Europe

March 2021

As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are facing and develop plans and strategies in response. Reach out to our COVID-19 task force at COVID19@cov.com. Below is a compendium of resources ...

March 2021

Since the beginning of the Brexit process in 2016, Covington’s Brexit Task Force–comprised of over 40 lawyers and former senior diplomats and policymakers, in London, Brussels, Frankfurt, Dublin, and Washington–has advised clients in a wide range of industries on the challenges and opportunities created by this historic event. While the EU-UK negotiations have ...

April 9, 2021, Global Policy Watch

Next week will be a committee week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Tuesday, MEPs of the Committee on Civil Liberties, Justice, and Home Affairs (“LIBE”) will have their first debate with...… Continue ...

April 8, 2021, Law Society Gazette

April 8, 2021, Covington Alert

The German Act on the Stabilization and Restructuring Framework for Companies (StaRUG), implementing the EU Restructuring Directive[1], came into force on 1 January 2021. The StaRUG provides for a new pre-insolvency restructuring procedure that enables companies to restructure their liabilities based on a qualified creditor majority, i.e. with the possibility to ...

April 7, 2021, Global Policy Watch

In coordinated action on 22 March 2021, the EU, US, Canada and the UK imposed sanctions on four Chinese officials accused of complicity in human rights violations in Xinjiang. The Chinese responded by imposing sanctions on a group of MEPs, European academics and think-tanks on 23 March and followed these announcements by imposing retaliatory sanctions...… ...

April 2021, Contributing Editor, International Comparative Legal Guide

April 2021, Contributing Editor, International Comparative Legal Guide

March 2021

In this series of audio updates, our London disputes team of lawyers and invited guests will be exploring key developments and hot topics in English dispute resolution. Email Catherine Karia, at ckaria@cov.com, for further details or contact any member of our London team using the links below. Episode 1: Witness Memory and Evidence (March 2021) In this episode, ...

March 25, 2021

LONDON—Covington advised the sponsors, ENGIE, Mowah, and Nesma, of the Yanbu 4 reverse osmosis seawater desalination project in the Kingdom of Saudi Arabia in relation to project financing, which closed on March 19, 2021. The project will provide water to the two holy cities, Medina and Mecca. Once complete, the project will produce 450,000 m3 / day of potable ...

March 22, 2021, Global Policy Watch

Next week will be a mixed week with committee meetings and plenary sessions in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Tuesday, the Committee on Economic and Monetary Affairs (“ECON”) will have a debate...… ...

March 22, 2021, Law360

March 19, 2021, WirtschaftsWoche

Dr. Henning Bloss is quoted in the WirtschaftsWoche regarding European Stock Exchanges and national capital market regulations. Concerning Special Purpose Acquisition Companies (SPACs), Mr. Bloss says, “Amsterdam is currently the number one stock exchange in Europe for SPACs.” When asked why German companies move their headquarters to the Netherlands, he says, ...

March 18, 2021, Global Policy Watch

Given increasing public and investor focus on ESG disclosures and the growing recognition that managing ESG risks effectively can be effective in creating long-term value, there is significant and growing (internal and external) pressure on companies to make some form of ESG disclosure.  Some companies already view voluntary comprehensive ESG disclosure as a way ...

March 13, 2021, Economist

Thomas Reilly is quoted in the Economist regarding Brexit’s impact on EU regulation. Mr. Reilly notes the greatest scope for divergence lies in sectors where Britain has a critical mass of activity.

March 12, 2021, Global Policy Watch

Next week will be a committee week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Monday, during a meeting of the Committee on Environment, Health, and Food Safety (“ENVI”), Commission Deputy Director-General for ...

March 12, 2021

BRUSSELS—Covington represented Riga International Airport and the Latvian State in obtaining State aid approval for the recapitalization of Riga International Airport. On March 8, 2021, the European Commission (EC) approved the state recapitalization of up to €39.7 million, comprising a capital injection and a waived dividend payment for the 2019 financial year. ...

March 11, 2021, Global Policy Watch

In 1962 the then US Secretary of State Dean Acheson famously commented that the UK had ‘lost an Empire and not yet found a role’. EU membership appeared to have created that role – as the US/EU hinge US. But Brexit brings that period to an end, forcing the UK to once again define its...… Continue Reading

March 10, 2021, Covington Alert

Traditionally, the logic of trade policy within the EU was driven by economic efficiency considerations: lower tariff and non-tariff barriers to international trade would facilitate mutual gains through the theory of comparative advantage. The EU’s new trade policy approach—“open, sustainable, and assertive”—has shifted tack to incorporate non-economic concerns ...

March 10, 2021, International Financial Law Review

John Ahern spoke with International Financial Law Review about the EU’s Sustainable Finance Disclosure Regulation’s (SFDR) impact on financial markets. Mr. Ahern says, “Costs associated with compliance with the regulation will ultimately be passed on to investors. In addition, if different regimes develop in different geographies, there is a risk of further ...

March 9, 2021, Covington Alert

In prior English LIBOR cases, claimants have alleged that banks proposing financing products indexed to LIBOR or EURIBOR made representations (typically, implied representations) to the effect that they were not manipulating, and did not intend to manipulate, those rates.[1] Misrepresentation claims of this sort have been a feature of the English litigation ...

March 8, 2021, Covington Alert

The European Commission’s recently concluded Trade Policy Review (“TPR”) commits the EU to a more “open, sustainable and assertive” approach to trade. The EU’s emphasis on assertiveness is made credible by a series of reforms that give the EU and Member States new legal enforcement powers and institutions. This reorientation toward enforcement was echoed after a ...

March 5, 2021, Global Policy Watch

Next week will be a plenary week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Monday, the plenary will debate on the report of MEP Wolters (NL, S&D) on corporate due diligence and corporate...… Continue Reading

March 5, 2021, Law360

Dan Cooper, Covington’s EU data privacy head, answered seven questions about the European data privacy landscape with Law360. 

March 2, 2021, Global Policy Watch

A heightened focus on green finance and green investments has renewed legislative impetus, culminating in a series of regulatory developments across the European Union and more recently, the UK.  Some of these notable developments encompass green efforts by the Task Force on Climate-related Financial Disclosures; the European Non-Financial Reporting Directive ...

February 27, 2021, Global Policy Watch

Next week will be a mixed week of committee and political groups meetings in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Thursday, the MEPs of the Committee on Economic and Monetary Affairs (“ECON”) will...… Continue ...

February 26, 2021, Global Policy Watch

For the European Union, data is a core priority for economic growth, whether to facilitate personalized medicine or autonomous vehicles.  Between 2018 and 2025, the value of the data economy in Europe is projected to nearly triple, from €301 billion to €829 billion, and the number of data professionals is expected to nearly double. Given...… Continue Reading

February 26, 2021, Covington Alert

Despite the challenges faced in 2020 and notwithstanding the difficulties of working from home, the UK Courts continued to operate with trials conducted remotely, with a number of significant judgments handed down in the last year. This alert considers some of the key decisions in the financial services sector from the past year, and considers what we might ...

February 17, 2021

WASHINGTON—Covington partners have elected Phyllis Jones and Lisa Peets to the firm’s eight-member Management Committee, which includes three women, two of whom are women of color. Ms. Jones and Ms. Peets will serve four-year terms and work with other members of the committee in setting the firm’s strategy, overseeing the firm’s operations, supporting the firm’s ...

February 17, 2021, Covington Alert

The United States, Canada, and the United Kingdom have each taken significant actions in recent weeks in response to reports of oppression of Uyghurs and other ethnic minorities in the Xinjiang Uyghur Autonomous Region (XUAR) of China. As discussed in previous client alerts, the U.S. government has repeatedly stated that the Chinese government is engaged in ...

February 17, 2021, The American Lawyer

Phyllis Jones and Lisa Peets spoke with The American Lawyer about their recent election to Covington’s Management Committee.  Ms. Peets discussed her supporters along the way, saying, “those clients who have been committed since the early days, before diversity was as much of a focus as it is today” have been “important to my longevity and success.” Ms. Jones ...

February 2021, Contributing Editor, International Comparative Legal Guide

February 2021, Contributing Editor, International Comparative Legal Guide

February 16, 2021

FRANKFURT—WirtschaftsWoche, Germany’s leading business weekly news magazine, has named Covington as one of the “Top Law Firms” for Pharma & Medical Devices law and Dr. Dr. Adem Koyuncu a “Top Lawyer” in Germany. Dr. Dr. Koyuncu is double qualified as a lawyer and medical doctor and a partner in our Brussels and Frankfurt office. He is a chair of the firm's ...

February 15, 2021, Covington Alert

On 5 February 2021, the UK Supreme Court handed down its judgment in an appeal by KBR, Inc. (KBR) against the High Court’s refusal to quash a document production notice served on it by the Serious Fraud Office (SFO). Among other grounds, KBR—a U.S.-incorporated company that has UK subsidiaries but does not itself have a place of business or carry on business in ...

February 11, 2021, Covington Alert

On February 3, 2021, the UK Government’s Department for Business, Energy & Industrial Strategy announced plans to consult on the creation of a new national subsidy control system. This is an important Consultation as State Aid Rules were one of the three final issues that held up the agreement of the EU-UK Trade and Cooperation Agreement (TCA). In this alert, ...

February 11, 2021, International Financial Law Review

Dan Cooper spoke with International Financial Law Review about how COVID-19 has disjointed the GDPR. Mr. Cooper says, “the way that the GDPR works, companies that operate across the EU simply have to be nimble. As a result of this, companies have had to be nimble in their approach to implementing GDPR across different member states.” Mr. Cooper adds, “For ...

February 10, 2021, Covington Alert

In this alert we look at a recent decision by the UK Court of Appeal and a separate prosecution brought by the Information Commissioner’s Office (“ICO”; the UK data protection authority), which together serve as a cautionary tale for employees and prospective future employers of the risks of civil liability and criminal conviction for confidential information ...

February 5, 2021, Global Investigations Review

Ian Hargreaves is quoted in Global Investigations Review regarding the UK Supreme Court’s ruling that the Serious Fraud Office cannot force a foreign company to hand over material stored abroad. Mr. Hargreaves says, “It will be interesting to see how the SFO reacts and whether Lisa Osofsky will push for legislative reform. I suspect the SFO would argue that the ...

February 4, 2021

DUBAI–Covington advised on three “Deals of the Year” recognized at the annual Project Finance International (PFI) Awards 2020. The award-winning transactions are: Middle East Water Deal of the Year - Jubail 3A Covington advised ACWA Power Consortium on the $650 million IWP scheme, a 600,000 m³/day reverse osmosis greenfield independent water project Jubail ...

February 1, 2021, Covington Alert

Following the United Kingdom’s formal departure from the European Union regulatory regime on 31 December 2020, the UK now implements a unilateral export controls and economic sanctions framework. The post-Brexit UK trade controls regime is the product of a series of transitional statutory measures implemented by the UK Government, beginning in 2018 with the ...

January 28, 2021

NEW YORK—Euromoney Legal Media Group recognized Jessica Beess und Chrostin as a Rising Star in the Commercial Arbitration category at its annual “Americas Rising Stars” Awards. Kate Mitchell-Tombras was shortlisted in the Antitrust and Competition category. Ms. Beess und Chrostin represents clients in administered and ad hoc international commercial arbitration, ...

January 27, 2021, Covington Alert

In her closing remarks at the end of the UK/EU Brexit negotiations, European Commission president Ursula von der Leyen quoted T.S. Eliot: “What we call the beginning is often the end / And to make an end is to make a beginning.” Elsewhere in the same poem, Eliot speaks of arriving where we started, yet knowing the place for the first time. Many aspects of the ...

January 25, 2021

LONDON–Covington’s London corporate team has advised AIM- and Main Market-listed clients on multiple fundraisings and acquisitions over the past few months, marking a strong year in life sciences transactions. These include: Advising Sensyne Health plc, a UK clinical AI company listed on the London AIM market, on its £27.5 million equity fundraising The ...

January 25, 2021

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

January 21, 2021, Covington Alert

On 15 January 2021, the UK Supreme Court handed down its judgment in the test case brought by the Financial Conduct Authority (“FCA”), which is intended to clarify how commonly-used business interruption insurance wordings will respond to losses arising from the Covid-19 outbreak in the United Kingdom. The Supreme Court’s decision followed a ‘leapfrog’ appeal ...

January 21, 2021, Covington Alert

A series of recent high-profile English cases have considered the scope of what is called the Quincecare duty. That duty, owed concurrently in contract and in tort, obligates banks to refrain from executing customers’ orders where they are on inquiry that an order may be an attempt to misappropriate a customer’s funds. This alert discusses an important new ...

January 20, 2021, Law360

January 2021, Chambers & Partners

January 14, 2021, Covington Alert

This year will see the European Commission put forward legislative proposals on mandatory human rights and environmental supply chain due diligence as well as on sustainable corporate governance (“SCG”). The EU’s Justice Commissioner, Didier Reynders, confirmed this timeline when launching a public consultation on how the Commission should approach this ...

January 13, 2021

LONDON–Covington advised Sensyne Health plc, a UK clinical artificial intelligence company listed on the London AIM market, on its £27.5 million equity fundraising. The fundraise consisted of a placing with institutional investors, a subscription by directors and senior management, and an open offer to the company's existing shareholders. Covington also advised ...

January 13, 2021, Covington Alert

The EU legislation governing genetically modified organisms (“GMOs”) is over 30 years old. It states that an organism is classified as a GMO where its genetic material has been altered in a way that does not occur naturally. The rules around “contained use” of GMOs (essentially in laboratory settings) are relatively straightforward. The “deliberate release” GMO ...

January 11, 2021, Covington Alert

In early December 2020, the UK government published a consultation on potential reforms to the law on post-termination non-compete clauses in employment contracts (“non-competes”).  The proposals could, if implemented, have a significant negative impact on the ability of employers across a variety of sectors to protect confidential information, goodwill, and – ...

January 9, 2021, RTE

Maree Gallagher spoke with RTE about food exports under the EU-UK Trade and Cooperation Agreement. Ms. Gallagher says, “The rules of origin are key to international trade. Where does something originate? The way you determine the origin of a product is where the last substantial process happened.” She adds, “If you're sending cheese to Donnybrook Fair or ...

January 2021, Covington Guide

The EU-UK Trade and Cooperation Agreement (EUTCA) reached on December 24th is a wide-ranging and complex agreement. Our Brexit Task Force offers these "bite-sized" recordings to give a snapshot of what you need to know in each area. Though the EUTCA provides the overall architecture of the future relationship in a number of areas, much of the detail must still ...

January 7, 2021, Law360

January 7, 2021, The Wall Street Journal

Carlo Kostka spoke with The Wall Street Journal about the financial growth banks and bankers experienced in 2020 despite the economic hardships of others in Europe. Mr. Kostka says banks will be alert to any backlash from politicians or customers, in a year when the gap between the rich and poor has widened. “The Covid crisis has created massive inequalities, ...

January 5, 2021, Law.com International

Louise Nash is quoted in Law.com International regarding the key life sciences and technology legal developments she expects to see in 2021. Ms. Nash senses there will be “high levels of activity across all areas, but particularly in life sciences and technology, which have generated a lot of corporate and regulatory work.” She adds, “Life sciences and ...

2021, Chambers ‘Anti-Corruption 2021’ Global Practice Guide

December 31, 2020, Covington Alert

On 24 December 2020, the EU and the UK reached agreement on the terms of the “EU-UK Trade and Cooperation Agreement” (the “Brexit Deal”). Despite this eleventh-hour agreement, the Brexit Deal is silent on judicial cooperation in civil matters. In this alert, we consider how Brexit, and the Brexit Deal, are likely to affect litigators in Europe going forward and ...

December 29, 2020, CNBC

Lord Francis Maude spoke with CNBC about the economic impacts of the recent Brexit trade deal.

December 28, 2020, Covington Alert

On December 24, 2020, exactly four and a half years after the result of the UK’s EU Referendum, the UK and the EU reached an agreement on their future trade and cooperation arrangements: the EU-UK Trade and Cooperation Agreement (“EUTCA”). The transition period that has run since the UK left the EU in January 2020 will end at midnight Central European Time on ...

December 17, 2020, Covington Alert

In April 2019, the UK Government published its Online Harms White Paper and launched a Consultation. In February 2020, the Government published its initial response to that Consultation. In its 15 December 2020 full response to the Online Harms White Paper Consultation, the Government outlined its vision for tackling harmful content online through a new ...

December 15, 2020, Financial Times

John Ahern spoke with the Financial Times about an investment fund that is profiting off the rents from social housing programs in the UK paid by taxpayers. The fund claimed to be a cheaper option than alternatives, such as hotels and bed and breakfasts. Mr. Ahern says, “It’s the lesser of two evils.” More high-quality homeless accommodation is good, even if ...

December 14, 2020, Covington Alert

The UK Supreme Court has ruled in favour of Walter Merricks, the former head of the UK Financial Ombudsman Service, in a hotly-anticipated judgment in the first opt-out competition class action brought in the UK. Background Mr Merricks is the proposed class representative for 46.2 million people who, between 22 May 1992 and 21 June 2008, purchased goods and/or ...

December 11, 2020, Global Competition Review

Johan Ysewyn spoke with Global Competition Review about Covington’s survey on leniency and immunity applications in the EU. Mr. Ysewyn says the survey shows that “something needs to be done to improve the attractiveness of the EU’s immunity regime.” The survey, which ran between December 2019 and March 2020, received 98 responses, including 37 from competition ...

December 11, 2020, Bloomberg

Louise Freeman spoke with Bloomberg about the UK Supreme Court’s class action case against Mastercard over illegal swipe fees. Ms. Freeman says the ruling paves the way for further consumer class-action lawsuits, which were made possible by a 2015 law change, but have struggled to gain traction. The ruling means “it is not the job of the Competition Appeal ...

December 10, 2020

WASHINGTON—Global Data Review has named Covington to The GDR 100 Elite. The ranking profiles the top 20 firms with a broad international presence and a consistent track record of delivering cutting-edge advice to household name clients around the world, who between them handle the lion’s share of cross-border work in data privacy. The firms featured in The GDR ...

December 7, 2020, Covington Alert

On 27 November 2020, the UK Supreme Court handed down its long-awaited judgment in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48. The Court unanimously dismissed Halliburton’s appeal to remove the court-appointed chair of its tribunal for “apparent bias” in a London-seated insurance coverage arbitration arising out of the Deepwater Horizon ...

December 2, 2020, Covington Alert

As discussed in the previous two installments in this series dealing with voluntary separation programs and global reductions in force, workforce reorganizations can take various forms and, even within a particular scenario, there can be many nuances. One constant, however, is usually advance planning. The importance of this cannot be overstated, especially in a ...

December 2, 2020, Covington Alert

Seizing a “once-in-a-generation” opportunity to work with the Biden-Harris team—potentially the most transatlanticist administration in decades—the European Commission and the European External Action Service today adopted a detailed and comprehensive plan to reinvigorate and reimagine the transatlantic partnership. The proposed strategy will be further debated, ...

