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We help clients navigate issues at the intersection of law and policy around the world.
Covington’s distinctively collaborative culture allows us to act as one team globally.
Recognized as a top firm by Chambers Asia Pacific, Covington is highly regarded for its work throughout Asia. The firm represents leading Asian companies on outbound matters and major U.S. and European companies on their Asia-related matters.
From our offices in China and Korea and through close relationships in Japan and elsewhere, our team advises on a variety of challenging cross-border transactional, regulatory, compliance and litigation matters.
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.
Joy Global Acquisition of Mining Equipment Manufacturer
Represented Joy Global in its $1.5 billion acquisition of International Mining Machinery Holdings Ltd.
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.
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.
Acquisition of Global Crossing
Represented Global Crossing in its acquisition by Singapore Technologies Telemedia and earlier phase involving Hutchison Whampoa.
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.
Airline Global Distribution Arrangements in Asia
Represented 7 out of 11 airlines in the Abacus International consortium, in long-term global distribution agreements in connection with the sale of Abacus International (Global Distribution System) to Sabre Corporation.
American Airlines in Technology Services Agreements
Represented American Airlines in a software development and outsourced technology services agreement with HP for a next generation reservation, inventory, and availability system.
American Airlines Passenger Service System Contracts
Represented American Airlines in information technology services agreements with Amadeus, Sabre, HP, and ITA Software.
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.
$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.
$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 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.
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.
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.
BCD Semiconductor Manufacturer Acquisition
Represented BCD Semiconductor Manufacturing Limited in its $151 million acquisition by Diodes, Inc.
Huawei ITC Section 337 Investigation
Representation of Huawei in the ITC Section 337 Investigation: Wireless Devices with 3G Capabilities and Components Thereof, USITC Inv. Nos. 337-TA-800 and 337-TA-868 (Respondent).
Realtek ITC Section 337 Investigation
Representation of Realtek in the ITC Section 337 Investigation: Network Controllers, USITC Inv. No. 337-TA-531 (Respondent).
MStar Semiconductor ITC Section 337 Investigation
Representation of MStar Semiconductor in the ITC Section 337 Investigation: Display Controllers with Upscaling Functionality and Products Containing the Same, USITC Inv. No. 337-TA-481 (Respondent).
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).
China-Based Gaming Company Corporate Venture Investments
Advised Tencent Holdings Limited in connection with its investment activities relating to public and private companies.
China Based Gaming Company in Popular Messenger App Investment
Advised Tencent Holdings Ltd. on its $50 million investment in Ontario-based KIKInteractive, Inc., a messenger application with more than 200 million registered users.
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.
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.
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.
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.
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.
Adobe on Media-Related Project
Advise U.S. software company, Adobe, on a media-related project in China.
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.
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.
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).
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.
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.
Chemical/manufacturing joint venture
Advising one of the world’s largest specialty chemicals companies regarding its manufacturing joint venture activities in China.
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.
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 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.
Co-counsel in an ad hoc insurance arbitration
Representation of a Lithuanian petrochemicals company as co-counsel in an ad hoc insurance arbitration against various UK underwriters arising out of property damage and business interruption claims exceeding US$150 million.
Criminal investigations of automotive manufacturers
Represent several Japanese and European manufacturers of automotive parts in investigations of alleged anticompetitive activity.
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.
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.
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.
Entertainment and Media Start-Up Companies in China
Advise start-ups such as producers of original Web content and digital music services.
Expatriate dismissal in Asia
Advised a NYSE-listed corporation in relation to a Singaporean/UK expatriate dismissal.
Favorable ICC award for New Skies
Representation of New Skies in an ICC arbitration awarding relief of more than US$150 million to our client for a defective communications satellite.
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).
Government of Vietnam's maritime boundary dispute with China
Advised the Government of Vietnam regarding its dispute with China over maritime boundaries in the South China Sea.
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.
ICDR arbitration for KNOC
Representation of Korea National Oil Corporation in an ICDR arbitration and ancillary federal court proceedings arising from a US$1.2 billion acquisition of an oil and gas exploration and production company.
Internal investigation for global company in China
Conducted a large-scale internal investigation of a leading global company’s business practices in China.
International assignment for U.S. bank
Advised a New York-headquartered investment bank on an international assignment from the UK to China.
Newmont Mining and Sumitomo in Arbitration
Representation of a joint venture of Newmont Mining and Sumitomo in an arbitration under UNCITRAL Rules relating to the Indonesian government’s efforts to terminate an agreement regarding exploitation of copper and gold resources.
“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.
Resolving disputes
Assisted a Korean state company involved in legal battles and protracted negotiations over a multi-billion dollar project development. When negotiations failed and parties refused to turn up to the table, Covington stepped in to help the company reconvene the parties and move forward on negotiating an amicable resolution.
Sale of Wolfcamp Shale leasehold to Sinochem
Represented Pioneer Natural Resources in the sale of leasehold interests in Wolfcamp Shale to Sinochem.
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.
China National Tire & Rubber Co. Transactions
Representation of China National Tire & Rubber Co., in its $7.7 billion acquisition of Pirelli.
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.
China Oceanwide’s Acquisition of International Data Group, Inc.
Represented China Oceanwide before CFIUS in its acquisition of International Data Group, Inc.
Singapore Telecommunications Limited’s acquisition of Trustwave Holdings, Inc.
Represented Singtel in its $810 million acquisition of Trustwave Holdings, Inc.
Temasek Holdings acquisitions
Represented Temasek Holdings in various matters, including its investment in Merrill Lynch.
UBS Commodities Index Services Agreement with Bloomberg
Represented UBS in the negotiation of a new long-term services agreement with Bloomberg for the calculation and administration of commodities indices.
Telehealth IT System Development
Represented a major global pharmaceutical company on negotiating arrangements with multiple suppliers for the development and operation of a complex state-of-the-art telehealth IT system.
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.
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.
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.
ROCKWOOL Group Trademark Infringement Litigation
Representation of Danish company ROCKWOOL Group in trademark infringement litigation in China involving its claim to the “ROCKWOOL” trademark and trade name.
Global expansion for children's apparel and accessories licensing partner
Advised the Haddad Apparel Group, manufacturer and distributor of Nike, Levi’s, Jordan and Converse branded children’s apparel and accessories, in a collaboration with a Chinese entity to develop, manufacture and distribute “ROOKIE USA” branded children’s apparel.
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.
Illumina in $1.2 Billion Deal with Pacific Biosciences
Represented Illumina, Inc. in its announced $1.2 billion acquisition of Pacific Biosciences and its novel Single Molecule, Real Time (SMRT®) technology, which provides high accuracy, ultra-long reads for full genome sequencing. The acquisition complements Illumina sequencing solutions with accurate long read sequencing capabilities to answer a set of complex genomic questions.
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.
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.
Manufacturing company SEC enforcement action
Persuaded the U.S. Securities and Exchange Commission not to pursue enforcement action against a leading manufacturing company following an 18-month investigation of business practices in Europe and Asia.
Multinational Company Bribery Investigation
Bribery-related investigations and related counseling for a multinational company with operations in Europe and Asia.
NTSB investigation
Representing Asiana Airlines in a National Transportation Safety Board (NTSB) investigation into the Asiana Airlines Flight 214 accident at San Francisco Airport.
Outbound ICC arbitration
Representing a Korean engineering and construction company in its continuing efforts to recover nearly $400 million, which it won in an ICC arbitration almost 10 years ago, against a Mexico government owned oil & gas company.
Outbound IP Litigation
Representing Samsung Electronics in an IP litigation against Enterprise Systems Technologies and succeeded in persuading the Texas district court judge to stay the entire district court case.
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.
Outbound patent litigation
Defending a Korean memory chip maker in its suit involving seven patents relating to semiconductor manufacturing processes. As a result of our aggressive and strategic approach, the case settled well prior to trial on very favorable terms to our client.
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."
Outbound mergers and acquisitions
Representing a very large Korea multinational company in its acquisition of an IT company located in North America.
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.”
Representation of Former President of the Asian Football Confederation in FIFA-Related Arbitration
Representation of Mohamed Bin Hammam, former president of the Asian Football Confederation, in his successful challenge to his FIFA-ordered lifetime ban from football (soccer) before the Court of Arbitration for Sport. Bin Hammam had been banned for alleged vote-buying on the eve of the election for FIFA’s Presidency, in which he was the only challenger to the re-election of Sepp Blatter. In July 2012, the three-judge panel found insufficient evidence and annulled the ban.
Representation of MTD and its subsidiary in an ICSID arbitration against Chile
Representation of MTD, a Malaysian construction and development company and its subsidiary in an ICSID arbitration against Chile concerning claims for breach of the bilateral investment treaty between Malaysia and Chile, resulting in an award for the claimants that was sustained in annulment proceedings.
Representation of Samsung in European Investigation
Representation of Samsung concerning all aspects of the European investigation into alleged collusion in DRAM.
Samsung Patent Litigation Disputes
Representation of Samsung Electronics in numerous patent litigation matters in both U.S. District Courts and the U.S. International Trade Commission, involving technologies such as DLP televisions, LED’s, MLC flash memory, printer software, tablets and smartphones.
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.
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).
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.
Successful Representation of Spanish Investors in Yukos Oil Company in Arbitration Against Russia
Represented Spanish investors in Yukos Oil Company in an SCC arbitration against the Russian Federation arising from Russia’s expropriation of the company. The tribunal issued an award in our clients’ favor that valued Yukos at more than $60 billion at the time the company was expropriated.
Successful result for Kyocera Corporation
Representation of Kyocera Corporation, successfully obtaining a summary judgment dismissing over US$150 million in damages claims and then successfully defending that award in a set-aside action in the U.S. federal courts.
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.
Indonesian Coal-Fired Project
Advised the lenders on a 1220 MW coal-fired power project in Indonesia.
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.
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.
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.
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.
UNCITRAL arbitration against Indonesia
Representation of a joint venture of Newmont Mining and Sumitomo in an UNCITRAL arbitration against Indonesia relating to the government’s attempt to terminate rights to copper and gold resources under a Contract of Work.
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.
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.
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.”
World Bank bribery allegations
Investigating allegations of fraud, bribery, and collusion in a contract financed by the World Bank and representing the client before the World Bank Integrity Vice Presidency in anticipation of a potential debarment action.
Autonomous Vehicles Law and Regulation
We advise manufacturers, technology companies and other stakeholders with respect to a range of legal issues associated with autonomous vehicles. For example, we advised an automotive bidder on a major government contract for a next-generation vehicle regarding NHTSA innovation-related exemptions and autonomous vehicle guidelines. We also advise a Japanese automotive parts manufacturer on NHTSA and CARB certification rules and autonomous vehicle guidelines.
$3.2 Billion Acquisition of Intersil Corporation
Represented Intersil Corporation in its $3.2 billion sale to Japan’s Renesas Electronics Corporation.
The Walter and Eliza Hall Institute of Medical Research Royalty Monetization
Represented The Walter and Eliza Hall Institute of Medical Research in the sale of a portion of its royalty interests in Venetoclax for up to U.S. $325 million (A$406 million), consisting of an up-front payment of U.S. $250 million and up to U.S. $75 million of additional payments upon the attainment of certain milestones, the largest royalty monetization by a non-profit institution outside the United States.
Huawei Privacy Class Action
Defending Huawei, a Chinese mobile handset maker, in a putative class action alleging violations of the Wiretap Act, Stored Communications Act, and various state laws. The suit stems from the allegation that third-party mobile analytics software transmitted data about mobile device users’ activities to other parties without authorization.
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.
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.
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.
Secured Stay of Court Proceedings on Behalf of International Oil Company
Assisted local counsel in Malawi in obtaining a stay of court proceedings and costs for an international oil company in USD 480 million claim in the High Court of Malawi, arising from an agreement between the Claimant and our client for purchase of fuel and lubricants by the Government of Malawi from our client.
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.
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.
Digital Music Service Start Up Companies in China
Advise start-ups such as producers of original Web content and digital music services.
