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Covington is a leading international law firm that has been practicing in Europe for over 25 years. With more than 1,000 lawyers across 13 offices in Europe, the United States, Africa, the Middle East, and Asia, we practice as one group, holding closely our core values that start with a deep commitment to our clients and the quality of our work on their behalf.

What sets us apart is our ability to combine the tremendous strength in our litigation, investigations, and corporate practices with regulatory expertise and deep knowledge of policy and policymakers. This provides in-depth industry understanding and enables us to create novel solutions to our clients’ most challenging problems, successfully try their toughest cases, and deliver commercially practical advice of the highest quality.

Our team of lawyers and advisors in London, Brussels, Ireland, and Frankfurt represent a wide range of clients in a variety of industries and sectors, and across an array of areas, including:

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Representation of Microsoft in Landmark Case Involving Data Stored Abroad

Successfully challenged U.S. government warrant seeking data stored in Ireland. After a favorable decision from the Second Circuit—and while the Supreme Court was reviewing the case—Congress enacted the CLOUD Act, a modernized framework for cross-border data requests. See United States v. Microsoft Corporation, No. 17-2 (U.S.).

Advising Large Public Companies and Investors on Corporate Governance Matters

Represented boards in the pharmaceuticals, consumer goods, health insurance, home equipment, advertising, motor vehicles, network communications, and technology industries as well as hedge funds, public pension funds, and other investors with respect to corporate governance developments regarding board and committee composition, crisis management, cybersecurity, internal controls, shareholder proposals, proxy access, political spending, and other sensitive disclosures and similar matters.

Advised UK-based Clinical AI Company Sensyne Health

Advised Sensyne Health, a UK-based clinical AI company, on: a collaboration with Bayer to analyze patient data from the UK National Health Service using Sensyne’s clinical artificial intelligence platform and apply the findings to Bayer’s cardiovascular disease pipeline; Jefferson Health to evaluate the clinical and commercial potential of its GDm-Health™ system in the United States; novel strategic research and data processing; and agreements with the Chelsea and Westminster Hospital National Health Service (NHS) Foundation Trust, the Oxford University Hospitals NHS Foundation Trust, and the South Warwickshire NHS Foundation Trust.

Advised B.E.S.T. Funds in Equity Investment in Trak Global Group

B.E.S.T. Funds in its equity investment in UK telematics company Trak Global Group, a leading telematics supplier to the vehicle rental and mobility sector and insurers.B.E.S.T. Funds in its equity investment in UK telematics company Trak Global Group, a leading telematics supplier to the vehicle rental and mobility sector and insurers.

Advice on the monitoring of employee communications

Conducted a pan-European and selective U.S. survey of laws and regulations affecting an employer’s right to monitor employee’s Internet use and review electronic communications. We have also advised numerous clients on the law governing call recording and access to (and disclosure of) employee e-mail, including in connection with several personal crises and actions.

Binding Corporate Rules for global pharmaceutical company

Assisting GSK plc in its adoption of Binding Corporate Rules (BCRs) in order to permit the company to transfer personal data globally. We helped develop GSK’s privacy compliance program, obtain the UK data protection authority’s approval and continue assisting GSK during the subsequent implementation.

Addressing Regulatory Enforcement Actions

We have addressed regulatory investigations and enforcement actions from regulators in the United States, Europe, and Asia following data breaches. These have included investigations or formal enforcement proceedings brought by the Federal Trade Commission, State Attorneys General, and the Securities and Exchange Commission in the United States, and by data protection authorities and sector-specific regulators across Europe and Asia.

Misconduct Investigation and Review for UK Investment Bank

Advising the London Board of Directors of an investment bank on the company's human resources structure, policies, and procedures for investigating claims of discrimination and misconduct by senior executives, following an allegation of misconduct involving a member of the company's senior management team.

Global compliance

Conducted a detailed review of the human resources operations of a large pharmaceutical company to assess compliance with data protection and privacy laws and regulations in both the U.S. and EU, in anticipation of possible certification under the U.S.-EU Safe Harbor regime. Our extensive written report described potential compliance issues and recommended specific remedial actions.

Global privacy assessment

On behalf of one of the world’s leading consumer electronics and technology companies, we completed a comprehensive global privacy audit under the laws of the United States, the European Union, and China, including an assessment of the data collection, use, and sharing practices of numerous business units (including HR data), cross-border data transfers, and adopting a going-forward privacy governance and risk-management approach and corresponding policies and procedures.

Allergy Therapeutics on Alerpharma Acquisition and £20 Million Placing

Representation of Allergy Therapeutics plc, the AIM-listed specialty pharmaceutical company, in its acquisition of Alerpharma, S.A. a Spanish-based allergy immunotherapy company which previously spun out from Spanish biopharmaceutical company, Zeltia S.A. Covington also advised Allergy Therapeutics on its recent £20.8 million placing of ordinary shares with institutional investors. The proceeds of the placing are being used to progress the clinical development of the company’s lead product, Pollinex Quattro Grass, through to FDA approval and planned launch in the United States in 2019.

AstraZeneca/Bristol-Myers Squibb diabetes alliance

Representation of AstraZeneca in its strategic diabetes alliance with Bristol-Myers Squibb, including with respect to collaboration arrangements for the development and commercialization of Amylin Pharmaceuticals’ portfolio of diabetes products following BMS’s acquisition of Amylin in a deal valued at $7 billion (approximately half the cost of which was borne by AstraZeneca).

BBVA in Acquisition of Simple

Representation of Banco Bilbao Vizcaya Argentaria, an international financial group based in Spain, in its acquisition of financial technology company Simple. The $117 million acquisition is part of BBVA's strategy to lead the technology-driven change that is transforming the financial services industry. According to Francisco González, Chairman and CEO of BBVA, Simple will reinforce BBVA’s “global digital transformation while BBVA will provide the means to help Simple maximize its outstanding growth potential.”

BSA in Major Domestic and International Copyright Law Reform Efforts

Advise Business Software Alliance in most of the major domestic and international copyright law reform efforts resulting from the advent of the digital age, including the U.S. Digital Millennium Copyright Act, the WIPO Treaties, the EU Copyright Directive, the EU Software Directive, implementation of the TRIPS Agreement, and amendments to existing copyright laws in over 30 countries worldwide.

Commercial Savvy

Our client, a major Middle East regional airline, issued an RFP for information technology services and a global ticket distribution arrangement. The Covington team, coordinated between our London and New York offices, deployed locally to manage the entire process—from receiving bids to negotiating the final contract valued at over one billion dollars.

Complex Procurement

A government entity needed to purchase a large number of military vehicles. The procurement required contractors and technology from several jurisdictions and a long-term supply arrangement. From international trade controls and U.S. and EU military sales advice to commercial terms, Covington provided strategic direction as we simultaneously ensured that the documents met local and international requirements.

Coordinated monitoring and advocacy at the multinational, international and national levels

A highly innovative pharmaceuticals company was concerned about the public debate and policy proposals made to address antimicrobial resistance, as these could seriously curtail its future business. Working together with external partners, we monitor and participate in discussions at the G7, WHO, EU and national levels (in the UK and Germany), with several successes already at proposing alternative solutions more favorable to our client.

Cross-border trade, anti-corruption, and data compliance

Advising a major petrochemical company regarding its establishment of an integrated compliance program, with particular focus on the areas of U.S. and European trade controls, anti-corruption, and data privacy. Our representation includes assistance with establishing a corporate compliance office, assessing risks in these areas, drafting the necessary policies and procedures tailored to company risks and operations, and implementing the program through training and assessment.

Emerging policy issues

Worked directly with, and appeared before national and regional privacy authorities, such as the European Commission, the EU Article 29 Working Party, and the Council of Europe, both to address emerging policy issues in the data privacy field, such as data retention, radio frequency identification (RFID), Big Data, facial recognition, security breach legislation and biometrics, and to defend individual clients.

European counseling on distribution

We have significant experience advising clients on all aspects of their European commercialization networks, including the design and operation of exclusive and selective distribution systems, pricing/rebates, sales and rental channels, supply chain management, customer loyalty programs, dealer financing, central warehousing, consumer warranties, dealer termination, etc.

Gramm-Leach-Bliley Act (GLBA) and State Financial Privacy Laws

We have advised the largest and most sophisticated banks, consumer reporting agencies, and financial services companies on the collection, use and disclosure of nonpublic personal information under GLBA, that California Financial Information Privacy Act, and similar laws, including the development and implementation of privacy notices.

HR operations audit for multinational pharmaceutical client

Conducted a detailed review of the human resources operations of a large pharmaceutical company to assess compliance with data protection and privacy laws and regulations in both the US and EU, in anticipation of possible certification under the US-EU Safe Harbor regime. Our extensive written report described potential compliance issues and recommended specific remedial actions.

Privacy audit for oil and gas multinational in preparation for BCR approval

Managing a privacy audit of a U.S.-based multinational in the oil and gas industry in preparation for its BCR approval with the Dutch data protection authority as the lead authority, including reviewing and providing advice on the BCRs and the implementation strategy and assisting this client in the preparation and roll-out of various compliance tools in the framework of the BCRs.

Representing global pharmaceutical company in “test” case involving BCR and CBPR interoperability

Representing Merck in one of the first “test” cases involving interoperability between BCRs and APEC’s Cross-border Privacy Rules (CBPR). The case will establish a precedent for cross-border transfers of personal data for both the EU and Asia-Pacific Region.

AstraZeneca Transactions

Representation of AstraZeneca in relation to the creation of a $3.4 billion diabetes joint venture with BMS, and the subsequent acquisition of sole control over that venture; in its acquisition of the rights to Almirall’s respiratory franchise (for initial consideration of $875 million and up to $1.22 billion in development, launch and sales-related milestones); assisting in the acquisition of the Takeda respiratory portfolio; and in relation to the creation of an oncology joint venture with Fujifilm Kyowa Kirin Biologics (FKB).

Verizon Communications Transactions

Representation of Verizon Communications in several transactions, including its $3.89 billion acquisition of AOL. Also advised the company in connection with its purchase of UK-based Vodafone’s 45 percent ownership of Verizon Wireless, as well as Vodafone’s purchase of Verizon’s interest in Vodafone Italy, which was valued at $124.1 billion.

Securities Counsel to Numerous Fortune 500 companies

Represent numerous Fortune 500 companies in the pharmaceuticals, consumer goods, health insurance, home equipment, advertising, motor vehicles, network communications, and technology industries with respect to the resolution of shareholder proposals concerning executive compensation, majority voting, proxy access, the right to call special meetings, political spending and lobbying disclosures, and a host of other topics.

Global Privacy Audit for Leading Consumer Electronics and Technology Companies

Litigated Successful Constitutional Challenge

On behalf of Microsoft, successfully challenged a gag order statute that allows courts to forbid technology companies from telling their customers about demands for their data under the Electronic Communications Privacy Act (ECPA). The lawsuit resulted in nationwide reform of the government's practices under the statute. See Microsoft Corporation v. United States Department of Justice, No. 2:16-cv-00538-JLR (W.D. Wash.).

Representation of ExxonMobil subsidiaries in a ICSID arbitration against Venezuela

Representation of ExxonMobil subsidiaries in a pending ICSID arbitration against Venezuela seeking full compensation under the Netherlands-Venezuela bilateral investment treaty and international law for the expropriation of investments in Venezuela. We successfully obtained US$900 million for ExxonMobil in a companion commercial arbitration described above.

Microsoft Transactions

Representation of Microsoft Corp. in its $8.5 billion acquisition of Skype Communications S.à.r.l., the largest acquisition in the company’s history, in connection with its $4.5 billion acquisition of certain Nortel patents, in its $7.2 billion acquisition of the handset division of Nokia, and its $2.5 billion acquisition of Mojang, the developer of Minecraft.

Numerous amicus briefs on behalf of The ERISA Industry Committee

Filed amicus briefs on behalf of The ERISA Industry Committee in a variety of other groundbreaking cases, including Black & Decker v. Nord, 538 U.S. 822 (2003); Lockheed Corp. v. Spink, 517 U.S. 882 (1996); Patterson v. Shumate, 504 U.S. 753 (1992); Hecker v. Deere & Co., 556 F.3d 575 (7th Cir. 2009); Langbecker v. Electronic Data Sys. Corp., 476 F.3d 299 (5th Cir. 2007); and Montesano v. Xerox Corp., 256 F. 3d 86 (2d Cir. 2001).

Privacy “health checks”

Conducted privacy “health checks” for clients to assess their compliance with privacy and data security laws, particularly those in the 28 Member States of the European Community; where appropriate, we have designed remediation programs that include, for example, filing notifications to local privacy regulators, fulfilling obligations to furnish notice, and ensuring compliance with local data security regulations.

Qualcomm in Acquisitions and Investments with Omnia

Qualcomm in acquisitions and investments including its joint venture with Omnia, a subsidiary of Saudi Oger, to create a UK-based company to deploy CDMA-based technology; its acquisition of UK-based Elata (Holdings) Limited, which provides content delivery and device management software systems; and its acquisition of Trigenix Limited, a European mobile content delivery software producer.