December 2020, Practical Law Life Science

November 30, 2020, Covington Alert

This International Employment Update summarises recent international employment law developments in the European Union, Germany, Spain, the United Arab Emirates, the United Kingdom and the United States.

November 28, 2020, RTE

Maree Gallagher is quoted in RTE regarding the implications of Brexit on established food supply chains between Ireland and the UK, and the UK and the European continent. Ms. Gallagher says “until now you haven't had warehouses full of stock you have just in time delivery. So, if you run low on cheese or pizza or cauliflower an order goes in and it's delivered ...

November 27, 2020, RTE

Maree Gallagher was featured on the RTE podcast “Brexit Republic - Fish Fights & Sausage Wars.” 

November 24, 2020, Covington Alert

CJEU Confirms that CBD is Not a Narcotic Drug In a landmark judgment on 19 November 2020, the CJEU ruled in Case C-663/18 that cannabidiol (“CBD”) is not a narcotic drug under the UN Conventions. This is the case even where the CBD is derived from the whole cannabis plant. In this alert we look at how the ruling provides clarity on the non-controlled status of ...

November 24, 2020, Covington Alert

As large companies across the globe continue to navigate the ongoing COVID-19 pandemic, many are considering workforce reorganizations as a way to reduce costs in light of geopolitical and economic uncertainties, flagging demand, and a rapidly changing outlook for recovery. Workforce reorganizations can take many forms; however, many companies will consider ...

November 24, 2020, Covington Alert

On November 20th, the Commons’ Treasury Select Committee launched an Inquiry looking at the future of financial services regulation in the UK after departure from the European Union. In this alert we set out the scope of the Inquiry and how companies can contribute evidence that may influence the Committee’s findings. The Committee is appointed by the House of ...

November 20, 2020, The Banker

John Ahern appeared on The Banker Podcast to discuss how banks can best prepare for a no-deal Brexit, as well as the fallout from the Wirecard scandal in terms of regulators’ views on the fintech community. 

November 19, 2020, Covington Alert

With the UK due to host the COP 26 climate summit in a year’s time, the UK Government is keen to set out its credentials as a global ‘green‘ leader and demonstrate not only that it can make good on its election promise to level up (with much of the promised Green Industrial Revolution investment being focused in old industrial heartlands in the North of ...

November 17, 2020, Vixio

Ian Hargreaves spoke with Vixio about the penalties around anti-money laundering violations. Mr. Hargreaves says, “AML offences generally do not result in custodial sentences. Instead, there is a focus on deterrence.” He argues the four-year maximum sentence for AML offences demonstrates that the EU is looking to ramp up the deterrent effect and the ...

November 16, 2020, Covington Alert

Latest Developments In the latest tit-for-tat action in a long-running trade dispute between the United States (“US”) and the European Union (“EU”), the EU announced that effective November 10, 2020 it would apply a 25% tariff on products found in 136 8-digit Harmonized Tariff Schedule (“HTS”) numbers ranging from vitamins to video game consoles. (The full list ...

November 12, 2020, Covington Alert

The UK government has published long-awaited draft legislation that, if made law, will introduce significant new powers to scrutinise Foreign Direct Investment (“FDI”). The National Security & Investment Bill (the “NSI Bill” or the “Bill”), is proposed to introduce mandatory filing obligations and pre-clearance requirements for all transactions in the most ...

November 3, 2020

LONDON–Ambassador Thomas Reilly has joined Covington’s Global Public Policy Practice in London as the head of the firm’s UK Public Policy team. Ambassador Reilly most recently served as the British Ambassador to Morocco between 2017 and 2020, building deeper political and economic ties between the two countries. During his time as ambassador, he led the ...

November 2, 2020, Covington Alert

On Saturday 31 October, the UK Government announced a new national lockdown and confirmed the extension of the existing Coronavirus Job Retention Scheme, more commonly referred to as the “furlough” scheme. In this alert, we set out what the UK Government has announced and what this means in terms of the support available to employers, including the status of the ...

November 2020, Concurrences N° 4-2020

October 30, 2020, Covington Alert

So far, restructurings in Germany have been implemented either by way of consensual pre-insolvency solutions or formal and comprehensive insolvency proceedings with court oversight. The EU Restructuring Directive (EU) 2019/1023 of 20 June 2019 paved the way for the implementation of pre-insolvency restructuring proceedings in all EU member states that allow ...

October 29, 2020, Covington Alert

This month, the UK Supreme Court issued a decision of fundamental importance to the field of international arbitration, undertaking to answer a simple, but timelessly vexing, question: what law governs the validity and scope of an arbitration agreement, where the law that governs the parties’ contract differs from the law of the seat of arbitration? Is it the ...

October 28, 2020, Covington Alert

In this alert, we review a welcome English High Court decision, which confirms that legal advice privilege extends to communications with foreign lawyers who provide legal advice in their capacity as in-house counsel.

October 26, 2020, Covington Alert

Recent press coverage reports that 2020 has seen a significant drop-off in enforcement activity by the UK’s financial services regulator, the Financial Conduct Authority (the “FCA”) with new enforcement cases against companies down 76 percent and a number of open cases now closed. However, this will likely be a temporary shift only as the FCA pivots to meet the ...

October 22, 2020, Covington Alert

Whether or not a deal is reached with the EU prior to the end of the Brexit transition period on 31 December 2020, the period leading up to 2021 and for some time afterwards is likely to be an uncertain time for many businesses in the UK and beyond. In particular, the commercial effects of Brexit may cause a previously favourable contract to become a bad ...

October 16, 2020, Politico

Kevin Coates spoke with Politico about a move unveiled by the U.S. Secretary of State demanding greater foreign funding disclosure. Mr. Coates described the move as “Partly right, partly wrong.” Right that “think tanks disclose foreign governments. Wrong that it doesn’t also cover think tanks disclosing all funding, foreign and domestic, state and private. ...

October 16, 2020, Sky News

Francis Maude provided updates on Brexit negotiations in an interview with Sky News.

October 15, 2020, Red Box

Francis Maude recently appeared on The Red Box Politics Podcast to discuss COVID-19, Brexit, and other current issues in the UK.

October 2, 2020, Global Risk Regulator

John Ahern and Francis Maude are quoted in Global Risk Regulator regarding trade deals that will significantly impact the city of London. Mr. Ahern spoke about a UK-Japan trade deal that will improve financial services access. He says, “It is good the UK reached an agreement with Japan, it gives confidence that deals can be concluded elsewhere, but Japan is not ...

October 2, 2020, Global Risk Regulator

John Ahern and Francis Maude are quoted in Global Risk Regulator regarding the European Union’s pursuit to compete with the UK in financial services. Mr. Maude says, “One of the criticisms of the EU generally is that it tends to focus on competition within the EU. The UK focuses on competitiveness globally and the balance is not on lower levels of regulation. ...

October 1, 2020

WASHINGTON—Covington has promoted 14 lawyers to its partnership.   “Our new partners practice in a wide range of the firm’s key practices and add importantly to our strengths,” said Doug Gibson, Covington’s chair. “This new partner class demonstrates that we continue to build an exceptional pipeline of superbly talented lawyers, across our offices and ...

September 29, 2020, Covington Alert

How is Brexit likely to affect litigators in Europe after the end of the transition period on 31 December 2020, if no deal is agreed between the UK and the EU to cover their future relationship? In this alert, we consider the “run-off” period created by the Withdrawal Agreement, what is left thereafter, and the implications for drafting choice of law and ...

September 29, 2020, Covington Alert

The UK Government has responded to growing pressure to support those who may be worst affected by the ending of the Coronavirus Job Retention Scheme (“CJRS”) on 31 October 2020. In this alert, we outline the rules of the new scheme and highlight key practical considerations for employers. Further Governmental guidance is expected soon. What Was Announced? On ...

September 25, 2020, Politico

Maree Gallagher and Marie Doyle-Rossi are quoted in Politico regarding Brexit’s impact on the U.K. and Irish pharmaceutical industry. Ms. Gallagher explains that as things currently stand, on January 1, the MHRA will be responsible for regulating medicines in Northern Ireland. However, medicines moving from Great Britain into Northern Ireland (or indeed, from ...

September 25, 2020, LexisNexis

September 14, 2020, Covington Alert

The EU Regulation on Foreign Direct Investment (2019/452) (the “EU FDI Regulation”) will enter into force fully on October 11, 2020. Most notably, on this date, a cooperation and information sharing mechanism among Member States and the European Commission in respect of foreign direct investment (“FDI”) that has an “EU-dimension” will come into effect.

September 14, 2020, Covington Alert

The English High Court has recently awarded damages in a data privacy case, with two features of particular interest1. First, the nature of the claim is more reminiscent of a claim in defamation than for data privacy breaches, which is a development in the use of data protection legislation. Secondly, the damages awarded (perhaps influenced by the nature of the ...

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 ...

September 2, 2020

BRUSSELS–Covington has named Dan Cooper to lead its European data protection practice as co-chair of the firm’s global Data Privacy & Cybersecurity Practice, and he has relocated to Brussels to be closer to the institutions and courts that govern the European data privacy landscape. The firm has more than 100 lawyers focused on data privacy and cybersecurity ...

August 23, 2020, The Wall Street Journal

John Ahern is quoted in The Wall Street Journal regarding the restructuring of European banks following the COVID-19 pandemic. Mr. Ahern says geographical diversification used to be seen as a way to offset weakness when one market cooled. “In coronavirus, you have a global economy almost in shutdown. You're not leveraging an advantage and can be exposed to too ...

August 18, 2020, Covington Alert

On Friday 14 August, the Court of Appeal handed down judgment in the FX dispute CFH Clearing Limited v Merrill Lynch International [2020] EWCA Civ 1064. This appellate success, coming one year after Merrill Lynch obtained summary judgment at first instance against all CFH Clearing’s claims, was a comprehensive victory for the clear wording of standard ISDA ...

August 18, 2020, Waters Technology

John Ahern is quoted in Waters Technology regarding the unintended consequences of AI regulation. Mr. Ahern shares that if the EC isn’t careful in writing future AI legislation, that the old law of unintended consequences could kick in. “What we need to be attentive to is where in the chain of liability are individuals affected. Think, for example, of the CTO: ...

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 ...

August 12, 2020, Covington Alert

In recent weeks, the English High Court has conducted a trial in an unprecedented test case that the UK Financial Conduct Authority (the “FCA”) commenced to resolve legal issues concerning the interpretation of common business interruption (“BI”) policy wordings (the “FCA Action”). The judgment in the FCA Action is likely to address issues that will be among the ...

August 8, 2020, Börsen-Zeitung

August 6, 2020, Covington Alert

In July 2017, the UK Financial Conduct Authority (FCA) announced the likely discontinuation by the end of 2021 of the London Interbank Offered Rate (LIBOR), the interest rate index used in calculating floating or adjustable rates for many loans, bonds, derivatives and other financial contracts.

August 5, 2020, Law360

John Ahern is quoted in Law360 regarding the UK’s increased crackdown on market abuse during the COVID-19 pandemic. Mr. Ahern says tackling market abuse appears to be "very close to the heart" of Mark Steward, the FCA's head of enforcement and market oversight, who reiterated in May that the FCA is continuing to monitor and investigate firms' conduct in real ...

August 3, 2020, The Law Society Gazette

Ian Hargreaves spoke with The Law Society Gazette about the increase of internal investigations through the COVID-19 pandemic. Mr. Hargreaves says “If you want to retain privilege over a document mark it ‘Privileged and Confidential’. It may not ultimately be treated by a court of law as such, but it will help to carve out what the team regard as covered by ...

August 2020, Privacy Laws & Business

2020, Global Legal Insights - Pricing & Reimbursement

July 31, 2020, Covington Alert

The High Court of Justice, Business and Property Courts of England & Wales, Queen’s Bench Division (the Commercial Court) has ruled on the status of “illustrations” and “worked examples” in the context of general contractual interpretation.

July 29, 2020, Covington Alert

Last week, the European Commission launched a public consultation on the possible adoption of a new EU Carbon Border Adjustment Mechanism (“CBAM”). This consultation is yet another of the initiatives that the Commission is taking to roll out its ambitious European Green Deal (for a recent overview webinar see here). Manufacturers in virtually all industrial ...

July 27, 2020, Covington Alert

On 21 July 2020, the UK Intelligence and Security Committee (the “Committee”) published a long-awaited report regarding evidence of Russian threats against the United Kingdom. In addition to setting out the nature and extent of what the Committee considered to be hostile activities on the part of operatives with ties to Russia, the report addressed the powers ...

Summer 2020

Covington's European privacy team offers insights on the current state of play with respect to the intersection of European data privacy laws, and the transition around Europe and further abroad as government lockdown restrictions are lifted and companies begin to plan their return-to-work programs. In this on-demand briefing, we cover the guidance and positions ...

Summer 2020

  In this video, Covington's Business and Human Rights practice team members Daniel Feldman, Tom Plotkin, and Hannah Edmonds-Camara address: how is human labor in the spotlight? how are supply chains impacted? how can companies address business and human rights challenges?

July 17, 2020, Legaltech News

Kristof Van Quathem is quoted in Legaltech News regarding the continuation of shared data between the EU and the United States after the invalidation of the Privacy Shield. Mr. Van Quathem says companies are exploring encryption and other technical safeguards for EU data transferred to the U.S. He added that more organizations are also considering prohibiting ...

July 17, 2020, AmLaw Litigation Daily

AmLaw Litigation Daily named Craig Pollack, Greg Lascelles, Eddy Eccles, Jonathan Heath, Charlotte Raynor, and Alex Gudko as runners-up for "Litigator of the Week" for their comprehensive defense win in a multi-billion dollar dispute in the English Commercial Court between two Ukrainian businessmen and the firm’s client, Mr. Oleg Mkrtchan and his related ...

July 16, 2020, Covington Alert

On July 16, 2020, the European Commission (“Commission”) announced that it has launched an antitrust sector inquiry into "consumer-related products and services that are connected to a network and can be controlled at a distance, for example via a voice assistant or mobile device."

July 16, 2020

BRUSSELS-- Today, the European Court of Justice (“CJEU”) issued a landmark decision striking down the EU-U.S. Privacy Shield — an agreement between EU and U.S. authorities authorizing transfers of EU personal data to the United States — but upholding the validity of standard contractual clauses (“SCCs”), another mechanism that EU-based organizations use to ...

July 16, 2020, The Guardian

Lisa Peets spoke with The Guardian about the European Court of Justice’s decision to invalidate the EU-U.S. Privacy Shield, in which social media companies could be prevented from sending data to the United States from Europe. Ms. Peets says the ruling is not a total halt on data transfers between the EU and U.S. The court upheld the use of “standard contractual ...

July 16, 2020, Global Data Review

Lisa Peets is quoted in Global Data Review regarding the European Court of Justice’s decision to invalidate the EU-US Privacy Shield. Ms. Peets, who represented software trade body BSA as an intervening party, says companies are unlikely to immediately stop their SCCs – saying that “halting existing transfers would be all but impossible from a practical ...

July 16, 2020, Law360

Lisa Peets spoke with Law360 about European Court of Justice’s invalidation of the EU-U.S. Privacy Shield. Ms. Peets, who represented the Software Alliance, says the decision to reject the Privacy Shield without holding arguments on the merits of the tool — an issue that wasn't directly before the high court in this dispute — was “disappointing to many.” She ...

July 14, 2020

LONDON—Covington secured a comprehensive defense win in a multi-billion dollar dispute in the English Commercial Court between two Ukrainian businessmen and the firm’s client, Mr. Oleg Mkrtchan and his related corporate entities. Valued at $2 billion, the complex proceedings involved wide ranging accusations of fraud made by Mr. Vitaliy Gaiduk and Mr. Sergei ...

July 14, 2020, The Lawyer

Craig Pollack is quoted in The Lawyer regarding Covington’s recent comprehensive defense win in a multi-billion dollar dispute in the English Commercial Court between two Ukrainian businessmen and the firm’s client, Mr. Oleg Mkrtchan and his related corporate entities. Mr. Pollack says, “The Mkrtchan Parties are delighted that the judge found in their favour on ...

July 10, 2020, Covington Alert

On 6 July 2020, the UK Government announced the creation of a new UK human rights sanctions regime, which is the first independent UK sanctions regime to be established under the Sanctions and Anti-Money Laundering Act 2018 (“SAMLA 2018”).

July 8, 2020, Covington Alert

In recent years and with increased vigor in recent months, stakeholders and governments, including the United States, have focused on labor-related and other human rights issues concerning the treatment of Uyghur and other minority Muslim groups in the Xinjiang region of China. In this post, we provide an overview of some of these developments and considerations ...

July 6, 2020, Law360

Charlotte Raynor spoke with Law360 about the potential licensing regime for litigation funders in the UK. Ms. Raynor says, “If a funder is a member of the ALF, then they're hallmarked as being a 'good player' in the marketplace.” However, she points to growing concerns about how litigation funders run their business, including the sources of their funds. “How ...

July 6, 2020

BRUSSELS—Covington advised airBaltic on the notification to the European Commission of a €250 million recapitalization by the Latvian government. The measure was approved today under the EU’s Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak. In the second quarter of 2020, Member States and non-EU countries ...

July 3, 2020, Computer Weekly

Yan Luo is quoted in Computer Weekly regarding China’s new draft data security law. Ms. Luo says, “China is considering allowing the law to have an extra-territorial effect that we have not seen before. They want to counteract the extra-territorial effect of U.S. law.” She adds that the law may require a technical audit of a company’s cyber security and to ...

July 2, 2020, Global Investigations Review

Robert Henrici is quoted in Global Investigations Review regarding Wirecard’s €2 billion accounting scandal. Mr. Henrici says ultimately, it is too early to assign responsibility to any particular party for the Wirecard scandal and warned against knee-jerk reforms. “We don’t know what BaFin did to investigate [Wirecard] and it’s clear now that criminal conduct ...

July 2020, Practical Law Life Sciences

July 2020, Practical Law Life Sciences

June 30, 2020, Börsen-Zeitung

June 27, 2020

WASHINGTON—Covington represented Piramal Enterprises Limited (PEL) in the sale of a 20% stake in Piramal Pharma Limited (Piramal Pharma), a wholly owned subsidiary of PEL that will contain its pharmaceutical businesses, to CA Clover Intermediate II Investments, an affiliated entity of CAP V Mauritius Limited, an investment fund managed and advised by affiliated ...

June 25, 2020, Covington Alert

The German Federal Government has adopted the draft of a German Associations Sanctions Act ("VerSanG-E") which now bears the name "Law to strengthen integrity in business". The Federal Government has thus adopted the draft bill of 22 April 2020 proposed by the German Federal Ministry of Justice and Consumer Protection (BMJV) without any changes. Parliament ...

June 25, 2020, Financial Times

Horst Henschen is quoted in the Financial Times regarding Germany’s investment into CureVac, a biopharmaceutical company attempting to find a COVID-19 vaccine. Mr. Henschen says, “Kuka was the trigger, but it’s a general policy shift. Ten years ago, Germany, an export country, was very much for globalization and no one thought of introducing hurdles. The shift ...