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 ...
China Issues Rules to Counteract “Unjustified” Extraterritorial Application of Foreign Measures
January 12, 2021, Covington Alert
On January 9, 2021, China’s Ministry of Commerce released the Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures, which took effect immediately. Specifically, the Rules are designed to “counteract” the extraterritorial application of “foreign [i.e., non-Chinese] legislation” or “measures” when such ...
December 21, 2020, Covington Alert
On December 18, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) released a Final Rule (“the Rule”), effective immediately, adding 77 entities to the BIS Entity List. The majority of these entities are in China, and include, among others, the Semiconductor Manufacturing International Corporation (“SMIC”) and the drone company SZ DJI ...
December 9, 2020, Covington Alert
On October 17, 2020, the Standing Committee of National People's Congress (“NPCSC”), China’s top legislative body, adopted a Biosecurity Law (“Law”), which will go into effect on April 15, 2021. The Law reflects a growing area of regulation of drugs and medical devices in China that is separate from the regulations to ensure safety, effectiveness, and quality ...
October 19, 2020, Covington Alert
On October 17, 2020, China enacted an Export Control Law (“the Law”) that builds upon China’s existing export control regulations, which are scattered across multiple laws, administrative regulations, and rules and measures issued by various departments, with the goal of creating a unified export control system to promote China’s national security and interests ...
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 ...
Ichiro (“Ike”) Morinaga Promoted to Senior Of Counsel
October 13, 2020
WASHINGTON—Covington has promoted Ichiro (“Ike”) Morinaga to Senior Of Counsel. Mr. Morinaga heads Covington’s Japan practice and leads the firm’s relationships with a range of Japanese corporations as well as trade associations and governmental agencies. “Capitalizing on his prior experience as an international banker, Ike brings a unique, business-focused ...
September 21, 2020, Covington Alert
On September 19, 2020, China’s Ministry of Commerce ("MOFCOM") issued regulations that provide new details on the government’s plans for an “Unreliable Entity List” first proposed in May 2019.
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 ...
September 4, 2020, Covington Alert
It has been over twenty years since the OECD Anti-Bribery Convention came into force, over a decade since the enactment of the UK Bribery Act, and over three years since the passage of France’s Sapin II law. Alongside those ground-breaking developments have come a host of other measures across the Europe, Middle East, and Africa (“EMEA”) region to strengthen ...
August 20, 2020, Covington Alert
The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its Annual Report to Congress regarding its review of certain transactions involving foreign investment during 2019. The current Annual Report was released just two and a half months after the previous Annual Report, covering 2018, demonstrating the Committee has ...
August 13, 2020, Covington Alert
While the world continues to battle the coronavirus, another battle wages on in the courts, as insurers continue to issue blanket denials for COVID-19 business interruption losses. Many are closely watching how the judicial and legislative branches will answer what have emerged as two key questions: Do the causes of COVID-19 business interruption losses ...
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 16, 2020, Covington Alert
In our client alert of May 29, 2020, we reported on the initial U.S. government reaction to the announced intention of China’s legislature, the National People’s Congress (“NPC”), to unilaterally impose national security legislation on Hong Kong. As expected, on June 30, the NPC unanimously adopted the “Law of the People’s Republic of China on Safeguarding ...
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 ...
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 ...
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 9, 2020, Covington Alert
It has been publicly reported that discussions are underway within the Trump Administration for a coordinated interagency initiative to remove key industrial supply chain dependencies from overseas, especially China, and redouble efforts to secure such supply chains in the United States. While this initiative proceeds alongside ongoing efforts to secure supply ...
May 21, 2020, Covington Alert
In an effort to curtail access by China’s Huawei Technologies Co., Ltd. to products made using U.S. semiconductor software and technology, the Commerce Department’s Bureau of Industry and Security (“BIS”) on May 15, 2020, released an Interim Final Rule expanding and extending U.S. export controls jurisdiction to certain non-U.S. items when destined for Huawei or ...
May 2020, Covington Alert
On April 13, 2020, China’s National Healthcare Security Administration (“NHSA”) released a draft opinion titled “Guiding Opinions on Establishment of a Drug Pricing and Procurement Creditworthiness System (the “Draft Opinion”; Covington’s translation is available here) setting forth proposed requirements for a creditworthiness evaluation and disciplinary system ...
April 29, 2020, Covington Alert
On March 30, 2020, the State Administration of Market Regulation of China, the parent agency of the National Medical Products Administration (NMPA), released a revised Drug Registration Regulation (Revised DRR).
April 29, 2020, Covington Alert
On April 28, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published two final rules and one proposed rule to modify certain license exceptions and definitions in the Export Administration Regulations (“EAR”) (15 CFR Parts 730 – 774), based on concern that sensitive products and technologies were being diverted to military uses ...
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.
April 27, 2020, Covington Alert
Companies should ask themselves five key questions about their compliance programs to ensure they are ready to face any crises—including the coronavirus pandemic—and be ready for current and future business disruptions.
April 6, 2020, Covington Alert
This alert provides an update on the regulatory measures regarding medical-use and industrial-use personal protective equipment (PPE) from China to combat COVID-19, including a brief summary of measures the U.S. Food and Drug Administration (U.S. FDA) is taking to facilitate import of PPE from China into the United States. The regulatory guidance from both ...
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 9, 2020, Covington Alert
As we reported this past Friday, on March 6, 2020, President Trump issued only the sixth Executive Order (the “Order”) in history formally prohibiting the acquisition of a U.S. business by a foreign person, pursuant to the authorities that allow the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) to review foreign mergers and ...
March 4, 2020, Global Policy Watch
STATEMENT OF STEPHEN G. RADEMAKER Senior Of Counsel, Covington & Burling LLP “50 Years of the Non-Proliferation Treaty: Strengthening the NPT in the Face of Iranian and North Korean Nonproliferation Challenges” Subcommittee on the Middle East, North Africa, and International Terrorism Subcommittee on Asia, the Pacific, and Nonproliferation Committee on Foreign ...
March 4, 2020, Covington Alert
The following alert is a summary of the district court’s acquittal of UK citizen Lawrence Hoskins, a former senior vice president at the French power and transportation company Alstom S.A. (“Alstom”), on FCPA bribery and conspiracy charges. Alstom pleaded guilty in 2014 to two counts of violating the FCPA in connection with a worldwide bribery scheme that ...
February 10, 2020, Covington Alert
The coronavirus has now infected more than 30,000 people. Cases have been reported in every province of China as well as in Thailand, Japan, Hong Kong, South Korea, Vietnam, Australia, Europe, the United Kingdom, and the United States. More than a dozen cities have been quarantined. China, the United States, Europe, Australia, and others have imposed significant ...
January 17, 2020, Global Policy Watch
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...… Continue Reading
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 13, 2019, Covington Alert
On December 13, 2019, the United States and China formally announced a limited initial agreement to relieve trade tensions between the two countries that have been ongoing for the past 20 months. Under what the countries call a “Phase One” trade agreement, the United States will lower the rate on some already-imposed additional tariffs on Chinese imports and ...
December 12, 2019, Covington Alert
On November 8, 2019, a federal jury convicted Lawrence Hoskins, the former senior vice president of Alstom, of violating the Foreign Corrupt Practices Act (“FCPA”) for his role in a multi-million dollar bribery and money laundering scheme in Indonesia.
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 4, 2019, Global Policy Watch
One week ago, American special operations forces killed the leader of the Islamic State, Abu Bakr al-Baghdadi, in northwestern Syria. The next morning, President Trump described the operation in vivid detail and the story was later amplified with accounts from the Secretary of Defense and the National Security Advisor. While the Islamic State was a...… Continue ...
October 31, 2019, Covington Alert
On October 26, 2019, China enacted a landmark Encryption Law, which will take effect on January 1, 2020. The Encryption Law significantly reshapes the regulatory landscape for commercial encryption, including foreign-made commercial encryption products, but leaves many questions to be answered in future implementing regulations.
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 17, 2019, Global Policy Watch
Introduction On October 14, 2019, President Trump issued an Executive Order Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Syria. This Order provides authority for the imposition of sanctions (including secondary sanctions) on certain entities and individuals in response to Turkey’s military operations in Syria, which ...
October 15, 2019
LONDON—Covington has advised BenevolentAI on its $90 million investment from Temasek, a Singapore-headquartered investment company. BenevolentAI aims to improve the lives of patients suffering from diseases with no effective treatment. The Benevolent Platform® is used by scientists and technologists to find new ways to treat disease, improve the efficacy, and ...
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.”
October 11, 2019, Covington Alert
On September 27, 2019, the Securities and Exchange Commission (“SEC”) announced a $4.1 million settlement with Westport Fuel Systems, Inc. (“Westport”) and its former chief executive officer, Nancy Gougarty. Based in Vancouver, Canada, Westport is a clean fuel technology company that has shares listed on the NASDAQ. The SEC’s cease-and-desist order finds that ...
October 10, 2019, Global Policy Watch
The Syrian Civil War entered a new phase this week, with the US ending its support for the Syrian Democratic Forces (“SDF”) – a political movement of mixed ethnicities and religions organized around the Syrian Kurdish Democratic Union Party and its paramilitaries – in advance of a large-scale Turkish military operation in northeastern Syria. In...… Continue ...
October 10, 2019, Covington Alert
On October 9, the U.S. Department of Commerce issued a Final Rule adding 20 Chinese government entities and eight Chinese private sector entities (“Listed Entities”) to the Entity List maintained by the Commerce Department’s Bureau of Industry and Security (“BIS”).
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 2019, Intellectual Property & Technology Law Journal
Covington Promotes Its Most Diverse Partner Class Ever
October 1, 2019
WASHINGTON—Covington has promoted to its partnership 14 lawyers based in eight different offices, including nine women and six lawyers of ethnically diverse backgrounds. “Our new partners are exceptionally talented lawyers from a wide range of the firm’s offices and most important practices, and they are extremely well-positioned to carry the firm forward,” ...
September 24, 2019, Global Policy Watch
In 2016 the United States Special Operations Command (“USSOCOM”) witnessed a technological development of grave significance for the future of global conflict. According to the then-Commanding General of USSOCOM, Americans had to contend with armed enemy aircraft during the Battle of Mosul. The United Kingdom at the height of its powers in the 19th century...… ...
September 13, 2019, Global Policy Watch
The Government of the Islamic Republic of Iran has, on account of its dismal human rights record and decades of aggression towards its neighbors, earned the derision it often receives from American and allied and partner countries’ officials. This public condemnation, however, entered a somewhat new phase on August 30 when President Trump broadcast an...… ...
China confirms drug reforms to spur innovation, ensure drug quality, ease restrictions
September 10, 2019, BioWorld
John Balzano is quoted in BioWorld regarding recent updates to China’s drug administration law and the establishment of marketing authorization holders (MAH). Mr. Balzano says, “This creates much-needed flexibility for research-based companies to develop products and bring them to market.” Another advantage of the MAH system is that licenses can officially be ...
September 9, 2019, Covington Alert
On August 26, 2019, China’s Standing Committee of National People's Congress (“NPC) adopted a significant revision of the Drug Administration Law (“DAL”). The newly adopted DAL (“Revised DAL”) will go into effect on December 1, 2019. The Revised DAL is the first overhaul of the DAL since 2001.
September 5, 2019, The FCPA Blog
Trump may be able to order US firms out of China — but it will cost him politically, says business leader
September 3, 2019, CNBC
Timothy Stratford spoke with CNBC about the possibility of President Trump ordering U.S. companies out of China. Mr. Stratford says, “The President could issue orders that would make it very difficult for American companies to continue to do business in China, but I think it’s not a legal question of whether he’s going to do that — it’s a political and economic ...
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 28, 2019, Covington Alert
On August 23, 2019, President Donald J. Trump tweeted: "Our great American companies are hereby ordered to immediately start looking for an alternative to China, including bringing . . . your companies HOME and making your products in the USA."
