Marney Cheek

May 17, 2020, Kyiv Post

March 25, 2020, Covington Alert

USTR may exclude tariffs on Chinese imports related to COVID-19 response In response to COVID-19, the Office of the U.S. Trade Representative ("USTR") announced on March 20, 2020, that it is inviting comments on possible modifications to the list of goods from China subjected to additional tariffs under Section 301 of the Trade Act of 1974 (“Section 301 ...

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 ...

January 17, 2020, Covington Alert

On January 15, 2020, President Trump and Chinese Vice Premier Liu He signed the much-anticipated “Phase One” trade agreement between the U.S. and China. Set to take effect no later than February 14, 2020, the “Economic and Trade Agreement Between the United States of America and the People’s Republic of China” (the “Agreement”) is the first formal accord ...

December 9, 2019, Covington Alert

On December 6, 2019, the Office of the U.S. Trade Representative (USTR) published a notice determining that the Digital Service Tax of France (“the DST”) is unreasonable or discriminatory and burdens or restricts U.S. commerce under Section 301 of the Trade Act of 1974.

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 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 ...

October 21, 2019, Covington Alert

On October 18, 2019, the U.S. Administration announced the launch of a new product-specific exclusion request process for tariffs on approximately $112 billion in Chinese imports that were imposed on September 1, 2019. The exclusion process will close on January 31, 2020, and its requirements are similar to those applicable to the latest exclusion process for an ...

October 1, 2019, Law360

Law360 covered William Phillips, David Pinsky, Joshua Picker, Marney Cheek, and William Lowery’s representation of Naftogaz, Ukraine's state-owned oil and gas company, in its pursuit of documents from Gazprom's Dallas-based oil and gas reserves auditor as the company pursues litigation in the Netherlands to enforce a $2.56 billion arbitral award against the ...

September 18, 2019

  📄 Download PDF of Client Alert  The Nagoya Protocol on Access and Benefit Sharing is the main global mechanism to regulate the access and utilization of biological resources. The agreement entered into force nearly five years ago, on October 12, 2014, as a supplement to the 1992 Convention on Biological Diversity Today, 118 countries are a contracting party ...

September 5, 2019, Cyrus R. Vance Center for International Justice

August 30, 2019, Covington Alert

On August 27 and 29, 2019, the U.S. Administration released notices concerning increases in certain tariffs on Chinese imports, marking the latest escalation in bilateral trade frictions.

August 27, 2019, Global Arbitration Review

Marney Cheek is quoted in Global Arbitration Review regarding Eli Lilly & Company’s victory over a French biotech company that alleged it had misused trade secrets and confidential information. Ms. Cheek says, “We are very pleased that the tribunal acknowledged the innovative and independent work of Lilly scientists. We are delighted with the outcome.”

August 26, 2019, Litigation Daily

Marney Cheek is quoted in Litigation Daily regarding the firm’s win for Eli Lilly & Company against a French biotech company regarding alleged misappropriation of trade secrets. Ms. Cheek says, “We are very pleased that the tribunal acknowledged the innovative and independent work of Lilly scientists. We are delighted with the outcome.”  

August 23, 2019

WASHINGTON—Covington has secured a complete victory for our client Eli Lilly & Company against French biotech company Adocia S.A., defeating Adocia’s claims of $1.39 billion for alleged misappropriation of trade secrets in an arbitration before a three-member panel at the American Arbitration Association (AAA).  After extensive written submissions and a lengthy ...

August 23, 2019, Law360

June 21, 2019, Covington Alert

Earlier this week, the Office of the U.S. Trade Representative (USTR) announced a process through which companies can request that their products be excluded from duties imposed on $200 billion in Chinese imports under Section 301 of the Tariff Act of 1974 (Section 301). Tariffs on these imports have been in effect since September 2018, and recently increased ...

