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- Home
- Professionals
- James M. Garland
James Garland's practice focuses on government investigations and enforcement matters, complex commercial litigation, and cybersecurity. Recognized by Chambers USA as a leading practitioner in both the white collar and cybersecurity categories, Mr. Garland draws upon his experience as a former senior Justice Department official to advise clients on sensitive, multi-dimensional disputes and investigations, often with national security implications. He previously served as co-chair of Covington's "Band 1"-ranked White Collar and Investigations Practice Group and currently is a member of the firm's eight-partner Management Committee.
Mr. Garland regularly represents corporate and individual clients in government investigations and enforcement actions. He has successfully handled matters involving allegations of economic espionage, theft of trade secrets, terrorism-financing, sanctions and export control violations, money laundering, foreign bribery, public corruption, fraud, and obstruction of justice. He has particular expertise advising clients in connection with investigations and disputes involving electronic surveillance and law enforcement access to digital evidence.
Mr. Garland has substantial experience litigating high-stakes, multidimensional business disputes for clients across a range of industries, including companies in the high-tech, financial services, defense, transportation, media and entertainment, and life sciences sectors. Many of his civil representations have substantial cross-border dimensions or involve parallel government enforcement proceedings in multiple forums.
In conjunction with his investigations and litigation practice, Mr. Garland regularly assists clients with cybersecurity preparedness and incident-response matters. He helps clients in assessing security controls and in developing policies and procedures for the protection of sensitive corporate data. He also regularly assists companies in responding to significant cybersecurity incidents, including in connection with criminal and state-sponsored attacks targeting customer and employee data, financial assets, and trade secrets.
From 2009 to 2010, Mr. Garland served as Deputy Chief of Staff and Counselor to Attorney General Eric Holder at the U.S. Department of Justice. In that role, he advised the Attorney General on a range of enforcement issues, with an emphasis on criminal, cybersecurity, and surveillance matters.
Government Investigations and Enforcement Actions
- Representation of international financial institution in federal money laundering investigation.
- Representation of leading global technology company in state and federal fraud investigations and related regulatory inquiries.
- Representation of financial institution executive in federal securities fraud investigation.
- Representation of leading apparel company in federal corruption investigation.
- Representation of a leading U.S. financial institution in a federal mortgage fraud investigation.
- Representation of a global transportation and logistics company in connection with federal investigations into government contract compliance and related suspension and debarment proceedings.
- Representation of a global agricultural company in connection with alleged violations of U.S. terrorism-financing laws.
- Representation of a former executive of a global financial institution in a federal wire fraud investigation into the alleged manipulation of LIBOR.
- Representation of an individual in connection with a federal investigation into the accidental crash-landing of drone on the White House lawn.
- Representation of a former U.S. intelligence officer in connection with a federal investigation into the alleged misappropriation of government property.
- Representation of an individual health care provider in connection with a federal public corruption investigation.
Litigation and Compliance Matters
- Representation of Microsoft Corporation in a successful constitutional challenge to the federal statute that allows courts to forbid technology companies from informing their customers about government demands for private emails and documents. See Microsoft Corp. v. U.S. Department of Justice, 2:16-cv-538-JLR (W.D. Wash.). The lawsuit resulted in nationwide reform of the government's practices under the statute.
- Representation of Microsoft Corporation in litigation challenging a U.S. search warrant seeking customer emails stored in Ireland. See In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation, No. 14-2985-cv (2d Cir. July 14, 2016).
- Representation of Microsoft in Foreign Intelligence Surveillance Court litigation challenging restrictions on tech company disclosures about government surveillance. See In re Motion to Disclose Aggregate Data Regarding FISA Orders, Misc. No. 13-04 (FISA Ct. 2014).
- Representation of Microsoft in a constitutional challenge to a "national security letter" issued by the FBI, resulting in the withdrawal of the letter. In re National Security Letter, 13-cv-01048 (W.D. Wash. 2014).
- Representation of leading technology companies in litigation and related compliance matters arising out of highly publicized unauthorized disclosures of classified U.S. intelligence information.
- Representation of the National Football League in connection with labor and antitrust disputes arising out of the expiration of the NFL Collective Bargaining Agreement. See Brady v. NFL, 644 F.3d 661 (8th Cir. 2011).
- Representation of a leading technology company in connection with potential litigation arising out of a CFIUS dispute.
- Representation of leading technology companies and non-profit organizations in connection with efforts to prevent the sexual exploitation of children on the Internet.
- Representation of a global financial institution in federal securities fraud litigation arising out of the default of more than $2 billion in asset-back securities.
- Representation of the NFL in contract litigation concerning cable carriage of the NFL Network.