Has the time come for U.S. companies to leave China?
August 28, 2019, CGTN
Timothy Stratford is quoted in CGTN regarding the possibility of U.S. companies leaving China over the current trade war between the two countries. Mr. Stratford says it would be a good idea if President Trump takes his time, consults his advisers, and makes sure that he thinks carefully through what he's doing. “If you try to back China's leaders into a corner ...
August 25, 2019, Bloomberg
Timothy Stratford was interviewed by Bloomberg about the ratcheting up of tensions between the U.S. and China and what it means for trade talks and U.S. companies doing business in China.
August 22, 2019, Global Policy Watch
It sounds like the start to a bad joke, but what do the Kremlin, the Chinese Communist Party, the Government of the Islamic Republic of Iran, the Taliban, al-Qa‘ida, the Haqqani Network, the Islamic State, the Pakistani intelligence services, exhausted members of NATO, nearly every Democratic candidate for president in the 2020 election, and the...… Continue ...
August 22, 2019
WASHINGTON—Covington announced that the firm will be serving as part of an international team of lawyers representing media pioneer Maria Ressa, CEO, Cofounder and Executive Editor of Rappler, one of the leading online news platforms in the Philippines, as well as representing Rappler itself. Covington will be serving as U.S. counsel and will coordinate as ...
August 11, 2019, CGTN
Timothy Stratford is quoted in CGTN regarding the Hong Kong protests’ effect on U.S. businesses. Mr. Stratford says, “It is without question that smoothly functioning Hong Kong commerce is fundamentally important to our members' business interests and an important validator of the 'One Country, Two Systems' approach, faithful implementation of this approach ...
August 2019, Covington Alert
The ECJ ruled on 14 May 2019 (C-55/18) that Member States must take measures to ensure that employers comply with the minimum rest periods and prevent workers from working in excess of the weekly maximum working hours, including introducing an "objective, reliable and accessible system" to measure daily working time.
July 22, 2019, The Recorder
Doug Sprague spoke with The Recorder about the increase in white-collar legal work in Silicon Valley. Mr. Sprague said, “The Department of Justice as a whole is focused on actors from overseas, especially Asia, and being more specific, China.”
July 17, 2019, Covington Alert
On July 5, 2019, China’s Standing Committee of the National People's Congress (NPC) published a new draft Encryption Law (“the draft Law”) for public comment. The draft Law, if enacted as drafted, would bring significant new changes to China’s commercial encryption regime.
Asia's Complex Compliance Landscape
July 8, 2019, Pharmaceutical Executive
Eric Carlson spoke with Pharmaceutical Executive about the compliance challenges prevalent in the Asia-Pacific region. On the emergence of general compliance in the region, Mr. Carlson says, “When I first moved to Beijing in 2008, there were only a couple of dozen people who had compliance on their business card. It just wasn’t a job in China then. Ten years ...
July 1, 2019, World Economic Forum
Timothy Stratford is quoted in the World Economic Forum regarding a potential trade agreement between the U.S. and China by the end of 2019. Mr. Stratford says, “The business community is very pleased that they are going back to the negotiating table … and that additional tariffs are going to be postponed for the time being. What we are most concerned about is ...
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 10, 2019, TechNode
Yan Luo was quoted in Technode regarding China's evolving cybersecurity framework. Ms. Luo says foreign companies operating in China are pursing compliance through tailoring their existing global cybersecurity program to fit China's regulatory environment.
China takes on bribery and corruption
May 29, 2019, Commercial Dispute Resolution
Eric Carlson is quoted in Commercial Dispute Resolution regarding China’s actions to take on bribery and corruption. Mr. Carlson says that alongside targeting corrupt government officials, China is increasingly targeting the bribe-givers as well. Additionally, he says that while agencies such as the NSC do not have enforcement jurisdiction over private companies ...
May 22, 2019, BBC
Timothy Stratford spoke with the BBC about China’s response to the U.S.’ decision to add Huawei to its “entry list.” Mr. Stratford says, "Particularly in the wake of the decision to put Huawei on the... entity list, there are concerns that the government of China may decide to retaliate against American companies. These are real concerns, and they increase the ...
Competitiveness of American Companies in China Hit by Trade War, Says AmCham’s Stratford
May 21, 2019, Bloomberg
Timothy Stratford discusses the AmCham China business survey, the U.S.-China trade war, and its impact on businesses with Bloomberg.
May 17, 2019, CNBC
Timothy Stratford spoke with CNBC about developments in trade relations between the U.S. and China. He says economic issues can get "intermingled" with national security in ways that "greatly complicate" the U.S.-China trade dispute.
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 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 ...
May 2019, Covington Alert
This article describes the attorney-client privilege under U.S. law and where care must be taken in internal investigations in China to maintain the privilege and avoid inadvertently waiving its protections.
April 25, 2019, Covington Alert
On April 23, 2019, the Standing Committee of the National People’s Congress of China passed a bill amending China’s Anti-Unfair Competition Law (“AUCL”). Changes made by the amendment bill took effect on the same day. Further to the last amendment to the AUCL in 2017, the newly introduced burden-of-proof shifting and punitive damages rules will significantly ...
April 8, 2019, Covington Alert
On March 15, 2019, China’s National People’s Congress voted to adopt a new Foreign Investment Law (the “FIL”). The FIL will come into effect on January 1, 2020 and may significantly change China’s framework for regulating foreign investment. Foreign invested entities (“FIEs”) established prior to the FIL’s effective date will have five years to amend their ...
April 4, 2019, CNBC
Timothy Stratford spoke with CNBC about the current trade negotiations between the U.S. and China. He says a symmetrical enforcement structure in a U.S.-China trade deal would be more palatable to Beijing. He also added that the trade negotiators need time and space to get the job done right.
March 31, 2019, The Economist Intelligence Unit
Yan Luo was acknowledged as an advisory board member for the special report The Transparent Business Barometer: Preparing for the End of Easy Data, published by the Economist Intelligence Unit. The report revealed key trends in data privacy and cyber security on global businesses through the survey of hundreds of business executives across China, the U.S., ...
China 24
March 20, 2019, CGTN
Daniel Levine spoke with CGTN news about China's 2019 government work report and the latest draft of a new foreign investment law. He noted that the financial performance of state-owned entities lags that of China's private sector. He added that increased foreign investment could benefit Chinese consumers.
March 11, 2019, Covington Alert
This alert summarizes the major antitrust/competition developments in 2018 and offers a view on what to expect in 2019 in the U.S., EU and China.
March 4, 2019, Covington Alert
On December 29, 2018, the State Council (China’s chief executive agency) opened a new pathway for drugs to come into China through a special zone in southern China. It suspended certain central regulations in the Bo Ao Lecheng International Medical Tourism Pilot Zone in Hainan Province (“Pilot Zone”) and permitted local authorities to make marketing decisions ...
March 4, 2019, CNBC
In a discussion with CNBC, Timothy Stratford discusses the U.S.-China trade negotiations and complications that the two countries may face when it comes to enforcing an agreement.
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 ...
China and U.S. to Continue Trade Talks Next Week
February 15, 2019, The New York Times
Tim Stratford is quoted in The New York Times regarding trade relations between the U.S. and China. He says, “If we don’t address the deeper issues, neither side will be doing itself any favors.”
February 15, 2019, CCTV
Tim Stratford spoke with CCTV News to explain that China and the United States. have different understandings of the rules of international trade and suggested that these rules will need to be clarified.
US China Trade Talks
February 14, 2019, BBC World News
Tim Stratford spoke with BBC World News and laid out an optimistic scenario for a trade agreement between the U.S. and China. Mr. Stratford says, “The structural issues that divide the U.S. and China are so significant that it’s hard to see an agreement really effectively dressing all of them.”
China's economy has 'a bit of everything,' says expert
February 13, 2019, CNBC
In an interview with CNBC, Tim Stratford discussed trade developments between the U.S. and China. According to Mr. Stratford, China is highly advanced in some areas and underdeveloped in others. As a result, figuring out how to manage differences between the U.S. and China is a "new type of challenge" for American trade negotiators.
February 11, 2019, Bloomberg Daybreak: Asia
John Veroneau discussed the U.S.-China trade negotiations and what would be needed to make a deal. He speaks on Bloomberg Daybreak: Asia. Regarding a delay in U.S. imposed tariffs on China, he says, “I don’t think it’s inevitable, but I think it’s likely.”
February 11, 2019, Covington Alert
On February 1, 2019, China’s National Information Security Standardization Technical Committee (“TC260”) released a set of amendments to GB/T 35273-2017 Information Technology – Personal Information Security Specification (“the Standard”) for public comment. The comment period ends on March 3.
February 2019, Covington Alert
This International Employment Update summarises recent international employment law developments in China, France, Germany, Russia, the United Kingdom and the United States.
January 31, 2019, Bloomberg Daybreak: Asia
Tim Stratford spoke with Bloomberg Daybreak: Asia regarding U.S.-China trade negotiations, the challenges of doing business in China, and what we can expect from this latest round of talks.
4 Global Developments Patent Attys Should Know
January 16, 2019, Law360
Ruixue Ran is quoted in Law360 regarding China’s recently released draft legislation to revise the nation’s patent law. The changes, which attorneys say are aimed at enhancing patent owners' rights, are headlined by a proposal to increase the amount of damages available in certain circumstances. Ms. Ran says, “If they could get bigger damages compensation, that ...
January 10, 2019, Covington Alert
On January 4, 2019, the Standing Committee of the National People’s Congress ( “NPC”) of China published a draft amendment to the Patent Law (the “Draft”) for public comment. While this draft is not yet final, it indicates China is taking concrete steps to help patent holders with the exercise of their rights.
January 2, 2019, Covington Alert
The past year was a particularly significant one for the development of Chinese privacy law. During 2018, the Chinese government systematically established the country’s regulatory requirements for cybersecurity and data privacy and continued to implement the Cybersecurity Law, which took effect on June 1, 2017.
December 20, 2018
BEIJING—The American Chamber of Commerce in the People's Republic of China (AmCham China) has elected Tim Stratford, managing partner of Covington’s Beijing office, as Chair of the Board of Governors for 2019. He previously served as chair from 2000-2001. Mr. Stratford practice is focused on advising international clients doing business in China and assisting ...
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.
Could China’s Internet Courts Work in the US?
December 3, 2018, Legaltech News
Robert Williams is quoted in Legaltech News regarding how China’s Internet Courts could provide a model to improve U.S. courts' inefficiencies. Mr. Williams said the Internet Courts can be useful for addressing online copyright infringement and domain name cyber squatting. He says, “The Internet Courts provide a useful set of tools to help address these disputes ...
November 27, 2018, Covington Alert
On October 26, 2018, the Standing Committee of the People’s National Congress of the People's Republic of China (PRC) passed Decisions on Several Procedural Issues Relating to Patent and Other Intellectual Property Cases (the Appellate Rules), which will give the Supreme Court jurisdiction over patent and other complex technical IP cases (the Designated Subject ...
November 14, 2018, Covington Alert
China recently amended its Criminal Procedure Law (CPL) to codify rules encouraging cooperation in government investigations, align with the new national supervision system, and introduce trials in absentia for certain crimes, including bribery and corruption.
November 8, 2018, Covington Alert
Last week, the U.S. Department of Justice announced a new “China Initiative.” According to the press release, the Initiative “reflects the Department’s strategic priority of countering Chinese national security threats and reinforces the President’s overall national security strategy.”
October 29, 2018, Global Policy Watch
In 1998, China announced its “go out” or “go global” policy aimed at encouraging its enterprises to invest overseas. In 2013 this policy was reinforced with China’s introduction of its One Belt, One Road (OBOR) or “Belt & Road” initiative, which seeks to enhance development and trade routes in the region, connecting China with other...… Continue Reading
October 28, 2018, Bloomberg
Timothy Stratford is quoted in Bloomberg regarding the impact of the “Made in China 2025” plan on economic relations with the United States. Mr. Stratford says, “It was kind of a lightning rod that really made clear what people were concerned about. The breadth and the specificity seemed to put the last nail in the coffin."
