The term “New Media” encompasses a host of digital, computerized and networked information and communications technologies and content. From online entertainment to e-commerce, iPods to mobile phones, HDTV to video games to blogs, new media refers to the myriad ways digital content is created, manipulated, distributed, protected and consumed.
Covington’s New Media practice is as broad and diverse as the term itself. We help our clients solve complex and novel business challenges that span multiple disciplines (e.g., intellectual property, privacy, licensing, communications, entertainment, data security, IT, advertising) and multiple practice areas (e.g., regulatory, corporate, litigation, advisory, international). We recognize that there is no “typical” new media matter. That is why we bring innovative approaches and a multi-faceted perspective to every new media matter, whatever our clients’ industry or business model.
Why Covington?
- As new media increasingly implicates government/regulatory oversight and crosses national boundaries, Covington is uniquely situated to leverage our deep regulatory and legislative expertise across multiple continents. Few of our peer firms can offer our level of understanding of the applicable law (e.g., Digital Millennium Copyright Act, Communications Decency Act, Children’s Online Privacy Protection Act, EU Copyright Directive), likely regulatory interpretations, and ongoing developments.
- With new media so often overlapping multiple disciplines, our integrated approach works to our clients’ advantage. We can offer the right team to cover any aspect of a new media matter.
- As geographical borders become less meaningful in the online world, our international experience and ability to tap into expertise and resources around the globe becomes more critical.
- We balance our regulatory and legal expertise with a keen understanding of business perspectives and the applicable industries. We help clients translate the abstract and ever-changing rules of a still developing new media legal regime into the commercial context. Where the law is unclear, we can provide our clients with a cogent analysis of the potential risks of various courses of action and, where relevant, work with clients to design attractive alternatives.
Representative Matters
- Advised Expedia (and affiliates Hotels.com, Hotwire, and TripAdvisor) on a variety of privacy and data security matters, including e-mail marketing, targeted advertising, fraud prevention, and changes to online privacy policies.
- Devised and coordinated anti-piracy strategies throughout Europe (including Russia and markets in Eastern Europe) to enforce the IPRs of leading software providers.
- Represented Sony BMG Music Entertainment in a class action lawsuit challenging royalties for downloading music and in connection with an insurance coverage dispute arising out of damage allegedly caused by DRM software included on music CDs.
- Represented the National Football League in negotiations for digital downloads of NFL content and a wide range of other new media deals with Yahoo!, iTunes and others.
- Provided strategic advice and advocacy support to the Business Software Alliance on the EU Copyright Directive, proposed Software Patents Directive and IP Enforcement Directive, and more broadly assisted in efforts to promote the protection of IP in the EU and third countries.
- Represented the Walt Disney Company in its $7 billion acquisition of Infoseek Corporation.
- Represented Electronic Arts in an assessment of its freedom to operate for a new product in light of third party patents.
- Represented Microsoft in negotiating licenses for IP related digital output and copy protection technology for the Xbox 360 console.
- Represented National Geographic Society in the creation of the National Geographic Channel with News Corp. and NBC.
- Represented Verizon in a dispute with the Recording Industry Association of America over the application of safe harbor provisions of the Digital Millennium Copyright Act to subscribers’ sharing of music and other content using peer-to-peer services.
Accolades
- Ranked by Chambers USA as a leading Telecom, Broadcast, & Satellite Regulatory practice (2004-2011).
- Ranked by Chambers USA as a leading Telecom, Broadcast, & Satellite Finance practice (2011).
- Ranked by Chambers USA as a leading Media and Entertainment practice (2007-2011).
- Eight attorneys recognized for Telecom, Broadcast, & Satellite and Media & Entertainment in Chambers USA (2011).
- One attorney recognized for First Amendment Litigation in Chambers USA (2011).
- Recognized by Chambers Asia in their ranking of foreign law firms active in the China Technology, Media & Telecom sector (2010-2012).
- Recognized by Legal 500 US as having a leading practice in Technology, Media & Telecoms, Telecoms and Broadcast (Regulatory), and Telecoms and Broadcast (Transactional) (2011).
- Recognized by Legal 500 UK in IT & Telecoms and Media and Entertainment (2012).
- Ranked by Legal 500 Asia Pacific for Beijing - Technology, Media & Telecoms - Foreign Firms (2009-2011).
- U.S. News Media Group and Best Lawyers, Communications Law and Technology Law: National and Washington, DC, first tier ranking (2011)
- Sports, Media and Entertainment Team of the Year (Intellectual Property Magazine Awards, 2010)
- Managing Intellectual Property Global Awards - Shortlisted in the pan-European category "New Media/Internet" (2010).
- Recognized by Practical Law Company in EU Telecoms, Media & Technology (2011).
- Ranked by Practical Law Company as a leading Telecommunications practice (2009).
- Three attorneys recognized in Best Lawyers in America for Communications Law (2011).
- One attorney recognized in Best Lawyers in America for Administrative/Regulatory Law (2011).
- Three attorneys recognized in The International Who's Who of Regulatory Communications Lawyers (2012).
- One attorney recognized in The International Who's Who of Internet & e-Commerce Lawyers for Internet & e-Commerce (2011).
- One attorney recognized in The International Who’s Who of Business Lawyers for Regulatory Communications (2011).
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