June 25, 2020

WASHINGTON—The Women in Law Empowerment Forum (WILEF) has named Covington to its 2020 Gold Standard Certification list in both the United States and United Kingdom. This is the sixth year in which the firm has been recognized in the U.S. and the first for both countries. WILEF grants Gold Standard status to major law firms that meet objective criteria ...

June 22, 2020, Global Competition Review

James Marshall spoke with Global Competition Review about a new law in the UK that will review and block foreign takeovers that would otherwise threaten its ability to deal with public health emergencies. Mr. Marshall says the proposals “reflect a rapid uptick in foreign investment control across Europe” since the start of the coronavirus pandemic.

June 18, 2020, Global Competition Review

Horst Henschen and Peter Camesasca spoke with Global Competition Review about the European Union’s new tools to address competitive distortion. Mr. Henschen says the supervisory authority will have “very broad powers to intervene.” The idea that the commission should be the competent supervisory authority may also “lead to a lively debate.” Mr. Camesasca says ...

June 17, 2020, New York Times

Horst Henschen spoke with the New York Times about Europe’s plan to keep Chinese-backed companies from acquiring cheap assets during the COVID-19 pandemic. Mr. Henschen says the measures would give European officials “very broad powers.”

June 15, 2020, Computer Weekly

June 10, 2020, Covington Alert

The German Federal Court of Justice (Bundesgerichtshof - BGH) confirmed in a decision of May 7, 2020 (file number IX ZB 56/19) that distressed debt traders have the unrestricted right to inspect insolvency files.

June 8, 2020, Covington Alert

On 19 May 2020, easyJet announced that personal data of approximately 9 million customers worldwide had been unlawfully accessed by third parties in a “highly sophisticated cyber-attack”. Data stolen by the cyber-attackers includes credit card details of 2,000 of the affected customers and, for most other customers, travel details such as departure and arrival ...

June 2020, Privacy Laws & Business

May 29, 2020, Covington Alert

In this update, we provide an overview of a number of recent international developments in the area of business and human rights ("BHR"). While public policy and corporate agendas have slowed in the past several months as a result of the response to the COVID-19 pandemic, there have been recent indications that key stakeholders—including governments, ...

Spring 2020, Covington Guide

As businesses across Europe prepare to reopen following the COVID-19 lockdown, Covington is providing practical resources and guidance on the broad array of issues companies face as employees return to the workplace, including employment, privacy, competition, policy, environmental and regulatory considerations at the EU level, with a focus on Germany and the ...

May 27, 2020, Covington Alert

The UK Government has tabled legislation to assist companies in financial difficulty and to make temporary changes to the law relating to the governance and regulation of companies. The Corporate Insolvency and Governance Bill1 (the “Bill”), which commenced its passage through the UK Parliament on 20 May 2020, is relevant to public companies as it provides for ...

May 20, 2020, Covington Alert

In the context of the coronavirus pandemic, there have been significant recent developments in Germany with respect to business interruption insurance and short-time working compensation.

May 19, 2020, Bloomberg

Daniel Cooper spoke with Bloomberg about new wearable technology devices that alert users when they are within close proximity of someone with COVID-19. Mr. Cooper notes that businesses are walking a fine line between keeping people safe and protecting their privacy. The absence of clear guidance from European regulators is forcing companies -- who could also be ...

May 18, 2020, Law360

Law360 interviewed Louise Freeman about  her role as co-chair of the firm’s commercial disputes practice, and her involvement in the firm's women's networks and diversity initiatives.. She discussed her thoughts about leadership, boosting diversity efforts, and how the firm is navigating  COVID-19.

May 17, 2020, Kyiv Post

May 14, 2020, Bruegel

Michael Leigh participated in a webinar with Bruegel entitled, “Democracy in the times of COVID-19 with Věra Jourová,” to discuss how Europe can uphold its democratic values during the COVID-19 pandemic. 

May 13, 2020, Law360

May 13, 2020, Covington Alert

The UK Cabinet Office has published ‘Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the COVID-19 emergency’ (the Guidance). The Guidance is expressly stated to be non-statutory and non-binding, and its purpose is to encourage what it coins, “responsible and fair contractual behaviour” in light of ...

May 12, 2020, Covington Alert

Litigation involving investment funds of all kinds has traditionally been rare, with funds keen to protect reputations and more willing to settle disputes behind closed doors. Nevertheless, the current impact on funds caused by the economic impact of the Covid-19 pandemic has led to a marked increase in redemptions accompanied by potential decreases in the value ...

May 7, 2020, Covington Alert

On 1 May 2020, one of the UK’s insurance regulators, the Financial Conduct Authority (the “FCA”), issued a statement that it intended to seek legal clarity on business interruption (“BI”) insurance in order to resolve doubt for policyholders facing uncertainty on their claims (the “Statement”). The FCA says that it will achieve this clarity by seeking court ...

May 6, 2020, Covington Alert

In the previous Covington alerts published on March 25 and April 7, we gave an overview on the various German State aid programs that are available for German companies facing liquidity difficulties due to the COVID-19 pandemic, and subsequent shutdown measures. It was clear from the beginning of the pandemic that many German companies would quickly face serious ...

May 6, 2020, Covington Alert

This article discusses a recent case before the English High Court (AA v Persons Unknown [2019] EWHC 3556 (Comm)) where a claimant successfully obtained an injunction in respect of Bitcoins transferred following a ransomware attack (which were ultimately traced to a wallet held at a crypto currency exchange). The case drew attention to the difficult situations ...

May 6, 2020, Covington Alert

On April 29, 2020, in a webinar hosted by the European Parliament’s Responsible Business Conduct Working Group, EU Commissioner for Justice Didier Reynders announced that the European Commission (the “Commission”) will move swiftly to introduce regulation on mandatory human rights and environmental due diligence for companies, with its legislative proposal to ...

May 5, 2020, Covington Alert

Every new team entering the Berlaymont to head up the European Commission starts out with bold and ambitious plans. Time after time, reality intervenes, and their plans are upended. This was true for the second Barroso Commission in 2010, when the aftershocks of the Global Financial Crisis and the Greek and Euro crisis that followed came to dominate their ...

May 1, 2020, Covington Alert

In the coming weeks many of England’s football clubs are likely to vote on whether to suspend or remove the regulatory framework that football authorities in England and Europe have developed over the past decade to prevent the financial mismanagement of clubs and protect the sporting integrity of competition.

May 1, 2020, Global Competition Review

Johan Ysewyn spoke with Global Competition Review about EU competition commissioner Margrethe Vestager’s request to suspend European state aid rules during the coronavirus pandemic. Mr. Ysewyn says there was a similar “knee-jerk reaction during the financial crisis in 2008 from member states,” but the idea was quickly discarded. As in the financial crisis, the ...

April 30, 2020, Covington Alert

Recent developments have clarified the previously uncertain status of cryptocurrencies under English law. Two key court decisions and guidance released by the UK Jurisdiction Taskforce (UKJT) have determined that cryptocurrencies can be treated as property. This will have an impact on many areas of legal practice, as well as on clients working with ...

April 27, 2020, Global Competition Review

Peter Camesasca is quoted in Global Competition Review regarding a  controversial deal, which was approved by Germany’s Federal Cartel Office, between a pair of locomotive manufacturers. Mr. Camesasca says the case will prove to be a “relevant precedent” because the FCO “came out purely on competition grounds.” Despite heightened awareness regarding foreign ...

April 25, 2020, Law360

Ian Hargreaves spoke with Law360 about an increase in market manipulation cases amid the COVID-19 pandemic. Mr. Hargreaves says, “The FCA will be looking very closely at markets and insider dealing to see if there are any trends and fluctuations that are unexplained. We will only see the outcome of that in several months or even several years' time.” He adds, ...

April 23, 2020

LONDON—Global Investigations Review has named Mark Finucane to its third “40 Under 40” list, profiling 40 leading investigations specialists from around the world. Honorees were selected on a range of factors including their experience, third-party references, and the jurisdictions where they work. Mr. Finucane’s practice focuses on representing institutions and ...

April 22, 2020, Covington Alert

On 20 April 2020, the UK Government announced the new Future Fund scheme under which the Government will offer funding to innovative UK registered companies facing financial difficulties due to the COVID-19 outbreak.

April 22, 2020, Politico

Sebastian Vos spoke with Politico about his experience working virtually in Brussels during the COVID-19 pandemic. He says in the early stages of the crisis, things were a bit chaotic and during this adjustment period, it was hard to figure out which files were moving and which weren’t. “It wasn’t that [the Commission] wasn’t well-organized, it was that we ...

April 21, 2020, Covington Alert

The Government has announced further information on the measures to be brought forward to assist public companies in meeting their statutory and regulatory obligations to hold annual general meetings (AGMs) during the current season. On 17 April 2020, the Department for Business, Energy and Industrial Strategy (BEIS) and the Financial Reporting Council (FRC) ...

April 17, 2020, Politico

Horst Henschen and Peter Camesasca spoke with Politico about the European Commission’s push to make foreign investment screening less national and more European. However, Italy is not conforming to the idea. Mr. Henschen says, “I hope this is really due to the corona crisis and that things will go back to normality, as otherwise there will be apparent conflicts ...

April 17, 2020, Law360

Ian Hargreaves spoke with Law360 about the delay of investigations by UK enforcement agencies due to the coronavirus pandemic. According to Mr. Hargreaves, interviews with individuals connected to active FCA investigations “seem to have slowed down significantly” since social distancing and lockdown measures have been introduced. “On one matter we had ...

April 16, 2020, Financial Times

Ian Hargreaves spoke with the Financial Times about the risk of fraud when checking the identity of clients in remote locations. Mr. Hargreaves says overall the rush to do business during the pandemic was having a negative effect on independent data verification. “Businesses making snap decisions on very limited data and information is a real problem,” he adds. 

April 14, 2020, Covington Alert

On 8 April, the UK Financial Conduct Authority (FCA) announced further measures to assist companies seeking to raise finance from the capital markets in order to meet the challenges of the COVID-19 pandemic and position their businesses for recovery. The FCA Statement of Policy sets out guidance on the application and relaxation of certain pre-existing rules, ...

April 14, 2020, Juve

Horst Henschen is quoted in Juve regarding the German government’s move to tighten controls of foreign direct investment in the wake of the COVID-19 pandemic. Mr. Henschen says, “The criticism from the economy is partially understandable, especially with regard to the enforcement ban for the acquisition of companies in critical infrastructures. In contrast to ...

April 10, 2020, Covington Alert

On 18 February 2020, the UK Economic Secretary to the Treasury upheld a decision on the part of HM Treasury to impose monetary penalties against Standard Chartered Bank, for breaches of the EU-Russia sanctions and associated UK implementing legislation.

April 9, 2020, Covington Alert

The COVID-19 crisis has led to a sharp rise in fraud and cybercrime in the UK. Although many of the scams we have seen so far have targeted individuals, there is a growing concern that fraudsters are setting their sights on businesses who may now be more vulnerable to fraudulent schemes as a result of the crisis. The UK government’s imposition of stringent ...

April 8, 2020, Global Investigations Review

Robert Henrici is quoted in Global Investigations Review regarding the German Federal Tax Office’s order to banks to repay the taxes that they allegedly evaded through cum-ex trades. Mr. Henrici says, “If a tax is demanded what does this mean for the option of disgorgement? These conversations will occupy courts for many more years.”

April 7, 2020, Covington Alert

The German government has set up a protective shield for enterprises financially affected by the crisis, which, in addition to short-time work compensation (“Kurzarbeitergeld”), tax and social security deferrals and already existing federal state guarantee programs, establishes a KfW (the German state development bank) credit program and specific further ...

April 6, 2020, Covington Alert

On April 3, 2020, the European Commission published its proposal for a new Regulation to amend the application date of the Medical Devices Regulation 2017/745 (“MDR”) by one year. The proposed new legislation also amends the MDR rules on exceptional special authorizations of non-CE-marked medical devices with immediate effect.

April 6, 2020, Covington Alert

Following a meeting of representatives from all English Premier League (EPL) clubs Friday April 3, it was announced that EPL fixtures were postponed indefinitely and would not be returning in May, as stated previously. The EPL announced that the 2019/20 football season would only resume when “it was safe and appropriate” to do so, subject to Government agreement ...

April 5, 2020, Covington Alert

With its announcements on Friday 3 April 2020, the UK government has now introduced three different schemes to facilitate access to Coronavirus finance for larger, mid-sized and smaller businesses in UK. Three separate schemes have been established to reflect the varied issues that business of different sizes have been encountering. Each scheme seeks to directly ...

April 3, 2020, Covington Alert

On 28 March, 2020, the UK Government announced that it intends to amend insolvency law to give companies breathing space and allow them to keep trading while they explore options for rescue. The changes include (a) a temporary suspension of wrongful trading by directors of UK companies for three months commencing on 1 March, 2020 and (b) the introduction of a ...

April 3, 2020, Covington Alert

At a time when many companies have been forced to close their offices and have almost all of their employees working remotely, the standard procedures for the execution of documents and addressing signing and closing matters have come under pressure. Below are some practical issues that can arise in the signing and closing of deals which are subject to English ...

April 3, 2020, Covington Alert

COVID-19 has created many challenges for both public companies and a range of regulators tasked with ensuring market functionality and integrity. In the past few weeks, Government, regulators and advisory bodies relevant to the capital markets have moved to act quickly where they can to announce new measures or provide guidance aimed to address areas of ...

April 2, 2020, Law360

Mark Young spoke with Law360 about a UK Supreme Court case involving the intentional breach of customer data information by an employee at Morrisons. The court ruled Morrisons will no longer  have to pay a fine. Mr. Young says this is the “dual-edged result” of the Supreme Court judgment. Although a company is off the hook if an employee “goes off the deep end” ...

April 1, 2020

LONDON—Covington represented Sitryx on an exclusive global licensing and research collaboration with Eli Lilly and Company. The collaboration will study up to four novel preclinical targets identified by Sitryx that could lead to potential new medicines for autoimmune diseases. Under the terms of the agreement, Sitryx will receive an upfront payment of $50 ...

April 2020, Privacy Laws & Business

April 1, 2020, Global Data Review

Daniel Cooper spoke with Global Data Review about a UK high court case involving the deliberate breach of personal information by a supermarket employee from Morrisons. The court ruled that the supermarket was not liable for the actions of the employee. Mr. Cooper described the decision as “dual-edged” and said that “when coupled with the Lloyd Court of Appeal ...

April 2020, International Comparative Legal Guide to: Enforcement of Foreign Judgments 2020

April 2020, International Comparative Legal Guide to: Enforcement of Foreign Judgments 2020

March 31, 2020

LONDON—James Marshall has joined Covington’s Competition Practice in London as a partner. Mr. Marshall advises on all aspects of competition law and sector regulation and regularly counsels clients on merger control, investigations, commercial deals, abuse of dominance, and compliance. He is recommended by Legal 500 in multiple categories and is recognized as a ...

March 27, 2020, Covington Alert

On Friday 20 March, the UK Government announced various support measures for UK businesses. One of these was the Coronavirus Job Retention Scheme (the “Scheme”), which it is hoped will reduce the risk that UK employers promptly dismiss employees in response to the Coronavirus outbreak. Further guidance was published on 26 March, providing some much needed detail ...

March 26, 2020, Covington Alert

On March 25, 2020, the European Commission (“Commission”) published a policy paper to provide guidance to the EU Member States regarding takeovers by non-EU (“foreign”) investors of EU companies and assets in "strategic industries" during the Covid-19 crisis (the “Guidance Paper” or the “Guidelines”). The Commission emphasizes the importance of vigorously ...

March 25, 2020, Covington Alert

In order to mitigate the effects of the Corona-pandemic on the ability of enterprises to pay their current liabilities, the German parliament has passed a law today containing a set of measures dealing, inter alia, with (i) the obligation to file for insolvency, (ii) certain liability risks of individual directors and managers in connection with a potential ...

March 25, 2020, Project Finance International

March 24, 2020, Covington Alert

COVID-19 is causing significant interruptions to international and domestic trade with implications for commercial contracts. This advisory note discusses a number of applications of German contract law that may provide relief to parties unable to perform their contractual obligations.

March 20, 2020, Covington Alert

In recent days, both the EU and certain EU Member States have imposed new export licensing requirements on the export of certain types of medical equipment and medicines, in light of the COVID-19 outbreak. We summarize those measures below. The new measures are relevant for any companies who may export medical equipment or medicines from the EU or the United ...

March 19, 2020, Covington Alert

March 19, 2020, Covington Alert

The speed and severity of the current crisis means UK employers face very difficult and pressing decisions. Some intermediate steps can be taken to preserve workforces for a period and avoid immediate redundancies. Some form of individual or even collective consultation with employees or their representatives may be necessary. This can be used ...

March 17, 2020, Financial Times

Johan Ysewyn is quoted in the Financial Times regarding the potential monetary losses and risk of vanishing mergers during the coronavirus crisis. Mr. Ysewyn says, “Authorities are having a gut reaction in resetting their priorities, but in the meantime businesses are losing money every day the deal doesn’t close, while also dealing with the consequences of the ...

March 6, 2020, Covington Alert

Below are the selections of Covington’s Copyright Practice Group for the “Top Ten” most significant and interesting developments in U.S. and European copyright law during 2019. Copyrights registered when application granted, not when submitted “Full costs” in Copyright Act limited to costs specified in statute First Amendment challenge to DMCA ...

March 5, 2020

NEW YORK—A three-lawyer project finance and development team has joined Covington in the U.S. Joseph Tato, a New York-based partner, represents project sponsors, equity investors, financial institutions, and governments in the development and financing of power, oil and gas, LNG, renewables, water, mining, and other infrastructure projects in the U.S., Africa, ...

March 2, 2020, Covington Alert

Businesses operating in the UK now have less than two months to prepare for implementation of the new off-payroll working legislation on 6 April 2020. Non-compliance could leave organisations with a significant tax liability and may jeopardise important relationships with key contractors, and risk business processes. Companies should act now to ensure they are ...

February 27, 2020, Covington Alert

On February 19, the European Commission laid out its ambitious plans for regulating data, AI, and the digital sphere. These set the stage for the next five years’ work for President von der Leyen’s Commission in this critically important, and ever expanding, domain. Crucially, in its plans the Commission is making a concerted attempt to call on the “Brussels ...

February 21, 2020

WASHINGTON—Covington secured a major ruling for Ukraine in an arbitration against the Russian Federation under the U.N. Convention on the Law of the Sea (UNCLOS). The ruling, issued today by a five-member arbitral tribunal, rejected the majority of Russia’s jurisdictional objections and permits Ukraine’s case to proceed to the merits. “The Tribunal’s ...

February 2020

Covington's class action practice is pleased to launch a multi-part video series with insights on recent class action developments and trends. In our Navigating Class Actions series, partners Sonya Winner, Andrew Ruffino, Emily Henn, Henry Liu, Andrew Soukup, Ashley Simonsen, and Louise Freeman address: Class certifications Emerging issues and privacy ...