October 8, 2018
BEIJING—China Law & Practice has named Covington “Intellectual Property Firm of the Year” and Covington partner Ruixue Ran as “Intellectual Property Lawyer of the Year.” The awards highlight innovation and excellence in the China legal market and honor top law firms, lawyers, and legal departments. Ms. Ran is one of the few China-based lawyers who focus on ...
September 19, 2018, South China Morning Post
Timothy Stratford is quoted in the South China Morning Post regarding current trade tension between the U.S. and China. Mr. Stratford points to systemic differences between the two countries as a point of contention. He says, “Now that this new round of tariffs is being imposed by both sides, the most realistic goal for our countries to focus on next would be to ...
September 19, 2018, CNN
Timothy Stratford is quoted on CNN regarding escalating trade tensions between the U.S. and China. Mr. Stratford says, “They don't want to add to the incentive of American companies to be looking at investing elsewhere and to source products elsewhere. "It's a very difficult policy decision on China's part to find just the right touch to do this.” He adds, "They ...
Yan Luo Named to Global Data Review's “40 Under 40”
September 19, 2018
BEIJING — Global Data Review has named Covington’s Yan Luo to its inaugural “40 Under 40” list, recognizing the 40 individuals who represent the best and the brightest of the data law bar around the world. Based in the firm’s Beijing office, Ms. Luo advises clients on a broad array of regulatory matters in connection with data privacy, international trade, ...
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.
September 18, 2018, CNN
Timothy Stratford spoke with CNN Money regarding U.S. tariffs on Chinese imports and China’s plan to retaliate. Mr. Stratford says, "China is growing concerned that the US motivation is now trying to keep China down and contain it. I expect that we're going to have a deadlock for some time."
Is the US-China deadlock here to stay?
September 18, 2018, CNBC
Timothy Stratford spoke with CNBC regarding systemic differences between the U.S. and Chinese economy, which is preventing both sides from reaching compromises in trade relations.
August 28, 2018, South China Morning Post
Timothy Stratford is quoted in the South China Morning Post regarding the United States and European Union’s pressure on China to reform its economy. Mr. Stratford says of the Chinese state-led economic model, “The global trading rules are based on assumptions that market economies are more efficient than state-led economies and that countries benefit from the ...
Why the U.S.-China Deadlock Might Not End Any Time Soon
August 23, 2018, Bloomberg Markets
Timothy Stratford spoke with Bloomberg to discuss the trade tensions between the U.S. and China on “Bloomberg Markets.”
August 21, 2018, South China Morning Post
Timothy Stratford is featured in a South China Morning Post article about his views on U.S.-China trade relations. Mr. Stratford says multinational companies with Chinese or U.S. operations have been caught in crossfire of the trade war between the nations. “What’s happening now is that the current deadlock is causing companies from both countries to rethink ...
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 30, 2018, Covington Alert
On May 24, 2018, China filled the top positions at the State Bureau of Film (Film Bureau) and State Administration of Press and Publication (SAPP). Both appointments fill vacancies created by the dismantling of the State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) and continue apparent Communist Party of China (CPC) efforts to ...
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 ...
July 10, 2018, Covington Alert
As anticipated, an additional 25 percentage point ad valorem tariff on $34 billion worth of Chinese imports into the United States (covering 818 product categories in sectors including aerospace, information communication technology, machinery, and medical instruments) went into effect on July 6, 2018.
GC Cheat Sheet: The Hottest Corporate News Of The Week
July 6, 2018, Law360
Lee Tiedrich's comments from the U.S.-China AI Tech Summit are highlighted in this Law360 article providing a roundup of the top corporate news stories from the past week. According to Tiedrich, there’s a recognition that the new technology brings new legal challenges.
July 5, 2018, Covington Alert
On June 27, 2018, China’s Ministry of Public Security (“MPS”) released for public comment a draft of the Regulations on Cybersecurity Multi-level Protection Scheme (“the Draft Regulation”). The highly anticipated Draft Regulation sets out the details of an updated Multi-level Protection Scheme, whereby network operators (defined below) are required to comply ...
July 4, 2018, The Wall Street Journal
Timothy Stratford is quoted by The Wall Street Journal in an article regarding China's anticipated response to new tariffs on $34 billion of Chinese products starting on July 6. A Chinese head start "would not be moving hearts and minds on both sides toward the positive direction of de-escalation," says Stratford.
‘A victory for Chinese steel and US law’: why a lawyer thinks Chinese companies can put faith in the American legal system
July 3, 2018, South China Morning Post
Ruixue Ran is quoted in a South China Morning Post article regarding how the result of the recent U.S. steel investigation should encourage Chinese companies to use the American legal system to settle disputes. According to Ran, the case was the first of its kind against Chinese steel products and the first time Chinese companies had won a trade secrets case ...
July 2, 2018, The Recorder
Lee Tiedrich recently spoke at the U.S.-China AI Tech Summit and is quoted by The Recorder in an article examining the pros and cons of introducing AI into the judicial process. According to Tiedrich, AI in the justice system also implicates questions of transparency and intellectual property. In cases where it’s alleged that AI perpetuates hiring discrimination ...
July 2, 2018, Law360
Lee Tiedrich recently spoke at the U.S.-China AI Tech Summit to discuss "AI in the Law" and is quoted in a Law360 article. According to Tiedrich, there is a recognition that the new technology brings new legal challenges. “One issue that’s been getting a lot of attention in the United States is whether and to what extent AI applications need to provide ...
June 27, 2018, Covington Alert
We write to report on two important developments regarding the Foreign Investment Risk Review Modernization Act (FIRRMA), a bi-partisan effort to reform the Committee on Foreign Investment in the United States (CFIUS), and the broader policy debate within the U.S. government on regulatory mechanisms to address foreign investment, particularly from China. On June ...
Discussing China's presence in Africa
June 27, 2018, CNBC
Witney Schneidman appeared on CNBC to discuss China's presence in Africa.
June 26, 2018, Covington Alert
On June 21, 2018, the European Commission (“Commission”) started a new investigation to determine whether so-called destination clauses in Qatar Petroleum’s liquefied natural gas (“LNG”) supply contracts with European buyers infringe the European Union (“EU”) antitrust rules.
June 20, 2018
SILICON VALLEY—Covington was ranked sixth among “The Best Law Firms for Minority Attorneys” and ranked seventh among “The Best Law Firms for Minority Partners” by Law360 for firms with more than 600 lawyers. "While there is much progress still to be made, these results are a reflection of Covington's sustained efforts to recruit, mentor, develop, promote, and ...
China-U.S. Trade Tensions Rage On
June 20, 2018, CGTN
Timothy Stratford appeared on CGTN's "The Point" to discuss the current state of China-U.S. trade tensions following the announced threat of a new round of $200 billion tariffs on Chinese goods. “The things that the U.S. hopes China will do are things that China doesn’t believe are in their own interest to do, so I think we have a stalemate," says Stratford.
June 15, 2018, Covington Alert
As anticipated, the Trump Administration today released its final list of Chinese imports subject to an additional 25 percent ad valorem tariff. The imposition of the tariffs follows the Administration’s determination in March that China’s technology transfer and intellectual property (“IP”) policies are harming U.S. companies, and the submission of public ...
U.S. Slaps 25% Tariffs on $50 Billion of Chinese Goods
June 15, 2018, Bloomberg Daybreak: Americas
John Veroneau appeared on "Bloomberg Daybreak: Americas" to discuss the U.S. announcement of a target list of Chinese goods as part of tariffs on $50 billion of Chinese imports.
June 13, 2018
WASHINGTON—On June 9, 2018, Genworth Financial, Inc. ("Genworth") announced that the Committee on Foreign Investment in the United States ("CFIUS") had cleared its $2.7 billion acquisition by China Oceanwide. Covington represented Genworth in securing CFIUS approval, which is the largest China-related transaction approved in the Trump Administration. Reuters ...
May 24, 2018
Tim Stratford, a former Assistant U.S. Trade Representative and current managing partner of Covington's Beijing office, says we stand at a "crossroads in U.S.-China relations and the future of the international trading system." Learn more about the new U.S. approach with China, its potential impacts, and what role the private sector can play. Q: Why have trade ...
May 15, 2018, Covington Alert
On May 8, 2018, the United States announced the decision to end its participation in the Joint Comprehensive Plan of Action (“JCPOA”) and re-impose sanctions against Iran that had been suspended as part of this 2015 nuclear agreement between the United States, Iran, Germany, France, the UK and China.
The Heat: China and the West in Africa
May 9, 2018, CGTN
Witney Schneidman appeared on CGTN’s The Heat to discuss “China and the West in Africa.”
May 8, 2018, Covington Alert
It has been publicly reported that the Trump Administration is considering invoking the International Emergency Economic Powers Act (IEEPA) to further regulate—and in certain areas potentially preclude—Chinese direct investment in the United States, beyond the authorities exercised by the Committee on Foreign Investment in the United States (CFIUS). The prospect ...
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 20, 2018, Covington Alert
On April 15, 2018, the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) lifted its suspension of a denial order against two companies, Zhongxing Telecommunications Equipment Corporation of Shenzhen, China (“ZTE Corporation”) and ZTE Kangxun Telecommunications Ltd. of Hi-New Shenzhen, China (“ZTE Kangxun,” and together with ZTE Corporation, ...
April 9, 2018, CGTN
Ruixue Ran appeared on CGTN to discuss a recent victory on behalf of China's steel sector following a decision by the ITC to terminate a Section 337 investigation into Chinese steel products. According to Ran, who represented Chinese steel companies including Baosteel in the case, "While defending the trade secret misappropriation claim, we spent massive energy ...
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. ...
China’s internet lenders fall foul of data privacy rules
April 1, 2018, Financial Times
Yan Luo is quoted in a Financial Times article regarding survey findings that suggest that more than half of Chinese internet finance lenders are failing to comply with data privacy regulations. According to Luo, “Investors should certainly expect more government scrutiny on their business model from a data protection perspective."
China: Government Reorganization and Trade War Suggest More Anti-Corruption Enforcement in China
March 29, 2018, Covington Alert
China’s biggest government reorganization in a generation, coinciding with rapidly escalating U.S.-China trade tensions, will impact many aspects of doing business in China, including an uptick in anti-corruption enforcement.
March 27, 2018, Covington Alert
China has reorganized many of the ministries and commissions under its chief executive body, the State Council, creating a new super-ministry to replace the China Food and Drug Administration (“CFDA”) and other healthcare agencies.
International Trade Commission Drops US Steel's Antitrust Claims Against Chinese Steelmakers
March 23, 2018, The American Lawyer
Derek Ludwin and James O'Connell are quoted by The American Lawyer in an article examining a decision by the ITC stating that United States Steel cannot bring antitrust claims against 40 Chinese steel manufacturers over alleged price-fixing. Ludwin, who represents Baosteel America with O'Connell and Sturgis Sobin, says that even though Section 337 is not often ...
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.
China hits back at up to $60 billion in U.S. tariffs with only with $3 billion of its own
March 22, 2018, CNBC
Timothy Stratford is quoted in a CNBC article regarding China's response to U.S. tariffs on Chinese imports. "They want to show that they have taken note of U.S. actions and are going to be strongly resisting, but they don't want to be seen as escalating things further," says Stratford. "The Chinese recognize that everyone has a lot to learn if the U.S. and ...
March 22, 2018, CNBC
Timothy Stratford appeared on CNBC to discuss China's response to U.S. tariffs. "Well I think the Chinese have consistently been quite measured. I think they recognize that everyone has a lot to learn if the U.S. and China move into a trade war."
China to Target Trump's Base in Tariff Response
March 21, 2018, The Wall Street Journal
Timothy Stratford is quoted by The Wall Street Journal in an article regarding plans by China to impose tariffs in response to President Trump's punitive measures. According to Stratford, the current trade environment could prompt U.S. companies to reconsider the long-term importance of the Chinese market. “Gradually we may feel compelled to diversify until ...