June 14, 2019

LONDON—The American Lawyer and Legal Week have named Covington its Transatlantic Arbitration Team of the Year. The award focuses on a single case that involved significant lawyering on both sides of the Atlantic and that demonstrated excellence in legal expertise and innovation, project management skills, and teamwork. The publications recognized Covington for ...

May 25, 2019

WASHINGTON—Advised by Covington, Ukraine’s Ministry of Foreign Affairs secured a significant victory against the Russian Federation in a dispute arising under the U.N. Convention on the Law of the Sea. The International Tribunal for the Law of the Sea (“ITLOS”), a 21-judge international tribunal based in Hamburg, ordered Russia to release three Ukrainian naval ...

May 14, 2019, Covington Alert

On May 13, days after increasing tariffs on $200 billion in Chinese imports, the U.S. Administration proposed imposing an additional 25 percent tariff on a new list of $300 billion in Chinese imports. The Administration cited China’s “failure to meaningfully address” problematic intellectual property (IP) practices and its retaliatory responses to U.S. tariffs ...

May 10, 2019, The Law Society Gazette

Investment treaties are agreements between states on the treatment of foreign investment. Many investment treaties, as well as investment chapters of trade agreements, allow foreign investors to bring claims against a host state in international arbitration for violations of the host state’s treaty obligations vis-à-vis that investor and its investments in the ...

May 8, 2019, Covington Alert

On May 8, the U.S. Administration confirmed its intent to increase tariffs on $200 billion in Chinese imports from 10 percent to 25 percent, effective Friday, May 10, 2019, and establish a process for requesting exclusions from these tariffs. As justification for these actions, the Administration cites the “lack of progress in discussions with China” and ...

April 23, 2019, Commercial Dispute Resolution

Commercial Dispute Resolution mentioned Covington as legal counsel to Naftogaz, Ukraine’s state-owned oil and gas company, advising the company in its victory over the Russian government that illegally expropriated the oil company’s assets in Crimea.   David Pinsky described it as “an important day” for the oil company, explaining: “Russia targeted Naftogaz’s ...

March 1, 2019

WASHINGTON—Covington secured a major victory on behalf of Ukraine’s state-owned oil and gas company, NJSC Naftogaz of Ukraine, in an international arbitration against the Russian Federation. A tribunal sitting at the Permanent Court of Arbitration, in The Hague, concluded that Russia unlawfully expropriated Naftogaz’s assets in Crimea, in violation of Russia’s ...

February 19, 2019, Covington Alert

Late last week, President Trump signed an appropriations bill to keep the government funded. In its Joint Explanatory Statement accompanying this legislation, Congress directed the Trump Administration to establish an exclusion request process for tariffs on $200 billion in Chinese imports by March 17, 2019, in line with the process provided for prior rounds of ...

December 3, 2018, Covington Alert

On December 1, during a working dinner meeting in Buenos Aires following the G20 Summit, U.S. President Donald J. Trump and Chinese President Xi Jinping agreed to temporarily ease trade tensions as both sides continue negotiating over longer-term solutions to U.S. concerns about bilateral economic relations.

November 9, 2018

Marney Cheek has been nominated to serve on the American Society of International Law's Executive Council. The American Society of International Law is dedicated to the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice.

October 2, 2018, Covington Alert

On September 30, 2018, the United States and Canada announced the successful conclusion of negotiations that will allow Canada to join the United States and Mexico in signing a revised North American Free Trade Agreement (“NAFTA”).

September 18, 2018, Covington Alert

On September 17, 2018, the Office of the U.S. Trade Representative (USTR) released its final list of approximately $200 billion in Chinese imports subject to an additional ad valorem tariff. The final list, which covers 5,745 product categories, will take effect on September 24, 2018.

August 8, 2018

The Trump Administration has released its final list of approximately $16 billion in Chinese imports that will be subject to an additional 25 percent ad valorem tariff, which will go into effect on August 23, 2018. The Administration has announced that it will provide an opportunity to request that "particular products" subject to the additional duties be ...