Representation of an international beverage company in LCIA and UNCITRAL arbitrations

Representation of a leading Caribbean-based international beverage company in an LCIA arbitration against the former controlling shareholders of a major European-based company that was acquired by our client and in successfully handling a London-sited UNCITRAL arbitration administered by the LCIA.

Review of the right to monitor Internet and electronic communications

Conducted a pan-European and selective US survey of laws and regulations affecting an employer’s right to monitor employee’s Internet use and review electronic communications. We have also advised numerous clients on the law governing call recording and access to (and disclosure of) employee e-mail, including in connection with several personal crises and actions.

Satellite Provider in Establishing European Services Satellite Trade Association

Assisted a satellite provider in establishing a European services satellite trade association. Subsequent representation of the association enabled us to combine our knowledge of law relating to EU trade associations with our experience in EU legislative advocacy in the telecom industry.

Successful Representation of Spanish Investors in Yukos Oil Company in Arbitration Against Russia

Represented Spanish investors in Yukos Oil Company in an SCC arbitration against the Russian Federation arising from Russia’s expropriation of the company. The tribunal issued an award in our clients’ favor that valued Yukos at more than $60 billion at the time the company was expropriated.

Advice to Numerous Life Sciences Companies on Regulatory Compliance and Infrastructure

Advice to numerous pharmaceutical and medical technology companies on compliance with with pharmaceutical and medical device regulations. For pharmaceutical companies, this has included compliance with manufacturing and supply chain rules, pharmacovigilance, and other “GxP” requirements. We have advised device manufacturers on borderline, classification, conformity assessment and other quality system requirements, including in the digital health space. In both industries, we have advised extensively on the impact of, and preparations for Brexit.

Advising Europe's Largest Purchasing and Marketing Association

Advising Europe’s largest purchasing and marketing association in industrial B2B, E/D/E (Einkaufsbüro Deutscher Eisenhändler GmbH) on the implementation of an electronic marketplace for tool-supply (www.toolineo.de), including complex data protection and electronic payment services issues.

Michelin Transaction

Representing Michelin in its acquisition of IHLE Holding AG. The transaction involved six national European merger notifications, namely in France, Germany, Austria, Hungary, Romania, and the Czech Republic. This was the first time that an upstream tire manufacturer and supplier took control over a wholesale tire distributor in Europe creating substantial questions about the effects of this vertical integration.

Alkermes Global Pharmaceutical Portfolio

Managing the worldwide patent portfolios of Alkermes companies relating to sustained-release pharmaceutical formulations in products such as VIVITROL®, RISPERDAL® CONSTA®, and BYDUREON®. We obtained pivotal patents in Canada, China, Europe, Japan, and the United States covering the BYDUREON product, a sustained-release formulation indicated for the treatment of Type 2 diabetes.

Koppers Global Wood Preservation Portfolio

For Koppers Performance Chemicals Inc., managing a portfolio of patents and patent applications relating to market-leading wood preservation technology as well as advising on strategies for obtaining patents throughout the world and on post-grant opposition proceedings involving its patents and applications in Europe, Australia, and New Zealand. Covington also represented the predecessor to Koppers in several inter partes reexamination proceedings, including the defense of patents drawn to methods of preserving wood using particulate copper and methods for directly producing copper carbonate.

$2.7 Billion Acquisition of the Safran Identity & Security Business

Represented the private equity firm Advent International and its portfolio company Oberthur Technologies in securing the CFIUS and U.S. national industrial security approvals for Advent’s acquisition of the Identity & Security business (d/b/a “Morpho”) from Safran, for the purpose of combining it with Oberthur.

Cross-Border Workforce Reorganization

A fast-growing U.S.-based start-up planning and executing an aggressive global expansion relied on Covington’s global workforce team to mastermind a comprehensive implementation strategy that met the business’ goals while addressing compensation and benefits planning and employment challenges across dozens of jurisdictions.

Advising Multinational Technology Companies and Associations on Proposed E-evidence Regulation

Advising a number of multinational technology companies and trade associations on the European Commission's proposed Electronic Evidence Directive and Electronic Evidence Regulation, which would facilitate the ability of EU law enforcement authorities to compel U.S.-based online service providers to disclose user data in criminal investigations.

Advising Client Efforts in Analysis of Patient Information

Advising clients in the life sciences, healthcare and technology sectors on collaborations with hospitals and hospital systems in respect of the analysis of patient information, including: advising on laws and regulations governing the collection and use of patient information; structuring, negotiating and drafting collaboration agreements between life sciences and technology companies; advising on data-driven revenue models; drafting and negotiating data processing agreements under GDPR and business associate agreements under HIPAA; advising on the regulation of the provision of healthcare services.

Microsoft Ireland Case

Representing Microsoft before the U.S. Supreme Court in its challenge to the government’s attempt to compel disclosure of customer emails stored in Ireland using a search warrant. The case set Irish and European privacy law and national sovereignty against U.S. law enforcement needs and raised a whole host of issues relating to demands for data by government agencies from another country.

Significant Privacy Case Before the Irish High Court

The Irish High Court referred the validity of the Standard Contractual Clauses used as a basis to transfer data and specifically whether they are compatible with the EU treaties to the EU Court of Justice. This is an amicus brief where we will appear on behalf of our client alongside the U.S. Government in making submissions before the EU Court of Justice.

Maximizing the Value of Intellectual Property

Our client, a major energy company, sought to maximize the value of its intellectual property while limiting its own liability in the treacherous waters of international patent disputes. Combining U.S. and EU regulatory expertise with a multi-jurisdictional strategy, our senior advisors and lawyers designed a corporate structure that would create and generate long term value with minimal risk to the parent entity.

Schneider Electric SA's sale of industrial software business to AVEVA Group

Represented Schneider Electric of France on CFIUS and related U.S. national security regulatory approvals in connection with the sale of its industrial software business to UK-based AVEVA Group and the acquisition by Schneider Electric of a majority interest in AVEVA Group, creating a leading engineering and industrial software company valued at approximately $3.88 billion.

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Brexit Task Force

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 ...

The Week Ahead in the European Parliament – Friday, October 23, 2020

Next week, Members of the European Parliament (“MEPs”) will gather in Brussels for committee meetings. Several interesting votes and meetings are scheduled to take place. On Monday, the European Parliament’s Committee on the International Market and Consumer Protection (“IMCO”) will vote on a resolution that calls on the Commission to establish a consumer ...

Contract Disputes Likely to Result from Brexit

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 ...

New era of FDI in the European Union – EU FDI Regulation now in full force and effect

On October 11, 2020, the EU FDI Screening Regulation (EU) 2019/452 – the “Regulation”) entered fully into force. The Regulation, which was approved and adopted in March 2019, establishes a framework for the screening of foreign direct investments (“FDI”) by EU Member States in which decision-making powers rest at the Member State level. Significantly, from...… ...

The Week Ahead in the European Parliament – Friday, October 9, 2020

Next week, Members of the European Parliament (“MEPs”) will gather in Brussels for committee and political groups’ meetings. Several interesting debates are scheduled to take place. On Monday, the Committee on Budgets (“BUDG”) and the Committee on Economic and Monetary Affairs (“ECON”) will both vote on a draft report on the Sustainable Europe Investment ...

Covington Promotes 14 to Partner Across Six Offices Globally

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 ...

Brexit Implications for European Litigation

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 ...

New Coronavirus Support Scheme For UK Workers

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 ...

German court extends legal redress options for pharma companies in the drug pricing and reimbursement system

On 10 September 2020, the German Federal Social Court (Bundessozialgericht – “BSG”) has issued an important decision with significant impact on the drug pricing and reimbursement system. It ruled that a pharmaceutical company can file a direct legal action against the early benefit assessment in the so-called AMNOG process. This was not possible so far....… ...

The Week Ahead in the European Parliament – Friday, September 25, 2020

Next week, Members of the European Parliament (“MEPs”) will gather in Brussels for committee and political groups’ meetings. Several interesting debates are scheduled to take place. On Monday, the Committee on the Environment, Public Health and Food Safety (“ENVI”) will have an exchange of views with Commission Vice-President Frans Timmermans on the 2030 ...

Brexit brinksmanship on medicines ‘risks lives,’ MEPs warn

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 ...

The Week Ahead in the European Parliament – Friday, September 18, 2020

Next week, Members of the European Parliament (“MEPs”) will gather in Brussels for committee meetings. Several interesting debates are scheduled to take place. On Monday, MEPs of the Foreign Affairs Committee (“AFET”) will have an exchange of views with China’s Ambassador to the EU, Ming Zhang. It is likely that MEPs will discuss the outcomes...… Continue ...

UK: new “world-leading” deforestation and ecosystem supply chain law

The UK Government recently announced that it is developing legislation that would make it illegal for large businesses operating in the UK to use certain commodities that have not been produced in line with local laws, and require in-scope companies to conduct due diligence to ensure that their supply chains are free from illegal deforestation...… Continue ...

Small businesses await coronavirus insurance appeal decision

Alex Leitch spoke with the Financial Times about a High Court landmark legal ruling in which insurers will cover the losses incurred by COVID-19 of UK small businesses. Mr. Leitch says, “The policyholders are likely to have suffered cash flow issues and any delay probably improves the leverage of insurance companies in terms of getting individual claims ...

UK Is Left out of EU Cooperation on Foreign Direct Investment, And Will Soon Be “Foreign”

Foreign Direct Investment Regulation 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 ...

UK Is Left out of EU Cooperation on Foreign Direct Investment, And Will Soon Be “Foreign”

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.

English High Court Awards Damages for Quasi-Defamation Data Claim

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 ...

The Week Ahead in the European Parliament – Friday, September 11, 2020

Next week, Members of the European Parliament (“MEPs”) will gather in Brussels for plenary sessions. Several interesting debates are scheduled to take place. On Monday, MEPs will debate on a draft Report on the System of Own Resources of the EU. According to the co-rapporteurs, MEP José Manuel Fernandes (PT, EPP) and MEP Valérie Hayeris...… Continue Reading

Anti-Corruption Trends and Developments in the EMEA Region

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 ...

Covington Names New Co-Chair of Data Privacy Practice Based in Brussels

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 ...

New Licensing Regulations to Import Agricultural Products into the EU: What Traders Should Know to Avoid Missing Quota Allocations in 2021

As of January 2021, many imports and exports of agricultural products covered by EU tariff quotas will be subject to the new licensing rules of Commission Delegated Regulation (EU) 2020/760 (“Delegated Regulation”) and Commission Implementing Regulation (EU) 2020/761 (“Implementing Regulation”) (together, “Licensing Regulations” or “Regulations”). The new ...

Facing a Profitability Crisis, Europe’s Banks Rush to Restructure

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 ...

English Court of Appeal Upholds Merrill Lynch's Reliance on ISDA Standard Terms

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 ...

EU's AI Regulations Could Lay Blame With CTO

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: ...

Developments in Coronavirus Insurance Coverage Litigation and Legislation

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 ...

The UK FCA’s Test Case Concludes – What Next For Policyholders?

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 ...

LIBOR Transition: A Step Plan for Businesses

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.

Pandemic Sparks Worries Of Market Abuse Crackdown

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 ...

Tears in the fabric

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 ...

High Court Ruling in the Altera v. Premier Oil Case: Implications for Commercial Contracts

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.

The Green Deal at the Border: Public Consultation on the EU Carbon Border Adjustment Mechanism Launched

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 ...

UK Government Considers New Foreign Agents Registration Act

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 ...

Return to Workplace: Privacy Considerations in Europe

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 ...

Business and Human Rights: What Companies Need to Know

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?

Life After the Privacy Shield Standard Contractual Clauses Get Tougher Requirements

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 ...

And the LOTW Runners Up Are...

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 ...

The European Commission Launches an Antitrust Sector Inquiry into the Sector of Internet of Things for Consumer-Related Devices and Services

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."

EU's Highest Court Upholds Standard Contract Clauses, but Strikes Down Privacy Shield

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 ...

Tech firms like Facebook must restrict data sent from EU to US, court rules

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 ...

Schrems II sparks data transfer chaos and confusion

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 ...

Top EU Court Strikes Down Popular Data Transfer Tool

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 ...

Covington Secures Win in High-Profile Multi-Billion Dollar UK Dispute

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 ...

Judge dismisses Quinn’s claims against Covington in complex Ukrainian wrangle

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 ...

BHR Client Alert: Uyghur Report

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 ...

Covington Helps airBaltic Secure EC Recapitalization Approval

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 ...

Reforms Abroad For Litigation Funders Raise Questions In UK

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 ...

Chinese law may require companies to disclose cyber-security preparations outside China

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 ...

Wirecard saga exposes cracks in German financial regulation

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 ...

Covington Represents Piramal in $490M Sale of Stake in Pharmaceutical Unit

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 ...