March 15, 2018, Covington Alert
China has continued to develop its adjudicatory framework for intellectual property disputes with the establishment of three Intellectual Property Tribunals (“IP Tribunals”) this month. This reform began with the establishment of three specialized IP Courts in Beijing, Shanghai, and Guangzhou at the end of 2014, and has been furthered with the establishment of ...
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.
It's omnibus week
March 12, 2018, Politico
Timothy Hester is quoted in a Politico article regarding Christopher Adams' recent arrival as a Senior Advisor in Covington's Public Policy and Government Affairs and International Trade practices. “Chris’ addition further strengthens the firm’s China practice and deepens our expertise and capability to help clients in one of the world’s largest and most ...
March 12, 2018
WASHINGTON—Christopher Adams has joined Covington as a Senior Advisor in the Public Policy and Government Affairs and International Trade practices in Washington. Mr. Adams will focus on China policy and trade issues. Mr. Adams most recently served as the Senior Coordinator for China Affairs at the Treasury Department. He coordinated China policy issues across ...
Dialogue with Yang Rui
March 7, 2018, CGTN
Timothy Stratford appeared in CGTN's "Dialogue with Yang Rui" to discuss President Trump's announced tariffs on steel and aluminum imports. According to Stratford, "Usually what happens when you impose these sorts of measures is you're trying to protect one particular industry but often the overall costs to the economy are great."
March 7, 2018
WASHINGTON—Global Investigations Review and Who’s Who Legal: Investigations have recognized Covington’s White Collar Defense and Investigations Practice Group in its 2018 report. The publication named Covington partners Tammy Albarrán and Steven Fagell to the inaugural Future Leaders issue, a ranking of “the most eminent lawyers in the field under 45,” and ...
March 5, 2018
BEIJING—China Business Law Journal has recognized Covington as one of the top international law firms in the Entertainment & Sports category. Covington’s Entertainment and Media practice in China has advised nearly every major Hollywood studio and many of the leading independents on their China activities and has been involved in some of the most significant ...
March 1, 2018, Financial Times
John Veroneau is quoted in a Financial Times article regarding President Trump's decision to impose new tariffs on imports of steel and aluminum. “This will either close the door on being able to self-define ‘national security’ or open the door on being able to block imports simply by waving the ‘national security’ flag," says Veroneau.
US eyes global tariff of ‘at least’ 24% on steel imports
February 16, 2018, Financial Times
John Veroneau is quoted in a Financial Times article regarding U.S. Commerce Secretary Wilbur Ross' recommendation to impose a global tariff on imports of steel and aluminum. According to Veroneau, the “failure to categorically exclude Canada” and other allies “shows that this is not really about national security." He adds, “Section 232 is simply being used as ...
Talk with the Tiger
February 10, 2018, Talk with the Tiger
Timothy Stratford appeared on "Talk with the Tiger" to discuss U.S. policy towards China. According to Stratford, "Frankly I think that no matter who was going to be the new president of the United States, there were going to be some changes in the U.S. policy towards China."
February 1, 2018, Covington Alert
This International Employment Update summarises recent international employment law developments in China, India, Italy, Russia, the United Kingdom, and the United States.
Law360 Names Attys Who Moved Up The Firm Ranks In Q4
January 30, 2018, Law360
Law360 highlights the promotion of Covington's newest partners, including John Balzano, Lindsay Burke, Bradley Chernin, Christopher DeCresce, Guy Dingley, Matthew Dunn, Laura Flahive Wu, Pamela Forrest, Alexa Hansen, Megan Keane, Sam Pyun, Kyle Rabe, Ansgar Simon, Andrew Soukup, Emily Ullman, and Mark Young.
China’s toolbox to turn the retaliatory screws in trade tensions with the United States
January 24, 2018, South China Morning Post
Timothy Stratford is quoted in a South China Morning Post article regarding China's retaliatory options that might be considered if a trade war breaks out with the U.S. According to Stratford, there are a number of things that foreign companies could be worried about in terms of retaliatory action from China. “Some foreign companies may have a more difficult ...
January 23, 2018, South China Morning Post
Timothy Stratford is quoted in a South China Morning Post article regarding escalating trade tensions between the U.S. and China, and how the World Economic Forum in Davos might be a place for officials to discuss trade issues. "As far as we’ve been able to tell, there has been a strong debate going on at the most senior level in Washington on how to deal with ...
Fashion Brand To Pay $2.3M In Bangladesh Accord Deal
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,” ...
Second dispute under Bangladesh accord settles
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 ...
Covington Helps Secure Historic Settlement in Arbitration Under the Accord on Fire & Building Safety in Bangladesh
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 ...
January 19, 2018, Law360
Covington was named a 2017 International Trade Group of the Year by Law360. According to Peter Lichtenbaum, the Bombardier trade remedies case, which "presents very significant economic, legal, and political issues," was one of the group's biggest from the past year. "The company remains confident that the ITC will conclude that Boeing will not be harmed by the ...
January 15, 2018, Covington Alert
On December 26, 2017, China’s National Development and Reform Commission (“NDRC”) released the final Administrative Measures for Enterprise Outbound Investment (the “Final ODI Rules”), which will go into effect as of March 1, 2018 and govern NDRC's regime for reviewing Chinese outbound investment projects. The Final ODI Rules contain limited changes relative to ...
January 9, 2018, Covington Alert
2017 was another year of active enforcement globally—including in the U.S., despite the start of a new Presidential Administration touting an aggressive deregulatory agenda. Transactions in consolidated industries drew enforcement fire in both Europe and the United States (Dow/DuPont, ChemChina/Syngenta, Bayer/Monsanto, AT&T/TimeWarner). And, in March, the UK ...
5 Cybersecurity And Privacy Policies To Watch In 2018
January 1, 2018, Law360
Kristof Van Quathem and Yan Luo are quoted in a Law360 article regarding cybersecurity and privacy policies to watch in 2018. Commenting on the General Data Protection Regulation (GDPR), Van Quathem says that although one of the legislation's aims is to harmonize a splintered set of national data privacy laws within Europe, it may end up causing companies aiming ...
December 26, 2017
SILICON VALLEY—The Financial Times has recognized Covington among the most innovative firms in 2017 in the category of "Enabling Business Growth," for advising "Tencent in its acquisition of a $8.6bn majority stake in Supercell, the Finnish gaming company, while maintaining Supercell’s creative culture and retaining its employees by introducing incentive ...
Asia Trade In The New Global Order
December 21, 2017, Thailand Business News
Timothy Stratford participated in Asia House's inaugural Hong Kong event and is quoted in a Thailand Business News article providing highlights. Speaking on the panel discussing "Asia and the New Global Era," Stratford, said he “could not preclude a [U.S.] trade war with China” adding that member economies should resolve their differences through the World Trade ...
Section 301 seen as wrong way to handle trade issue
December 14, 2017, China Daily
John Veroneau is quoted in a China Daily article regarding the recently launched investigation into China's policy and practice of intellectual property under Section 301 of the U.S. Trade Act of 1974. Commenting on the potential negative impact of the action, Veroneau says that it will depend on how the U.S. threatens unilateral actions, in a full-blown way or ...
December 13, 2017, Global Policy Watch
By official accounts, President Trump’s November visit to China went off well with positive atmospherics, including an unprecedented (for a foreign leader) dinner inside the Forbidden City and the signing of over $250 billion of commercial deals and two-way investment agreements. On the other hand, most western analysts have quickly pointed out that much of...… ...
December 8, 2017, Covington Alert
On December 5, the European Union announced a “blacklist” of 17 countries it considers to be non-cooperative tax jurisdictions, with a further 47 countries at risk of being added to the list if they fail to meet EU criteria. The countries on the “blacklist” face possible economic sanctions and restrictions which businesses should be considering. The list is part ...
Asia's 'new global order' eyes inclusive globalisation
November 28, 2017, Global Trade Review
Timothy Stratford is quoted in a Global Trade Review article regarding the increased focus on globalization in Asia. According to Stratford, “If you look at the past 10 years and take the top 25 economies of the world, 550 million people have seen their incomes either stagnate or decline. There’s a feeling that whatever’s happening right now isn’t working, so ...
Despite the sweet talk, gains of China trip unclear
November 10, 2017, The Washington Post
Timothy Stratford is quoted by The Washington Post in an article regarding the impact of President Trump's trip to China. According to Stratford, "We haven't yet had the bandwidth in the U.S. Administration or the time to have detailed conversations with the Chinese side on market access and other systemic issues." He adds, "Unless you've had time to discuss ...
Deals galore for US firms from Trump’s China trip, but are the real trade problems being glossed over?
November 9, 2017, South China Morning Post
Timothy Stratford is quoted in a South China Morning Post article regarding the business deal between the U.S. and China following President Trump 's visit. According to Stratford, “No one should make the mistake of believing that the U.S. will now stop raising concerns about market access and other elements of the Chinese economic system that seriously impact ...
November 9, 2017, CGTN
Timothy Stratford appeared on CGTN's "The Point" to discuss the bilateral trade and investment deals recently signed by Chinese President Xi Jinping and President Donald Trump. According to Stratford, "It shows that the two governments are working very hard to try to demonstrate that the bilateral relationship is really beneficial to the people of both ...
November 6, 2017, Covington Alert
China has recently announced several initiatives to reform its regulation of drugs and medical devices that could have a significant impact on pharmaceutical and medical device companies doing business in China.
November 2, 2017, BioWorld MedTech
John Balzano is quoted in a BioWorld MedTech article regarding the decision by Chinese regulators to accept data from clinical trials conducted outside China for approvals of new drugs and medical devices. “In general, this statement is part of a long-term effort by the government and the China Food and Drug Administration that has been ongoing since 2015 to ...
Covington Advises SK Holdings in Acquisition of Significant Minority Interest in Eureka Midstream
October 27, 2017
NEW YORK—Covington represented SK Holdings Co., Ltd. in its acquisition of a significant minority interest in Eureka Midstream Holdings, LLC, a midstream energy company that owns and operates approximately 340 miles of gas gathering pipelines in Ohio and West Virginia. The transaction closed in early October 2017. SK Group is a top three conglomerate in South ...
October 25, 2017, CNBC
Mark Plotkin is quoted in a CNBC article regarding new legislation that would create tougher guidelines for foreign investment in the U.S. "Having been briefed on earlier versions of the proposal, I think that the current draft is substantially improved," says Plotkin. "It clearly reflects careful coordination and discussion among various stakeholders in the ...
Samsung Springs Toshiba Out Of LCD Screen IP Suit
October 25, 2017, Law360
Law360 highlights Covington’s role in a decisive patent litigation victory on the eve of trial. Covington client Samsung Display Company intervened in a lawsuit that accused its customer Toshiba of patent infringement. Following successful inter partes review petitions that eliminated several asserted patents, Covington prevailed on motions for summary judgment ...
October 13, 2017, Covington Alert
In a draft regulation released earlier this year, China proposed regulating the import, export, manufacture, sale, and use of “commercial encryption products,” building on a patchwork of regulations.1 These regulations have focused on restricting the import and use of encryption products produced by certain manufacturers, and many entities have expressed concern ...
October 3, 2017
BEIJING—China Law & Practice has named Covington as the international winner for “Trade Firm of the Year” at its annual awards ceremony in Beijing. The leading Chinese legal publication also recognized the firm for its role in the Technology, Media, and Telecom “Deal of the Year,” Tencent’s $8.6 billion acquisition of Supercell. The awards focus on “innovation ...
September 26, 2017, The China Investor, Vol. 1, Issue 2
5 Takeaways From CFIUS' Latest Annual Report
September 22, 2017, Law360
Mark Plotkin is quoted in a Law360 article providing key takeaways from the Committee on Foreign Investment in the United States (CFIUS) annual report. According to Plotkin, “The increase in the number of investigations in 2015 I think foreshadows what has become a trend of increased tightening and scrutiny by CFIUS over the last few years that accelerated in ...