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 31, 2020, Covington Alert

This evening, at 11:00 p.m. GMT, the UK will leave the European Union. Brexit day marks a beginning, not an end. The UK today embarks on a complex process of negotiating new arrangements for trade and cooperation with the EU and partners around the world. Regulatory divergence seems inevitable, given that the UK will want to make its own decisions on existing ...

January 31, 2020, Covington Alert

At 11 p.m. tonight, the UK will officially leave the EU. Although this is a significant milestone in the development of the UK’s data protection framework, the UK will remain very closely linked to the EU in the short term at least, and for many the change may be imperceptible.

January 30, 2020, Covington Alert

As it is now certain that the UK will leave the EU on Friday, 31 January 2020, on the terms of the Withdrawal Agreement, we take a closer look at what this will mean for commercial litigation, particularly during the transition period. In headline summary, civil judicial co-operation will remain largely unchanged during the transition period to the end of 2020. ...

January 28, 2020

LONDON—The Lawyer has named London life sciences partner Sarah Cowlishaw to its “Hot 100,” a list that recognizes the most daring, innovative and creative lawyers from in-house, private practice and the Bar around the U.K. The Lawyer highlighted Ms. Cowlishaw’s work for biotech company Sensyne Health on regulatory matters related to its AIM IPO and her ongoing ...

January 23, 2020

WASHINGTON—Global Competition Review has once again named Covington to its 2019 "Global Elite," a list of the top 25 firms practicing competition law internationally, as well as including the firm in the list of top ten antitrust litigation practices globally. Now in its 20th year, GCR100 undertakes extensive analysis of antitrust and competition law groups in ...

January 17, 2020

WASHINGTON—Covington represented Piramal Enterprises Limited in itsdefinitive agreement to sell Decision Resources Group to Clarivate Analytics plc, in a deal valued at $950 million. The $950 million purchase price includes $900 million in cash and approximately $50 million in Clarivate ordinary shares to be issued following the one-year anniversary of ...

January 16, 2020

London—Covington represented Illumina on its partnership with Genomics England, to sequence up to 500,000 whole genomes for the NHS Genomic Medicine Service.  This partnership is part of the wider ambition to analyse up to 5 million genomes by 2024, to enable the UK to maintain its position as a global leader in genomics.   Under this partnership and guided by ...

January 10, 2020, Global Data Review

Daniel Cooper is quoted in Global Data Review regarding the UK ICO’s decision to fine DSG Retail £500,000 under pre-GDPR data protection law. The fine stems from the company being compromised by a cyberattack affecting at least 14 million people.   Mr. Cooper says, “the ICO's imposition of a maximum fine appears due, in part, to the fact that it felt DSG should ...

January 9, 2020, Global Data Review

Daniel Cooper spoke with Global Data Review about the European Commission’s recommended changes to artificial intelligence liability rules. Mr. Cooper says the commission is keen to stress that the conclusions drawn from the report remain those of the expert group only. “One has to assume that the commission wants to be careful to test the waters first and gauge ...

2020, International Comparative Legal Guide to: Litigation & Dispute Resolution 2020

January 1, 2020, Practical Law

December 23, 2019, CNBC

Francis Maude appeared on CNBC to discuss the risk and possibility of a Brexit no-deal. Lord Maude says, “The risk of a no-deal Brexit without a withdraw agreement is very unlikely because it is in no one’s interest for that to happen… But there has always been a risk that if both sides get into an absolute standoff that there could be an end to the ...

December 20, 2019, Covington Alert

On December 19, 2019, Advocate General (“AG”) Henrik Saugmandsgaard Øe handed down his Opinion in Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (“Schrems II”). The AG’s Opinion provides non-binding guidance to the Court of Justice of the EU (“CJEU”) on how to decide the case.

December 19, 2019, Covington Alert

The German legislator has adopted a new Act, implementing the European Second Shareholder Rights Directive which, inter alia, sets forth increased transparency and approval requirements for related party transactions. The new Act will come into force on January 1, 2020.

December 18, 2019, Law360

December 13, 2019, International Financial Law Review

Francis Maude is quoted in the International Financial Law Review regarding the UK election results and its effect on the future of Brexit. Lord Maude says, “It is too early to say for definite what will come next, though I feel that London will continue to be the financial center of Europe. It is where the critical means of capability is. I’m confident that the ...

December 10, 2019, The Gazette

December 9, 2019

WASHINGTON—Covington represented Merck & Co., Inc. in its definitive agreement under which Merck, through a subsidiary, will acquire ArQule for $20 per share in cash for an approximate total equity value of $2.7 billion. ArQule is a publicly traded biopharmaceutical company focused on kinase inhibitor discovery and development for the treatment of patients with ...

December 9, 2019, Covington Alert

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

December 9, 2019, Covington Alert

From December 9, 2019, the Senior Managers & Certification Regime (“SM&CR”) will apply to all FSMA-authorised firms in the UK. This extension of the SM&CR to an additional 47,000 firms is predicted to increase regulatory, investigative and enforcement focus on individuals, including by expanding the number of individuals targeted.

November 27, 2019, Law360

Atli Stannard is quoted in Law360 regarding the U.S. Department of the Treasury’s claims of European Union banks violating privacy and anti-discrimination laws when they share customer information with the IRS. EU countries may negotiate with the Treasury Department, but only if they receive larger cross-border effort against tax avoidance. Mr. Stannard says, ...

November 8, 2019

WASHINGTON—Covington has secured a decisive win for Ukraine in proceedings against the Russian Federation before the International Court of Justice (“ICJ”) concerning violations by Russia of the International Convention for the Suppression of the Financing of Terrorism (“ICSFT”) and the International Convention on the Elimination of All Forms of Racial ...

October 22, 2019, Legaltech News

Trisha Anderson spoke with Legaltech News about a bilateral data access agreement, a new mechanism of the CLOUD Act and its effect on law firms. A year after the CLOUD Act, the first data-sharing agreement is most relevant to U.K. law enforcement agencies having access to the vast data held by U.S.-based tech companies, says Ms. Anderson. She adds, “The most ...

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 ...

October 14, 2019, Covington Alert

The European Union directive known as DAC 6 requires EU “intermediaries” (including advisors, banks and businesses) to disclose to EU tax authorities details of any cross-border arrangements which feature a reportable “hallmark”.

October 10, 2019, Covington Alert

On October 2, 2019, the English Court of Appeal handed down a landmark judgment in Lloyd v Google LLC [2019] EWCA Civ 1599 (“Lloyd”) concerning Google’s alleged misuse of the personal data of over 4 million iPhone users via cookies placed on the Safari browser.

October 9, 2019, Law360

Kristof Van Quathem is quoted in Law360 regarding a European Court of Justice’s decision to increase web cookie consent measures. Mr. Van Quathem says, “It’s unfortunate that the court didn’t address that point because it’s commercially and politically a very sensitive topic, on which there is a lot of uncertainty right now, and it’s a question that could have ...

Autumn 2019, IJGlobal

October 1, 2019, Law360

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

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 30, 2019, Global Data Review

September 30, 2019, Covington Alert

Recent global trends have placed significant scrutiny on matters related to modern slavery and human rights issues in supply chains. New legislation has steadily been introduced across the globe (including in the U.S., the U.K., France and Australia). In this update, we provide an overview on a variety of international and national developments in the business ...

September 16, 2019, Covington Alert

Over the summer, Ursula von der Leyen, President-elect of the European Commission since July 16, prepared her 27-member Commission. On September 10, she presented her new team – five years to the day from when Jean Claude Juncker presented the current Commission. If approved by the European Parliament, her new team will take office on November 1, 2019. This ...

August 30, 2019, Law360

August 28, 2019, Bloomberg

Francis Maude participated in a discussion with Bloomberg on the prorogation of the U.K. Parliament and its effect on Brexit. Lord Maude says, “There is nothing radical about [proroguing].  It’s also the case that Parliament always rises for recess in the second part of September…I think, actually, the judgment, that this makes a deal potentially more likely, is ...

August 27, 2019

FRANKFURT—WirtschaftsWoche, Germany’s leading business weekly news magazine, has named Covington as the top law firm for IT law and Dr. Lars Lensdorf, a partner in Covington’s Frankfurt office, to its list of top IT lawyers in Germany. Dr. Lensdorf focuses his practice on IT law, outsourcing, digitalization and industry 4.0, IT related bank regulatory matters, ...

August 23, 2019, Covington Alert

The Serious Fraud Office (SFO) released its much-anticipated cooperation guidance on August 6, 2019. The five-page document sets out the steps an organization can take to assist the SFO in an investigation and thereby maximise the organization’s chances of avoiding prosecution. The publication represents a welcome change in direction on the part of the SFO, ...

August 22, 2019, Law360

Ian Hargreaves is quoted in Law360 regarding the U.K.’s minibond scandal and the regulatory response. Mr. Hargreaves says, “Customers are arguing that they believed the minibonds were FCA-authorized when they were not. Consequently, their impression was that the investments were safer than they actually were.” He adds, “Essentially, the FCA regulates by activity ...

August 15, 2019, Computer Law Review International

August 8, 2019, Commercial Dispute Resolution

Ian Hargreaves spoke with Commercial Dispute Resolution regarding a recent National Crime Agency’s Unexplained Wealth Order (UWO) investigation. Mr. Hargreaves says, “For many years the U.K. has been criticized for allowing too much ‘dirty’ money to pass through its financial systems, reside in expensive residential/commercial properties and be invested through ...

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 31, 2019, Law360

Ian Hargreaves spoke with Law360 about unexplained wealth order enforcement by the NCA, specifically its fourth such case. One reason the NCA may only have used four unexplained wealth orders so far is that they require some work to carry out, according to Mr. Hargreaves. He says, “However, as those utilizing them become more familiar with the process their use ...

July 30, 2019, Covington Alert

On July 29, 2019, the Court of Justice of the European Union (“CJEU”) issued its judgment in Case C-359/18 P, Shire Pharmaceuticals Ireland v. EMA, dismissing the European Medicines Agency’s (“EMA”) appeal and reconfirming the position set by the General Court. Covington represented Shire Pharmaceuticals Ireland (“Shire”), which was recently acquired by Takeda.

July 26, 2019, Covington Alert

From April 2020, new rules will require all large and medium-sized private sector organisations to determine the employment status of their contractors and, where applicable, withhold tax and social security and pay employer social security on payments made to relevant contractors.

July 17, 2019, Covington Alert

On July 9, 2019, the European Court of Justice (“ECJ”) heard oral argument in Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (“Schrems II”). The primary question before the ECJ is whether the European Commission’s standard contractual clauses (“SCCs”) are valid for transfers of personal data to the United States.1 Given ...

July 16, 2019, Law360

July 9, 2019

BRUSSELS—Today, a team of Covington lawyers argued before the European Court of Justice in a landmark data protection case, Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (“Schrems II”). The case has significant ramifications for any organization that relies on the standard contractual clauses (“SCCs”) to transfer personal ...

July 2, 2019, Thomson Reuters Regulatory Intelligence

June 14, 2019

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

June 4, 2019, Thomson Reuters

Mark Young participated in a Q&A with Thomson Reuters about the EU Cybersecurity Act and its new cybersecurity certification schemes for information and communication technology products, services, and processes, especially internet of things devices. The interview also discusses how the Act supports the EU Directive on the Security of Network and Information ...

June 2019, Pharmind

June 2019, GIR Insight - Europe, The Middle East and Africa Investigations Review 2019

Accreditation: An extract from the 2019 edition of Europe, The Middle East and Africa Investigations Review. The whole publication is available at https://globalinvestigationsreview.com/edition/1001341/europe-the-middle-east-and-africa-investigations-review-2019.

May 25, 2019

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

May 22, 2019, The New York Times

Peter Balas spoke with The New York Times about the effects of populism in Europe on free trade. Mr. Balas says, “The rightist parties will play a bigger role. The Greens will play a bigger role. It will be much more difficult in the Parliament to have a cohesive approach to trade.”  

May 21, 2019

WASHINGTON—Covington advised Merck & Co., Inc., in its definitive agreement under which Merck, through a subsidiary, will acquire privately held Peloton Therapeutics, Inc. in exchange for an upfront payment of $1.05 billion in cash. In addition, Peloton shareholders will be eligible to receive a further $1.15 billion contingent upon successful achievement of ...

May 20, 2019

NEW YORK—Covington advised LifeArc, a UK-based medical research charity, on its monetization of a portion of its royalties relating to Keytruda® for $1.297 billion (approximately £1 billion). This royalty monetization is the largest single-product royalty monetization ever done by a non-profit. The transaction closed on May 10, 2019, the culmination of efforts ...

May 13, 2019, Covington Alert

England’s Court of Appeal has decided that the Competition Appeals Tribunal (the "CAT") erred in rejecting certification of former financial ombudsman Walter Merricks’ class action against MasterCard, for £14 billion. As a result, the CAT will now reconsider whether to certify the class.

May 10, 2019, Legal Tribune Online

Legal Tribune Online covered Robert Henrici’s move to the firm in Frankfurt. Mythili Raman and Mr. Henrici discussed the firm’s growing White Collar Defense and Investigations Practice.

May 7, 2019, CNBC

Francis Maude appeared on CNBC to speak about Brexit’s effect on British markets and the upcoming election.  

May 2, 2019

FRANKFURT—Robert Henrici has joined Covington’s White Collar Defense and Investigations Practice as a partner in Frankfurt. Mr. Henrici’s practice focuses on white collar and regulatory investigations, including investigations related to alleged market manipulation, anti-corruption and sanctions violations, and tax evasion. He complements his white collar work ...

May 2019, InCiDA

May 2019

April 25, 2019, Bloomberg Law

Bloomberg Law highlighted Covington's Global Problem Solving team and the efforts of the lawyers who make the capability possible.   Sebastian Vos said the group doesn’t just work on problems for clients, but tries to use its resources to anticipate what problems could arise in the future and craft resolutions for them. “We help unlock a situation where a ...

April 17, 2019, BBC News

Louise Freeman was interview by BBC News regarding the Mastercard Competition Appeals Tribunal class action case. She spoke about the potential damages payouts to individuals affected by the case.  

April 16, 2019, Financial Times

Louise Freeman is quoted in the Financial Times regarding a class action suit against Mastercard. Ms. Freeman said the Court of Appeal has “sent a clear signal” that the tribunal has set the bar too high in assessing whether the mass claim should proceed.

April 16, 2019, Commercial Dispute Resolution

Louise Freeman spoke with Commercial Dispute Resolution about the Competition Appeal Tribunal class action case against Mastercard. Ms. Freeman says the Court of Appeal has sent “a clear signal that the CAT applied too high a bar in its assessment of the application for a CPO”, which will “impact the assessment of both this application when it returns to the CAT ...

April 16, 2019, Global Competition Review

Louise Freeman spoke with Global Competition Review regarding the class action UK Competition Appeal Tribunal case against Mastercard. Ms. Freeman said the appellate court has sent a clear signal that the CAT applied too high a bar in its assessment of the application for a collective proceedings order. She adds, this will not only affect the assessment of this ...

April 5, 2019

LONDON—Two Covington transactions were recognized with the IJGlobal 2018 Awards for African Refinancing Deal of the Year and for Middle East & North Africa Power Deal of the Year. The IJGlobal Awards celebrate the top transactions that closed over the past calendar year across the international infrastructure and energy sectors, while recognizing the ...

April 4, 2019, Covington Alert

In a much-anticipated decision, the English High Court has confirmed that Brexit (in whatever form it may take) will not frustrate a long-term lease for the European Medicines Agency’s headquarters in London.

April 2, 2019, Covington Alert

The German Federal Employment Court (Bundesarbeitsgericht) ruled on February 19, 2019 (Reference number 9 AZR 541/15) that annual vacation entitlement can only be forfeited at the end of a calendar year if the employer previously advised the employee of his/her accrued entitlement and of the deadline by which untaken vacation would be forfeited.

April 1, 2019, Life Sciences Law Review

April 1, 2019, Life Sciences Law Review

March 28, 2019

NEW YORK—Covington has partnered with the Columbia Law School’s Center for International Commercial and Investment Arbitration to hold the fourth annual Covington Academy on International Arbitration (CAIA). A team of Covington partners and associates from New York, Washington, and London will participate in this year’s program, which is open to Columbia’s J.D., ...

March 28, 2019

BRUSSELS—Sebastian Vos, partner and co-chair of Covington’s Public Policy Practice, has been named co-chair of the Global Blockchain Business Council’s Legal and Regulatory Working Group. The Global Blockchain Business Council (GBBC) is the leading trade association for the blockchain technology ecosystem and brings together innovative organizations and thought ...

March 28, 2019, Legal Week

Bart Van Vooren is quoted in Legal Week regarding the potential decrease in work for law firms in the UK following Brexit. He says, “A general impression is that small and medium-sized enterprises don’t have enough resources to prepare, while our clients – large worldwide pharmaceutical companies – have invested millions into this. Many have done their homework, ...

March 26, 2019, Risk

Anne Termine is quoted in Risk regarding U.S. margin rules in the event of Brexit. To ensure continued access to the full range of services, EU-based swaps counterparties may wish to move their contracts to affiliates outside of the UK, says Ms. Termine. Swaps dealers may need to move their swaps, for example, to the EU from a UK platform because there is no ...

March 25, 2019, The Law Society Gazette

Sebastian Vos, Francis Maude, and Erika Mann are quoted in The Law Society Gazette regarding Covington’s expansion of public policy work in Europe.   Mr. Vos says, “The firm’s USP is the sheer number of former senior diplomats in our midst, on both sides of the Atlantic, as well as in Asia and Africa.” He adds, what clients “value most is the combination of law ...

March 13, 2019, Project Finance International

March 13, 2019, Law360

Carlo Kostka spoke with Law360 about Brexit’s effect on corporate contingency plans. Companies across the services and manufacturing industries have already invested enormous sums to prepare for the unknown, said Mr. Kostka. He added, “They have investment plans and, with some exceptions and caveats, the trigger has been pulled on many of those.”

March 11, 2019, CNBC

Francis Maude spoke with CNBC about Article 50 and the possibility of a Brexit extension. On the possibility of an Article 50 extension, Lord Maude says, "I think it's inevitable that we'll ask for one."

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 8, 2019, Law360

Ian Hargreaves spoke with Law360 regarding the European Union’s latest round of anti-money laundering laws. Mr. Hargreaves says, “If the legal framework is observed and enforced, the PSC register will be incredibly powerful. Without verification and proper review, though, people will get around this.”   He adds, “One of the big criticisms with the way in which ...

March 7, 2019, Law360

Ian Hargreaves is quoted in Law360 regarding the U.K.’s tightened budget for investigation and prosecution of white collar crime. Mr. Hargreaves says, “The costs start to spiral out of control when you’re dealing with the sheer number of documents involved in highly complex cases. And so, if technology allows these documents to be collected, collated, reviewed ...

March 1, 2019

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

March 1, 2019, Covington Alert

Selections of Covington’s Intellectual Property Rights Practice Group for the “Top Ten” most significant and interesting developments in U.S. and European copyright law during 2018.

