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Covington.CovingtonFullname
With an experienced team of former government regulators, enforcers, elected officials, and agency heads, Covington offers aerospace, defense, and national security clients rare insight and practical advice to avoid pitfalls, solve problems, and seize opportunities.
Our work encompasses government contracts, trade controls and sanctions, CFIUS clearances for foreign investments, FOCI and industrial security issues, cybersecurity, public policy and government affairs, congressional investigations, and mergers and acquisitions.
CFIUS, FOCI, and “Team Telecom” Clearances
Covington has a preeminent practice advising U.S. and foreign companies and business associations on all aspects of the U.S. national security review process for foreign investments under the Exon-Florio amendment, as administered by CFIUS.
We have handled many of the biggest successful transactions in the aerospace and defense sectors requiring CFIUS review in the last several years. This includes:
Data Privacy and Cybersecurity
Covington’s cybersecurity practice combines deep expertise developed at the highest levels of government with more than a decade of practical experience advising numerous Fortune 500 companies on cybersecurity risks.
Our cybersecurity practice is distinguished by two main factors:
We have:
Government Contracts
Our team has decades of experience representing aerospace and defense companies, ranging from critically important matters of the largest defense contractors to fundamental government contracts issues for startups and smaller companies.
Our practice covers the full range of matters, including claims, audit disputes, bid protests, investigations, strategic compliance and intellectual property advice, and other matters. We help defense companies navigate the maze of specialized laws and regulations that apply to government contracting and to understand the opportunities available to them in the volatile government procurement environment.
We also defend government contractors in high-profile tort litigation, including “contractors on the battlefield” cases.
Clients rely on us to devise creative and successful legal strategies for defense companies that increase their competitiveness while protecting their ability to do business with the government.
Our core government contracts team combines years of government, in-house, and law firm experience, and includes former senior U.S. government officials whose knowledge of the inner workings of the government complements the years of industry experience that our practitioners bring to bear on behalf of clients.
Mergers and Acquisitions
Ranked among Corporate Board Member’s best corporate law firms in the United States, Covington represents companies in the aerospace, defense, and national security industries in public and private transactions worldwide.
Our M&A clients include Global 100 companies, private equity firms and investment banks as well as venture-backed companies who depend on our industry knowledge to support their formative transactions. We have particular expertise in regard to both government contracts transactions and assisting clients in navigating the CFIUS review process.
For our M&A work in the aerospace, defense, and national security industries, we form interdisciplinary teams of Covington lawyers, many of whom hold active U.S. Government security clearances, who are well positioned to address all aspects of the deal. Lawyers in our regulatory and industry practices work alongside deal counsel to identify and evaluate legal risk associated with the regulatory environment, and to develop and negotiate structures to accomplish our client’s business objectives.
Public Policy and Government Affairs
Covington is recognized as among the best government relations firms in the United States and Europe by Chambers and Partners, Legal 500 and The National Law Journal, where the firm ranks among the top five U.S. government affairs practices in its Influence 50 survey.
Our success helping clients through uniquely complex situations, where commercial interests are entangled with domestic politics and international policies, has earned us a reputation as global problem-solvers. Our “law-plus” approach to legal and regulatory issues includes carefully managing the larger political and business contexts surrounding them.
Covington’s roster of former government officials bring decades of experience in the U.S. Departments of Defense, Treasury, State, Commerce, Homeland Security, and Justice, the National Economic Council within the White House, and the Office of the U.S. Trade Representative.
Our team includes members of Congress who held positions of national security leadership in the Senate and the House as well as former staff members with Committees of jurisdiction such as the House Armed Services Committee.
Covington also represents corporations and individuals in congressional investigations. Our work spans the full scope of investigations—from discreet requests resolved with little public attention to some of the most high-profile and contentious investigations and oversight hearings for global companies.
Our clients include Fortune 100 and 500 companies, and we have prepared numerous CEOs and other senior corporate officers to testify before congressional oversight panels.
Trade Controls
Covington’s trade controls team is consistently ranked as a top practice by Legal 500 and Chambers and Partners, which has identified us as “the leading firm for export controls issues.”
Our team advises on all aspects of compliance with the International Traffic in Arms Regulations (ITAR) and the dual-use export controls of the Export Administration Regulations (EAR). We provide legal advice on the full range of advisory and enforcement matters involving U.S. and European defense trade controls, including compliance across various jurisdictions with export controls, economic sanctions, and antiboycott laws and regulations.
Our work includes:
We also provide counsel on the nuclear export controls administered by the Department of Energy and Nuclear Regulatory Commission (NRC). We regularly interact with and appear before the key trade controls agencies, including the Directorate of Defense Trade Controls (DDTC) and the Bureau of Industry and Security (BIS).
We are also well-versed on treaties that have an impact on defense trade, including the Defense Trade Cooperation Treaties that the U.S. has signed with the United Kingdom and Australia, as well as the Arms Trade Treaty and the Convention on Cluster Munitions.
The SAFETY Act, administered by the U.S. Department of Homeland Security, provides liability protection to the makers and users of anti-terror technology in the event of a terror attack. We have successfully guided clients from virtually every major industry in the United States, including government contractors, airports, port authorities, chemical companies, large sports stadiums, and professional sports leagues, through the SAFETY Act application process and secured SAFETY Act protection for a wide range of technologies.
Represented Rafael Advanced Defense Systems on various matters, including in its acquisition of the remaining membership interests in Cubic Advanced Technical Systems.