July 11, 2018, Covington Alert

Last night, the Office of the U.S. Trade Representative (“USTR”) released a new proposed list of $200 billion worth of products from China that could face an additional 10 percent ad valorem tariff. The list covers 6,031 product categories, including a multitude of consumer goods such as luggage, tires, furniture, apparel, mattresses, household goods, components ...

June 13, 2018

WASHINGTON—Covington submitted a Memorial to the International Court of Justice on behalf of Ukraine that documents violations of international law by the Russian Federation. The Memorial, accompanied by a substantial evidentiary record, establishes that the Russian Federation has violated the International Convention for the Suppression of the Financing of ...

May 4, 2018, Covington Alert

The Trump Administration’s senior economic and trade officials held talks with their Chinese counterparts in Beijing, May 3-4. The talks concluded with no agreement, and each side tabled expansive demands that appear well beyond what the other side would be able to accept.

April 11, 2018, Law360

Marney Cheek is quoted in a Law360 article regarding issues that could exist under USTR Lighthizer's proposed alternatives to investor-state arbitration in a renegotiated NAFTA. "I think the main problem with his proposed solutions is that they're all limited in scope, and so there's very serious enforcement gaps," says Cheek. Commenting on the fact that ...

April 4, 2018, Covington Alert

On April 3, the Trump Administration proposed a list of approximately 1,300 products originating from China that would bear an additional 25 percent ad valorem import tariff and requested public comments on the list, following the Administration’s determination last month that China’s technology transfer and intellectual property (“IP”) policies are harming U.S. ...

March 23, 2018, Global Policy Watch

March 22, 2018 Earlier today, the administration announced its findings that China’s theft of U.S. technologies and intellectual property (“IP”) have caused at least $50 billion in harm to the U.S. economy per year. In response, President Trump issued an order announcing its intent to impose additional tariffs on Chinese imports, curtail Chinese investment ...

March 22, 2018, Covington Alert

Earlier today, the administration announced its findings that China’s theft of U.S. technologies and intellectual property (“IP”) have caused at least $50 billion in harm to the U.S. economy per year.

March 15, 2018, Global Policy Watch

Following the recent U.S. announcement of tariffs on steel and aluminum imports under Section 232 of the Trade Expansion Act of 1962, the United States is now poised to implement trade sanctions against China stemming from an investigation of that country’s intellectual property (“IP”) practices. Such sanctions, which could include significant and maybe even ...

March 15, 2018, Covington Alert

Following the recent U.S. announcement of tariffs on steel and aluminum imports under Section 232 of the Trade Expansion Act of 1962, the United States is now poised to implement trade sanctions against China stemming from an investigation of that country’s intellectual property (“IP”) practices.

January 23, 2018, Law360

Marney Cheek is quoted in a Law360 article regarding a $2.3 million settlement between labor unions and a global fashion brand over garment factory conditions under the Accord on Fire and Building Safety in Bangladesh. “These settlements show that an enforcement mechanism like arbitration can be a critical part of ensuring compliance with the Bangladesh Accord,” ...

January 23, 2018, Global Arbitration Review

Marney Cheek is quoted in a Global Arbitration Review article regarding a recent settlement that was reached between labor union federations and a global fashion brand under the Accord on Fire and Building Safety in Bangladesh. Cheek, who led the Covington team acting for IndustriALL Global Union and UNI Global Union, says, "The Bangladesh accord arbitrations ...

January 22, 2018

WASHINGTON—Covington has helped secure a historic settlement on behalf of global union federations, Industrial Global Union and UNI Global Union, in an arbitration under the Accord on Fire and Building Safety in Bangladesh, a legally binding agreement to create a framework for safe working conditions in the Bangladeshi Ready-Made Garment industry.  Signed in ...

November 22, 2017, Law360

Marney Cheek is quoted in a Law360 article examining what updated renegotiation objectives for NAFTA mean for investment arbitration. According to Cheek, "The reference in the [investor-state dispute settlement] negotiating objectives to 'U.S. sovereignty' and 'the maintenance of strong U.S. domestic industries' appears to be a euphemism for telling U.S. ...