February 22, 2019, Law360

February 6, 2019

NEW YORK—Covington has advised Sensyne Health, the British clinical AI technology company, on its agreement with Jefferson Health to evaluate the clinical and commercial potential of its GDm-Health™ system in the United States. GDm-Health is a direct patient-to-clinician blood glucose monitoring management system specifically designed for the management of ...

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.

February 2019, Privacy Laws & Business International Report

January 29, 2019, Covington Alert

Welcome to our round up of what we consider to be the top 10 judgments of the English Court in banking and financial markets litigation in 2018.

January 28, 2019, Covington Alert

The past few weeks have been chaotic for both Brexit negotiations and UK politics overall. On January 15, 2019, British Prime Minister Theresa May’s Brexit plan succumbed to historic defeat in Parliament.

January 22, 2019, Covington Alert

On January 21, 2019, the French Supervisory Authority for data protection (“CNIL”) issued a fine of €50 million against Google for violations of the General Data Protection Regulation (“GDPR”) (the decision was published in French here).

January 17, 2019, Juve

Juve covered the arrival of Horst Henschen as a member of the firm’s Antitrust practice in Frankfurt. Juve called Covington “a respected player in merger and antitrust investigations in both the US and Brussels” and highlighted Mr. Henschen as “well connected in the antitrust scene in Frankfurt.”

January 17, 2019, Bloomberg

Francis Maude appeared on Bloomberg Daybreak Europe to discuss the future of Brexit after the no-confidence vote. Mr. Maude believes Theresa May will have to accept her country will remain in the European Customs Union among other concessions. He also told Daybreak Europe that Britain’s negotiations with the EU were constrained by the red-lines Theresa May will ...

January 16, 2019, Covington Alert

On December 19, 2018, the German Government decided to further tighten the rules for the control of foreign investments in German companies under the German Foreign Trade Regulation (Außenwirtschaftverordnung, “AWV” - the “Amendment”). Already in July 2017, the German Government adopted stricter rules for the control of foreign investments.

January 14, 2019

The Concurrences Antitrust Writing Awards 2019 Editorial Committee has nominated three articles authored by Covington lawyers to its shortlist. We encourage you to share your opinion on our nominated articles: Compliance Plus? Proposed Fine Reductions for Audited, Strengthened Compliance Programmes by Kevin Coates and Andrea Zulli. Data, Innovation, and ...

January 10, 2019, Covington Alert

On January 7, 2019, EU Regulation 2019/5 was published in the Official Journal of the European Union. The Regulation is part of a package that makes numerous significant amendments to the EU’s regime for veterinary medicines and medicated feed, and it also made some key changes to the EU financial penalties regime.

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.

2019, International Comparative Legal Guide to: Enforcement of Foreign Judgments 2019

2019, International Comparative Legal Guide

January 2019, GCR Insight - E-Commerce Competition Enforcement Guide

2019, Global Legal Insights to: Pricing & Reimbursement 2019

December 21, 2018

LONDON—Covington’s Project Development and Finance practice has been recognized at the PFI Awards 2018 for the team’s work on the Al Ezzel and Sakaka transactions, which won “Middle East and Africa Refinancing Deal of the Year” and “Middle East and Africa Power Deal of the Year” respectively. The $243 million new financing facility for Al Ezzel Power Company, a ...

December 14, 2018

LONDON— Global Arbitration Review and Who’s Who Legal: Arbitration have recognized Covington’s International Arbitration Practice Group in its 2019 report. The publication named Covington partners Nicole Duclos and Jeremy Wilson as “Future Leaders,” a ranking of “the most eminent lawyers in the field under 45,” and recognized Miguel López Forastier and Stephen ...

December 13, 2018, Covington Alert

The first EU-level rules on the screening of foreign direct investment (FDI) are about to be agreed. These do not provide for the direct screening of FDI by the institutions of the Union, but rather create a framework for national initiatives and the exchange of information, and impose certain obligations on Member States to ensure a certain harmonization of any ...

December 3, 2018

BRUSSELS—Alexis Lautenberg has joined Covington’s Public Policy practice as a Senior Advisor. Ambassador Lautenberg is a long-serving Swiss diplomat whose career has been focused on European financial services and trade policy. His forty years of public service included postings as Swiss Ambassador to the EU, Italy and the UK. In 2013, he co-founded the Swiss ...

November 15, 2018

The proposed withdrawal agreement between the European Union and the United Kingdom was published by the European Commission on November 14 (see here). The text runs to 585 pages, and represents a tentative agreement reached between the UK and EU negotiating teams. It is accompanied by an eight-page outline of the proposed political declaration on the future ...

November 6, 2018, Wired UK

James Goold is featured in Wired UK regarding his involvement identifying and protecting underwater archaeological sites. The article highlights a case from 2007 where he successfully represented Spain in securing the return of 15 tons of gold coins -- estimated at $600 million -- found inside a sunken Spanish gunboat from rogue treasure hunters.

October 29, 2018, Legal Business

Craig Pollack participated in an interview with Legal Business regarding the future of big law. When asked about the structures within a law firm, he said, “I agree with what people have said subject to this caveat: our ability to predict is not great. However, I think there will be a law firm that has $7 billion in revenue. I doubt it will be an elite firm. We ...

October 23, 2018, The Law Society Gazette

Daniel Cooper spoke with The Law Society Gazette regarding a UK Court of Appeal decision that could make employers vicariously liable for employees’ actions even if they had taken preventative steps and bore no criminal responsibility.   Mr. Cooper said the employer should bear the enterprise risk and assume liability for the actions of its employees, as long as ...

October 17, 2018, Global Competition Review

Global Competition Review featured the results of a joint survey conducted by Covington and the Brussels School of Competition on immunity and leniency applications. The survey revealed the majority of competition experts questioned did not see a decline in leniency applications in the past five years, and more than 60 percent expect the overall success of the ...

October 15, 2018, Covington Alert

On August 23, 2018, the UK Government published several technical guidance notices relating to the regulation of medicines and medical devices in the event of a “no deal” or “hard” Brexit, i.e., a scenario where the EU and UK fail to conclude a withdrawal agreement and an associated transitional period and where the UK becomes a “third country” from midnight CET ...

October 15, 2018, The Law Society Gazette

October 10, 2018, Law360

October 2018, Privacy Laws & Business International Report

September 28, 2018

FRANKFURT—Covington advised Investcorp Technology Partners on its acquisition of Berlin-based Softgarden, a human resources software provider. Investcorp is a leading global provider and manager of alternative investments and has $22.6 billion in total assets under management, including assets managed by third party managers and assets subject to a ...

September 28, 2018

FRANKFURT—WirtschaftsWoche, Germany’s leading business weekly, has named Thomas Heymann, a partner in Covington’s Frankfurt office, to its list of Top IT Lawyers in Germany. Mr. Heymann is regarded as one of Germany’s leading technology transactions and private equity lawyers, with decades of experience in IT and outsourcing law. He is the past president of the ...

September 19, 2018, Global Arbitration Review

Monique O’Donoghue’s return to Covington is featured in a Global Arbitration Review article. Ms. O’Donoghue represents clients in commercial arbitration matter and has a particular focus on the oil, gas and construction sectors. Jeremy Wilson, co-chair of the firm’s international arbitration practice says, “We are delighted to welcome Monique back to the firm. ...

September 13, 2018, Legal Business

Louise Freeman spoke with Legal Business regarding the latest trends in disputes. She highlights the growing potential for litigation from the rise in cyberattacks impacting major companies. Ms. Freeman observed ‘The UK courts are increasingly adapting to deal with this kind of litigation,’ and points to the Clarkson v Person or Persons Unknown High Court case ...

September 10, 2018, Commercial Dispute Resolution

Eric Holder and Craig Pollack are featured in Commercial Dispute Resolution regarding the firm’s ambitions to be at the forefront of international dispute resolution. Mr. Holder and Mr. Pollack discussed managing complex disputes, diplomatic solutions, culture of collaboration, Brexit, and structure and strategy of a case.   Mr. Holder said in the interview, “We ...

September 5, 2018, Irish Examiner

Maree Gallagher is quoted in the Irish Examiner regarding Brexit’s impact on Ireland’s agri-food sector. Ms. Gallagher, also Chair of the British Irish Chamber of Commerce Agri-Food Committee, says, “The agri-food sector is Ireland’s largest indigenous industry employing around 250,000 people enabling €12.6bn in exports a year.” Ireland, who is a major source of ...

2018, Global Legal Insights to: Global Legal Insights - Pricing & Reimbursement 2018, 1st Ed.

September 2018, The Renewable Energy Law Review, Reproduced with permission from Law Business Research Ltd

August 23, 2018

LONDON—Covington has advised Ziylo on its acquisition by Novo Nordisk with a potential deal value that could exceed $800 million. Ziylo, a University of Bristol spin-out company based at the Unit DX science incubator, is a supramolecular chemistry company that has developed a third 'biomimetic' class of glucose binding molecules. The acquisition gives Novo ...

August 20, 2018, Law360

Nitin Subhedar is quoted in a Law360 article regarding patent litigation in the Netherlands. Mr. Subhedar says, “If you can get a finding of infringement and an injunction in the Netherlands, you can effectively use that as a chokepoint to stop a lot of the inflow of the infringing products into the rest of the EU. That's why the Netherlands is a particularly ...

August 17, 2018

LONDON—Covington has advised Sensyne Health on medical device regulatory and data protection matters in connection with its £60 million IPO on London’s AIM market. The firm also represented Sensyne Health in negotiating strategic research and data processing agreements with the Chelsea and Westminster Hospital NHS Foundation Trust, the Oxford University ...

August 17, 2018

WASHINGTON— Law360 named Covington lawyers Alexander Berengaut, Michael Nonaka, and Ursula Owczarkowski to its list of “2018 Rising Stars.” This annual recognition honors top attorneys under 40 “whose legal accomplishments transcend their age.” Alex Berengaut represents clients in civil litigation, international arbitrations, and government enforcement ...

August 9, 2018

WASHINGTON—Covington advised Emergent BioSolutions in its $270 million acquisition of PaxVax. PaxVax is majority owned by an affiliate of Cerberus Capital Management. Emergent is a global life sciences company focusing on providing specialty products for civilian and military populations that address public health threats. PaxVax is a company focused on ...

August 8, 2018, Covington Alert

The UK Payment Systems Regulator (PSR) announced on 24 July 2018 its intention to carry out a market review into the supply of card-acquiring services.

August 6, 2018, Covington Alert

We reported following the 2017 UN Forum on Business and Human Rights on the progress of an international treaty on the subject. On 19th July 2018, the Open-ended Intergovernmental Working Group (OEIGWG) presented the draft text of a treaty to the High Commissioner for Human Rights (through the Permanent Mission of Ecuador, acting as Chair in the process).

August 2, 2018, e-Competitions Bulletin Leniency, Art. N° 72355

August 2018, Radar

July 30, 2018

SILICON VALLEY—Covington advised GlaxoSmithKline on its multi-year collaboration with and $300 million equity investment in 23andMe. GSK will become 23andMe’s exclusive collaborator for drug target discovery programs. The collaboration will focus on research and development of innovative new medicines and potential cures using human genetics as the basis for ...

July 27, 2018, Law360

Michael Plimack is quoted in Law360 regarding the importance of Germany as a global patent litigation venue. Mr. Plimack says, “Any company that is really thinking about one of these large-scale patent wars will have to look very carefully at Germany.” Because Germany does not allow for the same scope of pretrial discovery as the United States, Mr. Plimack adds, ...

July 25, 2018, Financial Times

Jean De Ruyt is quoted in the Financial Times regarding EU plans to protect its businesses investing in Iran and mitigate a new wave of U.S. sanctions. Mr. De Ruyt notes, “It’s a European policy that’s totally in contradiction to the American policy: that doesn’t happen very often.”

July 24, 2018, The Telegraph

Bart Van Vooren is quoted in The Telegraph regarding an extension of the Brexit deadline. According to Mr. Van Vooren, “For that to happen, Article 50 requires that the European Council decides unanimously on the extension in agreement with the UK.” Mr. Van Vooren added, “An extension is not likely if it will merely extend the painful process of the last 15 ...

July 17, 2018

LONDON—Global Investigations Review has named Covington’s Sarah Crowder to the second edition of “Women in Investigations,” highlighting 100 female practitioners from across the globe. Nancy Kestenbaum and Mythili Raman were selected to the list’s first edition in 2015. The survey highlights a variety of women not previously recognized by the magazine—from ...

July 11, 2018, Law360

July 6, 2018

FRANKFURT—Covington advised Senvion Group on the global outsourcing of its IT infrastructure, network, and application services. The outsourcing includes the transformation of the global legacy data center environment into a new hybrid cloud environment. Founded in Germany, Senvion is a global manufacturer of onshore and offshore wind turbines and has installed ...

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 21, 2018, Global Investigations Review

Sarah Crowder was named to Global Investigations Review's "Women in Investigations 2018" list. Her profile can be found here.

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 ...

June 15, 2018, Covington Alert

As described in our May 9, 2018, alert, the United States determined on May 8, 2018, 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.

June 15, 2018, BBC Two

Lord Francis Maude appeared on BBC Two's "Daily Politics" show to discuss the latest developments in Brexit negotiations in Westminster and beyond."

June 14, 2018, Financial Times

Kristof Van Quathem participated in a Financial Times podcast to discuss the impact of the General Data Protection Regulation on medical research and health technology companies. According to Van Quathem, "One of the main concerns I think that we see in the research circle is the uncertainty that is being created by the GDPR, and in particular, when it comes to ...

June 5, 2018, The Irish Times

Sir Michael Leigh and Lord Francis Maude recently participated in a roundtable with The Irish Times to discuss Brexit developments. Commenting on the status of finding a solution to the Irish Border issue, Leigh and Maude said that they do not envisage a solution to maintain an invisible border being agreed until there is a deal on the future EU-UK trading ...

June 5, 2018, The Wall Street Journal

Ian Hargreaves is quoted by The Wall Street Journal in an article regarding the appointment of Lisa Osofsky to Director of the UK Serious Fraud Office. Osofsky previously worked as assistant U.S. attorney at the U.S. Justice Department and as deputy general counsel and ethics officer at the Federal Bureau of Investigation. According to Hargreaves, "[The U.S. ...

June 5, 2018

WASHINGTON—Covington’s Insurance Recovery practice has received the 2018 Chambers USA "Award for Excellence" in Insurance, marking the seventh time the firm has received this honor in the 12 years it has been awarded. The "Award for Excellence" is given to one U.S. firm representing policyholders in the insurance coverage field. In addition to the award, ...

June 4, 2018

JOHANNESBURG—Covington has partnered with Power Africa, Kaplan & Stratton, and Fieldstone Africa, with support from the African Legal Support Facility of the African Development Bank, to launch the inaugural Project Finance Master Class that will be held in Nairobi, Kenya from June 4 - 6, 2018. The Master Class is designed to strengthen the environment for ...

June 1, 2018, Covington Alert

On May 31, 2018, the Trump Administration announced that it would implement tariffs on steel and aluminum imports from Canada, Mexico, and the European Union (EU). The tariff rates will be 25 percent on steel and 10 percent on aluminum, and are effective June 1.

June 1, 2018, BBC Radio

Lord Francis Maude appeared on BBC Radio's "Today" programme to discuss new U.S. tariffs on steel and aluminum imports from the EU.

May 31, 2018, Bloomberg Surveillance

Lord Francis Maude appeared on "Bloomberg Surveillance" to discuss the latest developments related to Brexit.

May 24, 2018, The Wall Street Journal

Henriette Tielemans is quoted by The Wall Street Journal in an article regarding the upcoming deadline for companies to comply with the General Data Protection Regulation. “Companies are struggling with the concrete deliverables—the record of processing activities, the transfer agreements, the notices, the website—because of the sheer volume,” says Tielemans. ...

May 24, 2018, Chemical and Engineering News

Cándido García Molyneux is quoted in a Chemical and Engineering News article regarding the May 31 REACH regulation deadline. Many other companies won’t be done dealing with REACH on June 1 either, says García Molyneux. He anticipates ongoing disputes between REACH registrants over sharing the cost of developing chemical safety data.

May 22, 2018, The American Lawyer

Michael Labson is quoted by The American Lawyer in an article regarding Covington's presence in Ireland. "We were focused on whether it’s a strategic fit with the firm’s overall strengths,” says Labson. “With Brexit, we saw the Irish office would be of growing importance. A lot of large pharmaceutical companies have significant operations in Ireland and large ...

May 17, 2018, Global Investigations Review

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.

May 10, 2018, Covington Alert

The Court of Appeal in London has handed down a judgment of significance to both the insurance and international arbitration communities in Halliburton v Chubb. The judgment raises serious questions about the apparent reluctance of English courts to police arbitrators for “apparent bias” and to set aside arbitrator appointments and awards in London-seated ...

May 9, 2018, Covington Alert

On May 8, 2018, President Trump announced his decision to end U.S. 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, and certain other governments. This action will have far-reaching effects for both U.S. and ...

May 9, 2018, Covington Alert

On May 8, 2018, President Trump announced his decision to end U.S. 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, and certain other governments. This action will have far-reaching effects for both U.S. and ...

May 9, 2018

FRANKFURT—Covington advised Adiuva Fund II GmbH & Co. KG, a private equity fund advised by Adiuva Capital GmbH, on the acquisition of nt-trading from private equity investor INVICTO Invest GmbH and various co-investors. Adiuva Capital is a Hamburg-based independent investment firm focused on investing in mid-sized enterprises. nt-trading is headquartered in ...

May 2, 2018, CNBC

Lord Francis Maude appeared on CNBC to discuss the UK's future trading relationship with the EU. According to Maude, “It remains the case that it is hugely in the interest of the UK and of the EU 27 for there to be a sensible, pragmatic deal that, with good will on both sides, means that Britain remains in a deep and special partnership with the EU.”

May 1, 2018

WASHINGTON—Covington advised Elbit Systems Ltd. in its $120 million acquisition of the assets and operations of the privately owned U.S. company, Universal Avionics Systems. Elbit Systems is an international high technology company engaged in a wide range of defense, homeland security, and commercial programs throughout the world. Universal Avionics is a ...

April 23, 2018, The Pink Sheet

Grant Castle is quoted by The Pink Sheet in an article regarding comments from head of the UK BioIndustry Association stating that authorities are jumping the gun by reallocating all UK centralized rapporteurships to other EU member states before it is clear whether there will be some form of continued regulatory relationship between the UK agency, the MHRA, and ...

April 20, 2018, Covington Alert

On March 27 2018, the UK Equalities and Human Rights Commission (EHRC) published a report, Turning the tables: ending sexual harassment at work, in which it makes a number of recommendations for legal changes to better protect the victims of sexual harassment at work.

April 20, 2018

Camilla Gare and a team of Covington lawyers advised BenevolentAI on an £80 million equity investment by new and existing investors, including Woodford Investment Management, at a pre-money valuation of £1.4 billion. The firm also recently advised BenevolentAI on its acquisition of Proximagen Limited, a Cambridge, UK-based drug discovery and development company, ...

April 20, 2018

LONDON—Covington advised BenevolentAI on an £80 million equity investment by new and existing investors, including Woodford Investment Management, at a pre-money valuation of £1.4 billion. The firm also recently advised BenevolentAI on its acquisition of Proximagen Limited, a Cambridge, UK-based drug discovery and development company, for an undisclosed ...