German Federal Government Adopts Draft Bill on Associations Sanctions Act

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 ...

Germany flexes its muscles on foreign investment

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 ...

Covington Achieves 2020 WILEF Gold Standard Certification in U.S. and UK

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 ...

UK expands public interest merger review powers

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.

EU foreign subsidy white paper leaves more questions than answers lawyers say

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 ...

German Federal Court of Justice Endorses Distressed Debt Traders and Confirms Unrestricted Right to Inspect Insolvency Files

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.

EasyJet Latest Firm to Face UK Data Breach “Class Action”

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 ...

Business and Human Rights: Global Developments

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, ...

Return to Workplace in Europe: Resource 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 ...

COVID-19 Corporate Update: Corporate Insolvency and Governance Bill – Governance Implications for UK Public Companies

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 ...

Creepy Technologies Invade European Post-Pandemic Workplaces

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 ...

7 Questions For Covington Disputes Co-Chair Louise Freeman

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.

Are you Acting “Responsibly and Fairly” in your Contractual Endeavours?

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 ...

Fund Redemption Risks and Directors’ Liability

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 ...

The UK FCA’s Statement On BI Insurance – What Does It Mean For Policyholders?

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 ...

COVID-19 German State aid for Private Equity-Backed Companies: in Principle Yes, But…

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 ...

English Law Challenges in Recovering Cryptocurrency Ransoms

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 ...

European Union Justice Commissioner Commits to Regulation on Corporate Human Rights and Environmental Due Diligence

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 ...

The EU Post-COVID-19: Regulating for Recovery and Revival

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 ...

COVID-19 and the Financial Regulation of English Football

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.

Vestager refuses to pause state aid rules

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 ...

New Legal Status of Cryptocurrencies under English Law

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 ...

CRRC/Vossloh cleared in Germany

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 ...

COVID-19 Set To Create Wave Of UK Fraud, Graft Prosecutions

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, ...

Mark Finucane Named to GIR 40 Under 40

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 ...

Navigating Virtual Brussels

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 ...

UK Government’s Future Fund to Support Innovative Companies Facing Financial Difficulties Due to COVID-19

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.

COVID-19 Corporate Update: UK Public Company AGMs

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) ...

Brussels call for European investment screening but Rome has its own plan

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 ...

COVID-19 Slows Pace Of Existing UK Investigations

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 ...

Remote ID Checks Leave Retail Finance Sector Open to Fraud

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.

COVID-19 Corporate Update: Capital Raising by UK Public Companies

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, ...

Experten über neue Investitionsregeln: „Misstrauen statt Vertrauen

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 ...

Surge in COVID-19 Related Fraud

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 ...

Banks severed from inaugural cum-ex trial could still face penalties

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.”

German State Aid Program and New German Law to Combat Effects of Covid-19

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 ...

European Commission proposes postponement of the new EU Medical Device Regulation and broadens Emergency Use Authorization Rules

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.

COVID-19—The Impact on English Football

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 ...

UK Government’s Coronavirus Financial Support for Businesses

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 ...

COVID-19: Changes to UK Insolvency Law to Support Affected Businesses

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 ...

COVID-19 Corporate Update for UK Public Companies

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 ...

COVID-19 Corporate Update: Signing and Closing Considerations for English Law Transactions

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 ...

Morrisons Ruling Leaves Door Open For Data Breach Suits

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” ...

Covington Advises Sitryx on Licensing and Research Collaboration for Immunometabolic Medicines

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 ...

Morrisons not liable for rogue employee data breach

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 ...

Covington Boosts Global Competition Team with London Hire

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 ...

The Coronavirus Job Retention Scheme – Guidance for Businesses with Employees in the UK

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 ...

From Legal Adviser to Crisis Manager: How Lawyers are Responding to Clients' Pandemic Panic

Dan Feldman spoke with UK Legal Week about managing the increased demand of client requests caused by coronavirus. According to Mr. Feldman, it is critical that his firm’s taskforce is structured to be responsive to evolving client needs. “While we might not know what they are at this moment, we have that dynamism to move into action,” he says.

European Commission issues guidance on Foreign Direct Investment enforcement during the Covid-19 crisis

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 ...

New German Legislation on Measures to Combat Effects of Coronavirus

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 ...

Disruption and non-performance of contractual obligations due to COVID 19 under German Law

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.

COVID-19: New EU and EU Member State Export Controls Measures

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 ...

Five Ways to Avoid Redundancies During The Coronavirus Crisis

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 ...

Big mergers face delays as regulators adapt to pandemic

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 ...

Significant Developments in U.S. and European Copyright Law: 2019 Annual Update

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 ...

Project Finance Team Joins Covington

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, ...

Organisations Engaging Contractors in the UK to Prepare for the New Off payroll Working Legislation

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 ...

COVID-19: Legal and Business Toolkit

Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are ...

The Brussels Effect—The EU’s Digital Strategy Goes Global

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 ...

Covington Represents Ukraine in Securing Favorable Ruling Under U.N. Law of the Sea Convention

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 ...

Video Series: Navigating Class Actions

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 ...

What You Need To Know About Insurance For The Coronavirus

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 ...

Brexit Day Marks a Beginning, Not an End

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 ...

Brexit and Data Protection - What Now for the UK?

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.

Brexit Implications for Litigation

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. ...

Sarah Cowlishaw Named to The Lawyer “Hot 100”

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 ...

Covington Named to GCR's Global Elite

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 ...

Covington Represents Piramal in $950M Sale of Healthcare Data and Analytics Company

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 ...

Covington Advises Illumina on Clinical Human Genome Sequencing Project

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 ...

ICO hits electronics retailer with maximum pre-GDPR fine

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 ...

European Commission takes cautious approach on AI liability

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 ...

Former UK trade minister: Risk of no-deal Brexit remains, but it’s unlikely

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 ...

AG Publishes Opinion on the Validity of the EU Standard Contractual Clauses

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.

UK Election Brings Certainty but Concerns Continue

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 ...

Covington Represents Merck In $2.7B Acquisition of Cancer Drug Developer

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 ...

U.S. Trade Representative Solicits Comments Regarding France’s Digital Services Tax

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.

Extension of UK SM&CR: Significant D&O Insurance Implications

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.

European Countries Reluctant To Challenge FATCA

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, ...

Covington Secures Decisive Victory For Ukraine Before the International Court of Justice

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 ...

US-UK Data Sharing Agreement Might Not Soothe Law Firms’ Cloud Concerns

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 ...

Covington Advises BenevolentAI on $90M Investment from Temasek

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 ...

DAC 6: Mandatory Disclosure Rules for Cross-Border Tax Planning Arrangements

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”.

Landmark Case Opens the Door to UK Data Protection Consumer Class Actions

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.

EU Cookie Ruling Tightens Leash On Ad Tech Staple

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 ...

Ukraine Oil Co. Can Seek Info In $2.56B Gazprom Award Fight

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 ...

Covington Promotes Its Most Diverse Partner Class Ever

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,” ...

Business and Human Rights Update

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 ...

The New European Commission 2019-2024

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 ...

Brexit: What’s Next?

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 ...

WirtschaftsWoche Names Covington Top IT Law Firm in Germany

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, ...

Serious Fraud Office Issues Cooperation Guidance

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, ...

5 Questions About Britain’s Minibond Regulatory Scandal

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 ...

National Crime Agency launches new Unexplained Wealth Order

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 ...

International Employment Law Update

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.

NCA Gets 4th Unexplained Wealth Order In Steady Ramp-Up

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 ...

The CJEU Rules that Companies Can Seek Orphan Status for a New Product Containing the Same Active Substance as an Existing Orphan Product

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.

New Tax Risks for Organisations Engaging Contractors in the UK from 2020

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.

EU’s Highest Court Hears Case on the Validity of the EU Standard Contractual Clauses

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 ...

Covington Represents BSA in Landmark Data Protection Case Before Europe's Highest Court

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 ...

Covington Named Transatlantic Arbitration Team of the Year

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 ...

Expert Q&A on the EU Cybersecurity Act

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 ...

Conducting Effective Internal Investigations in Africa

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.

Covington Represents Ukraine in Securing Order for Release of Servicemen and Naval Vessels

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 ...

A Populist Win Could Dull Europe's Appetite for Free Trade

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.”

Covington Represents Merck in $1.05B Acquisition of Peloton Therapeutics

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 ...

Covington Represents LifeArc in Landmark $1.297B Royalty Monetization

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 ...

English Competition Appeals Tribunal to Reconsider £14 Billion Class Action Against MasterCard

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.

Covington Boosts White Collar and Litigation Practice in Frankfurt

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 ...

Holder, Other Figures From World Stage Team Up at Covington

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 ...

Court ruling paves way for £14bn lawsuit against Mastercard

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.

CAT accused of conducting ‘mini trial’ in MasterCard CPO hearing

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 ...

UK tribunal ordered to re-examine class certification in MasterCard claim

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 ...

Covington Recognized with IJGlobal 2018 Awards

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 ...

Employment Law Update: German Federal Employment Court Implements ECJ Requirements on Forfeiture of Vacation Entitlement

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.

Covington Holds Fourth International Arbitration Academy

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., ...

Sebastian Vos Named Co-Chair of Global Blockchain Business Council Working Group

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 ...

The Brexit Headaches Keeping Partners Awake At Night

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, ...

CFTC paves way for no-deal Brexit swaps transfers

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 ...

Paid to persuade

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 ...

MPs Rule Out No-Deal Brexit Too Late For Corporate Britain

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.”

Hurdles Remain As UK Pushes On With AML Fighting Register

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 ...

Tight Budgets Hinder UK's Economic Crime-Fighting Efforts

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 ...

Covington Secures Victory for Naftogaz in Crimea Arbitration Against Russia

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 ...

Covington Advises Sensyne Health on Collaboration with Jefferson Health

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 ...

Frankfurt: Covington strengthens its new office with experienced antitrust lawyer

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.”

Maude: May Has No Choice but to Break Her Brexit Red-Lines

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 ...

German Government Further Tightens Foreign Investment Control

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.

Three Covington Articles Make the Concurrences Antitrust Writing Awards 2019 Shortlist

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 ...

The New EU Rules on Financial Penalties for Pharma Companies

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.

China Privacy Developments in 2018

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.

Covington Project Finance Deals Among Deals of the Year at 2018 PFI Awards

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 ...

Global Arbitration Review and WWL Recognize Covington's Arbitration Practice

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 ...

EU Framework for Screening Foreign Direct Investment Agreed in Principle

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 ...

Covington Boosts Public Policy Practice with Alexis Lautenberg

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 ...

'Brexit': Proposed Withdrawal Agreement Between the EU and the UK

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 ...

Inside the daring mission to rescue ancient artefacts from the bottom of the sea

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.

The Global 100 debate – Will stars or institutions define the law’s elite?

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 ...

Court of Appeal upholds 'surprising' Morrisons data leak ruling

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 ...

Study reveals leniency applications have not dropped

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 ...

Consultations on UK Medicines and Medical Devices Regulation in Case of a "No Deal" Brexit

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 ...

Covington Advises Investcorp on Acquisition of HR Software Provider

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 ...

Covington's Thomas Heymann Named Among Top IT Lawyers in Germany

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 ...

K&L Gates partner returns to Covington

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. ...

Disputes Eye: Hunting krakens – As finance and Russian work slows veteran litigators look to key trends and opportunities

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 ...

Litigation Luminaries

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 ...

British Irish Chamber calls for State supports to Brexit-proof Ireland’s agri-food sector

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 ...

Covington Advises Ziylo on Acquisition by Novo Nordisk

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 ...

Patent Litigation In The Netherlands: What You Need To Know

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 ...

Covington Advises Sensyne Health on IPO and Pioneering Strategic Agreements

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 ...

Three Covington Lawyers Named Among Law360's "Rising Stars"

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 ...

Covington Represents Emergent BioSolutions in $270M Acquisition

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 ...

A Step Along the Road to a Legally Binding Treaty on Business and Human Rights

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).

Covington Advises GSK on 23andMe Collaboration and $300M Investment

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 ...

What You Need To Know About Patent Litigation In Germany

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, ...

EU struggles to counter US sanctions on Iran

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.”

Why the EU will only extend the Brexit deadline for a second referendum

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 ...

Sarah Crowder Named to GIR's "Women in Investigations"

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 ...

Covington Advises Senvion Group on Global Outsourcing

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 ...

European Commission Launches New Antitrust Investigation into LNG Destination Clauses

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.

Covington Named Among Best Firms for Minority Lawyers and Partners

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 ...

European Union Amends Blocking Regulation in Effort to Counter Implementation of Certain U.S.-Iran Sanctions

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.

How Can We Make Best Use of Health Data?

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 ...

Covington’s Insurance Recovery Practice Wins Chambers "Award for Excellence"

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, ...

Post-Brexit Border solution could take years, says former EU negotiator

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 ...

Can New SFO Chief Recharge Agency?

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. ...

Covington Hosts Project Finance Master Class in Nairobi

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 ...

