on their radar as they rush to meet the demands of our new ...

March 18, 2020, Covington Alert

To assist companies that are developing technology solutions to help predict, mitigate or contain the spread of COVID-19, our cross-practice digital health team has put together a checklist of considerations to keep in mind. For additional guidance, please visit our COVID-19 Legal and Business Toolkit or reach out to us at COVID19@cov.com.

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 ...

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 ...

January 2020

Covington has created a list of Top 10 Questions for Ideation of Digital Health Solutions that can help lawyers contribute to the digital health ideation process. Our clients increasingly apply agile product and business development methodologies when they are developing digital health solutions. "Ideation" is part of that process and involves the rapid ...

October 29, 2019, Covington Digital Health

This is the sixth of our video posts on 10 questions that can help lawyers contribute to the digital health ideation process.  Today’s video explores the question: what are the limits on how the data can be used and disclosed?… Continue Reading

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 15, 2019, Covington Digital Health

This is the fourth of our video posts on 10 questions that can help lawyers contribute to the digital health ideation process.  Today’s video explores the question: what data will be needed to substantiate the offering?… Continue Reading

October 11, 2019, Covington Alert

On October 10, 2019, California state attorney general Xavier Becerra announced the release of proposed implementing regulations concerning the California Consumer Privacy Act (CCPA). Interested stakeholders can submit written comments until December 6, 2019 at 5 PM (Pacific Time). In addition, four public hearings will be held on December 2nd (Sacramento), ...

October 8, 2019, Covington Digital Health

This is the third of our video posts on 10 questions that can help lawyers contribute to the digital health ideation process.  Today’s video explores the question: who will provide the data used in the offering?… Continue Reading

September 27, 2019, Covington Alert

Real estate developer Alastair Mactaggart is making news with the announcement of another privacy ballot initiative, the California Privacy Rights and Enforcement Act (“CPREA”). He intends to include his new initiative on the November 2020 ballot.

May 13, 2019

NEW YORK—Covington advised Bayer in a definitive agreement to sell its Coppertone™ business to Beiersdorf AG, a provider of skin care products, for $550 million. Bayer is a global enterprise with core competencies in the life science fields of health care and nutrition. Its products and services are designed to benefit people by supporting efforts to overcome ...

April 5, 2019

WASHINGTON—Covington advised Elbit Systems of America, LLC, a subsidiary of Elbit Systems Ltd., in its definitive agreement with Harris Corporation for the acquisition of Harris' Night Vision business for a purchase price of $350 million. The closing of the transaction is subject to receipt of regulatory approvals. Elbit Systems Ltd. is an international high ...

July 3, 2018, Covington Alert

On June 28, 2018, the Governor of California signed the California Consumer Privacy Act of 2018 (“CCPA”). The new law is the most comprehensive data privacy statute in the United States and introduces significant privacy requirements for covered businesses. The CCPA takes effect on January 1, 2020, but based on comments from both the public-interest and business ...

January 24, 2018, Covington Alert

Digital advertising typically involves a vast network of publishers, advertisers and their agencies, advertising exchanges and networks, technology platforms, and measurement and data analytics providers. To help streamline the commercial dealings of all of these parties in this complex ecosystem, advertising industry self-regulatory groups have developed ...

December 15, 2017, Covington Digital Health

In this bonus edition of our checkup series, Covington’s global cross-practice Digital Health team considers some additional key questions about product liability and insurance coverage that companies across the life sciences and technology sectors should be asking as they seek to fit together the regulatory and commercial pieces of the complex digital health ...

November 30, 2017

WASHINGTON—Covington represented Aristocrat Leisure Limited in its $990 million acquisition of Big Fish Games, Inc. This acquisition expands Aristocrat’s Social Gaming business into new game genres. Aristocrat is a global provider of gaming solutions. It offers a diverse range of products and services including electronic gaming machines and casino management ...

