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Litigator Thomas Cubbage Returns to Covington

10/16/2006

WASHINGTON, D.C., October 16, 2006 — Covington & Burling LLP announced that Thomas L. (“T.L.”) Cubbage will be returning to the firm as a partner in the firm’s litigation practice group, focusing on ERISA and employee benefits litigation. He will be resident in the firm’s Washington office.

“We are thrilled to have T.L. return to Covington,” said partner Jeffrey Huvelle. “He has a tremendous depth of knowledge and experience, and he will be an asset to our growing ERISA and employee benefits litigation practice.”

Covington’s ERISA litigation practice covers the full range of litigation, audits, investigations, and government enforcement actions involving employee benefit plans. The firm recently won a landmark victory on behalf of IBM in a case before the United States Court of Appeals for the Seventh Circuit. In the first decision on this issue by a federal court of appeals, the Seventh Circuit ruled unanimously that IBM’s cash balance plan was not age discriminatory, avoiding $1.4 billion in additional pension obligations that IBM would have incurred if the district court judgment had been affirmed. Covington successfully represented Harris Trust, as trustee of the Ameritech pension trust, before the U.S. Supreme Court in another ground-breaking case establishing the right of a plan fiduciary to sue a non-fiduciary party in interest. Other ERISA litigation clients include Verizon, General Electric, and Union Pacific Railroad.

Mr. Cubbage is a graduate of Southern Methodist University (B.A., magna cum laude, 1989) and The University of Texas (J.D., with high honors, 1992). He served as law clerk to Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit. Most recently, Mr. Cubbage served as Senior Counsel for Kerr-McGee Corporation.

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