- Representation of the NFL in a suit brought by the Oakland Raiders alleging tortious interference with the Raiders’ efforts to construct a new stadium in Los Angeles. See Oakland Raiders v. National Football League, 41 Cal. 4th 624 (2007) (reinstating NFL jury verdict).
- Representation of the NFL in federal antitrust actions challenging the League’s franchise relocation and expansion rules. See Hamilton County Board of Commissioners v. National Football League, 491 F.3d 310 (6th Cir. 2007) (affirming summary judgment for NFL); Warnock v. National Football League, 2005 U.S. App. LEXIS 24167 (3d Cir. Oct. 21, 2005) (affirming dismissal for NFL).
- Representation of the NFL in a federal antitrust action challenging the League's college draft eligibility rules. See Clarett v. National Football League, 369 F.3d 124 (2d Cir. 2004) (reversing and ordering summary judgment for NFL).
- Trial and appellate defense of Northrop Grumman Corporation in a trade secrets and breach-of-contract action.
Pro Bono
- Representation of a leading civil rights organization in connection with criminal justice policy initiatives and related litigation.
- Representation of a leading women's rights organization in connection with efforts to combat violent extremism against women's health care providers.
- Representation of capital defendants in post-conviction review proceedings in West Virginia and Alabama.
- Representation of a public health advocacy organization in First Amendment challenge to a federal appropriations bill.
Memberships and Affiliations
- Edward Bennett Williams Inn of Court, Barrister
- Southern Center for Human Rights, Board of Directors
Previous Experience
- U.S. Department of Justice, Deputy Chief of Staff and Counselor to the Attorney General (2009-2010)
- Price Waterhouse LLC, Management Consultant (1995-1997)
January 13, 2021, Covington Alert
On January 1, 2021, the United States Congress enacted the Anti-Money Laundering Act of 2020 (the “AMLA”), as part of the National Defense Authorization Act (the “Act”). The AMLA includes extensive and fundamental reforms to anti-money laundering (“AML”) laws in the United States, including the Bank Secrecy Act (“BSA”). We described the principal reforms — ...
December 18, 2020, Covington Alert
On December 18, 2020, the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, and Federal Deposit Insurance Corporation issued a notice of proposed rulemaking requiring a banking organization to notify its primary federal regulator within 36 hours of a significant cybersecurity incident and requiring a bank service ...
December 11, 2020, Covington Alert
On December 8, 2020, the House passed the National Defense Authorization Act (the “NDAA” or “Act”), which includes over 200 pages of significant reforms to the Bank Secrecy Act (“BSA”) and other anti-money laundering (“AML”) laws that have been working their way through Congress for several years. Despite some remaining objections from President Trump and ...
September 21, 2020, Covington Alert
On September 16, 2020, the Financial Crimes Enforcement Network (“FinCEN”) issued an Advance Notice of Proposed Rulemaking (the “ANPR”) seeking public comment on significant potential amendments to anti-money laundering (“AML”) regulations under the Bank Secrecy Act (“BSA”). The ANPR proposes three principal changes to the current BSA/AML regime — in ...
August 14, 2020, Covington Alert
On August 13, 2020 the Federal Reserve System, Federal Deposit Insurance Corporation, National Credit Union Administration, and Office of the Comptroller of the Currency (the Agencies) issued joint guidance to clarify and update their policies with respect to the enforcement of the Bank Secrecy Act’s (BSA’s) anti-money laundering (AML) program requirement.[1] ...
Catching Up With Covington's James Garland on COVID-19 Work and Crisis Response in the Trump Era
July 15, 2020, The National Law Journal
The National Law Journal interviewed James Garland about his experience working from home and the recent actions of the DOJ. Now that it has been four months since offices in D.C. largely closed down and he has been working from home, Mr. Garland says, “Fortunately, our practices have remained busy, even into the pandemic. So we’ve got a lot of matters still ...
June 23, 2020, Covington Alert
On June 22, 2020, President Trump issued a proclamation titled “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” (“June 22 Proclamation”). The June 22 Proclamation blocks the entry of foreign workers entering the United States on certain nonimmigrant visa categories, including H-1B, H-2B, ...
April 23, 2020, Covington Alert
On April 22, 2020, President Trump issued a proclamation titled “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” (the “Proclamation”). The Proclamation prohibits, for 60 days beginning on April 23, 2020, individuals who are currently outside the United States from ...
Criminal Statutes of Limitations and Speedy Trial Act Considerations During the COVID-19 Pandemic
April 3, 2020, Covington Alert
COVID-19 (hereinafter, “the coronavirus”) is causing significant interruptions to the legal system across the United States, with implications for actual and potential subjects in government investigations and defendants in enforcement actions. This client advisory analyzes the pandemic’s potential effects on the default statute of limitations for federal crimes ...