Tariffs Imposed on Steel and Aluminum from Canada, Mexico, and the EU

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.

GDPR Has Companies Big and Small Racing to Comply

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. ...

Chemical firms rush to meet final REACH regulation deadline

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.

US, Global Law Firms Look to Ireland for 'Brexit Insurance Policy'

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 ...

United States Re-Imposes Sanctions Against Iran: Impact on European Business

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.

English Court of Appeal Rejects High-Profile Challenge to Arbitrator

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 ...

United States Ends Participation in Iran Nuclear Deal, Re-Imposes Sanctions Against Iran

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 ...

United States Ends Participation in Iran Nuclear Deal, Re-Imposes Sanctions Against Iran

Covington Advises German Private Equity Fund on Medical Device Acquisition

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 ...

UK leader's position difficult if she agreed a deal close to EU customs union: Ex-lawmaker

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.”

Covington Advises Elbit Systems in $120 Million Acquisition

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 ...

BIA Head Attacks Rapporteur Reallocation, But Welcomes Further Clarity On Transition Period

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 ...

UK Proposals To Fight Workplace Sexual Harassment

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.

Covington Advises BenevolentAI on £80m Funding and Acquisition

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 ...

Covington Advises BenevolentAI on £80m Funding and Acquisition

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, ...

CQC report on online primary health services shows progress

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 ...

Covington Expands in EU With Opening Of Frankfurt Base

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 ...

What will happen on May 26? We asked Helen Dixon

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.

Irish Regulator To Eye Transparency In GDPR Enforcement

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 ...

Covington Opens Frankfurt Office

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 ...

Covington wades into Germany with Frankfurt launch

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 ...

Covington & Burling Absorbs German Firm for Frankfurt Launch

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 ...

Covington launches in Frankfurt as Dentons takes chunk of Australia player

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 ...

Covington’s Henriette Tielemans Receives Prestigious Data Privacy Award

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 ...

GDPR drives global privacy compliance now, but still unclear whether it will become de facto global standard, experts say

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 ...

Brexit Transition Deal Doesn't Remove Legal Risks For City

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 ...

London looks to African infrastructure and energy markets

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 ...

Covington Boosts Global Project Finance Offering with Senior Hires

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 ...

UK And EMA Could Work Together Informally After Brexit

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, ...

EU Reactions to the U.S. Steel and Aluminum Tariffs

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 ...

Covington hires Mizrahi and Berthelot

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 ...

Does the EU competition watchdog need a shorter lead?

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 ...

Covington: Drawing on Life Science Sector Depth to Tackle Complexity

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 ...

Transition period unlikely to threaten City of London

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 ...

English Court Considers Effect of Breach of Insurance Policy Warranty

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 ...

The five-minute management idea: wearable tech

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. ...

Increasing Pressure on Orphan Medicinal Product Designations in the EU

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 ...

Law360 Names Attys Who Moved Up The Firm Ranks In Q4

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.

UK Regulator to Enforce Mandatory Gender Pay Gap Reporting

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.

FCA's anti-competitive scrutiny is here to stay

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 ...

Fashion Brand To Pay $2.3M In Bangladesh Accord Deal

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

Second dispute under Bangladesh accord settles

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

Covington Represents Bacardi in Acquisition of Patrón Tequila

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 ...

DoH expands CQC healthcare quality rating powers

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 ...

International Trade Group of the Year: Covington & Burling

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 ...

English Banking Litigation: Top 10 Cases Of 2017

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 ...

Covington Named to GCR's Global Elite

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 ...

Competition Law Enforcement Trends in the U.S., Europe and China: Looking Ahead to 2018

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 ...

A bond dispute threatens the future of Islamic finance

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.

5 Cybersecurity And Privacy Policies To Watch In 2018

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 ...

Cybersecurity & Privacy Predictions For 2018

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 ...

Lord Maude: Expect Theresa May to still be PM in 2019

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 ...

Financial Times Names Covington to 2017 North America Innovators List

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 ...

Covington Represents Autifony Therapeutics in Collaboration and Option Deal with Boehringer Ingelheim

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 ...

Global Mobility Update

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.

Brexit Summit

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 ...

Britain Gets OK To Start Negotiating Exit With European Union

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 ...

The Brexit battle over food

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.”

The EU List of Non-Cooperative Tax Jurisdictions: Implications for Global Businesses

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 ...

Five Takeaways from the 2017 UN Forum on Business and Human Rights

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.

Luxury Goods Manufacturers May Block Certain Online Sales on Third-Party Platforms

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 ...

Brexit: EU and UK battle over ‘an accession in reverse’

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.”

The view from the Summit – Part Two

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 ...

The view from the Summit – Part One

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, ...

Basel concession strengthens U.S. opposition to NSFR

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 ...

EC official says Intel judgment on meeting notes not to impact cartel cases

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.”

Pro bono: Never enough

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 ...

Miranda Cole Named Among Politico's "Women Who Shape Brussels"

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 ...

European approvals face delay from agency move

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 ...

Covington Named Best Competition Firm at Belgian Legal Awards

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 ...

Andriukaitis: Supporting drug innovation is 'the only way'

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 ...

EU Legal Opinion In Roche/Novartis Case Has Competition And Licensing Implications

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 ...

Here Comes the Real Brexit Fight Over Cash

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."

Criminal and civil intertwined

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 ...

UK Financial Conduct Authority Makes First Market Investigation Reference

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 ...

The EU Gets Serious About Cyber: The EU Cybersecurity Act and Other Elements of the "Cyber Package"

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

Covington Boosts Global Public Policy Practice with Arrival of Sir Michael Leigh

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 ...

Juncker’s one-president proposal draws few cheers

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 ...

Covington launches trainee secondment to Brussels

Hilary Prescott is quoted by The Lawyer in an article regarding Covington's new program in London which sends a trainee to the Brussels office for six months to work on EU competition law. According to Prescott, "We are excited to be constantly evolving the trainee programme, to keep up with the growth of our business in London and globally.”

Intel wins review of EU's euro 1bn antitrust fine

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."

EU Intel decision bolsters tech cos.' antitrust defences

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 ...

ECJ Intel judgment burdens EC, lends respite to dominant entities

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 ...

ECJ: General Court must consider Intel arguments for rebates

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 ...

Spying on Worker Emails Gets New Hurdle in EU Court Ruling

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 ...

ECtHR backs employee over workplace communications monitoring

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 ...

EU Court Reverses Ruling On Employee Chat Surveillance

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 ...

China Seeks Comments on Updated Draft of Cross-Border Data Transfer Security Assessment Standard

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 ...

POLITICO Brussels Playbook: UK Brexit 'fairy tale' —Theresa May's pink line — Italy's Northern League goes soft

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)."

Arbitration panel proposed for post-Brexit dispute resolution

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."

Brexit Bulletin: ‘Confused and Puzzled’

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 ...

Blueprint for the Future of UK Payments

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, ...

EU Insists on Orderly Brexit as UK Battles for Upper Hand

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 ...

Recent Cases on E-Mail "Spoofing" Coverage Highlight the Impact of Specific Crime Policy Wordings

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 ...

Covington Advises Aristocrat in Acquisition of Plarium and Related Acquisition Financing

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 ...

The Morning Risk Report: More Data Security Compliance on EU Horizon

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."

Covington Represents IFM Therapeutics in $300 Million Sale of Assets to BMS

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 ...

UK data laws enter Facebook era

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 ...

UK Imposes New Sanctions Disclosure Obligation on Legal Professionals, Certain Other Businesses

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.

Spain's 'veto' over Brexit deal for Gibraltar could be illegal

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 ...

Spanish Flour Production Cos. Win $490M From Venezuela

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 ...

Congress Adopts Significant New Sanctions Against Russia, Iran, and North Korea

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 ...

Covington Represents Australian Medical Research Institute in Landmark Royalty Monetization

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 ...

UK Government’s negotiating position on CJEU seen lacking, legally unsound

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 ...

EU wants power to impose huge fines on Britain for years after Brexit

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 ...

Covington Secures State Aid Victory for the Belgian State in Nuclear Guarantee Scheme

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 ...

What Brexit means for drug regulation

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 ...

Covington Advises Central European Media Enterprises on $262.2 Million Deal

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 ...

A Review of Modern Working Practices in the UK

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.

Legal teams rally to defend the rule of law

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 ...

Covington Lawyers Win Three “Europe Women in Business Law Awards"

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, ...

U.K.’s Serious Fraud Office’s Future Still Foggy Despite May’s Defeat

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. ...

Special Coverage: The UK Decides

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 ...

Comment: Licensing drugs post-Brexit amounts to surmountable administrative task

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 ...

New court members, an addition to its board and a ‘robust’ 2016 caseload marks an acceleration in pace for the London Court of International Arbitration.

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 ...

Allan Moore Appointed to London Court of International Arbitration

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 ...

Are You Ready for the GDPR? A Practical Checklist for Employers

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 ...

China Releases Near-final Draft of Regulation on Cross-border Data Transfers

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 ...

European Commission Proposes New Powers to Request Confidential Information From Companies and Trade Associations

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 ...

The Brexit Club featuring Barclays, Cambria Automobiles and Gear4music

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 ...

Brussels sidesteps calls to block unwanted foreign takeovers

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 ...

Covington to Open South Africa Office

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 ...

Covington announces Johannesburg opening with Chadbourne hires

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 ...

Policyholder Right to Damages for Late Payment Comes Into Force in England

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 ...

Team of Chadbourne partners opt against Norton Rose merger to launch two offices for Covington

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 ...

Covington hires Chadbourne quartet ahead of office launches

Timothy Hester and Graham Vinter are quoted by The Lawyer in an article regarding the expansion of Covington's Project Finance practice with the arrival of four new partners and the opening of offices in Dubai and Johannesburg. According to Hester, “We have been looking to build our project finance team for a long time." He adds, "This group became available to ...

Covington Expands into Dubai and Jo'burg

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 ...

Covington Opens Two New Offices After Adding Chadbourne Team

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 ...

Where lawyers and experts meet

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 ...

Snap election: Conservatives seek stronger mandate for Brexit negotiations

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 ...

Lawmaker Tries To Unshroud Furtive Economic-Crime Review

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.”

China Seeks Public Comments on Draft Regulation of Cross-Border Data Transfer

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).

Brexit: What's Next

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 ...

Class Certification in the UK: The Model Is Canada, Not the U.S.

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 ...

Covington Holds Second International Arbitration Academy

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 ...

UK Government Outlines Plan for Initial Continuation of EU Law in Post-Brexit UK Law

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 ...

Expect Clear Brexit Negotiating Positions by the Summer

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.”

Tesco DPA shifts landscape for shareholder redress

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 ...

The Morning Risk Report: Pondering Compliance With Potential Economic Crime Law in U.K.

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 ...

Brexit's Impact on Businesses

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 ...

UK Triggers Brexit Process

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 ...

SFO Marches On With Another DPA As US Parallels Emerge

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 ...

EU Adopts Final Regulation On Importation of Conflict Minerals

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 ...

Covington Advises AstraZeneca on Strategic Collaboration with Circassia

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 ...

President Issues Narrower Executive Order on Immigration

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 ...

Becoming Clean #6: W. Andrew Jack

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 ...

Springing forward into a bright future

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 ...

SFO's Deferred Prosecution Hunt May Hit Dead End With City

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 ...

Update for Employers on the Immigration-related Executive Order

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 ...

Two Birds doubles down on disputes

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 ...

Trump’s Deregulation Agenda: 4 Things For City Attys To Know

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 ...

KWM London's former head of fraud and investigations joins Covington

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, ...

UK Government Outlines Brexit Strategy in Official White Paper

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.

New Year, New Job: Top Lateral Litigator Moves in January

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.” Alex ...

English Courts Construe Condition Precedent Claims Notification Clause Narrowly

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 ...

White Collar and Fraud Specialist Joins Covington’s European Practice

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 ...

Navigating anti-competition enforcement globally

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 ...

Brexit: mutual recognition hope for lawyers

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 ...

Practical Considerations for Employers on the Immigration-related Executive Order

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 ...

Banks Face Cybercrime Wave As Tougher Regulations Loom

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 ...

UK Supreme Court Rules That UK Government Can Only Trigger Process of Withdrawal from EU with Parliamentary Legislation

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 ...

Crystal Ball Department: Law Firms Line Up to Offer 2017 Litigation Predictions

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 ...

FTSE giants launch GC network to tackle rule of law failures

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 ...

Brexit Immigration Update

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 ...

Competition Law Enforcement Trends in the U.S., Europe and China: Looking Back at 2016 and Ahead to 2017

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,” ...

Business and Human Rights Update

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 ...

Covington makes KWM competition hire

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 ...

2 Disputes Lawyers Move To Covington Amid KWM Collapse

Alex Leitch and Jeremy Wilson are quoted in a Law360 article regarding the arrival of Craig Pollack and Louise Freeman to the firm’s European Dispute Resolution practice. According to Leitch and 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, ...