November 22, 2017, Global Arbitration Review

Marney Cheek is quoted in a Global Arbitration Review article examining the Administration's updated objectives with regard to the reform of investor-state dispute settlement (ISDS). According to Cheek, the reference in the objectives to finding a “meaningful procedure for resolving investment disputes” echoes the wording used by Congress in the Trade Promotion ...

May 18, 2017, Covington Alert

On May 18, 2017, newly confirmed U.S. Trade Representative Robert Lighthizer formally notified Congress that President Trump intends to renegotiate the North American Free Trade Agreement (NAFTA). The Trump Administration has indicated that it will request public input on the “direction, focus, and content” of these negotiations, and will publish notice in the ...

May 4, 2017, Covington Alert

Investments in developing economies offer substantial benefits for many reasons, including their growth potential. But they often come with greater economic and political risks. Investment-protection treaties are an important and relatively inexpensive tool to manage some of those risks. Most bilateral and multilateral investment treaties provide foreign ...

December 2, 2016, Global Policy Watch

President-elect Donald Trump made trade policy a key issue in his campaign and has declared his interest in either withdrawing from or renegotiating the North American Free Trade Agreement (NAFTA). Government officials from Mexico and Canada have publicly stated that their respective governments are open to renegotiating the treaty. As a result, companies that ...

November 26, 2016, Asia Times

Marney Cheek is quoted in an Asia Times article regarding the use of a bilateral investment treaty (BIT) to defuse Sino-U.S. tension over acquisitions. According to Cheek, “Successful negotiation of a U.S.-China BIT has never been more important.” She continues, “An agreement would provide legal certainty for foreign investors from both countries at a very ...

April 8, 2016, Law360

Marney Cheek’s remarks made at the American Bar Association’s Annual Intellectual Property Conference are quoted in this Law360 article discussing the overbearing rules that “claw back” food names. According to Cheek, geographical indications often serve as “trade barriers” to geographically descriptive foods that have become generic to consumers, such as ...

March 17, 2016, Law360

January-February 2016, CDR News

Marney Cheek is quoted extensively in a CDR article offering a US perspective of TTIP. According to Cheek, “even though the US and EU represent the world’s largest trade and investment relationship, the TTIP has not, to date, received the same level attention in the United States as it has in Europe.” She points out that the “debate over investor-state ...

December 30, 2015, BNA's International Trade Daily

November 24, 2015, Global Policy Watch

Note: This post is the third in a series of posts on the final text of the Trans-Pacific Partnership (TPP) by Covington’s International and Public Policy lawyers.  The final TPP text, which was released on November 5, 2015, is available here.  TPP is not expected to enter into force until at least 2016, with the...… Continue Reading

November 17, 2015, Global Policy Watch

Note: This post is the second in a series of posts on the final text of the Trans-Pacific Partnership (TPP) by Covington’s International and Public Policy lawyers.  The final TPP text, which was released on November 5, 2015, is available here.  TPP is not expected to enter into force until at least 2016, with the timeline...… Continue Reading

October 1, 2015, Dispute Resolution Guide 2015

July 23, 2015

LONDON, July 23, 2015 — Covington has launched a new app designed specifically for smart phones and tablets called ‘The Arbitration Handbook’. The app compiles over 90 resources (arbitral rules, treaties, national laws and guidelines) commonly used in international arbitration into one convenient electronic resource, while enabling users to bookmark and ...

July 23, 2015, Global Arbitration Review

A piece on our new arbitration app quoting Marney Cheek and Jeremy Wilson and mentioning William Lowery’s and Catherine Karia’s roles in developing the app.

June 17, 2015, International Financial Law Review

Marney Cheek was quoted in this article.