January 30, 2020, Covington Alert
It has been another strong year in anti-corruption enforcement, with 2019 meeting or beating the high-water mark for enforcement across a number of measurements.
December 17, 2019, Covington Alert
On Friday, December 13, Principal Deputy Attorney General David Burns of the Justice Department’s (“DOJ’s” or “the Department’s”) National Security Division (“NSD”), announced a new DOJ policy for business organizations that voluntarily disclose potential criminal violations of the U.S. export controls and sanctions laws to NSD’s Counterintelligence and Export ...
May 10, 2019, Covington Alert
On April 30, 2019, the U.S. Department of Justice (“DOJ”) Criminal Division released an updated version of the Evaluation of Corporate Compliance Programs (the “Guidance”), which serves as a reference for prosecutors in assessing corporate compliance programs in the context of DOJ investigations.
April 3, 2019, Covington Alert
In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”). The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...
April 3, 2019, Covington Alert
In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”). The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...
Q1 2019, Covington Alert
It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...
Winter 2019, Covington Alert
It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...
Former FBI official joins Covington
September 7, 2018, Global Investigations Review
Trisha Anderson and James Garland are quoted in Global Investigations Review regarding Ms. Anderson rejoining the firm. Mr. Garland believes Ms. Anderson will be a valuable asset to helping navigate the U.S. Cloud Act. He says, “Trisha has that ability to spot the pain points for both the clients and the government and help figure out a way forward. Sometimes ...
March 27, 2018, Covington Alert
On March 23, 2018, Congress passed, and President Trump signed into law, the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which creates a new framework for government access to data held by technology companies worldwide.
January 25, 2018, Covington Advisory
Our message this year is simple: FCPA enforcement is here to stay. Despite pre-election statements to the contrary, various senior officials in the U.S. Department of Justice (“DOJ”) and U.S. Securities and Exchange Commission (“SEC”) have, over the past year, consistently reaffirmed DOJ’s and the SEC’s commitment to FCPA enforcement.
October 24, 2017
WASHINGTON—As the result of a high-profile First Amendment challenge to the federal statute invoked by law enforcement to impose gag orders on technology companies, Microsoft, and its counsel Covington and Davis Wright Tremaine, have secured landmark reform of the U.S. Department of Justice's approach to digital surveillance. Covington and Davis Wright Tremaine ...
October 24, 2017, The Litigation Daily
Jim Garland and Alex Berengaut are quoted by The Litigation Daily in an article regarding the role Covington and co-counsel Davis Wright played together on behalf of Microsoft that led to a groundbreaking policy memo from Deputy Attorney General Rod Rosenstein curbing the government's use of gag orders on tech companies. “It’s not always the case that the tech ...
The EU Gets Serious About Cyber: The EU Cybersecurity Act and Other Elements of the "Cyber Package"
September 18, 2017, Covington Alert
Last week, in his annual State of the European Union Address, the President of the European Commission Jean-Claude Juncker called out cybersecurity as a key priority for the European Union in the year ahead. In terms of ranking those priorities, President Juncker placed tackling cyber threats just one place below the EU leading the fight against climate change, ...
Covington Advises Aristocrat in Acquisition of Plarium and Related Acquisition Financing
August 15, 2017
WASHINGTON—Covington, together with Israeli-based law firm Allens and Herzog Fox & Neeman, is representing Aristocrat Leisure Limited, a leading provider of gaming solutions, in its acquisition of Plarium Global Limited and the related acquisition financing. Aristocrat will make an upfront cash payment of $500 million plus earn-out payments based on Plarium’s ...
May 23, 2017, The Wall Street Journal
James Garland is quoted in The Wall Street Journal's "Morning Risk Report" regarding the announcement of the Terrorist Financing Targeting Center which will be co-chaired by the U.S. and Saudi Arabia. It's "hard to know whether this will amount to much," says Garland, noting no funds from existing programs will be diverted to support the center. He adds, ...
Trump’s Tweets: A PR Danger Zone
February 9, 2017, Corporate Counsel
Jim Garland was interviewed by Corporate Counsel to discuss how companies are preparing for President Trump’s tirades on Twitter. According to Garland, “It would be hard to overstate the degree of anxiety that our corporate clients have about finding themselves in the crosshairs of a Trump tweet outburst. We’re getting tons of questions and requests for guidance ...
September 20, 2016
WASHINGTON—Global Investigations Review has named the Microsoft warrant access case as the winner of the “Most Important Court Case of the Year.” Covington served as co-counsel to Microsoft and helped secure a landmark win in the U.S. Court of Appeals for the Second Circuit. GIR also ranked Covington among the top 15 investigations practices in the world in its ...