September 22, 2017, Covington Alert
President Trump has issued an Executive Order (“the Order”), effective September 21, 2017, imposing additional sanctions on persons doing business in certain sectors of the North Korean economy or engaging in certain trade or financial activities involving North Korea. President Trump issued the Order in response to North Korea’s recent intercontinental ...
September 11, 2017, The FCPA Blog
September 2017, Covington Alert
On March 5, 2017, the Belgian parliament enacted the Flexible and Workable Work Law, which seeks to increase flexibility for both employers and employees.
China Seeks Comments on Updated Draft of Cross-Border Data Transfer Security Assessment Standard
August 31, 2017, Covington Alert
On August 31, 2017, China’s National Information Security Standardization Technical Committee (“NISSTC”), a standard-setting committee jointly supervised by the Standardization Administration of China (“SAC”) and the Cyberspace Administration of China (“CAC”), released an updated draft of the Information Security Technology - Guidelines for Data Cross-Border ...
Covington Wins Two American Lawyer Global Legal Awards
August 11, 2017
WASHINGTON—The American Lawyer honored Covington with two Global Legal Awards, recognizing the firm’s success in “navigating complex international legal issues.” The firm was recognized for “Global M&A Deal of the Year: Japan” and “Global Dispute of the Year: Investigations (Asia).” Covington advised Tencent Holdings Limited, a leading provider of internet ...
July 28, 2017, Covington Alert
Congress has passed and sent to President Trump, for his signature or veto, a bill that would impose significant new sanctions against Russia, Iran, and North Korea. The legislation—the Countering America’s Adversaries Through Sanctions Act—enjoys broad bipartisan support, having passed the U.S. House of Representatives on July 25 by a vote of 419-3, and the ...
July 21, 2017, Covington Alert
On June 16, 2017, China’s Ministry of Commerce (MOFCOM) released for public comment a draft of the Export Control Law (“the Draft Law”). While China has a number of regulations relating to export controls and has signed numerous nonproliferation agreements, the Draft Law would be China’s first law specifically addressing export controls and would implement an ...
July 12, 2017, Covington Alert
On July 11, 2017, the Cyberspace Administration of China (CAC) released the draft Regulation for the Protection of the Critical Information Infrastructure (“Draft Regulation”) for public comment (official Chinese version available here). The comment period ends on August 10, 2017.
July 11, 2017, Medtech Insight
Medtech Insight references an Inside Medical Devices blog post in an article regarding the impact of China's draft circulars on medical device manufacturers. According to Covington's post, the four proposals represent important reforms to the existing drug and medical device regulatory regimes, and are intended to reduce obstacles that have delayed the launch of ...
June 7, 2017, Covington Alert
Pursuant to the State Council’s directive to build harmonious labor relationships and to strengthen the system for resolving labor disputes, the Ministry of Human Resources and Social Security (MOHRSS) recently revised two sets of arbitration rules. The revisions address new issues and provide clarification of existing regulations. The key objectives are to ...
New cyber law in China stirs alarm
June 1, 2017, The Hill
Yan Luo is quoted by The Hill in an article regarding some of the uncertainties surrounding China's new Cybersecurity Law. Under the new law, cross-border data transfers for operators of "critical information infrastructure" are subject to security reviews and restrictions. According to Luo, "We don’t really have a definition of critical information ...
Stratford: U.S. Should Look at 'Belt & Road' Plan
May 31, 2017, Bloomberg Markets: Asia
Timothy Stratford appeared on Bloomberg Markets: Asia to discuss China's "Belt & Road" initiative focused on infrastructure development and U.S. trade relationships. According to Stratford, "I think the basic idea of a 'Belt & Road' is a very positive idea. I think that we have parts of the globe that are really not well integrated into the global trading system ...
Inside the U.S.-China '100-Day Plan' on Trade
May 31, 2017, Bloomberg Markets: Asia
Timothy Stratford appeared on Bloomberg Markets: Asia to discuss the U.S.-China trade relationship and what the "100-Day Plan" on trade means for both countries. Although Stratford believes people are encouraged by the Mar-a-Lago summit, he says that it is "important to recognize… that there is very likely going to be a significant call on the United States for ...
May 19, 2017, Covington Alert
On May 19, 2017, the Cyberspace Administration of China (“CAC”) invited international stakeholders to attend a seminar to discuss an updated version of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Measures”). Given that the Measures have an intended effective date of June 1, 2017, it is likely ...
May 9, 2017, Covington Alert
On April 13, 2017, China’s State Cryptography Administration (“SCA”) published a draft Encryption Law (“the draft Law”) for public comment. After several years of drafting, the draft Law, if enacted as drafted, would be the first Chinese statute to systematically address encryption, covering “the research, production, management, import and export, testing, ...
Covington to Open South Africa Office
May 7, 2017, Africa Capital Digest
Graham Vinter is quoted in an Africa Capital Digest article regarding the expansion of Covington's Project Finance practice with the arrival of four new partners and the opening of offices in Johannesburg and Dubai. “The team’s reputation in project finance is absolutely first class, and we are delighted with their decision to join the firm,” says Vintner. “Not ...
May 4, 2017, African Law & Business
Timothy Hester and Graham Vinter are quoted in an African Law & Business article regarding the expansion of Covington's Project Finance practice with the arrival of four new partners and the opening of offices in Johannesburg and Dubai. According to Hester, the additions are “a natural progression of our strategy to build a leading projects practice.” He adds ...
May 3, 2017, Covington Alert
On May 2, 2017, the Cyberspace Administration of China (“CAC”) released the final version of the Measures on the Security Review of Network Products and Services (Trial) (“the Measures”), with an effective date of June 1, 2017 (official Chinese version available here). The issuance of the Measures marks a critical first step toward implementing China’s ...
May 2, 2017, BNA's Federal Contracts Report
Peter Lichtenbaum and Fred Levy are quoted in a Federal Contracts Report article regarding the dispute, which is on appeal in the Fourth Circuit, between South Korea and BAE following the failure to finalize a deal to upgrade the F-16 jet. According to Lichtenbaum, the contracting community would expect the Fourth Circuit not to enforce the BAE-South Korea ...
Covington Expands Project Finance Team
April 27, 2017
LONDON—Covington significantly expanded its Project Development and Finance practice with the addition of Ben Donovan, Agnieszka Klich, Richard Keenan, and David Miles, and the firm’s Middle East regional capabilities in corporate and dispute resolution matters with the addition of Jack Greenwald. With these additions, the firm also opened offices in Dubai and ...
Team of Chadbourne partners opt against Norton Rose merger to launch two offices for Covington
April 27, 2017, Legal Week
Timothy Hester is quoted in a Legal Week article regarding the expansion of Covington's Project Finance practice with the arrival of four new partners and the opening of offices in Dubai and Johannesburg. According to Hester, “We have been focused on building our project finance capabilities for many years, and these opportunities fit very well with that ...
April 27, 2017, The Lawyer
Timothy Hester and Graham Vinter are quoted by The Lawyer in an article regarding the expansion of Covington's Project Finance practice with the arrival of four new partners and the opening of offices in Dubai and Johannesburg. According to Hester, “We have been looking to build our project finance team for a long time." He adds, "This group became available to ...
Covington Expands into Dubai and Jo'burg
April 27, 2017, IJ Global
Graham Vinter is quoted in an IJ Global article regarding the expansion of Covington's Project Finance practice with the arrival of four new partners and the opening of offices in Dubai and Johannesburg. According to Vinter, “We already have strong ties in the Middle East and North Africa region and want to be at the table when countries in that region launch ...
April 27, 2017, The American Lawyer
Timothy Hester is quoted in an American Lawyer article regarding the expansion of Covington's Project Finance practice with the arrival of four new partners and the opening of offices in Dubai and Johannesburg. According to Hester, the firm’s Chadbourne recruits in Dubai and Johannesburg will create a bridge between Covington’s outposts in Africa, Asia, Europe ...
April 27, 2017, Covington Alert
On April 26, 2017, the U.S.-based solar manufacturer Suniva, Inc. filed a petition for global safeguards with the U.S. International Trade Commission (“ITC”). In particular, Suniva requests the imposition of tariffs on solar cells and the establishment of a minimum price for solar modules imported into the United States. The petition was filed under Section 201 ...
April 12, 2017, Covington Alert
On April 11, 2017, the Cyberspace Administration of China (“CAC”) released a draft of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Draft Measures”) for public comment (official Chinese version available here; Covington’s translation of the Draft Measures is appended at the end of this alert).
April 8, 2017, South China Morning Post
Timothy Stratford is quoted in a South China Morning Post article regarding plans between China and the U.S. to tackle trade disputes over a three month period. According to Stratford, concrete results such as greater China access for U.S. companies could be short-lived and reversed if relations soured. One option for attaining something of far-reaching ...
April 7, 2017, CGTN
Timothy Stratford participated in a roundtable hosted by CGTN’s “The Point” discussing President Trump’s meeting with Chinese President Xi Jinping.
April 7, 2017, Covington Alert
On March 17, 2017, the China Food and Drug Administration (“CFDA”) released a notice to seek public comments on four proposed adjustments to China’s drug registration requirements (“Proposed Adjustments”) that will remove some barriers to applications for clinical trials and drug registrations of imported drugs (drugs that are manufactured outside of China). The ...
What does the future hold for Belt & Road?
March 23, 2017, Global Times
Timothy Stratford participated in a discussion hosted by CGTN’s “The Point” and is quoted in a Global Times article providing highlights from the event, “Follow the Money 2017.” Commenting on President Trump’s Trade Agenda for 2017 and the need for freer and fairer trade, Stratford says, “I think, ideally, you have to have both of them. And you can only have ...
March 13, 2017, CGTN
Timothy Stratford participated in a discussion hosted by CGTN’s “The Point” on the future of China’s international economic role. Commenting on President Trump’s trade agenda which calls for freer and fairer trade, Stratford says, “I think ideally you have to have both of them. And you can only have a sustainable relationship if you have both of them.” He adds, ...
A look at China’s sweeping new cyber-security law
March 7, 2017, Compliance Week
Compliance Week references a Covington client alert on China’s draft regulation on cybersecurity review of network products and services. According to the alert, “As the draft measures come into force in the coming months, such companies will need to carefully assess the implications of the draft measures, including whether to voluntarily seek security reviews ...
March 2, 2017, Covington Alert
The Fraud Section of the U.S. Department of Justice (“DOJ”) quietly released new guidance last month entitled “Evaluation of Corporate Compliance Programs” (the “Guidance”). While noting that “the Fraud Section does not use any rigid formula to assess the effectiveness of corporate compliance programs,” the eight-page Guidance outlines 11 “Sample Topics and ...
February 28, 2017
WASHINGTON—Covington represented semiconductor manufacturer Intersil Corporation in its $3.2 billion sale to Japan’s Renesas Electronics Corporation. The firm advised Intersil on aspects of the transaction involving Committee on Foreign Investment in the United States (CFIUS), Foreign Ownership, Control, or Influence (FOCI), trade controls, and government ...
February 23, 2017, China Daily
China Daily highlights Covington’s client alert, CFIUS and Foreign Direct Investment Under President Donald Trump, in an article regarding efforts by lawmakers to strengthen the government’s scrutiny of Chinese investment in the U.S. According to the CFIUS Practice Group alert, "while the legislative landscape in the new Congress is still being defined, there is ...
February 21, 2017, The Wall Street Journal
The Wall Street Journal highlights Covington’s client alert, CFIUS and Foreign Direct Investment Under President Donald Trump, in an article regarding efforts by lawmakers to strengthen the government’s scrutiny of Chinese investment in the U.S. According to the CFIUS Practice Group alert, there is "a greater chance now than at any time in the last decade of ...