April 18, 2018, Thomson Reuters Regulatory Intelligence

April 2018, Digital Health Legal

Brian Kelly and Raj Gathani are quoted in a Digital Health Legal article regarding a report published by the UK’s Care Quality Commission on "The state of care in independent online primary health services." According to Kelly and Gathani, “The report illustrates some of the teething problems in the inspection system, particularly when applied to online ...

April 3, 2018, Law360

Timothy Hester and Thomas Heymann are quoted in a Law360 article regarding the opening of Covington's new Frankfurt office. According to Hester, “Covington will offer German companies a unique capability to help them navigate through their most complex and consequential business issues in their most important international markets." He adds, “Our new German team ...

April 3, 2018, IAPP

Henriette Tielemans participated in a session at the Global Privacy Summit and is quoted in an IAPP article regarding what happens once GDPR goes into effect. "For a lead regulator for the one-stop shop, you need a mean establishment. You lose a lot of the benefits of the GDPR if you're unable to come up with what your main establishment is," Tielemans said.

March 29, 2018, Law360

Henriette Tielemans spoke at an IAPP event and is quoted in a Law360 article regarding the Irish privacy authority's focus once GDPR takes effect. According to Tielemans, while “the GDPR has 150 articles, and businesses are worried about all 150 of them,” companies are most concerned about the regulators’ ability to issue massive fines of up to 4 percent of ...

March 28, 2018

LONDON—Covington will open an office in Frankfurt, Germany on April 3 led by eight partners. Frankfurt will be the firm’s third European office and will work closely with the firm’s five offices in the United States, its three offices in Asia, and its offices in the Middle East and Africa. “Covington will offer German companies a unique capability to help them ...

March 28, 2018, The Lawyer

Thomas Heymann and Louise Nash are quoted by The Lawyer in an article highlighting the opening of Covington's Frankfurt office. According to Heymann, “We proudly look back on 12 years as an independent German law firm and we thank our clients for the trust they have placed in us and for the many years of great cooperation. We are convinced that adding ...

March 28, 2018, The National Law Journal

Thomas Heymann and Louise Nash are quoted by The National Law Journal in an article regarding the opening of Covington's new Frankfurt office. “Covington will be a fantastic platform to further develop our technology and transaction practices,” says Heymann. “This will be a great fit.” According to Nash, “There is a strong, untapped opportunity for Covington ...

March 28, 2018, Legal Business

Timothy Hester and Thomas Heymann are quoted in a Legal Business article regarding the opening of Covington's new Frankfurt office. According to Hester, "Our new German team is of outstanding quality and will provide important synergies with the firm, including our London and Brussels offices and will allow us to serve the needs of our clients who have legal ...

March 27, 2018, Covington Alert

On March 23, 2018, Congress passed, and President Trump signed into law, the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which creates a new framework for government access to data held by technology companies worldwide.

March 27, 2018, IAPP

Henriette Tielemans was the recipient of the 2018 IAPP Privacy Vanguard Award, a recognition reserved for individuals who display “exceptional leadership, knowledge, and creativity in the field of privacy and data protection.”

March 27, 2018

BRUSSELS—Henriette Tielemans, co-chair of Covington’s global Data Privacy and Cybersecurity practice, has today received the IAPP Privacy Vanguard Award, the industry's top honor, for her lifelong services to the data privacy community. The International Association of Privacy Professionals (IAPP) is the world’s largest and most comprehensive global information ...

March 26, 2018, CIOReview

March 23, 2018, MLex

Lindsey Tonsager recently spoke at the BCLT Privacy Law Forum in Silicon Valley is quoted in an mLex article discussing whether GDPR will automatically become a global privacy standard. Tonsager said that working with companies that depend on AI technology to become compliant with the GDPR “is incredibly, incredibly challenging." Commenting on modifications to ...

March 23, 2018, Covington Alert

On March 15, 2018, the Government introduced legislation to Parliament that would strengthen the state’s ability to scrutinise the national security implications of foreign investment in cutting-edge technology sectors.

March 23, 2018, Law360

Bart Van Vooren is quoted in a Law360 article regarding the draft treaty signed by European Union leaders to move forward Brexit negotiations, including a 21-month transition deal. As a matter of international law, EU law will apply “in and to” the UK up to and during the transition period, says Van Vooren. But, he adds, “this is not the same as ‘equating’ the ...

March 22, 2018, Covington Alert

European General Court confirms that a new medicinal product containing the same active substance as a company’s existing medicinal product may be entitled to its own period of orphan exclusivity.

March 20, 2018, African Law & Business

Graham Vinter is quoted in an African Law & Business article regarding the recent arrival of Robin Mizrahi and Laure Berthelot to Covington. According to Vinter, the pair’s “particular skills and practice focus, combined with our existing capabilities, will allow us to serve clients in energy and infrastructure projects throughout Africa, including ...

March 15, 2018

LONDON—Robin Mizrahi has joined Covington as a partner and Laure Berthelot as special counsel in the firm’s Project Development and Finance practice. Based in London, Mr. Mizrahi and Ms. Berthelot will work closely with the firm’s project finance lawyers in Dubai, Johannesburg, London, New York, Seoul, and Washington. Their arrival follows the firm’s opening in ...

March 15, 2018, The Pink Sheet

Bart Van Vooren and Peter Bogaert are quoted by The Pink Sheet in an article regarding the future relationship between the UK and the European Medicines Agency following Brexit. According to Van Vooren, the EU "considers that cherry-picking the benefits of the internal market on a sector-by-sector basis, combined with a request to be able to influence the rules, ...

March 14, 2018, Covington Alert

In our March 9 client alert we outlined the proclamations issued by President Trump announcing tariffs on imports of steel and aluminum in the United States, which will go into effect on March 23. The European Union—which is the second-largest foreign supplier of steel and aluminum to the United States, after Canada—has expressed concern about the imposition of ...

March 14, 2018, IJGlobal

Graham Vinter is quoted in an IJGlobal article regarding the recent arrival of Robin Mizrahi and Laure Berthelot to Covington. Vinter comments, “Robin and Laure’s particular skills and practice focus – combined with our existing capabilities – will allow us to service clients in energy and infrastructure projects in all over Africa and the Middle East, including ...

March 12, 2018, The Times

Andrea Zulli is quoted by The Times in an article regarding action taken by UPS to sue the EU's antitrust watchdog for blocking its merger with TNT Express. According to Zulli, the European Commission is “highly competent” in its merger reviews. “However, it would be a welcome move if the ECJ confirmed the General Court’s judgment in the UPS case. It is key for ...

March 8, 2018, Covington Alert

Corporate Human Rights Benchmark Ltd (CHRB) has published its 2018 research methodology and is currently encouraging relevant companies to disclose information relevant to this year’s research and ranking exercise.

March 8, 2018, Biotech and Money

James Gubbins, Lucinda Osborne, and Brian Kelly are quoted in a Biotech and Money article providing an overview of Covington's Life Sciences practice and discussing the legal implications of issues facing the sector. “Having an international practice, having a team in London, on [the U.S.] East Coast and West Coast, and in Asia, who encompass that regulatory ...

March 7, 2018, Global Risk Regulator

Lord Francis Maude is quoted in a Global Risk Regulator article regarding the proposed transition period after the UK leaves the EU. "I’m not worried about the transition period if it is for a couple of years,” says Maude. “Typically, when new regulation is introduced, there is at least a two-year implementation period. It is possible some new regulation is ...

March 6, 2018, Covington Alert

The Commercial Court in London has recently held that breach of a specific policy provision described as a warranty in a buildings insurance policy allowed an insurer to avoid coverage for a fire claim, but was not grounds for making the policy completely void from inception, as the insurer had argued. The case is BlueBon Ltd v Ageas (UK) Ltd [2017] EWHC 3301 ...

March 2, 2018, Chartered Management Institute

Daniel Cooper is quoted in a Chartered Management Institute article regarding wearable technology. Providing the legal perspective, Cooper says, "Any employer processing personal information is subject to a range of obligations–this includes making sure they’re very transparent about what they collect, ensuring they have a legal basis for processing that data. ...

March 1, 2018, Covington Alert

Selections of Covington’s Intellectual Property Rights Practice Group for the “Top Ten” most significant and interesting developments in U.S. and European copyright law during 2017.

February 14, 2018, Law360

February 2018, CPI Antitrust Chronicle

February 2018, Digital Health Legal

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.

February 2018, Competition Law & Policy Debate

January 31, 2018, Covington Alert

In the EU, a sponsor can obtain an “orphan designation” for a medicinal product pursuant to Regulation 141/2000. Adopted in December 1999, the regime aims to encourage investment in R&D for treatments for rare diseases. The most important incentive is the 10-year market exclusivity for designated products. Other incentives include protocol assistance and fee ...

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.

January 25, 2018, Covington Alert

The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (the “Regulations”) came into force in the UK on April 6, 2017 and require private sector employers with 250 or more employees to calculate and disclose mandatory gender pay gap information.

January 25, 2018, Behavox

Louise Freeman is quoted in a Behavox article regarding the UK Financial Conduct Authority's (FCA) statement of objections to four asset management firms, signifying the first time the FCA has used its competition enforcement powers. According to Freeman, firms should expect further scrutiny, and to prepare accordingly. “They started with a very wide asset ...

January 23, 2018, Law360

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

January 23, 2018, Global Arbitration Review

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

January 2018, Digital Health Legal

Raj Gathani is quoted in a Digital Health Legal article regarding the UK Department of Health's decision to expand the Care Quality Commission's (CQC) quality rating powers. “In a sense, the announcement simply corrects an imbalance between NHS and private providers,” says Gathani. “The announcement comes after a year in which online doctor services have come ...

January 22, 2018

WASHINGTON—Covington advised Bacardi Limited in its definitive agreement to acquire Patrón Spirits International AG and its PATRÓN® brand, the world’s top-selling ultra-premium tequila, from John Paul DeJoria, a founder of Patrón. The transaction reflects an enterprise value for Patrón of $5.1 billion. The transaction follows the successful relationship the ...

January 19, 2018, Covington Alert

In December 2017, the UK Government updated its proposals on the rights of European Union (“EU”) nationals and their families following the UK's exit from the EU (via a technical note setting out its proposed commitments).

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 18, 2018, Covington Alert

We summarise what we see as the ten most significant English Court judgments for financial institutions. The overriding theme to arise from these cases is that, when financial institutions look after their own interests and protect themselves, those protections will be upheld by the English Court and their contractual arrangements will be respected. Financial ...

January 16, 2018

WASHINGTON—Global Competition Review has once again named Covington to its 2018 "Global Elite," a list of the top 25 antitrust practices worldwide, as well as including the firm in the list of top ten practices globally for both Mergers and Antitrust Litigation. Each year, GCR undertakes extensive analysis of antitrust and competition law groups in 50 ...

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 ...

January 4, 2018, The Economist

David Miles is quoted by The Economist in an article regarding what the latest developments in the Dana Gas case mean for Islamic finance. Miles welcomes provisions that waive borrowers’ rights to challenge an arrangement’s sharia compliance but says they do not solve the enforcement problem.

January 2018

2018, The International Comparative Legal Guide to: Litigation & Dispute Resolution 2018, Contributor

2018, International Comparative Legal Guide to: Enforcement of Foreign Judgments 2018, Contributing Editor

2018, International Comparative Legal Guide to: Enforcement of Foreign Judgments 2018, Contributing Editor

2018, International Comparative Legal Guide to: Litigation & Dispute Resolution 2018, Contributor

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 ...

January 1, 2018, Law360

Kurt Wimmer and John Buchanan are quoted in a Law360 article providing cybersecurity and privacy predictions for 2018. Wimmer says, once Europe's General Data Protection Regulation (GDPR) is in force, non-EU countries around the world will begin looking at privacy regimes based on the 1995 Directive [which the GDPR will replace] and think about whether they ...

December 28, 2017, CNBC

Lord Francis Maude appeared on CNBC to discuss the backlash faced by Theresa May as UK Prime Minister and what lies ahead. According to Maude, "It is very easy in the moment to see things as more stark than they are. And if Theresa May gets through this period, which I would expect her to, then I think we will look back and see this as a bit of turbulence. But ...

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 ...

December 21, 2017

LONDON—Covington represented Autifony Therapeutics Limited in connection with an option and asset purchase agreement with Boehringer Ingelheim (BI), with respect to Autifony's Kv3.1/3.2 positive modulator platform. This agreement provides BI with an exclusive option to acquire Autifony’s Kv3.1/3.2 positive modulator platform, including Autifony's lead compound ...

December 18, 2017, Covington Alert

In 2012 the G20 initiated the Base Erosion and Profit-Shifting (BEPS) project, headed by the Organisation for Economic Co-operation and Development (OECD). This aimed to tackle and reduce tax planning strategies which artificially shifted corporate profits to low- or no-tax jurisdictions.

December 15, 2017, Sky News

Lord Francis Maude appeared on Sky News to discuss phase two of the Brexit negotiation process. "Well it's good news it's progressing," says Maude. He added, however, that it is not going to be easy as there is a lot to discuss, and it will take time. Maude also said that he believes the process can be more cordial now. "I think…in the early days, there was a ...

December 15, 2017, NPR

Jean De Ruyt appeared on NPR following the decision by European leaders to allow Britain to begin negotiating its future trading relationship with the European Union. According to De Ruyt, if European negotiators push too hard, they risk toppling Prime Minister May, who's weak at home. "Honestly, they want to reinforce her. She leads encouragement. Who else ...

December 14, 2017, Bloomberg

Lord Francis Maude appeared on "Bloomberg Surveillance" to discuss the Brexit process and Theresa May's role.

December 11, 2017, Better Wholesaling

Brian Kelly spoke at November's Food Matters Live event in London and is quoted in a Better Wholesaling article examining challenges facing the food industry in the wake of Brexit. Commenting on the threat of new tariffs, Kelly said, "It is very complicated and businesses will need to upskill on this.”

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 ...

December 8, 2017, Covington Alert

Last week, the United Nations hosted the sixth annual Forum on Business and Human Rights in Geneva. The three-day event provided attendees with informative panels and important updates on the state of the field. Lawyers from Covington’s business and human rights initiative were in attendance and suggest five important takeaways for business.

December 7, 2017, Covington Alert

On 6 December 2017, the Court of Justice of European Union (CJEU) issued its long-awaited Judgment in Coty Germany GmbH v Parfümerie Akzente GmbH. Taking an approach similar to that adopted by Advocate General (AG) Wahl in his Opinion in July, the CJEU found that a supplier of luxury goods may prevent its authorised retailers from using third-party platforms in ...

December 6, 2017, Law360

December 3, 2017, Financial Times

Sir Michael Leigh is quoted in a Financial Times article examining which side holds more leverage in the Brexit negotiation talks. "It is asymmetrical. The candidate country has no choice but to accept the basis for negotiations,” says Leigh. “That goes for leaving too.”

December 1, 2017, Covington Alert

December 1, 2017, Covington Alert

November 30, 2017, African Law & Business

Ian Hargreaves participated in a panel discussing the management of compliance against anti-corruption and bribery laws at the African Law & Business Summit and is quoted in an article providing highlights from the event. Commenting on the impact of the "Paradise Papers," Hargreaves reminded the audience that many of the revelations were but allegations, and ...

November 28, 2017, African Law & Business

Ursula Owczarkowski participated in a panel at the African Law & Business Summit and is quoted in an article providing a highlights from the event. Drawing on her 12 years of experience in the energy and gas sectors in sub-Saharan Africa, Owczarkowski noted that there was “huge scope for development," and huge demand for power – but the pace of change was slow, ...

November 27, 2017, Risk Magazine

Randy Benjenk is quoted by Risk Magazine in an article regarding the Basel Committee's concession that would allow national authorities to soften the treatment of derivatives liabilities in the net stable funding ratio (NSFR). “Gross derivatives liabilities is not a very good proxy for a bank’s potential future funding needs for its derivatives portfolio,” says ...

November 22, 2017, PaRR

Johan Ysewyn is quoted in a PaRR article examining whether the recent judgment in the Intel case will impact future cartel cases. While Ysewyn does not expect the Intel decision to be a “game-changer” in how cartel proceedings are conducted going forward, “it’s not bad for the Commission to be reminded what the rules are.”

November 20, 2017, The Law Society Gazette

Helena Milner-Smith and Morag Peberdy participated in a roundtable hosted by The Law Society Gazette to discuss the importance of pro bono work. According to Milner-Smith, clients previously receiving poor paid-for advice is a major problem in immigration cases. Commenting on a briefing she received before working on her first immigration case, Milner-Smith ...

November 10, 2017

BRUSSELS—Politico has named Covington partner Miranda Cole to its “2017 Women Who Shape Brussels” list, a group of “20 powerhouses driving debates and influencing policy in 2017.” In its profile of Ms. Cole, the publication highlights her defense of leading technology clients, including Microsoft, Facebook, and Verizon, before the European Commission. Politico ...

November 9, 2017, Law360

October 25, 2017, EP Vantage

Grant Castle is quoted in an EP Vantage article examining how the move of the European Medicines Agency from London will impact European drug approvals. According to Castle, the main consequence of lower staff numbers could be longer waiting times to file drugs. “Because of the regulatory timetable there isn’t a huge amount of scope for delaying reviews, but ...

October 23, 2017

BRUSSELS—Covington was named “Best Competition and Antitrust Law Firm” at the Belgian Legal Awards 2017. Covington has advised on a number of high-profile matters subject to competition issues or inquiries. These include significant matters for Belgian and international clients in a series of Belgian and European merger control, cartel defense, abuse of ...

October 18, 2017, Covington Alert

The European Commission published its Report today on the first-annual review of the EU-U.S. Privacy Shield (the Report is accompanied with a Staff Working Document, Infographic, and Q&A).

October 10, 2017, EurActiv

Peter Bogaert is quoted in a EurActiv article regarding EU Commissioner for Health and Food Safety Vytenis Andruikaitis' remarks in support of drug innovation. "The incentives which are built in the pharmaceutical regime and especially the SPCs and the regulatory exclusivity aim to work as a stimulus to develop new products in order to basically continue the ...

October 2017, Digital Health Legal

September 27, 2017, Employment Webinar Series

September 26, 2017, The Pink Sheet

A blog post by Miranda Cole is referenced in a Pink Sheet article regarding the Advocate General's Opinion in Hoffmann-La Roche vs Autorità Garante della Concurrenza e del Mercato. Cole write, if the opinion was followed by the full court it could have "significant implications for market definition in relation to pharmaceutical products, and potentially for ...

September 25, 2017, Bloomberg

Sir Michael Leigh is quoted in a Bloomberg article following Theresa May's speech in which she affirmed that Britain will pay its dues to the European Union through 2020. Commenting on the Brexit negotiations, Leigh says, "Money is the most visible issue, the most sensitive, and the most likely to be the focus of disagreements."