Covington Boosts Dispute Resolution Practice in London with Two Partners

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 ...

Stay Of Execution In EU For Environmental Shortfall Devices

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 ...

EC Plans to Lift Resale, Marketing Deadline for Non-Compliant Devices

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 ...

EU to pay damages in first excessive length case

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 ...

Fintech Startup, Covington To Launch Blockchain Council

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,” ...

Financial Services Regulation And Legislation To Watch In 2017

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 ...

Covington Receives M&A Atlas Award for Cross Border Deal of the Year

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 ...

First Antitrust Class Certification Hearing in the UK: The Revolution Postponed?

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.

Workplace Health Schemes Endorses The Use Of Wearable Technology

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.

A New Foreign Investment Regime in the UK

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 ...

EU citizenship deal for British nationals has no chance, say experts

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 ...

Revised Gender Pay Reporting Regulations Published in the UK

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 ...

Global Enforcement of the Nagoya Protocol in Life Sciences Industries

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 ...

English High Court Issues Substantial Ruling Regarding Section 203 Termination of U.S. Copyright Grants Made Under English Law

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 ...

Two Covington Partners on GCR’s Women in Antitrust List

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 ...

SEC Enhances Exemptions for Local Offerings

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 ...

POLITICO Brussels Influence: ECJ goes green — Data-driven lobbying — Brexit and health care

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 ...

FCA Publishes Its Interim Report on Its Asset Management Market Study

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 ...

CJEU Adopts Broad Interpretation of Emissions Information That Authorities Must Disclose

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.

ECJ ruling on document access rattles chemical, pesticide industries

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.”

Wearable technology: gathering data from tooth to toe

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 ...

Council’s Mr. Fix-It will hit the ground running when Brexit horse trading begins

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.”

Brexit ruling “only adds to uncertainty” in the UK food industry

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 ...

POLITICO Pro Morning Health Care, presented by Lilly: Brexit wobble — WHO DG candidates compete

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 ...

Spanner In Works For UK Gov’t’s Brexit Plans; Industry Looks To Ongoing Talks With Ministers

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 ...

High Court Rules That UK Government Does Not Have Power to Trigger Process of Withdrawal from EU Without Parliamentary Approval; Case Likely to Go to Supreme Court in December

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.

Criminal Finances Bill and UK Home Office Response Published

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 ...

Covington Represents India-Based Healthcare Company in Acquisition

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 ...

The European Commission's Preliminary Report and Public Conference on the E-commerce Sector Inquiry

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 ...

Brexit: Love It or Hate It—The Contractual Aftershocks, Part 2

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.

Former UK Minister for Trade and Investment Joins Covington

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 ...

Lord Francis Maude appointed by Covington as senior advisor for public policy

Timothy Hester and Lord Francis Maude are quoted in a PR Week article regarding Maude’s recent arrival. According to Hester, “The results of the Brexit referendum will continue shaping the commercial and regulatory realities of the global economy for some time to come. As the world’s businesses, diplomats and regulators grapple with the new landscape across ...

Thirteen partners – and a peer

CDR News highlighted the promotion of 13 Covington lawyers to partner, as well as the arrival of Lord Francis Maude in London as a Senior Advisor in the firm’s Public Policy and Government Affairs practice. According to firm chair Timothy Hester, “Our new partners reflect the excellence, strengths, and diversity of the firm and will play important roles in the ...

Covington Advises AstraZeneca on Divestment of Rights to Rhinocort Aqua

LONDON—Covington advised AstraZeneca on its agreement with Cilag GmbH International, an affiliate of Johnson & Johnson, for the divestment of the rights to Rhinocort Aqua outside the U.S. Rhinocort Aqua is a nasal spray indicated for allergic and non-allergic rhinitis (inflammation of the inside of the nose), and for the treatment of nasal polyps (swelling of ...

Vantage point – What Brexit means for life science funding and strategy

Grant Castle is quoted in an EP Vantage article regarding the effect of Brexit on life science funding and strategy. According to Castle, “Particularly if the UK heads for a ‘hard Brexit,’ the UK will be a less attractive venue for investment by pharma. It’s one of the sad side effects of all this.”

PM May's Tough Talk On Brexit Dims Banks' Passport Hopes

Carlo Kostka is quoted in a Law360 article regarding British Prime Minister Theresa May's speech which indicated that the financial services sector should prepare to lose the passporting rights that make it easier for UK-based firms to do business across the EU. According to Kostka, "She's setting out a negotiating position that seemed harder than softer, which ...

Covington Promotes 13 New Partners

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

EU commission still refuses UK talks before Article 50 triggered

Ambassador Jean de Ruyt is quoted in an article by The Guardian regarding the European Commission’s rejection of Theresa May’s call for preparatory talks on Brexit before the UK’s formal resignation from the EU. de Ruyt suggests there was a “grey area” where informal talks could happen, but governments will not start negotiations with the UK without notification ...

New Law Will Open Up French Market to eSports Contests

Provisions of a new French law, adopted on September 28, 2016, will loosen France’s rules around videogaming contests in France, and lay down new labor regulations for professional gamers. For now, clients ought to exercise significant caution before arranging French eSports contests or entering into contracts with professional gamers in France. Even after the ...

Covington Boosts Project Finance Capability with London Hire

LONDON—Graham Vinter, General Counsel of BG Group plc from 2007 until 2015, has joined Covington’s London office. Mr. Vinter will chair the firm’s Project Finance practice and supervise an expansion of the firm’s capabilities in this area. At BG Group, Mr. Vinter was a member of the Group Executive Committee and reported to the Chief Executive Officer. He was ...

Vinter is coming: Covington boosts projects offering as former BG GC returns to private practice

Timothy Hester and Graham Vinter are quoted in a Legal Business article regarding Vinter’s arrival as chair of Covington’s Project Finance practice. Hester describes Vinter as a “veteran of the project finance industry [who] is highly respected worldwide for his unparalleled knowledge of the sector.” He adds, “We see an opportunity at Covington to build a ...

Ex-BG Group legal chief Vinter joins Covington as head of project finance

Timothy Hester and Graham Vinter are quoted by The Lawyer in an article regarding Vinter’s arrival. According to Hester, Vinter’s hire was “an opportunity to build a leading projects practice that also provides synergies with other parts of the firm – in particular, arbitration, government affairs, tax corporate, IP and energy regulation.” Vinter adds, ...

Ex-BG general counsel Vinter to join Covington & Burling in London

Timothy Hester and Graham Vinter are quoted in a Legal Week article regarding Vinter’s recent arrival. According to Hester, "We see an opportunity at Covington to build a leading projects practice that also provides synergies with other parts of the firm - in particular, arbitration, government affairs, tax, corporate, IP, and energy regulation. As we move along ...

Covington Snaps Up Project Finance Veteran In London

Timothy Hester and Graham Vinter are quoted in a Law360 article regarding Vinter’s recent arrival as chair of the firm’s Project Finance practice. According to Hester, “Graham is a veteran of the project finance industry and is highly respected worldwide for his unparalleled knowledge of the sector.” He continues, “We see an opportunity at Covington to build a ...

Highest EU Court Rules on Ban to Market Cosmetics Tested on Animals

On September 21, 2016, the Court of Justice of the EU (CJEU) delivered its judgment in Case C-592/14 European Federation for Cosmetic Ingredients v UK Secretary of State for Business. The Court has ruled that animal tests performed outside the European Union (EU) to comply with non-EU rules should not be used for the product safety assessment to gain access to ...

Covington Second Circuit Victory Named Most Important Case of the Year by GIR

WASHINGTON—Global Investigations Review has named the Microsoft warrant access case as the winner of the “Most Important Court Case of the Year.” Covington served as co-counsel to Microsoft and helped secure a landmark win in the U.S. Court of Appeals for the Second Circuit. GIR also ranked Covington among the top 15 investigations practices in the world in its ...

British Clout Over EU Banking Rules Already Fading

Carlo Kostka is quoted in a Law360 article regarding the UK’s diminishing influence over EU banking regulation following the Brexit vote. According to Kostka, "There's a broad concern that the expertise of the UK has been very positive to the EU's financial rulemaking in general.” He continues, “So to the extent that that's taken away by definition because the ...

UK Modern Slavery Act Initial Reporting Deadline Expires

In 2015, the UK government introduced a requirement for certain companies to make annual statements on action taken to eradicate slavery and human trafficking from their businesses and suppliers. The publication deadlines for the first organisations caught by the rules expire in September and recent statements issued by businesses across a variety of sectors ...

Covington recruits in London

Greg Lascelles and Alex Leitch are quoted in a Global Arbitration Review article regarding Lascelles’ recent arrival to Covington. “I am very excited to join this growing team,” says Lascelles. According to Leitch, the financial services sector attracts significant client demand and Lascelles’ arrival is a “welcome addition” to the practice.

Lundbeck Loses Appeal Against ‘Pay-For-Delay’ Decision

The General Court (the “GC” or the “Court”) delivered its judgment in the Lundbeck ‘pay-for-delay’ case last Thursday (Case T-472/13 Lundbeck v Commission). In its judgment, the GC confirms the European Commission (the “Commission”)’s decision (the “Decision”), namely that the agreements between Lundbeck and the generic producers (Merck KGaA/Generics UK (“GUK”), ...

Greg Lascelles Joins Covington’s European Dispute Resolution Practice

LONDON—Greg Lascelles has joined Covington as a partner in the European Dispute Resolution practice resident in the firm’s London office. Mr. Lascelles has a broad litigation and arbitration practice covering a variety of industry sectors, with a particular focus on financial services. He advises hedge funds, private equity houses, asset managers, investment ...

Moving Forward and Looking Back

Daniel Spiegel is quoted in a Corporate Counsel article regarding significant changes that occurred in the global marketplace while Paul Dudek was head of the SEC’s Office of International Corporate Finance for 23 years. Spiegel, commenting on “Smaller Companies/Emerging Markets,” says that the growth of emerging markets entering the global economic and trading ...

4 Ways Brexit Could Affect the Supplement Industry

Brian Kelly is quoted in a Nutritional Outlook article regarding the ways Brexit could affect the supplement industry. According to Kelly, “If the UK went down a Norway or EEA model approach, it’s very unlikely that there’d be any material change to the legal position.” He continues, “The UK’s implementation of EU existing food law would remain valid and the UK ...

UK Insurance Act 2015 Comes Into Force

The Insurance Act, which received Royal Assent and became law in the United Kingdom in February 2015, has now come into force: it applies to all insurance policies entered into on or after August 12, 2016, including renewals, and to all variations to existing policies made on or after that date. As previously reported, the Act contains the most significant ...

European Regulators: Brexit's Effect On FDA Inspection Pact With EU Unclear

Grant Castle is quoted in an FDA Week article regarding the likelihood that the UK will remain part of the Mutual Reliance Initiative between the U.S. and EU. "If the UK does Brexit, but executes the European Economic Area (EEA) Agreement, as Norway, Iceland and Liechtenstein have done, it would continue to implement all new EU pharmaceutical rules and ...

Brexit: The Impact on Financial Services

The UK is currently the largest financial centre in the European Union (“EU”). A large number of global financial institutions have a presence in the UK, both in order to participate in the UK financial market and also as a hub to access clients and markets across the EU. Whatever form Brexit takes, it will have an enormous impact on the financial services ...

Brexit: The Contractual Aftershocks

While the UK’s decision to leave the EU could bring about significant changes to the UK’s legal and economic landscape, we cannot yet know how wide-ranging these changes will be. It is generally agreed that the changes will be fairly dramatic if the UK is unable to negotiate a deal that will maintain its access to the single market, or if the eventual deal ...

Coates: EEA vs EFTA will dictate Brexit’s effect on antitrust

Kevin Coates participated in the American Bar Association’s criminal antitrust conference and is quoted in a GCR article regarding the effects of Brexit on antitrust. According to Coates, the effects of Brexit on competition law will only be felt if the United Kingdom decides it wants an economic relationship with the European Union different from one created by ...

EC truck cartel case signals policy change- ABA event

Kevin Coates spoke at an American Bar Association webinar entitled “Cartel and Criminal Practice Update” and is quoted in a PaRR article regarding the significance of the European Commission’s July truck cartel decision. According to Coates, this is the first case in which the EC issued a normal procedure statement of objections (SO) to parties, and then agreed ...

Covington Forms Cybersecurity Incident Response Team

WASHINGTON—Covington has formed an enhanced team of lawyers and advisors to provide cybersecurity incident response services to clients, highlighted by Stephen Surdu, who formerly led the professional services group of Mandiant, joining the team as a Senior Cybersecurity Advisor. Through the formation of the Cybersecurity Incident Response Team with members on ...

Covington Represents MRCT in Royalty Monetization Deal

NEW YORK—Covington advised Medical Research Council Technology, a UK-based independent life science medical research charity, in its sale of a portion of the royalty stream associated with its cancer drug Keytruda® for $150 million (£115.6 million). Keytruda® (pembrolizumab), is a new generation treatment which stimulates the body’s immune system to fight ...