China to slash drug distribution groups in price drive
February 19, 2017, Financial Times
Eric Carlson is quoted in a Financial Times article regarding an initiative by the Chinese Government to reduce marked-up prices and corruption in multi-tier distribution chains of pharmaceuticals, known as the “two invoice reform.” According to Carlson, the crackdown on small distributors would accelerate sector consolidation, “centralising distribution in a ...
February 7, 2017, Covington Alert
On February 4, 2017, the Cyberspace Administration of China (“CAC”) released the draft Measures on the Security Review of Network Products and Services (“the draft Measures”) for public comment (official Chinese version available here; Covington’s translation of the draft Measures is here). The comment period ends on March 4, 2017.
January/February 2017, EuroBiz
January 23, 2017, The Washington Post
John Veroneau is quoted by The Washington Post in an article regarding President Trump’s decision to withdraw from the Trans-Pacific Partnership (TPP). According to Veroneau, the Trump administration could still pursue bilateral deals with individual countries, particularly Japan and Vietnam, that mirror the deals negotiated under the TPP. But he pointed out ...
January 23, 2017, Covington Alert
On January 9, 2017, eight Chinese ministries announced a significant new policy that aims to reduce marked-up prices and corruption in multi-tier distribution chains. The policy effectively requires that under most circumstances, at most two invoices may be issued throughout the distribution chain, with one from the manufacturer to a distributor and another from ...
January 19, 2017, The Litigation Daily
The Litigation Daily highlights a recent client alert on competition law enforcement trends by Johan Ysewyn, Thomas Barnett, and Deborah Garza. Under President Trump, Covington lawyers "expect enforcement policy to shift back to a more traditional conservative approach similar to that of the George W. Bush administration. We will also be watching the extent to ...
January 18, 2017, Covington Alert
2016 was another year of active enforcement globally. It was also a year of big changes of uncertain impact. June saw the dramatic vote by the United Kingdom to withdraw from the European Union—a development which we do not expect will have concrete antitrust implications in 2017, given that the UK government has not yet formally started the “Brexit process,” ...
January 15, 2017, South China Morning Post
South China Morning Post references a Law360 article by John Veroneau uncovering Section 338 of the Trade Act of 1930 which gives the president the ability to impose tariffs of up to 50 per cent and then, if escalation was required, block imports completely.
January 15, 2017, South China Morning Post
South China Morning Post highlights the re-discovery of Section 338 of the Trade Act of 1930 by John Veroneau in an article regarding Donald Trump’s ability to affect trade with China.
Presidential Report Recommends U.S. Action to Counter Chinese Policies in the Semiconductor Industry
January 11, 2017, Covington Alert
Late last week, a group of technology industry leaders, researchers, and former policymakers comprising the President’s Council on Science and Technology (“PCAST”) issued a report entitled Ensuring Long-Term U.S. Leadership in Semiconductors. The report concludes that China is seeking to reshape the global semiconductor industry in a manner that threatens U.S. ...
January 3, 2017, Covington Alert
On December 29, 2016, General Cable Corporation (“GCC”), a global manufacturer of wire and cable products, agreed to pay approximately $75.8 million in connection with a non-prosecution agreement with the Department of Justice (“DOJ”) and a cease and desist order with the U.S. Securities and Exchange Commission (“SEC”) to settle allegations that it violated the ...
Ruixue Ran Named One of Top 15 IP Lawyers in China
December 28, 2016
BEIJING—Asian Legal Business has named Covington partner Ruixue Ran as one of its fifteen “Top IP Lawyers” in China. Ms. Ran is the only lawyer from a non-Chinese law firm on the list. Ms. Ran is one of the few Chinese lawyers who specialize in cross-border intellectual property law and is often called upon to share her knowledge with Chinese companies and ...
International Trade MVP: Covington's Shara Aranoff
December 9, 2016, Law360
Law360 selected Shara Aranoff as a 2016 International Trade MVP and profiled her work over the past year, including her representation of South32 and Union Pacific Railroad Co. at the ITC. Law360 also highlights Aranoff’s ongoing defense of China’s Baosteel Group in a Section 337 case, the first antitrust-based investigation at the ITC in more than 25 ...
December 7, 2016, Covington Alert
In October 2014, the Nagoya Protocol entered into force. It created a new international regulatory system affecting all life science companies that conduct R&D on biological material such as animals, seeds, flowers, viruses, fragrances, flavonoids, essential oils, enzymes, yeasts, and so on. So far, compliance by companies is progressing slowly due to ...
December 5, 2016, Covington Alert
Acting on the recommendation of the Committee on Foreign Investment in the United States (“CFIUS”), President Barack Obama issued an Executive Order on Friday, December 2, prohibiting the acquisition of the U.S. business of Aixtron SE (“Aixtron”) by a company ultimately owned by investors in China. This is the first time that a President formally has utilized ...
Foreign Investment and U.S. National Security
November 22, 2016, CFR Backgrounders
David Fagan is quoted in a CFR Backgrounders article regarding foreign investments and U.S. national security. Commenting on the CFIUS review process, Fagan says, “It’s like a full physical, performed by a battery of doctors that run every conceivable test.”
November 22, 2016, Bloomberg
Robert Kelner is quoted in a Bloomberg article regarding President-elect Donald Trump’s business ties to Jose E.B. Antonio, chief executive and controlling stakeholder of Century Properties and special government envoy to the U.S. for Philippine President Rodrigo Duterte, and the potential for conflicts of interest stemming from this relationship. According to ...
November 18, 2016, The Litigation Daily
Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by The Litigation Daily for an initial determination at the ITC on behalf of Baosteel in the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim. According to Sobin, the argument was as much about educating the judge about the ...
November 8, 2016, Covington Alert
On November 7, the Standing Committee of China’s National People’s Congress (“NPC”) passed China’s first Cybersecurity Law (the “Law”), which will take effect starting June 1, 2017. Described as China’s “fundamental law” in the area of cybersecurity, the new Law articulates the government’s priorities with respect to “cyberspace sovereignty,” consolidates ...
November 4, 2016, FDAnews
John Balzano participated in an FDAnews webinar and is quoted in an article regarding China FDA’s proposed expanded requirements for medical device recalls and higher fines for manufacturers that fail to issue recalls. According to Balzano, to be eligible for the accelerated pathway for breakthrough medical devices, the intellectual property for the device needs ...
RECAP – Chinese Investment In Africa: A Balanced View of Its Role and Impact on Africa’s Private Sector
November 2, 2016, IGD Blog
Witney Schneidman participated in a panel at the IGD Fall Frontier 100 Forum and is quoted in an article providing highlights of the discussion on Chinese investment in Africa. According to Schneidman, “We cannot afford to see African market as a zero-sum proposition.” He added that global investors must ensure that “Africa has the access to the best global ...
October 17, 2016, Covington Alert
Effective today, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) has amended the Cuban Assets Control Regulations (“CACR”) and the U.S. Commerce department’s Bureau of Industry and Security (“BIS”) has amended the Export Administration Regulations (“EAR”) to expand permissible dealings involving Cuba, further easing the longstanding U.S. ...
October 5, 2016, Covington Alert
The International Employment Update summarises recent international employment law developments in the United Kingdom, France, Poland, China and the United States of America.
Managing Data Privacy Challenges in Performing Due Diligence and Internal Investigations in China (Part Two of Two)
September 28, 2016, The FCPA Report
Eric Carlson is quoted in an FCPA Report article regarding China’s data privacy and cybersecurity laws and how they apply to companies doing business in China. Commenting on performing due diligence while avoiding data privacy issues, Carlson says, “For due diligence purposes, it is still safe and appropriate to gather corporate information such as whether a ...
September 21, 2016
SHANGHAI—China Law & Practice has named Covington as “Regulatory & Compliance Firm of the Year” at its annual award ceremony. The leading Chinese legal publication also recognized Shanghai partner Eric Carlson as “Regulatory & Compliance Lawyer of the Year” and the firm for its role in the “Outbound Deal of the Year,” China National Tire & Rubber’s $7.8 billion ...
September 12, 2016, International Devices & Diagnostics Monitor
John Balzano participated in an FDAnews webinar and is quoted in an International Devices & Diagnostics Monitor article regarding China’s changing device regulations. According to Balzano, "Overall, they're going to want to make sure that they have a regulatory structure in place that facilitates the most innovative applications and the applications for devices ...
Middle class' appetite for spending 'still growing'
July 19, 2016, The Straits Times
Timothy Stratford participated in a panel discussion at the FutureChina Global Forum and is quoted in this Straits Times article regarding the growing appetite of the Chinese middle class for consumption despite fears of a spending slowdown. Noting the sky-rocketing growth of Chinese outbound investment, Stratford said that between 2002 and 2007, Chinese ...
Covington Forms Cybersecurity Incident Response Team
July 18, 2016
WASHINGTON—Covington has formed an enhanced team of lawyers and advisors to provide cybersecurity incident response services to clients, highlighted by Stephen Surdu, who formerly led the professional services group of Mandiant, joining the team as a Senior Cybersecurity Advisor. Through the formation of the Cybersecurity Incident Response Team with members on ...
July 18, 2016, Covington Alert
On July 11, 2016, Johnson Controls, Inc. (“JCI”) agreed to pay $14.4 million to settle allegations by the U.S. Securities and Exchange Commission that JCI, through its subsidiaries in China, violated the books and records and internal controls provisions of the U.S. Foreign Corrupt Practices Act. The SEC alleged that, from 2007 to 2013, nearly all of the ...
UK Votes to Leave the EU
June 24, 2016, Covington Alert
The UK has voted to leave the European Union in an advisory referendum. 52% leave - 48% remain. Were the UK to leave the EU, this would have significant implications for the UK and for international businesses operating in the UK. The longer term impact of the decision on the regulatory framework for the UK will depend, in part, on the relationship that the UK ...
June 23, 2016, Covington Alert
China amended its Population and Family Planning Law in December 2015. It abolished the one-child policy and eliminated incentives for late marriage and late parenthood. Many provinces are announcing changes to local regulations to comply with the national amendment.
April 21, 2016, Covington Alert
On April 5, 2016, the United States Department of Justice (“DOJ”), through the Criminal Division’s Fraud Section, announced a one-year Foreign Corrupt Practices Act (“FCPA”) enforcement pilot program (the “Pilot Program”) intended to motivate companies to voluntarily disclose FCPA-related misconduct and increase transparency around the Fraud Section’s approach ...
April 2016, Covington Alert
On April 7, 2016, Las Vegas Sands Corp. (“LVSC”) agreed to pay $9 million to settle allegations by the Securities and Exchange Commission (“SEC”) that LVSC, through its subsidiaries in China and Macao, violated the US Foreign Corrupt Practices Act (“FCPA”). The settlement resolves allegations that, from 2006 through at least 2011, LVSC and its subsidiaries ...
China Releases Judicial Interpretation Clarifying Application of Law to Criminal Bribery Cases
April 2016, Covington Alert
On April 18, 2016, the Chinese government released a judicial interpretation that clarifies certain aspects of the PRC Criminal Law with regard to bribery and corruption. The Interpretation provides additional clarity in understanding the amendments to the Criminal Law that took effect last year, most notably by (1) expanding the definition of bribes to include ...
March 28, 2016
SAN FRANCISCO — The Asian Americans Advancing Justice-Asian Law Caucus (ALC) will be recognizing Covington as the 2016 Pro Bono honoree at its 44th Anniversary dinner on May 5th. The firm is being honored for its work on Omar v. Kerry, a case involving Mosed Shaye Omar, a U.S. citizen whose passport was illegally revoked by the U.S. Embassy in Yemen. The ...
March 25, 2016, Covington Alert
On March 23, 2016, Novartis AG (“Novartis”) agreed to pay $25 million to settle civil charges with the Securities and Exchange Commission (“SEC”) alleging that it violated the Foreign Corrupt Practices Act (the “FCPA”) by paying bribes to healthcare professionals (“HCPs”) in China from 2009 to 2013 to increase sales. Employees and managers of its two ...