September 22, 2017, Commercial Dispute Resolution

Ian Hargreaves chaired the fourth panel of CDR's Summer Litigation Symposium and is quoted in a Commercial Dispute Resolution article regarding the complexities of handling investigations and disputes with both criminal and civil law aspects. According to Hargreaves, with the recent implementation of various pieces of legislation, such as the Criminal Finances ...

September 21, 2017, Covington Alert

On September 14, 2017, the Financial Conduct Authority (FCA) confirmed that it was making a Market Investigation Reference (MIR) to the Competition and Markets Authority (CMA) in relation to services for investment consultancy and fiduciary management. This is the first time the FCA, which has significant numbers of competition lawyers within its ranks, has ...

September 18, 2017, Covington Alert

Last week, in his annual State of the European Union Address, the President of the European Commission Jean-Claude Juncker called out cybersecurity as a key priority for the European Union in the year ahead. In terms of ranking those priorities, President Juncker placed tackling cyber threats just one place below the EU leading the fight against climate change, ...

September 15, 2017

BRUSSELS—Sir Michael Leigh has joined Covington’s Global Public Policy and Government Affairs practice as a Senior Advisor. Dr. Leigh was Director-General of DG Enlargement at the European Commission from 2006 to 2011 and as such served as chief European Union negotiator with candidate countries. From 2003 to 2006, he was Deputy Director-General of External ...

September 13, 2017, Politico

Jean De Ruyt is quoted in a Politico article regarding EU Commission President Jean-Claude Juncker’s proposal to combine presidencies with Council President Donald Tusk. According to De Ruyt, it is a “logical idea” and has long been discussed in EU circles. The Council president and Commission president “already share around 80 percent of their competences,” De ...

September 13, 2017, BBC

Lord Francis Maude appeared on BBC to discuss Jean-Claude Juncker's State of the Union speech and Brexit.

September 6, 2017, Financial Times

Kevin Coates is quoted in a Financial Times article regarding the CJEU's judgment in the Intel case where the higher court sent the case back to the general court. According to Coates, "It is more a criticism of the general court for not looking at the whole decision but only looking at a part of it." 

September 6, 2017, Law360

Kevin Coates is quoted in a Law360 article regarding the CJEU's decision to send a €1.06 billion abuse-of-dominance fine imposed on Intel back to the lower court for another look. According to Coates, the high court’s decision was more of a criticism of the lower court’s handling of the case than of the commission’s conclusions about the rebates. “It’s really ...

September 6, 2017, PaRR

Kevin Coates is quoted in a PaRR article regarding the CJEU's decision in the Intel abuse-of-dominance case. According to Coates, “When a court says the case law needs clarifying, they are moving on a little." He adds that the CJEU is “moving the dial incrementally” in favour of more economic analysis as compared to the traditional case law of the court going ...

September 6, 2017, Politico

Kevin Coates is quoted in a Politico article regarding the CJEU's long-awaited judgment in the Intel case. According to Coates, “It seems to clarify the case law in the direction of more economic analysis."

September 6, 2017, Global Competition Review

Kevin Coates is quoted in a Global Competition Review article regarding the CJEU's judgment in the Intel abuse-of-dominance case, which now returns to the general court. According to Coates, the ruling incrementally moves the case law, requiring the enforcer to apply the AEC analysis if the defendant brings evidence forward in the administrative procedure, but ...

September 5, 2017, Bloomberg

Helena Milner-Smith is quoted in a Bloomberg article regarding the European Court of Human Rights ruling on employee privacy in a case brought by Bogdan Mihai Barbulescu. According to Milner-Smith, the ruling should remind employers not to "go beyond what is necessary for a legitimate purpose." She adds, "However, the Grand Chamber’s ruling will have very little ...

September 5, 2017, The Law Society Gazette

Helena Milner-Smith is quoted by The Law Society Gazette in an article regarding the European Court of Human Rights ruling on employee privacy in a case brought by Bogdan Mihai Barbulescu. According to Milner-Smith, "The decision serves as a reminder for employers who monitor workplace communications to ensure their monitoring practices do not go beyond what is ...

September 5, 2017, Law360

Helena Milner-Smith is quoted in a Law360 article regarding the European Court of Human Rights ruling on employee privacy in a case brought by Bogdan Mihai Barbulescu. "The decision serves as a reminder for employers who monitor workplace communications to ensure their monitoring practices do not go beyond what is necessary for a legitimate purpose, that ...

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.

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 ...

August 24, 2017, Politico

Bart Van Vooren is quoted in Politico's "Brussels Playbook" regarding the UK's ECJ Brexit position paper. According to Van Vooren, “Although it reads like a non-committal overview of possible options, there is a clear focus on the most advanced forms of institutional integration currently in existence (other than the EU itself, of course)."

August 23, 2017, Strategic Risk

August 23, 2017, The Law Society Gazette

Bart Van Vooren is quoted by The Law Society Gazette in an article regarding the UK's position paper which dismisses the European Commission’s demand for disputes to be handled by the CJEU. According to Van Vooren, the paper "has the seeds of a compromise on the CJEU."

August 22, 2017, Bloomberg

Bart Van Vooren is quoted in Bloomberg's "Brexit Bulletin" regarding a position paper from Theresa May's government on how it sees the post-Brexit relationship with Europe. According to Van Vooren, in the August 21 paper, the UK asked for British drug manufacturers to be able to release medicines to the European market after Brexit. Yet that would only work if ...

August 21, 2017, Covington Alert

The Payment Strategy Forum (“PSF”) has published a public Consultation Paper (the “Consultation”) entitled “Blueprint for the Future of UK Payments.” The PSF observes that whilst payment systems in UK are some of the best in the world, they are no longer fit for purpose, given their age and complexity. The PSF has therefore developed a New Payments Architecture, ...

August 21, 2017, Bloomberg

Bart Van Vooren is quoted in a Bloomberg article regarding the release of UK position papers outlining its goals of a future relationship with Europe. “Without the U.K. making a fundamental choice on its future relationship to the EU, it cannot expect to receive this depth of mutual recognition,” says Van Vooren. “Without making that choice clear now, the ...

August 16, 2017, Covington Alert

Two recent federal district court decisions involving computer “spoofing” scams highlight the uncertainty about whether such incidents may be covered under standard “computer fraud” provisions in widely used crime insurance forms. The conflicting results in these cases provide a stark reminder to policyholders that seemingly minor differences in policy wordings ...

August 15, 2017

WASHINGTON—Covington, together with Israeli-based law firm Allens and Herzog Fox & Neeman, is representing Aristocrat Leisure Limited, a leading provider of gaming solutions, in its acquisition of Plarium Global Limited and the related acquisition financing.  Aristocrat will make an upfront cash payment of $500 million plus earn-out payments based on Plarium’s ...

August 14, 2017, GCR

August 10, 2017, The Wall Street Journal

Mark Young is quoted in The Wall Street Journal's "Morning Risk Report" in an article regarding the Network and Information Systems directive. According to Young, “This is another data-related compliance requirement and it carries heavy penalties for failure to have in place appropriate network security measures."

August 10, 2017

NEW YORK—Covington is representing IFM Therapeutics in its sale to Bristol Myers Squibb for $300 million in cash and the right to receive contingent payments upon achievement of specified milestones that could total in excess of $1 billion for each of its two oncology programs. Prior to closing, IFM will spin off its inflammation program to a newly-formed ...

August 8, 2017, Financial Times

Lisa Peets is quoted in a Financial Times article regarding the EU's new General Data Protection Regulation which will be introduced into UK law later this year. "Under the regulations, the definition of 'personal data' will be extraordinarily broad—any information that is related to a person," says Peets. "Companies are finding out that they are processing a ...

August 7, 2017, Covington Alert

On July 18, 2017, the UK published a new statutory instrument, The European Union Financial Sanctions (Amendment of Information Provisions) Regulation 2017 (S.I. 2017/754) (hereinafter, the “AIP Regulation”). The Regulation comes into force on August 8, 2017.

August 3, 2017, The Telegraph

Bart Van Vooren is quoted by The Telegraph in an article regarding the legality of Spain's veto over whether the Brexit deal will apply to Gibraltar. According to Van Vooren, "This is actually a complex question of EU constitutional law." He adds, "Could such a legal issue become an obstacle to the withdrawal agreement with the UK? That certainly cannot be ...

July 28, 2017, Law360

Law360 highlights Covington's successful representation of Valores Mundiales SL and Consorcio Andino SL before the International Centre for the Settlement of Investment Disputes. The tribunal found that Venezuela had breached its international obligations with regard to the company's flour production business and ordered the country to pay nearly half a billion ...

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 27, 2017

NEW YORK—Covington advised The Walter and Eliza Hall Institute of Medical Research (WEHI), Australia's oldest medical research institute, in its landmark monetization of a portion of its royalties relating to the cancer drug Venetoclax. The purchaser, a wholly owned subsidiary of Canada Pension Plan Investment Board, paid US$250 million upfront, and agreed to ...

July 26, 2017, PaRR

Bart Van Vooren is quoted in a PaRR article regarding the UK Government's negotiating position on the role of the Court of Justice of the European Union following the completion of Brexit. According to Van Vooren, the EU was “in a slightly stronger position from an international law perspective” regarding pending cases and that the UK would likely “still be ...

July 17, 2017, The Telegraph

Bart Van Vooren is quoted by The Telegraph in an article regarding the push by EU negotiators to impose fines on Britain for breaking European laws after Brexit. According to Van Vooren, "The way that infringement proceedings are brought is very much under the discretion of the commission…and they are extremely politicised." He adds that there would be a huge ...

July 14, 2017

BRUSSELS—Covington successfully represented the Belgian State in a state aid investigation, raising a series of previously unexplored issues. The European Commission final decision adopted a novel approach to the Market Economy Investor principle, to the establishment of the relevant market benchmark, and to calculating the comparable market price in such a ...

July 14, 2017, Pharmafile

Grant Castle is quoted in a Pharmafile article regarding how Brexit may affect drug regulation. “Even if we enter into a close free-trade agreement, the UK will lose influence in the development of pharmaceutical legislation and policy, and will also lose influence in the pharmaceutical regulatory procedures,” says Castle. “And that must inevitably mean that ...

July 12, 2017

LONDON—Covington is advising Central European Media Enterprises Ltd. (CME) on the sale of its broadcast operations in Croatia and Slovenia to Slovenia Broadband S.à r.l for approximately $262.2 million. The transaction is expected to close by the end of 2017.  CME is a NASDAQ-listed media and entertainment company operating leading businesses in six Central and ...

July 12, 2017, Commercial Dispute Resolution

Ian Hargreaves chaired a session on managing conjoined civil and criminal fraud cases at Commercial Dispute Resolution's Summer Litigation Symposium.

July 12, 2017, Covington Alert

In October 2016, the UK Prime Minister, Theresa May, commissioned Matthew Taylor, the Chief Executive of the Royal Society of Arts and former policy adviser to Tony Blair, to look at how employment practices need to change in order to keep pace with modern business models.

June 21, 2017, Financial Times

Graham Vinter is quoted in a Financial Times article regarding the importance of defending the rule of law to businesses around the world. “The main onus on establishing respect for the rule of law, or establishing the rule of law in a country, is with the politicians,” says Vinter. “It’s too difficult to expect business to bring about change in a particular ...

June 16, 2017

LONDON—Euromoney Legal Media Group has selected three Covington lawyers for its annual “Europe Women in Business Law Awards.” The awards honor women in the legal sector across Europe. The Covington lawyers recognized are: Louise Nash, Best in Mergers & Acquisitions. Ms. Nash focuses on M&A and other transactional matters for clients in the consumer brands, ...

June 12, 2017, CNBC

Lord Francis Maude appeared on CNBC following the UK election where he discussed what the results mean for the upcoming Brexit negotiations and more.

June 9, 2017, The Wall Street Journal

Ian Hargreaves is quoted by The Wall Street Journal in an article regarding the future of the UK's Serious Fraud Office following the general election. "Folding the SFO into the [National Crime Agency] is neither necessary nor good for the prevention of serious fraud and other matters," says Hargreaves. "I would hope this gets pushed into the long grass and [Ms. ...

June 8, 2017, Bloomberg

Lord Francis Maude appeared on Bloomberg following the close of the UK election polls. "This was absolutely a good election for [Theresa May] to call, but the absolute rule should have been don't take risks," says Maude when commenting on the exit poll results which showed the Tories falling short of a majority. He adds that, at this point, the outcome is still ...

June 7, 2017, Sky News

Lord Francis Maude appeared on Sky News' Ian King Live ahead of the UK election where he discussed the upcoming Brexit negotiations and the need for Britain to be "outward looking" and as supportive of business as it can be.

June 1, 2017, MLex

Robin Blaney is quoted in an MLex article regarding pleas from the EMA urging UK drugmakers to relicense their products in another EU country before Brexit. According to Blaney, the transfer of authorizations is "primarily an administrative exercise," and there is no legal obstacle to using a shell company in the European Economic Area to hold marketing ...

May 26, 2017, CDR News

Allan Moore is quoted in a CDR News article regarding his recent appointment to the London Court of International Arbitration. Moore comments, “I am deeply honoured. I have long viewed the LCIA Court and staff as consummate professionals and preeminent leaders in our field. It is also an enormously gracious group of people with whom to work on important matters ...

May 24, 2017

WASHINGTON—Covington partner Allan B. Moore has been appointed a Member of the LCIA Court, the supervisory administrative body of the London Court of International Arbitration, one of the world’s leading institutions for international commercial dispute resolution.  Mr. Moore, who co-chairs Covington’s International Arbitration Practice Group, represents a broad ...

May 24, 2017, Covington Alert

On May 25, 2018, employers located or with staff in the European Union (“EU”) will have to comply with a new data protection law—Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data—commonly referred to as the General Data Protection Regulation (“GDPR”). This will ...

May 23, 2017, Webinar

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 17, 2017, Law360

Law360 highlights the appointment of Allan Moore to the London Court of International Arbitration.

May 15, 2017, Covington Alert

On May 2, 2017, the European Commission published a legislative proposal for a Regulation on a Single Market Information Tool. If adopted, the proposed Regulation would empower the Commission to request information from companies and trade associations, from a wide variety of industrial, technological and services sectors, if the Commission finds that serious ...

May 11, 2017, PaRR

Bart Van Vooren is quoted in PaRR's "Brexit Club" column regarding the two-part approach to the Brexit negotiation process, following the publication of draft negotiating directives for “phase one” of the talks. According to Van Vooren, there are real legal problems with this two-part approach, regardless of the parties' up-front negotiating positions. One ...

May 10, 2017, Financial Times

Sebastian Vos is quoted by the Financial Times in an article which examines Brussels' resistance to its EU counterparts' request for the European Commission to create additional hurdles for foreign investment, particularly in China.  Vos indicates that an EU mechanism to monitor foreign investment "would be an interesting tool for the commission to have in ...

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 4, 2017, Covington Alert

With effect from today, policyholders may recover damages from insurers for late payment of some insurance claims. For insurance contracts agreed or renewed on or after May 4, 2017 and governed by English law, the UK Enterprise Act 2016 introduces an implied term, affording the policyholder the right to recover losses caused by the insurer’s failure to pay valid ...

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 ...

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, Commercial Dispute Resolution

Louise Freeman spoke on a panel at CDR’s Spring Competition Litigation Symposium and is quoted in a Commercial Dispute Resolution article regarding the role of expert evidence in class action proceedings and how lawyers can work effectively with economists and industry experts. According to Freeman, “Lawyers need to think a little bit more before getting ...

April 26, 2017, Webinar

April 18, 2017, LexisPSL

Lisa Peets is quoted in a LexisPSL article regarding the Conservative Party's mandate for a hard Brexit. According to Peets, "An increased majority gives the Prime Minister greater flexibility to push for a harder or a softer Brexit, depending on what she actually wants." She adds, "A healthy majority helps May show the EU that she can deliver on her ...

April 12, 2017, Law360

Ian Hargreaves is quoted in a Law360 article regarding the UK government’s secretive review into economic crimes. According to Hargreaves, "As with the Proceeds of Crime Act, the UK Bribery Act and several other pieces of legislation, the UK really is leading the charge on introducing (if not enforcing) the toughest global laws on financial crime.”

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 11, 2017, Competition Law Insight

April 7, 2017, Bloomberg

Carl Bildt was interviewed by Bloomberg to discuss the UK’s withdrawal from the European Union after it triggered Article 50. According to Bildt, “[At] the end of the day there has to be some sort of agreement…and I think we are heading towards a deep and comprehensive free trade agreement.” He adds that there will need to be an interim agreement as it’s going ...

April 7, 2017, Covington Alert

The UK’s Competition Appeal Tribunal (the “CAT”) has handed down its first class certification judgment in relation to the class actions regime introduced by the Consumer Rights Act 2015 (the “Act”). The result? The hearing has been adjourned, with the proposed representative allowed to file and serve an amended Claim Form and revised expert evidence, if so ...

April 6, 2017

NEW YORK—Covington has partnered for the second year with Columbia Law School and its Center for International Commercial and Investment Arbitration to hold the Covington Academy on International Arbitration (CAIA). The program is open to Columbia’s J.D., LL.M., and S.J.D. students. The three-day program consists of training followed by practical exercises and ...

March 30, 2017, Business Forums International Ltd.

March 30, 2017, Covington Alert

Today, the UK Government published a White Paper envisaging an initial continuation of EU law in the UK “wherever practical and appropriate” on withdrawal from the EU (“Brexit”). Today’s White Paper comes one day after the UK notified the EU of its intention to leave which triggers the two-year Brexit negotiation period. The UK Government intends on achieving ...

March 29, 2017, CNBC

Following the triggering of Article 50, Sebastian Vos was interviewed by CNBC to discuss the Brexit negotiation process. According to Vos, “It’s a very compressed timeline.” He adds, “The aim is to achieve a mutually beneficial post-Brexit relationship between the EU and UK, but…the various member states have to take account of differing national interests.”

March 29, 2017, Commercial Dispute Resolution

Ian Hargreaves is quoted in a Commercial Dispute Resolution article regarding the UK Serious Fraud Office’s deferred prosecution agreement with Tesco PLC for false accounting practices. According to Hargreaves, the FCA compensation scheme is of particular interest. “Although we are not privy to the details of the compensation package offered to shareholders and ...

March 29, 2017, The Wall Street Journal

Ian Hargreaves is quoted in The Wall Street Journal’s “Morning Risk Report” regarding the UK Ministry of Justice’s consultation on whether to create new legislation to cover failure to prevent economic crime. According to Hargreaves, “To be required to introduce further systems and controls covering a wide ranging area of economic or financial crime, in addition ...

March 29, 2017, Bloomberg

Following the triggering of Article 50, Lord Francis Maude was interviewed by Bloomberg to discuss the impact of Brexit on businesses. “I think there’s a deep recognition on both sides that there is a joint self-interest in reaching a sensible, orderly agreement.” He adds that there are “huge numbers of issues affecting lots of different sectors” and businesses ...

March 29, 2017, Covington Alert

A number of new pieces of legislation have recently come into force or are due to come into force shortly which impose certain reporting obligations on both companies and limited liability partnerships in the UK.