August 11, 2017

WASHINGTON—Law360 named Covington partners Elizabeth Canter and Shankar Duraiswamy to its list of “Rising Stars for 2017.” This annual recognition honors top attorneys under 40 “whose legal accomplishments transcend their age.” Ms. Canter advises multinational companies on privacy, cyber security, and technology transaction issues. She has special expertise in ...

August 2, 2017, Law360

Libbie Canter was named a "Rising Star" by Law360, recognizing her as a top lawyer under 40 in Privacy & Cybersecurity law. In its profile of Canter, Law360 highlights her advisory role on significant transactions, including Microsoft’s $8.5 billion acquisition of video call service Skype.

October 3, 2016

WASHINGTON—Covington has promoted 13 lawyers to its partnership. “Our new partners reflect the excellence, strengths, and diversity of the firm and will play important roles in the firm for decades to come and will help drive our key practices to even greater success in the years ahead,” said Timothy Hester, Covington’s chair.  The new partners, who are based in ...

February 19, 2016, Law360

Mark Young and Libbie Canter are quoted in this Law360 article offering tips on how deal makers can mitigate cybersecurity risks.  According to Young, any discovered incidents can give buyers pause on how  — and if — they want to move forward. “We’ve dealt with at least a couple examples where deals were at least delayed if not reconsidered because of ...

October 13, 2015

WASHINGTON, DC, October 13, 2015 - Covington addresses the critical issue of how to manage risks associated with third-party outsourcing in Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers. Published in collaboration with Palo Alto Networks and the New York Stock Exchange, the book provides boards, executives and ...

October 2015, Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers

June 18, 2015

WASHINGTON, DC, June 18, 2015  — Covington advised Allergan plc in its acquisition of KYTHERA Biopharmaceuticals, Inc. for consideration having a fixed value of $75 per KYTHERA share, or approximately $2.1 billion, which will be paid 80 percent in cash and 20 percent in Allergan shares issued to KYTHERA shareholders. KYTHERA is a biopharmaceutical company ...

February 20, 2014

NEW YORK, February 20, 2014 — Covington & Burling represented Banco Bilbao Vizcaya Argentaria, an international financial group based in Spain, in its acquisition of financial technology company Simple. The acquisition is part of BBVA's strategy to lead the technology-driven change that is transforming the financial services industry. According to Francisco ...

December 23, 2013

WASHINGTON, DC, December 23, 2013 — Covington & Burling represented Gannett Co., Inc. in obtaining Federal Communications Commission approval of its acquisition of Belo Corp. Completed today, the $2.2 billion transaction nearly doubles the broadcast television portfolio of Gannett. The Covington team was led by Jennifer Johnson with assistance from Kurt ...

September 30, 2013, Covington E-Alert

September 16, 2013, Inside Tech Media

The Federal Trade Commission will host a workshop on December 4, 2013 in Washington, DC to examine so-called “native advertising.”  This term refers to the practice of blending advertisements with news, entertainment, and other content in digital media and is sometimes also referred to as “sponsored content.”  As an FTC blog post explains, “[w]hatever the...… ...

August 2, 2013

WASHINGTON, DC, August 2, 2013 — The U.S. District Court for the District of Columbia approved a precedent setting settlement earlier this week that will establish state-of-the-art reforms in the procedures and technology for delivering interpreter services to a nationwide class of 6,000 current and former deaf and hearing-impaired employees of the U.S. Postal ...

July 11, 2013, Inside Tech Media

Yesterday, the U.S. Senate Subcommittee on Consumer Protection, Product Safety and Insurance held a hearing entitled, “Stopping Fraudulent Robocall Scams: Can More Be Done?”   The hearing takes place two weeks after the FTC celebrated the ten-year anniversary of the its implementation of the Do Not Call Registry and on the heels of the FTC’s recent...… Continue ...