March 2016, Covington Alert
On March 1, 2016, the Securities and Exchange Commission announced an agreement with Qualcomm Incorporated to settle charges that it violated the Foreign Corrupt Practices Act by hiring relatives of Chinese government officials to gain business advantages in the Chinese telecommunications market. The SEC also alleged that Qualcomm provided gifts, travels, and ...
February 29, 2016, Covington Alert
February 25, 2016, Reuters
Mark Plotkin is quoted in this Reuters article discussing the CFIUS approval process of Chinese acquisitions and investments. According to Plotkin, advisors will often seek to gauge their chances for CFIUS approval before the deal is announced to avoid the embarrassment and cost of announcing a deal that is later halted. He adds, “The CFIUS process is going to ...
February 22, 2016, Covington Alert
February 21, 2016, Covington Alert
February 9, 2016, Covington Alert
January 28, 2016
WASHINGTON, DC - Law360 has named six Covington practice groups among its “Practice Groups of the Year.” The practice groups recognized by Law360 are as follows: Government Contracts Insurance International Trade Life Sciences Product Liability Sports
Antitrust Enforcement Trends in the U.S., Europe and China: Looking Back at 2015 and Ahead to 2016
January 8, 2016, Covington Alert
December 30, 2015, BNA's International Trade Daily
December 28, 2015, Covington Alert
China’s Draft Patent Law Seeks Five Fold Increase on Damages Cap for Patent Infringement Cases
December 9, 2015, Covington Alert
December 8, 2015
BEIJING, December 8, 2015 - Tim Stratford, managing partner of Covington’s Beijing office, received the China Pioneer Award from the American Chamber of Commerce in the People’s Republic of China. The AmCham China Pioneer Award honors corporate leaders who made early and significant contributions to economic expansion and the business environment across ...
November 18, 2015
WASHINGTON, DC, November 18, 2015 - The Human Rights Campaign Foundation (HRC) has awarded Covington a perfect score of 100 percent for the eighth consecutive year on its Corporate Equality Index, a national benchmarking survey and report on corporate policies and practices related to LGBTQ workplace equality. Covington is among 400 major US businesses that ...
The increasing role of Chinese private companies in going global: Reshaping the overall picture of China’s outbound drive
November 2015, The China Outbound Forum, Sanya, China
October 30, 2015, Covington Alert
Covington Shortlisted for Three “Korea Law Awards”
October 29, 2015
SEOUL, October 29, 2015 - Asian Legal Business has named Covington a finalist in three law firm categories in its annual “Korea Law Awards.” The categories include “International Law Firm of the Year,” “Intellectual Property Firm of the Year,” and “Managing Partner of the Year.” Covington was one of the first foreign law firms to open a Seoul office in November ...
Ruixue Ran Named One of Top 15 Female Lawyers in China
October 22, 2015
BEIJING, October 22, 2015 - Asian Legal Business has selected Covington intellectual property partner Ruixue Ran as one of the fifteen “Top Female Lawyers” in China. Ms. Ran is based in the firm’s Beijing office and is one of only three lawyers selected from non-Chinese law firms. The annual award acknowledges the increasing influence of women in China’s ...
October 9, 2015, Covington Alert
September 17, 2015
SHANGHAI, September 17, 2015—China Law & Practice named Covington "International Firm of the Year - Life Sciences" at its annual awards ceremony. The leading Chinese legal publication also named Hui Xu a "Rising Star" in regulatory and compliance law and recognized the firm for its role in its "Deal of the Year," Lenovo’s acquisition of IBM's server ...
September 2015, Bloomberg BNA World Data Protection Report
Covington Advises Tencent on Investment in Kik
August 20, 2015
SAN FRANCISCO, August 20, 2015 — Covington advised Tencent Holdings Ltd. on its US$50 million investment in Ontario-based Kik Interactive, Inc., a messenger application with more than 200 million registered users. Tencent is a Chinese company that provides value-added Internet, mobile and telecom services and online advertising. Its messaging app WeChat has ...
August 2015, Bloomberg BNA World Data Protection Report
July 29, 2015, Covington Alert
Covington’s arbitration app
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.
July 2015, Bloomberg BNA World Data Protection Report
March 26, 2015, The Lawyer
January 7, 2015, Law360
Covington partner Ruixue Ran is featured in this article regarding her joining the firm's IP practice in Beijing: "Ran's practice has included assisting Chinese companies that appear in litigation in United States federal and state courts and that participate in commercial IP transactions. At her prior firm, Ran advised local and international clients regarding ...
Covington Hires IP Litigation Partner in Beijing
January 7, 2015, The Asian Lawyer
Covington partner Ruixue Ran is featured in this article regarding her joining the firm's IP practice in Beijing: "Ran Ruixue, who was most recently a partner at China's Jun He Law Offices, specializes in Section 337 investigations and is one of the first Chinese lawyers practicing in that area. Section 337 (of Tariff Act of 1930) investigations refer to the ...
From the chrysalis
December 15, 2014, CDR News
Covington partner Jeremy Wilson is quoted regarding the liberalization of Korea’s legal market: "Marking the start of a five-year liberalisation process of its legal services sector, the move has spawned an influx of over 20 international firms opening offices in Seoul. With restrictions lifted on firms providing dual advice with domestic practices in 2013, the ...
November 12, 2014, Covington E-Alert
US-China Deal Ups Ante For EPA In Battle Over GHG Rules
November 12, 2014, Law360
Covington's Gary Guzy is quoted on the agreement between the U.S. and China to reduce their greenhouse gas emissions: "Gary Guzy, senior of counsel at Covington & Burling LLP and former deputy director and general counsel of Obama’s Council on Environmental Quality, said the agreement was "enormously significant." "There has been significant difficulty in ...
Washington-area appointments and promotions for Oct. 20
October 20, 2014, The Washington Post
"Covington & Burling of the District appointed Ashley Bass, Robin Blaney, Krista Carver, Jeffrey Davidson, Nicole Duclos, Shankar Duraiswamy, Scott Freling, David Garr, Andrew Lazerow, Michael Lechliter, Anne Lee, Scott Schrader, Nathan Shafroth and Ranganath Sudarshan partners."
Start To Think About Entering China's Health Care Market
October 17, 2014, Law360
Tim Stratford authored this article on China’s tightly regulated health care sector: "The Chinese government has announced the launch of a pilot scheme allowing for the establishment of wholly foreign-owned hospitals (“WFOHs”) through greenfield investment or mergers and acquisitions in three centrally governed municipalities (Beijing, Tianjin and Shanghai), ...
September 1, 2014, National Law Journal
Covington's Daniel Suleiman is featured in this article on Asiana Airlines Crash Investigation: NLJ: How did the NTSB investigation unfold? What happened first? SULEIMAN: In any NTSB investigation, the agency sends out what’s called a “go” team immediately after an incident, whether it’s a pipeline explosion or an airplane crash or a derailment. One of the ...
Airlines Say Antitrust MDL Barred By Filed-Rate Doctrine
August 15, 2014, Law360
Covington partner Anita Stork recently argued a motion summary judgement for client Philippine Airlines, which is quoted in this article: "Under questioning from Judge Breyer, Philippines Airlines attorney Anita Stork of Covington & Burling LLP said the airlines file the majority of their rates with the ATPCO, and the remainder are “unfiled rates within the ...
How to Compete with China in Africa | Commentary
August 8, 2014, Roll Call
Witney Schneidman writes on how extending the African Growth and Opportunity Act will enable the U.S. to maintain a competitive edge against China in the African market in this op-ed for Roll Call: "In the competition for African opportunities, job creation is the U.S. strategic advantage. We are not going to finance infrastructure the same way that China does, ...
August 4, 2014, The Asian Lawyer
Peter Trooboff was recently quoted by The Asian Lawyer on litigator Estelito Mendoza who at 84 remains the defense lawyer of choice for members of the Filipino elite facing corruption charges. "The loyalty these clients have shown to Mendoza is due to the fact that 'this guy is just smarter than anyone else they could have working for them,' says Covington & ...
July 29, 2014, Forbes
Covington's John Balzano writes on the safety issues with meat production in his blog for Forbes Asia. "Safety issues with the meat and meat products in China are causing controversy again. Last year a group of diseased pig carcasses came floating into rivers near Shanghai, causing concern about black markets for meat spreading foodborne illnesses. This time ...
Chinese group wins Cfius legal case
July 16, 2014, Financial Times
Covington's Mark Plotkin is quoted regarding a court ruling allowing a Chinese-owned company to obtain evidence on why its bid for wind farms was rejected. “In a broad way, it does call into question the invulnerability of judicial review,” said Mark Plotkin, a partner at law firm Covington & Burling. “It shows that Congress can never legislate away the ...
US China Investment Pact Talks May Spur Market Reform
July 11, 2014, Law360
Al Larson is quoted regarding the U.S.-China Bilateral investment pact. "Laying down a starting point for the exchange of market access offers on investment between two of the globe's largest economies sends a strong message to investors that have been dissatisfied with the lack of access in China ever since the country acceded to the World Trade Organization ...
July 11, 2014, GlobalPolicyWatch Blog
China's Elusive Pet Food Regulation
June 25, 2014, Forbes
Covington's John Balzano writes on Chinese pet food regulation for Forbes. "Long-term, all-too-frequent, and severe safety issues with pet treats and pet food coming from China have led to serious questions about the state of China’s pet food regulations. The answer to those questions may be fairly simple: China does not have a significant body of pet food ...
Why A U.S.- China Bilateral Investment Treaty Matters
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 19, 2014, The Wall Street Journal
Covington's Alan Larson and Mark Plotkin are quoted regarding Chinese investment in U.S. infrastructure
May 19, 2014, TIME
Covington's Michael Chertoff has authored this op-ed regarding intellectual property theft in China.
Does China have Good Manufacturing Practices for Food?
May 16, 2014, Forbes Asia
Covington's John Balzano writes about food manufacturing in China for his latest blog post in Forbes Asia.
April 22, 2014, Wall Street Journal
Covington partner Tim Stratford is quoted regarding visa requirements and press freedom in China. The article states: "An apparent broadening of restrictions on the media also has the group worried. Journalist visas are becoming more difficult to get, it said, adding that a lack of information about issues such as financial data raises suspicions in the West ...
The Food Police: China Proposes a Plan for a Special Unit for Food and Drug Safety Violations
April 20, 2014, Forbes
Covington's John Balzano writes about a recent announcement by the China FDA and the Ministry of Public Security that China is creating a special police unit for food and drug law violations.
Court Revives Samsung Antitrust Suit Against Panasonic
April 4, 2014, The AmLaw Litigation Daily
Timothy Hester, Robert Long, Derek Ludwin and Jonathan Gimblett are mentioned regarding their representation of Samsung.
March 24, 2014, Forbes
John Balzano, special counsel in Covington's food and drug practice group, writes about the regulatory enforcement of illegal sales of recycled or expired food in Chinese village markets in his latest blog post for Forbes.
7/11/2013
WASHINGTON, DC, July 11, 2013 — Thomson Reuters has ranked Covington & Burling among the Top 20 legal advisers worldwide in completed M&A transactions in emerging markets during the first half of 2013. Covington ranked among the top 10 for deals involving China and the Asia Pacific region, and among the top 15 for deals involving Latin America. “We have made a ...
March 28, 2013
WASHINGTON, DC, March 28, 2013 — Lanny A. Breuer, most recently the Assistant Attorney General for the Criminal Division at the U.S. Department of Justice, is returning to Covington & Burling as Vice Chair of the firm. Mr. Breuer’s practice will encompass a wide range of civil and criminal litigation matters, as well as governmental and internal investigations. ...
Covington Expands Global Reach with Beijing Office
7/23/2008
WASHINGTON, DC, July 23, 2008 — Covington & Burling LLP is pleased to announce that it has opened an office in Beijing. The office is the first in Asia for Covington, which also maintains offices in Brussels, London, New York, San Francisco, and Washington. “Covington has been advising its international clients on legal and business matters in Asia for ...

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