March 29, 2017, Covington Alert

Today, the UK Prime Minister, Theresa May, formally triggered the process of the UK’s withdrawal from the EU (“Brexit”) by invoking Article 50 of the Treaty on European Union. This is the first time an EU Member State has used the Article 50 mechanism. This marks the beginning of the two-year period in which an arrangement for Brexit must be agreed and ...

March 28, 2017, Law360

Ian Hargreaves is quoted in a Law360 article regarding the UK Serious Fraud Office’s $161 million deferred prosecution agreement with Tesco PLC for skewing the prices of its shares and bonds with false accounting. “The arrangement with the [Financial Conduct Authority] is of particular interest,” says Hargreaves. “Although we are not privy to the details of the ...

March 28, 2017, Covington Alert

On March 16, 2017, following a lengthy legislative process, the European Parliament approved a final regulation implementing a new due diligence and reporting regime for “conflict minerals” (i.e., tin, tantalum and tungsten, their ores, and gold) imported in the EU. The regulation will enter into force 20 days after formal approval by the Council of Ministers ...

March 17, 2017

LONDON—Covington advised AstraZeneca on its strategic collaboration with Circassia Pharmaceuticals plc, a respiratory biopharmaceutical company, for the development and commercialisation of Tudorza and Duaklir* in the U.S.  Tudorza and Duaklir are inhaled respiratory medicines for the treatment of chronic obstructive pulmonary disease (COPD). Tudorza was ...

March 9, 2017, Law360

March 7, 2017, Covington Alert

Yesterday, President Trump issued a new Executive Order (the “Order”) titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” This new Order replaces the so-called “travel ban” Executive Order issued January 27 (the “Prior Order”) which was subject to a nationwide temporary restraining order issued by the U.S. District Court for the ...

March 7, 2017, Law360

March 5, 2017, Monaco Life

Andrew Jack was interviewed by Monaco Life for its “Becoming Clean” feature ahead of the 2017 CleanEquity Monaco conference. Commenting on the evolution of Covington’s Clean Energy and Climate Industry Group, Jack says, “We started up in late 2008 and we now have about 85 of the approximately 1,000 lawyers in the firm who are devoting a fair amount of their time ...

March 1, 2017, Commercial Dispute Resolution

Elaine Whiteford and Louise Freeman spoke at Commercial Dispute Resolution’s second Spring Competition Litigation Symposium on the EU Damages Directive and are mentioned in an article providing highlights from the event. According to Freeman, lawyers should enable economists to give the best evidence they can, emphasizing that the same lawyers should completely ...

March 2017

Spring 2017, Communications Lawyer (American Bar Association)

February 22, 2017, Covington Advisory

Selections of Covington’s Intellectual Property Rights Practice Group for the “Top Ten” most significant and interesting developments in U.S. and European copyright law during 2016.

February 20, 2017, Law360

Ian Hargreaves is quoted in a Law360 article regarding the use of deferred prosecution agreements by the Serious Fraud Office to push deeper into enforcement in financial services. According to Hargreaves, financial firms have lived in the era of self-disclosure to the Financial Conduct Authority for so long they fully understand the consequences — and leave ...

February 15, 2017, Webinar

February 14, 2017, Competition Law Insight

Andrea Zulli discusses his career, interests, and competition law in an interview with Competition Law Insight. 

February 10, 2017, Covington Alert

Following last week’s advisory concerning President Trump’s Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States (the “Order”), numerous lawsuits were filed challenging the Order. One such challenge, filed by the State of Washington and the State of Minnesota, culminated in yesterday’s unanimous decision by the United States ...

February 7, 2017, Commercial Dispute Resolution

Péter Balás is quoted in a Commercial Dispute Resolution article regarding forthcoming Brexit negotiations and the impact on tax and customs duties. Commenting on Theresa May’s signal of a changed relationship with the EU’s customs union, Balás says that such a relationship made the application of customs controls “unavoidable,” with the United Kingdom aiming ...

February 7, 2017, Covington Alert

This International Employment Update summarises recent international employment law developments in Austria, China, France, Italy, the United Arab Emirates, the United Kingdom, and the United States.

February 3, 2017, Law360

Bruce Bennett is quoted in a Law360 article providing tips for British banks under the Trump Administration’s approach to financial reform. Commenting on the full repeal of Dodd-Frank, Bennett says, “[it] would be very difficult for a variety of reasons.” He adds, “Our sense is, in the overall hierarchy of priorities the new president has, this isn’t at the ...

February 3, 2017, Global Investigations Review

Ian Hargreaves and David Lorello are quoted in a Global Investigations Review article regarding Hargreaves’ recent arrival to Covington. According to Hargreaves, the firm’s “pre-eminence in dispute resolution, and its immense strength and global recognition as a market-leader in white-collar crime matters and investigations” fueled his decision. Lorello says, ...

February 2, 2017, Covington Alert

Today, the UK Government published its strategy in a White Paper regarding the UK’s withdrawal from the EU (“Brexit”). The UK Government is clear that it “will make no attempt to remain in the EU by the backdoor” nor will there be a second referendum on UK membership of the EU.

February 1, 2017, Covington Alert

In response to the Insurance Act 2015, insurers may increasingly include conditions precedent in their policies in place of warranties, whose effect the Act has weakened. In the recent case of Zurich Insurance Plc v Maccaferri Limited [2016] EWHC Civ 1302, the Court of Appeal in London made clear that an ambiguous condition precedent must be interpreted strictly ...

February 1, 2017, The Litigation Daily

The Litigation Daily features Beth Brinkmann, Craig Pollack, and Louise Freeman in an article about the “Top Lateral Litigator Moves in January.”  Commenting on her move to Covington, Brinkmann says that the firm “turned out to be just a really unique opportunity,” praising its “culture of teamwork” and “longstanding presence in the legal community.” Jeremy ...

January 31, 2017, Compliance Week

Michael Fanelli and Kevin Coates are quoted in a Compliance Week article examining how companies are navigating the global enforcement landscape. Commenting on global antitrust investigations, Fanelli says, “[Cooperation] involves a real thorough investigation to show you’re doing everything you can to root out the problem.” Applying for leniency may not always ...

January 31, 2017

LONDON—Ian Hargreaves has joined Covington as a partner in the firm’s European Dispute Resolution practice resident in London. Mr. Hargreaves’ arrival follows that of litigation partners Craig Pollack, Greg Lascelles, Elaine Whiteford, and Louise Freeman over the past six months. Mr. Hargreaves advises on major European white collar and related civil and ...

January 30, 2017, The Law Society Gazette

Lord Francis Maude and Carl Bildt are quoted by The Law Society Gazette in an article regarding post-Brexit mutual recognition arrangements. According to Maude, it would be “very surprising if mutual recognition arrangements” could not be sorted out relatively easily. He adds that continuation is likely because the “benefits on both sides” are now ...

January 30, 2017, Covington Alert

As has been widely reported, President Trump issued an Executive Order (“the Order”) on Friday, January 27, 2017, entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States,” which, among other directives, bans individuals from Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia (the “Covered Countries”) from entering the United States ...

January 24, 2017, Law360

Mark Young and Ian Hargreaves are quoted in a Law360 article regarding the high level of cyberattacks on the financial services industry and the resulting regulatory pressures. According to Young, “The GDPR [General Data Protection Regulation] is a massive text with groundbreaking change in the data privacy area, in terms of compliance requirements and the new ...

January 24, 2017, Covington Alert

Today, the UK Supreme Court held (by a majority of 8:3—an unprecedented 11 Justices heard the case) that the UK Government does not have the power to trigger the process of withdrawal from the EU (“Brexit”) without first obtaining Parliamentary approval in the form of an Act of Parliament. The decision is largely aligned with the Divisional Court’s ruling on ...

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, The Law Society Gazette

Graham Vinter is quoted by The Law Society Gazette in an article regarding the new initiative of the Bingham Centre for the Rule of Law, which he will chair. According to Vinter, “As multinational companies develop their supply chains and markets both at home and around the world, they are encountering a complex set of legal risks including contractual ...

January 18, 2017, Covington Alert

The British Prime Minister, Theresa May, has now confirmed the government’s view that the United Kingdom must leave the European single market in order to give effect to the outcome of the EU referendum held on June 23, 2016. In light of that statement, the UK government’s promise to guarantee the status of EEA nationals already residing in the UK as soon as ...

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 18, 2017, Covington Alert

The push to improve business “non-financial reporting” of human rights and environmental practices has gained significant momentum over recent months, with the implementation of EU Directive 2014/05/EU and the new Global Reporting Initiative (GRI) Standards to promote and shape the future of corporate reporting on sustainability. Stock exchanges in around 45 ...

January 17, 2017, Global Competition Review

Louise Freeman and Johan Ysewyn are quoted in a Global Competition Review article regarding Freeman’s arrival to the firm’s European Dispute Resolution practice. According to Freeman, Covington is an exciting firm to join – especially as the firm is “expanding at a phenomenal rate.” She adds, “It’s going to be great fun educating the London market on what is ...

January 17, 2017, Webinar

January 17, 2017, Law360

Jeremy Wilson is quoted in a Law360 article regarding the arrival of Craig Pollack and Louise Freeman to the firm’s European Dispute Resolution practice. According to Wilson, “The firm’s growing footprint in London is a reflection of client demand that is fueled by the increasingly challenging regulatory and compliance environment, and the fact that London is, ...

January 16, 2017, Medtech Insight

Cándido García Molyneux is quoted in a Medtech Insight article regarding an expected amendment to the Directive on the Restriction of Hazardous Substances (RoHS2). According to García Molyneux, if proposed, non-RoHS compliance electronic medical devices, IVDs and control instruments may be further supplied in the distribution chain or resold after July 22, 2019 ...

January 16, 2017, International Devices & Diagnostics Monitor

Cándido García Molyneux is quoted in an International Devices & Diagnostics Monitor article regarding the European Commission’s plan to allow certain second-hand and refurbished devices that contain hazardous substances to continue to be marketed in the EU beyond July 22, 2019. According to García Molyneux, the ban would greatly restrict the availability of ...

January 16, 2017

LONDON—Craig Pollack and Louise Freeman have joined Covington as partners in the firm’s European Dispute Resolution practice resident in London. Mr. Pollack will also serve as co-chair of the firm’s Global Disputes Initiative with former U.S. Attorney General Eric Holder and former U.S. Under Secretary of State Alan Larson.  Mr. Pollack focuses on complex high ...

January 10, 2017, Global Competition Review

Johan Ysewyn is quoted in a Global Competition Review article regarding the EU General Court’s ruling ordering the EU to pay damages to Gascogne after finding that the court breached the company’s right to adjudication within a reasonable period. According to Ysewyn, despite the “precedent-setting” verdict, the General Court “gave itself an escape route by ...

January 6, 2017, Law360

Sebastian Vos is quoted in a Law360 article regarding the launch of a Global Blockchain Business Council at this year’s World Economic Forum by Covington and The Bitfury Group. “Blockchain has the potential to be the next great technological innovation, revolutionizing areas from cross-border payments, trade finance and land registries to government records,” ...

January 2, 2017, Law360

Carlo Kostka is quoted in a Law360 article regarding UK financial services reforms to watch in 2017. Commenting on the 2014 Markets in Financial Instruments Directive II and Brexit, Kostka says, “There’s a host of operational reasons why you’d say you don’t want to fragment the clearing market.” He adds, “But the flip side ... is this is going to be a ...

January 2017

2017, International Comparative Legal Guide to: Enforcement of Foreign Judgments 2017

2017, International Comparative Legal Guide to: Enforcement of Foreign Judgments 2017

December 21, 2016

NEW YORK—Covington was honored at the Americas M&A Atlas Awards ceremony held in New York on December 6. The firm was recognized for Cross Border Deal of the Year in connection with its representation of Grupo P.I. Mabe S.A., a Mexican manufacturer of disposable hygienic products, in its sale to Ontex, Ltd., a publicly traded international producer of personal ...

December 19, 2016, Law360

December 16, 2016, Covington Alert

After a wait of nearly 15 months from the introduction of class actions in the UK for antitrust damages claims, the first class certification hearing took place before the UK’s Competition Appeal Tribunal (the “CAT”) between December 12 and 14.

December 15, 2016, CCT News

Daniel Cooper is quoted by CCT News in an article regarding the use of wearable technology in the workplace. According to Cooper, the use of wearable devices is a good way, especially for insurers.  However, the wearers’ privacy must be taken care of as well as their legitimate treatment concerns.

December 14, 2016, Covington Alert

Those who track investment policy issues will have noticed an important theme emerging in recent years of Western economies evaluating their foreign investment regimes, in particular in light of the outflow from China into technology, infrastructure and natural resource assets. The UK is now considering, and is expected to adopt, a new foreign investment regime ...

December 12, 2016, The Guardian

Jean De Ruyt is quoted by The Guardian in an article regarding a proposal to allow British nationals to keep EU citizenship after Brexit. According to De Ruyt, “This proposal is absolutely not serious.” He continues, “It is very vague and for the distant future, it is not something which is made for Brexit. Maybe it can be discussed 10 years from now if member ...

December 12, 2016, Covington Alert

On 6 December 2016, the UK Government published the revised draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (the “Regulations”), which, subject to prior parliamentary approval, are expected to come into force on 6 April 2017. The new law will require private employers in the UK to collect and publish information showing differences in pay ...

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 6, 2016, Covington Alert

On December 2, 2016, the English High Court ruled that the members of the band Duran Duran would be in breach of the contracts under which they assigned their publishing copyrights if they exercised their U.S. statutory right to terminate the transfer of the U.S. copyrights under section 203 of the Copyright Act. The case, Gloucester Place Music Limited v Simon ...

December 5, 2016, Law Society Gazette

December 2, 2016

LONDON—Global Competition Review has named two Covington partners to its Women in Antitrust list. Now in its fifth year, the report aims to identify and celebrate achievements of elite female antitrust professionals in private practice, as well as expert economists, in-house counsel, enforcers, and academics around the world. Miranda Cole is a partner based in ...

December 1, 2016, Covington Alert

The Securities and Exchange Commission (the “SEC”) recently adopted rules to update and enhance registration exemptions for intrastate and regional securities offerings. The final rules amend Rule 147, a safe harbor for exempt intrastate offerings under the Securities Act of 1933 (the “Securities Act”). In addition, the final rules establish a new offering ...

November 28, 2016, Politico

Cándido García Molyneux and Bart Van Vooren are quoted in a Politico article regarding the recent European Court of Justice rulings which interpreted elements of a global chemical safety protocol. According to García Molyneux, “The EU Court’s rulings of this week are not that surprising in light of the [safety protocol] Aarhus Convention and the EU’s ...

November 28, 2016, Covington Alert

On 18th November 2016, the Financial Conduct Authority (“FCA”) published its long-awaited Interim Report setting out the findings of its asset management market study (“the Report”). The Report identifies issues and concerns regarding whether the market is providing value to customers, both in the retail and institutional sectors and the FCA has found evidence ...

November 28, 2016, Covington Alert

Last week the Court of Justice of the European Union (“CJEU”) upheld a broad interpretation of the concept of “information that relates to emissions into the environment” that EU and Member State authorities (e.g., ECHA, EFSA, Commission, national environmental agencies) must disclose to the public.

November 23, 2016, Politico

Peter Bogaert is quoted in a Politico article regarding the broader impact of a decision by the European Court of Justice in favor of disclosing confidential safety tests by pesticide companies. According to Bogaert, “There is a very serious concern about the dangerous broadening of the definition of what constitutes an emission into the environment.”

November 21, 2016, Financial Times

Daniel Cooper is quoted in a Financial Times article regarding wearable technology in the workplace. According to Cooper, not everyone will welcome sharing intimate personal information with the boss, however. “Wearable devices could be a good way for insurers to get the data . . . but it’s essential to address wearers’ privacy and fair treatment concerns and ...

November 16, 2016, MLex

Ambassador Jean De Ruyt is quoted in an MLex article regarding the appointment of Didier Seeuws as the leader of the Council of the European Union’s taskforce on Brexit. According to De Ruyt, Seeuws is a “good technician with a political mind.” De Ruyt adds that “[Seeuws is] a fixer; he wants to find solutions.”

November 4, 2016, EU Food Law

Brian Kelly is quoted in an EU Food Law article regarding the UK High Court ruling requiring its government to have Parliamentary approval before triggering Article 50. According to Kelly, the decision added uncertainty around Brexit, although it did also present a lobbying opportunity for the industry as well.  “The immediate impact of the judgment is that, as ...

November 4, 2016, Politico Pro

Brian Kelly and Grant Castle are quoted in a Politico Pro “Morning Health Care” article regarding the High Court ruling that the UK government does not have the legal power to invoke Article 50 without Parliamentary approval. According to Kelly, “This presents an opportunity for individual companies and the industry to engage with members of Parliament to ensure ...

November 3, 2016, The Pink Sheet

Brian Kelly is quoted by The Pink Sheet in an article regarding the UK High Court’s ruling that its government does not have the right to trigger Article 50 without Parliamentary approval. According to Kelly, the judgment presented "an opportunity for individual companies and the [life sciences] industry to engage with members of Parliament to ensure that their ...

November 3, 2016, Covington Alert

Today, the High Court of England and Wales held that the UK Government does not have the power to trigger the process of withdrawal from the EU without first obtaining Parliamentary approval. The High Court’s decision will likely be the subject of an appeal heard by the UK Supreme Court in December this year.

October 24, 2016, Covington Alert

On October 13, 2016, the Criminal Finances Bill was introduced to the UK’s House of Commons. The Bill contains provisions concerning the proceeds of crime, amendments to existing legislation concerning investigations, money laundering, civil recovery, and enforcement powers, concerning terrorist property. It also creates a new corporate offence of failure to ...

October 21, 2016

WASHINGTON—Covington represented India-based Piramal Enterprises and its wholly owned Critical Care subsidiary in the UK in the acquisition of five anesthesia and pain management injectable products from Janssen Pharmaceutica NV, in an all cash deal for an upfront consideration of US$155 million, and up to an additional US$20 million. The products to be acquired ...

October 19, 2016, Covington Alert

On September 15, 2016, the European Commission published its Preliminary Report on the ongoing e-commerce sector inquiry. The report is based on the input from nearly 1,800 companies operating in e-commerce of consumer goods and digital content and has analyzed around 8,000 distribution contracts. The report confirms the fast growth of e-commerce in the EU and ...

October 18, 2016, Competition Law Insight

October 17, 2016, Covington Alert

Last week, a dispute between Tesco and Unilever about where the pain caused by the devaluation of sterling should lie provided some initial evidence of the “turbulence” and “rollercoaster” rides the Chancellor of the Exchequer, Philip Hammond, has warned of since the June 23, 2016 Brexit vote.

October 11, 2016, Webinar

October 10, 2016

LONDON—Lord Francis Maude, the former UK Minister for Trade and Investment in Prime Minister David Cameron’s government, has joined Covington as a Senior Advisor in the firm’s Public Policy and Government Affairs practice. With a political career spanning almost 40 years, Lord Maude has held a number of high profile government positions, including Financial ...

October 10, 2016, PR Week