The EU-U.S. Privacy Shield: What’s New and What’s Next?

At a joint press conference on July 12, 2016 in Brussels, EU Commissioner for Justice, Consumers and Gender Equality, Věra Jourová and the U.S. Secretary of Commerce, Penny Pritzker, presented the Privacy Shield (see Press Release here, Adequacy Decision text here, Annexes here, Communication here, and Q&A factsheet here). The press conference followed the ...

KWM litigation partner follows ex-head to Covington & Burling

Alex Leitch is quoted in a Legal Week article regarding the upcoming arrival of Greg Lascelles as a partner in the firm’s European Dispute Resolution practice. “Greg’s arrival will be another welcome addition to an already vibrant practice,” Leitch says. According to Leitch, “Financial services remains an active sector that attracts a lot of demand from our ...

Securities litigator Lascelles latest to exit King & Wood Mallesons

Alex Leitch is quoted in a Legal Business article regarding Greg Lascelles’ upcoming arrival to Covington as a partner in the firm’s European Dispute Resolution practice. According to Leitch, “Financial services remains an active sector that attracts a lot of demand from our clients across a variety of disciplines, including antitrust litigation, commercial ...

Germany’s Proposal to Introduce “size-of-transaction” Merger Review Thresholds Steps up Wider European Debate over Acquisitions of Start-ups

On July 1, 2016, the German Federal Ministry of Economic Affairs and Energy published a proposed draft amendment to the German Act against Restraints of Competition, which would introduce a new merger control notification threshold based on transaction value. The draft (i) introduces a new merger control notification threshold based on transaction value, (ii) ...

Impact of Brexit on EU Medical Devices Regulation and Structures

The UK recently voted to leave the European Union in an advisory referendum. The impact of Brexit on medical devices regulation in the medium-to-long term will very much depend on the form a post-Brexit UK will take, the relationship that the UK chooses to have with the EU, and indeed the relationship that the EU is willing to accept. That will not become clear ...

Courts face long-term Brexit questions

Peter Camesasca and Alex Leitch are quoted in a CDR article regarding the long-term effects of Brexit on the courts, including uncertainties over enforcement. According to Camesasca, “This will not be immediate. Companies are not making any immediate decisions about litigation in the wake of the Brexit vote. Most are in ‘wait and see’ mode.” He continues, “But ...

UK science brains seek truce after Brexit

Grant Castle is quoted in a Politico article regarding Britain’s desire to continue its dominance in health research. Commenting on the possibility of having Britain stay in the single market, Castle says, “I don’t think that’s a practicality now.” He continues, “I would think that access to the country would be tightened…given the strength of feeling on ...

Covington Continues Expansion of European Capabilities

BRUSSELS—With the latest addition of Ambassador Péter Balás, Covington has further enhanced its global Antitrust and Competition and Public Policy and Government Affairs practices. The firm’s strategic growth in Europe includes the addition of the following professionals in recent months: Ambassador Péter Balás, the former Deputy Director-General of DG ...

Impact of Brexit on Food and Drink Regulations

Last week, the UK voted to leave the European Union in an advisory referendum. The impact of Brexit on food and drink regulation in the medium-to-long term will very much depend on the form a post-Brexit UK will take, the relationship that the UK chooses to have with the EU, and indeed the relationship that the EU is willing to accept. That will not become clear ...

UK Tax Code Could Entice Companies

Johan Ysewyn is quoted in a Wall Street Journal article regarding the possibility that the UK could alter its tax code to entice businesses following the Brexit vote. According to Ysewyn, “The temptation will be very high to bail out of the EU state aid rules…It would be nice [for the UK] not to have to deal with the whole Brussels layer.”

Brexit: Employment Law Considerations

Following the vote by the United Kingdom in an advisory referendum to leave the European Union (“EU”), there is no immediate change to employment law in the UK. Assuming that the referendum decision is put into effect (which still appears to be subject to significant political, legal and practical obstacles), the extent of any future changes will of course ...

Drugmakers Ensnared in Brexit Seek Sway Over Medicine Cabinets

Grant Castle is quoted in a Bloomberg article regarding the implications of Brexit on the future of the pharmaceutical industry and the drug approval process. According to Castle, the best that the UK regulator could hope for would be an observer status on European Medicines Agency committees. That loss of influence could make the UK less appealing, because it ...

A New Chapter for Non-GAAP Financial Measures

The SEC’s Division of Corporation Finance (the “Division”) recently issued updated interpretive guidance on the use of non-GAAP financial measures. This guidance reflects an increasingly assertive position taken by the SEC in recent months regarding public companies’ use of numerical measures of performance, financial position or cash flows that are not ...

Brexit Leaves U.S. Regulatory Attorneys With Many Questions

Grant Castle is quoted in a Legal Intelligencer article regarding the regulatory impact of Brexit. Commenting on the Food and Drug sector, Castle says, “The UK will inevitably diminish in significance when it comes to the regulation of pharmaceuticals and a venue where drug companies are going to want to be based. Historically, U.S. companies wanted to operate ...

Impact of Brexit on Pharmaceutical Regulations and Structures

Last week, the UK voted in an advisory referendum to leave the European Union. The next steps are not yet clear, but the referendum may have significant implications for the pharmaceutical industry in the UK and for international companies operating in the UK. Its impact will very much depend on the form a post-Brexit UK will take, the relationship that the UK ...

‘Painful…power vacuum’ coming for European Medicines Agency

Grant Castle is quoted in a Politico article regarding the effect of Brexit on the future location of the European Medicines Agency. Castle predicts that the EMA is inevitably going to leave the UK. “Given the strength of feeling on immigration,” it looked unlikely the country would opt for a European Economic Area relationship, since that would mean continuing ...

Market Abuse, Data Privacy Amid Concerns in Post-Brexit Shock

Louise Nash is quoted in a Wall Street Journal article regarding concerns raised following the Brexit vote. “The message we’re sending to our clients is that this is a hugely significant decision and will have great implications for the UK and for businesses that operate in the UK but…until the UK negotiates terms [to exit the EU], it is business as usual, our ...

UK Votes to Leave the EU

The UK has voted to leave the European Union in an advisory referendum. 52% leave - 48% remain. Were the UK to leave the EU, this would have significant implications for the UK and for international businesses operating in the UK. The longer term impact of the decision on the regulatory framework for the UK will depend, in part, on the relationship that the UK ...

Regulatory Change Slow and Slight in Case of Brexit

David Lorello is quoted in a Wall Street Journal article regarding the possible regulatory changes that may come as a result of Brexit. According to Lorello, commenting on potential changes to the sanctions regime, “If the UK leaves the EU, it may no longer be required to implement those sanctions, but it all depends on how Brexit would be negotiated.”

Covington Represents Tencent in $8.6 Billion Acquisition

SILICON VALLEY—Covington advised Tencent Holdings Limited, a leading provider of internet service in China, in connection with its acquisition of a majority stake in Supercell from SoftBank. A consortium established by Tencent will acquire up to 84% of Supercell for $8.6 billion in a transaction valuing Supercell at approximately $10.2 billion. Supercell is a ...

Covington Lawyers Win Four “Europe Women in Business Law” Awards

LONDON—Euromoney Legal Media Group has selected four 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, ...

Former Deputy Director-General of DG Trade Joins Covington

BRUSSELS—Ambassador Péter Balás, the former Deputy Director-General of DG Trade at the European Commission between 2005 and 2014, has joined Covington as a Senior Policy Advisor. Recently Ambassador Balás also held the position of Head of the Support Group for Ukraine at the European Commission. He was previously Ambassador and Permanent Representative of ...

Covington Advises Underwriters in Life Sciences Debt Offering

NEW YORK—Covington advised the underwriters in connection with Repligen’s $115 million debt offering. The senior convertible notes due in 2021 were placed at 2.125 percent. Repligen is a bioprocessing company focused on the manufacture of Protein A ligands used by life science companies to purify biologic drugs such as monoclonal antibodies, recombinant ...

Covington Named One of America’s Best by Corporate Board Member

NEW YORK—Corporate Board Member magazine has once again named Covington to its list of the top 25 corporate law firms. The “America’s Best Corporate Law Firms” survey asks directors and general counsels at publicly traded companies to identify the firms they would most likely retain for a variety of legal matters. “Covington is proud that we are regarded by our ...

Further Scrutiny of UK’s Serious Fraud Office Calls for Funding Review

David Lorello is quoted in a Wall Street Journal article regarding a recent call to review the UK Serious Fraud Office’s (SFO) funding model after increased scrutiny of the SFO’s governance structure. According to Lorello, “The blockbuster funding has been a matter of significant public attention for some years now." He continues, “As with many government ...

Covington attracts Prime Ministerial material

Timothy Hester, Carl Bildt, and Sebastian Vos are quoted in a CDR News article regarding the arrival of Carl Bildt as a Senior Policy Advisor in the firm’s global Public Policy and Government Affairs practice. According to Vos, “In ever more complex regulatory regimes, the implementation of such regulation will often be very important. In this context, what the ...

Roundtable: Insurance Act 2015

Alex Leitch and Carlo Kostka participated in a roundtable with The Law Society Gazette regarding the UK Insurance Act 2015. Leitch, pointing at “fair presentation,” a grey area in the new legislation, said a policyholder will want to make sure that they have “discharged the duty of giving a fair presentation of the risk which is going to be ...

Former Prime Minister of Sweden Carl Bildt Joins Covington

BRUSSELS — Carl Bildt, the former Prime Minister of Sweden, has joined Covington as a Senior Policy Advisor in the firm’s global Public Policy and Government Affairs practice. Most recently, Mr. Bildt served as Sweden’s Minister for Foreign Affairs between 2006 and 2014. As Prime Minister of Sweden, Mr. Bildt led the government that negotiated and signed ...

Policyholders Gain Right to Damages for Late Payment

On May 4, 2016 the Enterprise Act received the Royal Assent and became law in the UK. Once its relevant provisions come into force on May 4, 2017, it will introduce for the first time into English law a right for policyholders to recover damages for late payment of insurance claims from insurers (Scottish law already recognizes an implied obligation for an ...

UK would lose two pharma bodies in event of Brexit, lawyers warn

Peter Bogaert and Grant Castle are quoted in a Financial Times article regarding the effect Brexit would have on the UK pharma industry. According to Bogaert, commenting on the important relationship between the European Medicines Agency and the UK’s Medicines and Healthcare Products Regulatory Agency, “Brexit would be a loss for both sides.” Castle adds that ...

A good time to be a mining lawyer?

Theodore Garrett is quoted in this Mining Journal article looking at the landscape of the mining industry for lawyers. According to Garrett, “The industry seems to be poised for a recovery as markets stabilise around the world. Mining projects have a long time horizon, and our clients are in the process of developing a number of important projects.”

Covington Launches International Arbitration Academy

NEW YORK — Covington has partnered with Columbia Law School and its Center for International Commercial and Investment Arbitration to launch 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 will consist of training followed by practical exercises and live feedback ...

The New FCPA Pilot Program: What Will It Mean In Practice

On April 5, 2016, the United States Department of Justice (“DOJ”), through the Criminal Division’s Fraud Section, announced a one-year Foreign Corrupt Practices Act (“FCPA”) enforcement pilot program (the “Pilot Program”) intended to motivate companies to voluntarily disclose FCPA-related misconduct and increase transparency around the Fraud Section’s approach ...

Former DG COMP State Aid Official Sophie Bertin Joins Forces With Covington's EU Competition Practice

BRUSSELS — Sophie Bertin, a former senior official who served as Head of Unit in the “Financial Crisis” Task Force within the Directorate-General for Competition at the European Commission, has joined forces with Covington’s global antitrust and competition practice. Ms. Bertin will be working with the firm’s Brussels and London offices. At DG COMP, Ms. Bertin ...

Gender Pay Gap: Mandatory Reporting Required in the UK

Latest figures suggest that women in the UK still earn on average 20 percent less than men. Companies that fail to address gender pay differences will be highlighted in league tables under the new Gender Pay Gap Regulations. The draft regulations require private employers in the UK to collect and publish information showing differences in pay between male and ...

Industry Rep. Says Food Label ‘Clawback’ Hurts US Trade

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

International Employment Law Update

Europe Right to Private Life v. Right to Monitor On January 12, 2016, the European Court of Human Rights published its judgment in another case concerning an employee’s use of company information systems, once again highlighting the challenge of balancing an employee’s right to a private life against the right of an employer to monitor employees at work. In ...

Covington Wins ‘Merger Control Matter of the Year’ Award

WASHINGTON, DC — Global Competition Review has selected Expedia’s $1.3 billion acquisition of Orbitz Worldwide as its “Merger Control Matter of the Year - Americas” at the GCR Awards 2016. Covington partners Thomas Barnett and Anne Lee served as lead antitrust counsel to Expedia during the transaction. The acquisition triggered a U.S. Department of Justice ...