May 18, 2015, Global Policy Watch

Almost all of the more than 3,000 bilateral investment treaties (BITs) in existence offer foreign investors the protection of “fair and equitable treatment” under international law.  India’s new draft model BIT does not.  In place of the well-established standard of protection, which has been interpreted and applied in hundreds of prior investment arbitrations, ...

April 23, 2015, Global Policy Watch

Recent calls by anti-trade groups to abandon investor-state arbitration (often referred to as “investor-state dispute settlement,” or ISDS) ignore the modern reality of the global economy and conjure images of Chicken Little’s warnings that the sky is falling. Investment flows exceeded $1.45 trillion globally in 2013. Of the billions of dollars in cross-border ...

April 22, 2015, The Hill

Covington's Marney Cheek and John Veroneau wrote this article on Investor-state dispute settlement: "Recent calls by anti-trade groups to abandon investor-state arbitration (often referred to as “investor-state dispute settlement,” or ISDS) ignore the modern reality of the global economy and conjure images of Chicken Little’s warnings that the sky is falling. ...

April 22, 2015, The Hill

December 17, 2014, Covington E-Alert

September 16, 2014, CDR

Covington partners Marney Cheek and Jonathan Gimblett are featured in this article regarding their representation of Yukos minority shareholders: “The writing is on the wall. Once again, Russia has been held accountable for its actions,” Marney Cheek, a Covington & Burling partner who represented the Spanish investors, tells CDR.  Indeed, Jonathan Gimblett, ...

9/11/2014

WASHINGTON, DC, September 11, 2014 — The Stockholm District Court today dismissed the Russian Federation’s jurisdictional challenge to a previous arbitration ruling that ordered Russia to compensate a group of Spanish investors for the losses they suffered when the government expropriated the Yukos Oil Company, one of the largest oil and gas companies in the ...

September 12, 2014, Global Arbitration Review

The articles above reference the Stockholm District Court dismissing the Russian Federation’s jurisdictional challenge to a previous arbitration ruling that ordered Russia to compensate a group of Spanish investors for the losses they suffered when the government expropriated the Yukos Oil Company, one of the largest oil and gas companies in the world. The ...

August 4, 2014, Covington E-Alert

August 4, 2014, Law360

Marney Cheek, Jonathan Gimblett and David Pinsky have authored this article on Russia's threats to retaliate against U.S. and European companies in response to new sanctions imposed by the United States and the European Union: "Russian lawmakers’ recent threats to retaliate against U.S. and European companies in response to new sanctions imposed by the United ...

July 11, 2014, Covington Advisory

June 26, 2014, Covington E-Alert

June 24, 2014, Global Policy Watch

The United States and the European Union are currently negotiating a comprehensive, high standard trade agreement.  Launched in 2013, the Transatlantic Trade and Investment Partnership (TTIP) seeks to unlock economic growth by further opening the US and EU markets, addressing regulatory barriers that result in significant costs to companies operating or seeking ...

June 2, 2014, Global Policy Watch

This post originally appeared on Investment Policy Central. A U.S.-China bilateral investment treaty (BIT) will serve as the cornerstone for the bilateral economic relationship between these two economic powerhouses for years to come.  It puts in place important rules that protect U.S. investors against discrimination and arbitrary treatment, with the United ...

May 28, 2014, Investment Policy Central

Covington's Marney Cheek has authored a blog post for Investment Policy Central regarding the U.S. - China Bilateral Investment treaty. "A U.S.-China bilateral investment treaty (BIT) will serve as the cornerstone for the bilateral economic relationship between these two economic powerhouses for years to come. It puts in place important rules that protect U.S. ...

May 13, 2014, Covington E-Alert

April 29, 2014, Covington E-Alert

April 28, 2014, Covington E-Alert

April 15, 2014, Covington E-Alert

March 21, 2014, Covington E-Alert

March 18, 2014, Covington E-Alert

March 13, 2014, Law360

Covington partner Marney Cheek is quoted regarding potential economic sanctions targeting Russians and Ukrainians responsible for the unrest in Ukraine: “My sense is that the administration is waiting to see the outcome of any referendum regarding the status of Crimea...Sanctions are an appropriate response in the short term. But an ultimate goal, at least after ...