August 11, 2016, The American Lawyer
James Garland participated in a Q&A with The American Lawyer regarding the firm’s relationship with Microsoft and its recent work on an important internet search case in the Second Circuit. According to Garland, “Microsoft has a very strategic approach toward its legal functions and litigation in particular. In cases like this that are of strategic policy ...
Covington hires cyber expert
July 27, 2016, Global Investigations Review
Stephen Surdu and James Garland are quoted in a GIR article regarding Surdu’s arrival to Covington as a Senior Cybersecurity Advisor. “In the fog of war, companies do not think clearly,” Surdu says. “They want to do the right thing, but they do not quite know what that is. As someone who has handled many cybersecurity investigations, I can help calm the ship.” ...
July 25, 2016, Covington Alert
Search warrants served on U.S. Internet companies and cloud service providers cannot obtain customer data stored overseas, the U.S. Court of Appeals for the Second Circuit ruled on July 14. The federal appellate decision focuses on warrants issued under the federal Electronic Communications Privacy Act (“ECPA”) and formally applies only in the Second Circuit, ...
July 18, 2016, The American Lawyer
James Garland and Steve Surdu are quoted in an American Lawyer article regarding the launch of Covington’s Cybersecurity Incident Response Team, highlighted by Surdu’s recent arrival as a Senior Cybersecurity Advisor. According to Garland, "The lawyers that do the interviews and oversee the forensic investigation, we're experienced but we're not engineers." He ...
July 14, 2016
WASHINGTON—The U.S. Court of Appeals for the Second Circuit has ruled in favor of Covington’s client Microsoft Corporation in its challenge to a U.S. warrant seeking customer emails stored in Ireland. Microsoft argued that the warrant—issued under the Electronic Communications Privacy Act (ECPA)—could not be used to obtain emails stored abroad because it would ...
June 13, 2016, Covington Alert
April 23, 2016, The Washington Post
James Garland is quoted in this Washington Post article discussing whether the discovery of alternative ways to unlock iPhones without the help of Apple during investigations undermines the Justice Department’s case in seeking similar, future court orders. According to Garland, “[T]he fact that they subsequently figured out how to do it — without Apple’s help — ...
February 19, 2015, Inside Counsel
5 cybersecurity questions in-house counsel should consider in light of the Sony breach
February 19, 2015, Inside Counsel
Covington's David Fagan, James Garland and Kurt Wimmer have authored this article on questions that in-house counsel should be able to answer about his or her organization’s legal and business cybersecurity risk profile: "In the wake of the much publicized North Korean cyber-attacks against Sony — as well as recent favorable rulings for the plaintiffs in class ...
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 ...
United States v. Esquenazi - U.S. Court of Appeals Clarifies FCPA's 'Foreign Official' Standard
May 23, 2014, Covington Advisory
February 13, 2014, Covington E-Alert
January 21, 2014, Covington E-Alert
January 9, 2014, Covington E-Alert
February 14, 2013, Covington E-Alert
Covington Named to GCR’s Global Elite
February 6, 2012
BRUSSELS, 6 February, 2012 — The Global Competition Review has named Covington & Burling to the Global Elite, a list of the top 20 competition practices worldwide recognised in its annual GCR 100 rankings. The 2012 edition of the publication’s GCR 100 provides extensive analysis of antitrust groups in 41 jurisdictions around the world. In honoring Covington, ...
September 29, 2010
WASHINGTON, DC, September 29, 2010 — Covington & Burling LLP is pleased to announce that, after serving at the U.S. Department of Justice as Deputy Chief of Staff and Counselor to the Attorney General, former Covington partner Jim Garland will return to the firm on October 1. His practice will focus on complex commercial litigation, including matters involving ...
Covington Promotes 12 Lawyers to the Partnership
10/1/2008
WASHINGTON, DC, October 1, 2008 — Covington & Burling LLP today announced that 12 of its lawyers have been elected to the firm’s partnership. These new partners are resident in four of the firm’s offices and practice in the litigation, corporate/tax, and regulatory fields. Timothy Hester, chair of the firm’s management committee, commented: “These young and ...
- Chambers USA, Privacy & Data Security and White Collar (2019-2020)
- Chambers Global, Privacy & Data Security (2020)
- BTI Client Service All-Star (2019)
- Legal 500 US, Cyber Law (2015-2017); White-Collar Criminal Defense (2011, 2013); and Antitrust (2011)
- Washington DC Super Lawyers, Criminal Defense: White Collar (2013-2020)
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