DC judge overstepped in rejecting Fokker DPA, appeal court says

Steven Fagell is quoted in this GIR article regarding a recent Court of Appeals decision that a lower court overstepped its authority by rejecting a DOJ settlement with Dutch aerospace company Fokker. According to Fagell, “The ruling will likely clip the wings of any US district judge looking to second-guess the Justice Department's charging decisions in ...

DG COMP’s Kevin Coates Joins Covington’s European Competition Practice

BRUSSELS — Kevin Coates, a former senior official who served as Head of one of the Cartels Units at the Directorate-General for Competition at the European Commission between 2012 and 2016, has joined Covington’s antitrust and competition practice. Over the last 16 years, Mr. Coates has held several senior positions within DG COMP and before that served as ...

EU Enforcement of the Nagoya Protocol on Use of Genetic Resources

Strict EU rules enforce compliance with the principles on access and benefit sharing under the Nagoya Protocol. The rules affect all companies doing research on genetic resources, such as plants, bacteria and viruses, and related traditional knowledge. They in particular are relevant for the pharmaceutical, medical devices, cosmetics, biocides and foods ...

Covington Represents Underwriters in Senseonics' IPO

NEW YORK - Covington advised the underwriters in the $45 million initial public offering of common stock of Senseonics Holdings, Inc. The offering closed on March 23, 2016. Shares of Senseonics trade on the NYSE MKT under the ticker “SENS.” Senseonics develops continuous glucose monitoring systems for patients with diabetes. Its Eversense product consists of ...

Data Transfer Hurdles Have Companies Hedging Bets

Daniel Cooper is quoted in The Wall Street Journal’s “Morning Risk Report” discussing how companies should best comply with global data protection regulations. Commenting on the binding corporate rule process, Cooper said,“The one thing we know about binding corporate rules is [they tend] to have more appeal to European regulators.” He continues, “For a lot of ...

Société Générale drops Euribor appeal

Johan Ysewyn is quoted in this GCR article covering Société Générale’s decision to drop its appeal after the European Commission agreed to reduce the penalty. According to Ysewyn, “If the reduction is substantial, the danger is that, in the future, this would be read as a precedent by other companies who settle and would try their luck in court.”

First opt-out class action launched in the UK

Alex Leitch and Kenny Henderson are quoted in this GCR article discussing the launch of the first opt-out class action in the UK. According to Leitch, “If the case is not settled and the class is granted a collective proceedings order, this will be the trickle that may form into a steady flowing stream.” He continues by stating that the class seems to be ...

Carlo Kostka Joins Covington's Global Financial Institutions Practice

LONDON — Carlo Kostka has joined Covington’s global financial institutions practice resident in the firm’s London office. Most recently Mr. Kostka served as co-head of UniCredit's legal department, where he was responsible for international legal operations, including all legal matters related to the corporate and investment banking division, significant ...

Covington Advises AstraZeneca on European Rights to Moventig

LONDON — Covington advised AstraZeneca on an agreement with ProStrakan Group, a subsidiary of Kyowa Hakko Kirin Co. Ltd., for the rights to Moventig (naloxegol) in the European Union (EU), Iceland, Norway, Switzerland and Liechtenstein. Moventig is the first once-daily, oral peripherally-acting mu-opioid receptor antagonist (PAMORA) approved in Europe for the ...

Downer? Could the UK Psychoactive Substances Act spell disaster for the food & supplements industry?

Brian Kelly is quoted extensively in this Nutra Ingredients article discussing the UK Psychoactive Substances Act and its possible effect on the food supplements industry. According to Kelly, “Despite criticism and proposed amendments about unintended targets the law has been pushed through. It’s a poorly drafted law when it comes to food.” He continues, “You ...

Competition: raising the anti

Johan Ysewyn is quoted by The Law Society Gazette in an article discussing changes in competition policy and enforcement, and what these changes mean for lawyers. “The commission likes its fines, but I think it takes a balanced view that it also likes companies changing their trading behaviour,” says Ysewyn. Ysewyn continues by commenting on the changing nature ...

5 Ways To Keep Cybersecurity Risk From Derailing A Deal

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

Fate of EU drugs agency hangs in Brexit balance

Grant Castle and Robin Blaney are quoted in this Politico article discussing the potential impact of “Brexit” on the pharmaceutical sector in the UK and Europe. According to Castle, the “only rational alternative” to EU membership is for the U.K. to become a member of the European Economic Area, as this arrangement would make it so the practical and operational ...

Covington Boosts European Public Affairs Practice with Erika Mann

BRUSSELS — Erika Mann, a former Member of the European Parliament and policymaker with over 20 years of experience, has joined Covington in its Brussels office as a senior European policy advisor in the firm’s global Public Policy and Government Affairs practice. Most recently, Ms. Mann served as Managing Director of Public Policy for Facebook in Brussels from ...

EU and US in race to rewrite data sharing agreement as deadline passes

Henriette Tielemans is quoted by The Guardian in an article discussing the missed Safe Harbor deadline. According to Tielemans, companies faced “enormous uncertainty” about what European regulators would deem adequate privacy protection.

Tough Trade

Maureen Browne and Alexander Chinoy are quoted in this CDR article assessing the work of the ITC, and its relationship with intellectual property in 2015. Browne states that the ITC is performing well although down from the peak during the ‘smartphone wars’ years, while Chinoy notes a “slight upward trend in the number of cases heard, peaking in outlier years in ...

US Perspective of TTIP

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

Covington Earns Six Law360 “Practice Group of the Year” Awards

WASHINGTON, DC - Law360 has named six Covington practice groups among its “Practice Groups of the Year.” The practice groups recognized by Law360 are as follows: Government Contracts Insurance International Trade Life Sciences Product Liability Sports

Cyber security: uncertain companies lack defence plans

David Fagan is quoted by The Lawyer in an article discussing the continued vulnerability of companies to data breaches and targeted cyber attacks. Fagan, commenting on cyber-related litigation, states, “Up until now, in the US, there has been little cyber-related litigation because it is very difficult to quantify the level of damage done – I can imagine the ...

European court confirms GIS cartel fines

Johan Ysewyn is quoted in this GCR article discussing the recent judgments released by the European General Court, upholding penalties against Mitsubishi and Toshiba. According to Ysewyn, the case is an “illustration of the delicate and very complex fining issues facing the European Commission when companies change corporate structures in the course of a cartel.”

Covington Named to GCR's Global Elite

WASHINGTON, DC — Global Competition Review has again named Covington to its 2016 “Global Elite,” a list of the top 25 antitrust practices worldwide. Each year, GCR undertakes extensive analysis of antitrust and competition law groups in 50 jurisdictions around the world. In its profile of the firm, GCR calls Covington’s antitrust and competition practice an ...

EU Court Draws Fine Line for Employee Monitoring Programs

Henriette Tielemans is quoted in a Law360 article discussing the recent European Court of Human Rights’ decision allowing employers in the EU to monitor their employees’ online activities for business purposes. “This decision is important,” according to Tielemans. “It will bring much needed legal certainty in an area that many companies are struggling with.”

Covington Advises AstraZeneca on mRNA Collaboration

LONDON — Covington advised AstraZeneca, along with its global biologics research and development arm, MedImmune, on a new collaboration with Moderna Therapeutics to discover, co-develop and co-commercialize messenger RNA (mRNA) therapeutic candidates for the treatment of a range of cancers. The collaboration is in addition to the agreement announced by the ...

GDPR: Key Elements for Businesses in All Sectors

On December 15, the EU institutions finally agreed the text of the new EU data protection law, the General Data Protection Regulation (“GDPR”), completing a process that began in January 2012. The LIBE committee has published the consolidated version of the GDPR text. The GDPR heralds a new era of data protection. It replaces the existing data protection ...

Covington Advises AstraZeneca on Acquisition of Takeda’s Respiratory Business

LONDON, 17 December, 2015 — Covington advised AstraZeneca on its acquisition of Takeda’s respiratory business. Under the terms of the agreement, AstraZeneca will make a payment of $575 million, and approximately 200 staff will transfer to AstraZeneca upon completion. The deal will include the expansion of rights to roflumilast (marketed as Daliresp in the ...

Covington Advises Mexico’s Grupo Mabe on its Sale to Ontex Group

NEW YORK, December 9, 2015 - Covington advised Grupo P.I. Mabe, the leading producer of hygienic products in Mexico, on its sale to Ontex Group NV, a publicly listed company based in Belgium. The transaction is expected to close in the first quarter of 2016. The transaction will require regulatory approvals in Mexico, the US and certain other countries, and has ...

EU Cybersecurity Rules Increase Liability For Multinationals

Mark Young is quoted in a Law360 article discussing the EU Network and Information Security Directive, which sets a cybersecurity and breach reporting baseline for both critical infrastructure operators, as well as digital service providers. This directive, which is the first of its kind, comes after two years of negotiations. According to Young, “There’s going ...

Covington Advises Ascension on $200 Million Investment in Accretive Health

NEW YORK, December 8, 2015 - Covington represented Ascension, the nation’s leading Catholic and non-profit health system, in a $200 million investment transaction with TowerBrook Capital Partners in Accretive Health, a leading provider of revenue cycle management services to healthcare providers. The transaction is expected to close in the first quarter of ...

'Hypocritical' Europe is just as bad as the USA for data protection

Dan Cooper is quoted by The Register in an article discussing the uncertainty and complications continuing to surround the Schrems decision that derailed Safe Harbour. Cooper stated that his business clients were both “surprise[d] and shock[ed]” by the European Court’s decision. “Businesses felt like the rug had been pulled out from under them,” said Cooper. ...

Covington Advises Allergy Therapeutics on £11.5 Million Placement and License Agreement

LONDON, November 23, 2015 — Covington represented Allergy Therapeutics, the AIM-listed specialty pharmaceutical company specializing in allergy vaccines, in the placement of ordinary shares raising approximately £11.5 million. The placement was conducted through an accelerated bookbuilding process with Panmure Gordon & Co acting as financial adviser, nominated ...

Covington Awarded Top HRC Rating for Eighth Consecutive Year

WASHINGTON, DC, November 18, 2015 - The Human Rights Campaign Foundation (HRC) has awarded Covington a perfect score of 100 percent for the eighth consecutive year on its Corporate Equality Index, a national benchmarking survey and report on corporate policies and practices related to LGBTQ workplace equality. Covington is among 400 major US businesses that ...

Media Roundtable with Brick Court Chambers

Covington hosted a media roundtable with Brick Court Chambers to discuss the UK class action regime, and the effect of rule 119 of the Competition Appeal Tribunal’s provision. The Times of London and Global Competition Review covered the discussion. According to Alex Leitch, either “judicial common sense” would prevail to find a way round the limitation period ...

Belgium reveals leniency guidelines update

Johan Ysewyn is quoted in a Global Competition Review article discussing Belgium’s Competition Authority’s draft leniency guidelines that have been launched for public consultation. Ysewyn, who welcomed the guidelines, said the new draft policy is “definitely workable.” “Awarding natural persons being granted immunity regardless of the position in which they ...

Capital gains: European firms in London

London’s managing partner Christopher Walter discusses the allure of the London legal market to international law firms and how firms in London collaborate with other law firms on the continent in The Lawyer. Walter, who argues in favour of collaboration opportunities with key firms, states that “working with local firms gives us the resources and flexibility ...

A year of Vestager

Johan Ysewyn is quoted in a Global Competition Review article assessing Margrethe Vestager’s first year as European commissioner for competition. According to Ysewyn, “For the first time in quite a long while, [Europe has had] a combination of a commissioner who, I believe, understands the political nuances of competition law, and a director general who actually ...

E.U. Court Declares Data-Transfer Pact With U.S. Invalid

Henriette Tielemans is quoted in this BNA article that explores the idea of finding alternative means for the transfer of data with the elimination of Safe Harbor. Countries that require national data protection authority approval may find even more issues arise when trying to formulate new ways to navigate data transfer laws. Tielemans notes that the process ...

Europe’s Top Court Just Gave U.S. Tech Firms a Huge Headache

Brussels-based partner Henriette Tielemans is quoted in this Fortune article that discusses the effects of the highest E.U. court eliminating the U.S.-E.U. data transfer agreement known as the Safe Harbor Act. “Hindsight is a beautiful thing,” said Tielemans. “We must all remember that in 2015 things are different than they were in 2000.”

51 countries just released their climate plans — and they’re still not strong enough

Senior of counsel Gary Guzy is quoted in this Washington Post article discussing new climate action plans released by 51 countries. “What is ground breaking is that, for the first time, all of the major emitting nations of the world are committing to a truly international approach to addressing climate change,” said Guzy. “While perhaps not perfect, the scale of ...

Cat's eye: Industry opinion on the UK collective actions regime

Brussels-based partner Peter Camesasca offers insight on how lawyers are advising claimants and defendants on the new UK class action regime in an article featured in the CDR News September-October 2015 issue. Camesasca says, “What we clearly do see is that there are a number of law firms who are touting this new regime very aggressively…these firms are seeing ...

