Covington has a longstanding, highly successful appellate and Supreme Court litigation practice. In 2008, Covington was named to The National Law Journal's inaugural "Appellate Hot List," based on the firm's recent appellate accomplishments and its long-term track record. In naming Covington as a finalist for "Litigation Department of the Year" in 2007, the American Lawyer recognized Covington's "glowing reputation" for appellate work and praised its "appellate creativity," which has allowed the firm to "dominate[] in appellate courts." Covington’s lawyers include 16 former law clerks to Supreme Court Justices, more than 150 former law clerks to other appellate judges (including former clerks from every federal court of appeals), and six former members of the U.S. Solicitor General’s Office. Our lawyers have argued more than 50 cases in the U.S. Supreme Court and hundreds of cases in the federal and state appellate courts.
The breadth of Covington’s appellate practice is evident in its representation of clients in the Supreme Court this term. In cases in which the Court has granted review, we represent:
- Exxon Shipping Company in a challenge to the $2.5 billion punitive damages award in the Exxon Valdez. (Exxon Shipping Co., et al. v. Baker, No. 07-219).
- The ERISA Industry Committee in an ERISA case concerning the scope of civil remedies available under ERISA. (LaRue v. DeWolff, Boberg & Associates, Inc., et al., No. 06-856).
- iBiquity Digital Corporation in a patent case concerning the scope of the patent exhaustion doctrine. (Quanta Computer, Inc., et al. v. LG Electronics, Inc., No. 06-937).
- The National Association of State Treasurers in defending the constitutionality of state tax exemptions for municipal bounds issued by the State or its political subdivisions. (Department of Revenue of the Commonwealth of Kentucky, et al. v. Davis, No. 06-666).
- Detainees at Guantanamo Bay in a case involving challenges to their detention. (Al Odah, et al. v. United States, et al., No. 06-1196).
- The District of Columbia and former Department of Justice Officials in defending the District’s gun control laws against a constitutional challenge under the Second Amendment. (District of Columbia, et al. v. Heller, No. 07-290).
Our appellate lawyers regularly are asked to represent clients on appeal after a lower court has entered an adverse ruling. In addition, our appellate lawyers frequently litigate legal issues in trial courts, functioning as members of a fully integrated trial team. Our appellate lawyers also analyze legal issues of importance to clients before they arise in litigation.
Covington’s thriving Supreme Court practice continues a long tradition. Leading decisions in which the firm has been involved include Upjohn Co. v. United States (attorney-client privilege and attorney work product); Buckley v. Valeo (campaign finance/First Amendment); Penn Central Transportation Co. v. New York City (constitutional takings); Abbott Labs. v. Gardner (ripeness/agency action); and Youngstown Sheet & Tube Co. v. Sawyer (executive power).
Representative Matters
- Representing Wachovia Bank in the U.S. Supreme Court in a preemption case that has been called "the most important banking case in ten years." (Watters v. Wachovia Bank, N.A.).
- Representing the IBM Pension Plan in an important ERISA case in the U.S. Court of Appeals for the Seventh Circuit holding that cash balance pension plans do not violate ERISA's age discrimination provisions. The court of appeals’ ruling saved IBM’s pension plan a potential $1.4 billion. (Cooper v. IBM Personal Pension Plan).
- Representing the National Football League in antitrust litigation in the U.S. Court of Appeals for the Second Circuit challenging the NFL’s draft eligibility rules. (Clarett v. NFL).
- Representing seven teaching hospitals in the U.S. Court of Appeals for the District of Columbia Circuit in the medical residents antitrust litigation. (Jung v. Association of American Medical Colleges).
- Representing Hoffman-La Roche Inc. in a product liability case in the New Jersey Supreme Court. (Rowe v. Hoffmann-La Roche Inc.).
Accolades
- Named to The National Law Journal's 2008 "Appellate Hot List" featuring firms that played a lead role in the most important appeals of the year.
- In naming Covington as a finalist for “Litigation Department of the Year” in 2007, the American Lawyer praised Covington’s appellate and Supreme Court practice.
- Robert Long and Edward Bruce recognized for Appellate Law in The Best Lawyers in America.
- Robert Long recognized for Appellate Litigation in Chambers USA: America’s Best Lawyers for Business, Euromoney’s Expert Guide to the World’s Leading Lawyers, Washingtonian Magazine’s “Top Lawyers” and Washington, DC Super Lawyers.
- Robert Long is a Fellow of the American Academy of Appellate Lawyers and a Master of the Edward Coke Appellate Inn of Court. Ed Bruce is a former President of the Inn.
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