March 6, 2014, Covington E-Alert

March 5, 2014, Covington E-Alert & Advisory

February 14, 2014, Legal Week

Marney Cheek was quoted on investor-state dispute settlement.

January 24, 2014, The Moscow Times

Marney Cheek discussed resolving claims of American shareholders in Yukos Oil Company.

November 20, 2013, Covington E-Alert

November 18, 2013

WASHINGTON, DC, November 18, 2013 — The Federal Communications Commission has unanimously approved a request by the Coalition for Broadcast Investment to relax a long-standing cap on foreign investment in broadcast companies. Covington & Burling represented the coalition in a two-year effort to secure greater opportunities for foreign investment in broadcasting ...

September 19, 2013, U.S. Chamber of Commerce

April 27, 2013, India and the United States – The Evolving Legal Landscape for Cross Border Transactions

March 15, 2013, One Year Anniversary of KORUS Implementation

February 20, 2013, Law360

Marney Cheek was interviewed about the state of the international trade bar and her practice at Covington.

September 21, 2012, 4th Annual ABA Conference on The Resolution of CIS-Related Business Disputes

July 26, 2012

WASHINGTON, DC, July 26, 2012 — An international tribunal ordered the Russian government to compensate a group of Spanish investors for the losses they suffered when Russia seized the Yukos Oil Company, one of the largest oil and gas companies in the world. The Spanish investors sought compensation under the bilateral investment treaty between Spain and the ...

April 20, 2012, ABA Litigation Section Annual Conference

April 20, 2012, Covington E-Alert

April 16, 2012, Covington E-Alert

April 11, 2012

WASHINGTON, DC, April 11, 2012 — Law360 has named Covington & Burling partner Marney Cheek a recipient of its “Rising Star” award in the international trade category. The award honors attorneys under the age of 40 whose accomplishments in major client matters belie their age, according to Law360. In an April 10 profile of Ms. Cheek, Law360 noted her “expertise ...

February 23, 2012, Covington & Burling LLP Webinar

September 13, 2011

WASHINGTON, DC, September 13, 2011 — Covington & Burling LLP has been named as one of the nation’s best law firms for women lawyers by the National Association of Female Executives and Flex-Time Lawyers. The firm has won the award every year that the award has been given. The 50 winning firms were selected to the “Best Law Firms for Women” based on their ...

June 21, 2011, Covington E-Alert

February 22, 2011, Covington E-Alert

December 2, 2010, Covington E-Alert

March 8, 2010, Covington E-Alert

10/1/2009

WASHINGTON, DC, October 1, 2009 — Covington & Burling LLP today announced that ten of its lawyers have been elected to the firm’s partnership effective today. The new partners practice in the corporate, litigation, and regulatory fields. The ten new partners and their practices are as follows:  Marney Cheek (International) represents companies and trade ...

September 29, 2009, Covington E-Alert

4/8/2009

WASHINGTON, DC, April 8, 2009 — Covington & Burling LLP has secured a major victory in an international arbitration against Russia on behalf of Spanish holders of Yukos American Depositary Receipts (ADRs). The decision on jurisdiction, under the rules of the Arbitration Institute of the Stockholm Chamber of Commerce, is expected to have important implications ...

April 7, 2009, Covington E-Alert

April 1, 2009, Covington E-Alert

February 5, 2009, Covington E-Alert

September 27, 2007

WASHINGTON, DC, September 27, 2007 — Covington & Burling LLP partner Stuart Eizenstat was recently named a “Leading International Trade Lawyer” by Legal Times as part of that publication’s series profiling the top ten lawyers in particular practice areas. Mr. Eizenstat heads the firm’s international practice. The feature story, published on September 17th, ...

July/August 2007, Trademark World

May 15, 2007, Covington E-Alert

May/June 2007, Reprinted with permission from Foreign Affairs