Covington Represents Underwriters in Nabriva Therapeutics IPO

NEW YORK - Covington advised the underwriters in the $106.1 million initial public offering by Austrian-based Nabriva Therapeutics AG of 10,350,000 million American Depositary Shares, representing 1,035,000 shares of Nabriva’s common stock. This was the first U.S. initial public offering by an Austrian company. The ADSs are now listed on the NASDAQ Global Market ...

US style class action lawsuits poised to come into force in UK

London partner Alex Leitch comments in a Financial Times article on the new UK legislation that will allow US-style class action lawsuits when there are breaches of competition law. If the rules are successful, lawyers predict class actions could be applied to other areas, said Mr. Leitch.

Covington Boosts European Public Policy Team with Ambassador Kovanda

BRUSSELS, September 14, 2015 — Ambassador Karel Kovanda has joined Covington’s global public policy and government affairs practice as a Senior European Policy Advisor. He will be based in the firm’s Brussels office. Ambassador Kovanda served as Deputy Director General of External Relations (now the European External Action Service) at the European Commission ...

Covington Advises UCB on Sale of Kremers Urban Pharmaceuticals to Lannett

NEW YORK, September 3, 2015 — UCB and Lannett Company, Inc. announced they have entered into a definitive agreement providing for the acquisition of UCB’s U.S. specialty generics subsidiary, Kremers Urban Pharmaceuticals Inc., by Lannett. UCB will receive upfront cash proceeds of US $1.23 billion upon closing, which is subject to regulatory approval and other ...

Wearables at work: the new frontier of employee surveillance

Covington's Daniel Cooper is quoted regarding the legal implications of wearables in the workplace: “Historically European regulators in the data protection area have been very sceptical you can ever get a valid employee consent — they feel that for existing employees, [the relationship] is almost inherently coercive.”

Germany raises the standard for class action funding

Covington'sPeter Camesasca is quoted regarding a Düsseldorf court confirming that the funding model used by Cartel Damage Claims (CDC) in its case against cement cartelists is illegal. "Peter Camesasca, at Covington & Burling in Brussels, says while the ruling is good news for defendants in that it makes group actions in Germany more difficult, it goes against ...

The impact of Fokker on US DPAs

Covington's Steve Fagell is quoted regarding the impact of a judge’s decision to reject the US DoJ’s deferred prosecution agreement with Dutch aerospace company Fokker. "Judge Leon and Judge Gleeson’s diverging view on the role of the judiciary in the settlement process open up questions on “how any judge will exercise his or her discretion, and if they are ...

TTIP talks must stay on track

Ambassador Stuart Eizenstat has authored this piece on the transatlantic trade agreement: "We are at an important inflection point in the negotiation of the Transatlantic Trade and Investment Partnership (TTIP) agreement between the United States and the European Union." "TTIP has the prospect of being the most economically important trade agreement in ...

From the chrysalis

Covington partner Jeremy Wilson is quoted regarding the liberalization of Korea’s legal market: "Marking the start of a five-year liberalisation process of its legal services sector, the move has spawned an influx of over 20 international firms opening offices in Seoul. With restrictions lifted on firms providing dual advice with domestic practices in 2013, the ...

France agrees to compensate Holocaust deportees

Covington partner Stuart Eizenstat is mentioned in this article regarding an agreement between the U.S. and France that will provide $60 million for payment of survivors deported by the French state railway to concentration camps, their spouses and heirs of survivors who have died between 1948 and today, in the United States, Israel and other countries outside ...

UK issues proposed rule to implement EU extractive and logging industry reporting requirements

Bruce Bennett and David Lorello have authored an article on draft legislation in the U.K. titled “Reports on Payments to Governments Regulations 2014,” that would require mining, quarrying and logging companies registered in the U.K. to report payments they make to governments in all countries where they operate.

Covington Snags Ex-Norton Rose Fulbright Antitrust Chief

Andrea Zulli is featured in this article regarding his move to Covington: "Andrea Zulli, who will join Covington's EU competition group as of counsel, advises clients in all aspects of EU, international and Italian competition law, including merger control, cartels and other restrictive practices, antitrust compliance and abuses of a dominant position." “The ...

Zulli swaps Italy and Norton Rose for Brussels and Covington

This article features Andrea Zulli, who recently joined Covington's EU competition group: Zulli, 40, will work mainly in pharmaceuticals and life sciences sectors in his new firm. He says it was a hard decision to leave Norton Rose – where he was local partner – but ultimately he wanted to return to Brussels – “the heart of antitrust in Europe”. “Not only ...

Washington-area appointments and promotions for Oct. 20

"Covington & Burling of the District appointed Ashley Bass, Robin Blaney, Krista Carver, Jeffrey Davidson, Nicole Duclos, Shankar Duraiswamy, Scott Freling, David Garr, Jason Goldberg, Andrew Lazerow, Michael Lechliter, Anne Lee, Scott Schrader, Nathan Shafroth and Ranganath Sudarshan partners."

Covington & Burling and Slaughter and May advise on Qualcomm’s £1.6bn acquisition of CSR

Partners Louise Nash and Simon Amies are mentioned in this article regarding their representation of Qualcomm: "Covington & Burling advised US mobile phone chipmaker Qualcomm and Slaughter and May advised tech firm CSR on the US company’s £1.6bn takeover of the British company, which will increase Qualcomm’s presence in the UK."

Covington’s Brussels harvest

Covington's Peter Camesasca, Johan Ysewyn, Melissa Van Schoorisse, Miranda Cole, Henriette Tielemans, Sebastian Vos, and Jean De Ruyt are mentioned in this article on the growth of Covington's Brussels office: "April was a busy month for Covington & Burling’s competition lawyers, marking, as it did, the welcome return of Peter Camesasca – who temporarily ...

Standing up for the little guy

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

Yukos award survives Swedish action

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

Four more months – measured sanctions relief for Iran

Peter Flanagan and David Lorello have co-authored this piece on US and EU sanctions targeting Iran: "On 19 July 2014, the United States, the United Kingdom, Germany, France, Russia, and China (the “P5+1”) and Iran mutually consented to extend the Joint Plan of Action (JPOA), reached by the parties on 24 November 2013, for an additional four-month period, to 24 ...

How to Compete with China in Africa | Commentary

Witney Schneidman writes on how extending the African Growth and Opportunity Act will enable the U.S. to maintain a competitive edge against China in the African market in this op-ed for Roll Call: "In the competition for African opportunities, job creation is the U.S. strategic advantage. We are not going to finance infrastructure the same way that China does, ...

Pricing Provisions And The Gazprom-Naftogaz Dispute

Jeremy Wilson and William Lowery have authored this article on the allegations that Naftogaz has failed to pay $4.5 billion for gas that Gazprom has already delivered to Naftogaz. "On June 16, 2014, Gazprom announced that it had commenced arbitration proceedings against Naftogaz under the Stockholm Chamber of Commerce rules alleging that Naftogaz has failed to ...

Covington, DLA Piper, Wolff & Samson: Lateral Moves Roundup

International public policy professional Sebastian Vos is joining Covington & Burling LLP to lead the European division of the firm’s global public policy and government affairs practice in Brussels. Vos, who works for Fipra International, will focus on competition and technology-related public policy issues and continue his public policy work involving emerging ...

Covington adds Vos

"The law firm Covington & Burling has brought on European public policy expert Sebastian Vos as a partner in the firm’s Brussels office. In his new role, he’ll lead the European division of the firm’s global public policy and government affairs practice. He’ll lead a team that includes former Ambassador Jean De Ruyt. “It’s a firm that has a very good reputation ...

The Devil and the Art Dealer

Stuart Eizenstat, co-chair of Covington’s international trade and finance practice and special adviser to Secretary of State John Kerry on Holocaust issues, is mentioned in this article regarding the 650,000 works of art looted from Europe by the Nazis during World War II, "Stuart Eizenstat, Secretary of State John Kerry’s special adviser on Holocaust issues, ...

US Has Options Beyond Sanctions In Ukraine Response

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

New courts investment met with City approval

Ian Hargreaves is quoted in a Commercial Dispute Resolution article regarding plans to build a new 18-courtroom complex to handle significant criminal and civil cases in London. According to Hargreaves, the proposed new complex demonstrates the importance of legal services to the UK economy, which, he says, provides “a not insignificant sum to the country's ...

Covington Advises Consort Medical on Aesica Holdco Acquisition and related £260 million financing

Camilla Gare and team of Covington lawyers advised Consort Medical plc on the acquisition of Aesica Holdco Limited and its operating subsidiaries from private equity fund Silverfleet Capital and its management shareholders for a total consideration of approximately £230 million. Covington is also advising Consort Medical plc on the £98.9 million Rights Issue and ...

Increasing interim measure use stirs consequences debate

Johan Ysewyn spoke with PaRR about interim measures in antitrust cases in Europe. Mr. Ysewyn is skeptical of the French measures, saying it appears to be a policy matter that has been “dressed up” in competition law concepts. He warns that the Belgians swift approach should not be held as an example as there is insufficient time for a “decent debate on whether ...

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Representative Matters

HealthpointCapital in Acquisition and Exit of French Company

HealthSouth Senior Notes Offering

Horizon Discovery Group IPO on AIM

Illumina Decoding UK-based Human Genome

Indivior $1.6 billion Demerger

Indian Energy Limited Takeover

Internal investigation for financial institution

Investors in its Funding of Clinical Cancer Genomics Company

Iran sanctions advice for a financial services provider

Laird’s acquisition of Microwave Materials Group and Emerson & Cuming Microwave Products

Leading Carriers of a Major Container Shipping Alliance in Their Global Strategy

Liaison for group of U.S. multinationals with BCRs

Life Sciences Investors in Series C Funding of Development Stage Biotech Company

King Pharmaceuticals Acquisition by Pfizer

Large commercial award for Merck

Libya and Syria sanctions advice

Bacardi Transaction

Advised UK-headquartered Software Developer

Abbot Laboratories - AbbVie de-merger

Acquisition for global fashion brand

Acquisition of large portfolios of private equity interests

Advise Multinational Sharing Economy Company Network

Advising Consortium of German Automotive Companies

Advising Global Service Provider on Financial Services Project

Advising a Leading U.S. Cloud Service Provider

Advising a Leading Global Technology Trade Association

Advising Leading Global Technology Service Provider and Trade Association

Advising Leading Global Technology Service Provider and Trade Association on Ethics Guidelines

Advising a Global Trade Association on Possible U.S. Claims

Advise Multinational Technology Companies and Trade Association on European Commission Proposals

Assist U.S. Online Services Provider on European Commission's Disinformation Code of Practice

Represent BSA | The Software Alliance as Intervenor Before European Court of Justice

Assist a Global Cloud Services Provider in Drafting AI Analysis

Modern Slavery Reporting Requirements

Advise a Multinational Sharing Economy Company

Represent Trade Group Intervenor Before European Court of Justice

Representation of Microsoft in Landmark Case Involving Data Stored Abroad

Acquisition of Leading Pharmaceutical Contract Development and Manufacturing Company

Acquisition of Schneider Electric’s Custom Sensors & Technologies business

Acquisition of Viper Strike business

Advising global chemicals company on international data transfers

Advising Large Public Companies and Investors on Corporate Governance Matters

Advising on Safe Harbor framework

Altice’s $9.1 Billion Suddenlink Acquisition

American Airlines in Technology Services Agreements

Advise a Multinational Technology and Ecommerce Company

American Airlines Passenger Service System Contracts

AstraZeneca Acquisition of Diabetes Products

AstraZeneca Investment in Respiratory Franchise

Automobile Association IPO on London Stock Exchange

NICE Challenge for Irish Biopharmaceutical Company

EU and U.S. Food Regulatory Requirements and Approvals

Assist International Subscription Video on Demand Service on International Launch

Competition Counsel for Multinational Technology and E-commerce Company

$1.6 billion Demerger of Indivior plc

$3.7 billion acquisition of Sapient by Publicis Groupe

$5.6 billion acquisition of Invensys plc

$750 million Dassault Systèmes acquisition of Accelrys

Advised UK-based Clinical AI Company Sensyne Health

Advised B.E.S.T. Funds in Equity Investment in Trak Global Group

Advised B.E.S.T. Funds in the Sale of Intelligent Mechatronic Systems, Inc.

Advising on Open Source Issues

Advising Private Equity Investor

$9.5 billion proposed acquisition of the New York Stock Exchange

Advise a Multinational Sharing Economy Company on Competition Aspects Middle East Acquisition

Acquisition of Fashion Retailer Club 21

Advise Technology Companies in UK CM Inquiries

Advising E.ON Group on Global Outsourcing

Advising on IT and Data Protection Transactions

Advising on the Sale of Shares in a Joint Venture

Advising Global Automotive Suppliers on Open Source Issues

Supplier Relationships: Documents and Strategy

Advised BenevolentAI on its $90 million Equity Investment from Temasek

Assisted International Broadcaster on Its Application for a Broadcasting License

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