Because our communications and media practice is integrated with top trial and appellate lawyers from our extensive litigation practice, the trade associations, joint ventures, individual companies and journalists we represent can be assured that their interests are being zealously guarded by litigators who understand the full business and policy implications of any contentious proceeding. In addition to our extensive US litigation experience we work closely with litigation and arbitration counsel in our London and Brussels offices to provide seamless representation of communications and media issues in arbitration proceedings globally and before the English courts and regional tribunals such as the European Court of Human Rights, the International Court of Justice and United Nations special tribunals for war crimes.
Communications
Our work has included defending and challenging orders of the Federal Communications Commission before federal appellate courts and defending statutory challenges to legislation in trial-level federal courts.
Covington has represented individual broadcast stations and associations representing network affiliates in administrative litigation before the Federal Communications Commission, and in litigation matters arising out of rules promulgated by the FCC. We have also represented broadcasters and other content providers in litigation matters against cable and satellite distributors of programming. We provide behind-the-scenes strategy and advice on antitrust, market conditions, and other related issues for programmers who are seeking cable carriage on satisfactory terms. We also litigate on behalf of broadcasters and other program providers who have claims against cable or satellite systems arising out of the carriage, or failure to carry, their programming.
Media & Content, including Intellectual Property
We represent major newspapers, magazines, television broadcasters, sports leagues, Internet publishers and other groups in defamation and invasion of privacy litigation, copyright and fair use negotiations and litigation, negotiations with the US government related to journalists' possession of documents claimed to be classified, efforts to maintain the integrity of the newsgathering process and efforts to open courts and records. Working closely with our colleagues in London and Brussels and with a network of counsel relationships around the world, we provide integrated, quick and effective international newsgathering and libel advisory and litigation representation.
Technology
We have assisted technology companies on a broad range of litigation matters, including appeals of agency decisions and challenges to agency authority to regulate new technologies. For example, we successfully challenged before the United States Court of Appeal for the D.C. Circuit the FCC's rules mandating that telecommunications and Internet companies install equipment to permit law enforcement to monitor private telephone and Internet communications.
Advertising and Commercial Speech
We have industry-leading expertise on advertising and commercial speech issues. Covington counsels many clients about FTC Act, Lanham Act and copyright issues arising from their advertising and also provides advice concerning European government advertising initiatives.
Other
Other litigation areas for communications and media clients in which we have been engaged include white collar investigations and litigation, insurance for libel and satellite damage claims, ERISA and employment issues and complex contract and business litigation.
Representative Matters
- We represented Universal Studios in obtaining the dismissal of a high-profile negligence action brought by a Maury Show guest in New York state court.
- We have represented the wireless industry, broadcasters, and the public television community in defending FCC regulatory actions pursuant to groundbreaking legislation.
- We represented the NBC, CBS, and ABC television affiliates before the D.C. Circuit in a challenge to the validity of FCC restrictions on television network ownership of stations affiliated with the network, and on common ownership of cable systems and television stations.
- We represented Raycom Media in obtaining a favorable settlement of a lawsuit brought against the City of Cleveland when the mayor issued a formal edict barring all city officials from speaking with WOIO-TV, a Raycom-owned CBS affiliate, after the station aired a documentary critical of the mayor.
Accolades
- Named to The National Law Journal's "Appellate Hot List" featuring firms that played a lead role in the most important appeals of the year (2008, 2009, 2011, and 2012).
- Chambers USA: leading Appellate practice (2009-2013).
- Chambers USA: leading Telecom, Broadcast, & Satellite practice (2004-2013).
- Chambers USA: leading Media and Entertainment practice (2007-2013).
- Chambers USA: Telecom, Broadcast, & Satellite and Media & Entertainment (2012-2013).
- seven attorneys recognized
- Chambers USA: First Amendment Litigation (2011-2013)
- Chambers Europe: Leading TMT Information Technology and TMT Telecommunications (Belgium) practice (2013)
- Chambers Asia: leading China Technology, Media & Telecom sector (2010-2013).
- Legal 500 US: Litigation - Supreme Court & Appellate (2013)
- Three attorneys recognized
- Legal 500 US: Media, Technology & Telecoms (2012-2013)
- Technology - Data Protection & Privacy
- Marketing & Advertising
- Technology - Outsourcing
- Technology - Transactions
- Telecoms & Broadcast - Regulatory & Transactional
- Nineteen attorneys recognized in above categories
- Legal 500 UK (2011-2012)
- Media and Entertainment
- IT & Telecoms
- Legal 500 EMEA: EU Regulatory, Information Technology (2011-2012)
- Legal 500 Asia Pacific: Beijing - Technology, Media & Telecoms - Foreign Firms (2009-2012)
- Best Lawyers in America: Appellate Law (2012)
- Three attorneys recognized
- Best Lawyers in America: Communications Law (2013)
- Four attorneys recognized
- Best Lawyers in America: Administrative/Regulatory Law (2012-2013)
- Best Lawyers in America: Technology (2012-2013)
- Practical Law Company: Telecoms & Media - EU, US, and China (2012)
- Variety named Jason Goldberg, a member of our Asia media practice, as one of “50 Game-Changing Attorneys” in the world for his representation of major U.S. studios in landmark film production and financing deals in China (2012).
- U.S. News Media Group and Best Lawyers, Communications Law and Technology Law: National and Washington, DC, first tier ranking (2011)
- Intellectual Property Magazine Awards (2010)
- Sports, Media and Entertainment Team of the Year
- Managing Intellectual Property Global Awards (2010)
- Shortlisted in the pan-European category "New Media/Internet"
- The International Who's Who of Regulatory Communications Lawyers (2012)
- Four attorneys recognized
- The International Who's Who of Internet & e-Commerce Lawyers for Internet & e-Commerce (2011-2012)
- The International Who’s Who of Business Lawyers for Regulatory Communications (2012)
- Three attorneys recognized
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