7/3/2013

WASHINGTON, DC, July 2, 2013 — Gannett Co., Inc. and Belo Corp. announced on June 13 that they have entered into a definitive merger agreement in which Gannett will acquire all outstanding shares of Belo for $13.75 per share in cash, or approximately $1.5 billion, and assume $715 million of Belo’s existing debt. Covington & Burling advised Gannett, the ...

December 22, 2012, Inside Tech Media

In response to recommendations by the mHealth Task Force, the Federal Communications Commission has launched a new website to serve as a central repository for the FCC’s health care-related work and is searching for a new position to coordinate the agency’s health care technology-related initiatives.   Chairman Genachowski convened the FCC’s first mHealth Summit ...

December 19, 2012, Inside Tech Media

The Federal Communications Commission yesterday released a Smartphone Security Checker, a tool designed to help consumers secure their smartphones against mobile security threats.  The tool provides consumers with tips that are customized for four different mobile operating systems.  Many of tips focus on security-related topics.  For instance, the tool ...

November 2, 2012, Inside Tech Media

Earlier this week, Google Inc. and Rosetta Stone Inc. settled their dispute over whether the sale of Rosetta Stone’s name to third parties for search-engine advertising constitutes an infringing use of Rosetta Stone’s trademark.  Google’s AdWords advertising platform permits third parties to purchase “sponsored links” that are shown to users whose online ...

September 10, 2012, Inside Tech Media

A recent study conducted by the Online Publishers Association and Frank N. Magid Associates, Inc. studied how consumers were accessing content, such as video and news information, and otherwise spending time on their smartphones.  “A Portrait of Today’s Smartphone User” reached the following conclusions: There are approximately 107 million smartphone users in ...

August 15, 2012, Inside Tech Media

Cable operators are turning to federal courts of appeal to challenge Federal Communications Commission activity relating to Section 616 of the Communications Act, which — along with the FCC’s implementing rules — prohibits vertically integrated cable operators  from discriminating against unaffiliated cable networks.   Comcast Appeals Carriage Decision to D.C. ...

August 8, 2012, Inside Tech Media

Last week, the Seventh Circuit found that copyright owners are unlikely to establish that a social bookmarking service is liable for contributory copyright liability, overturning a preliminary injunction granted by the district court.  In an opinion by Judge Richard Posner, the court concluded that merely referring or linking users to an online location ...

July 20, 2012, Inside Tech Media

Last week, a federal district court declined to enjoin Aereo’s “Watch Now” streaming service pending the outcome of a full trial in the copyright infringement law suit filed by the major networks and broadcast stations serving the New York DMA against Aereo. The parties sought to enjoin Aereo from streaming their programming for the duration of the...… Continue ...

May 2, 2012

SAN FRANCISCO, May 2, 2012 — Covington & Burling LLP advised the University of California, Santa Cruz on the creation of a national, federally-financed bioinformatics database. The database will serve as a secure repository for storing, cataloging, and accessing cancer genome sequences, alignments, and mutation information from leading cancer-related projects ...

February 27, 2012, Covington E-Alert

May 10, 2011

WASHINGTON, SAN FRANCISCO, BRUSSELS, AND LONDON, May 10, 2011 —Covington & Burling LLP is advising Microsoft Corp. in its acquisition of Skype Global S.à.r.l., the leading Internet communications company, for $8.5 billion in cash. Microsoft’s purchase of Skype from the investor group led by Silver Lake is expected to increase the accessibility of real-time ...

March 30, 2011

WASHINGTON, DC, March 30, 2011 — Covington & Burling LLP has secured an important victory in the U.S. Court of Appeals for the Fourth Circuit on behalf of Family Dollar Stores, Inc., which had been accused of violating the Fair Labor Standards Act. At issue is whether a group of current and former managers at Family Dollar Stores should qualify for overtime pay ...

December 1, 2010, Covington E-Alert

June 2010, Media Law Resource Center Bulletin

2009, 95 Va. L. Rev. 155