For pharmaceutical, energy, and defense companies entering into R&D contracts, grants, and cooperative agreements with federal agencies (including DoD, DOE, and HHS), we have successfully developed and implemented strategies for protecting our clients’ intellectual property. We have helped our clients limit or avoid government IP rights through the use of alternative contracting vehicles, specially negotiated contract clauses, properly drafted statements of work, and other means. We have also obtained waivers of patent ownership from federal agencies, as well as waivers of the U.S. manufacturing requirements under the Bayh-Dole Act.
Represented Mubadala Development Company and Advanced Technology Investment Company in joint venture with Advanced Micro Devices to form GLOBALFOUNDRIES, and represented GLOBALFOUNDRIES in its acquisition of IBM’s semiconductor manufacturing business.
Represented private equity firm Lindsay Goldberg and PAE as regulatory counsel in six different M&A transactions that have grown PAE to a defense contractor with annual revenue in excess of $2 billion. Our work began in 2011 with Lindsay Goldberg’s acquisition of PAE from Lockheed Martin, and continued through to PAE’s acquisitions of Defense Support Services, CSC’s Applied Technology Division, USIS’s Global Security and Solutions Business, and A-T Solutions and to Lindsay Goldberg’s 2016 sale of PAE to Platinum Equity. Our work in each of these deals has included government contracts, national security, trade controls, and anti-corruption due diligence and advice on transaction structuring, novations, and regulatory approvals.
Advised multiple sellers of military products to foreign governments through the Foreign Military Sales (FMS) and Foreign Military Financing (FMF) processes, gaining approval from the Defense Security Cooperation Agency for the sales and for using financing from FMF and commercial banks to enable the transactions.
For a U.K.-based company in the aerospace sector, we drafted a Technology Control Plan taking into account the applicable EU, Member State, and U.S. trade controls.
Filed a Supreme Court amicus brief on behalf of a government contractor trade association in support of a U.S. Navy contractor being sued for unwanted text messaging. The proposed class action raised significant questions regarding the application of derivative sovereign immunity to private contractors performing work on behalf of the federal government.
When the Central Intelligence Agency (CIA) issued an RFP for cloud services, we filed a protest challenging the terms of the RFP as unduly restrictive of competition. After discussion with the U.S. Government Accountability Office (GAO), the agency agreed to amend the RFP to revise the terms at issue in the protest.
Conducted a due diligence review of International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), economic sanctions, and anti-boycott compliance in connection with the acquisition of a U.S. defense subcontractor by a foreign buyer.
One of our clients provides a key component of the F-35 Joint Strike Fighter. A rival contractor sued the U.S. government in the Court of Federal Claims, alleging that the component infringed its patent. We intervened on behalf of our client and persuaded the court to rule that the patent is invalid.
Successfully represented a major defense IT contractor in an audit of two U.S. General Services Administration (GSA) Schedule contracts by the GSA Inspector General (IG), in which the IG initially asserted a claim for the repayment of tens of millions of dollars. The matter was resolved for less than $5,000.
When the U.S. Army awarded a $200 million contract for IT services, we protested the award, arguing that the awardee had an organizational conflict of interest and gained an unfair competitive advantage by hiring a former government official. The agency took corrective action in response to the protest.
When the federal government awarded a contract worth more than $2 billion for the development and delivery of a medical countermeasure, we protested at the U.S. Government Accountability Office (GAO). After many rounds of briefing, and a hearing before GAO, the agency agreed to cancel and re-compete the majority of the contract.
When the U.S. Department of Defense (DoD) conducted a competition for an Advanced Development and Manufacturing (ADM) facility for medical countermeasures, we protested DoD’s exclusion of one of the offerors from the competitive range. The protest issues were of extraordinary technical complexity, but after several rounds of briefing, we convinced the agency to reverse course and invite the offeror back into the competition.
When the U.S. Missile Defense Agency (MDA) awarded a contract to our client for engineering and support services, a competitor protested. We successfully defeated the protest.
When the U.S. Transportation Command issued a $1.6 billion multiple-award contract for transportation services, we protested the agency’s decision not to include our client among the awardees. After briefing and subsequent negotiations, the agency agreed to award a contract to our client.
We successfully defended a Navy prime contractor accused of misusing its subcontractor’s design data. We convinced the court that the Defense Federal Acquisition Regulation Supplement (DFARS) data rights clauses allowed the client to use and distribute the data, resulting in a complete summary judgment for our client.
Represented private equity firm Veritas Capital as regulatory counsel during its pending acquisition of Alion Science & Technology Corporation, a leading provider of engineering services to the Department of Defense. We handled government contracts, trade controls, and national industrial security due diligence.
Represented contractors in negotiating and administering contracts to design, build, finance, own, and operate energy and water and wastewater facilities on U.S. military bases, leaving the military to perform its core functions.
Represented Rolls-Royce in the acquisition of R.O.V. Technologies, Inc. by Rolls-Royce’s technical services subsidiary, R. Brooks Associates.
Represented ThreatGRID, Inc. in its sale to Cisco Systems, Inc.
Our client sold microchips under a U.S. Air Force Foreign Military Sales (FMS) transaction to a foreign ally’s defense ministry, in a “back-to-back” sale under the Arms Export Control Act (AECA), in which the Air Force purchased the microchips from our client and then sold them in turn to the foreign defense ministry. The foreign defense ministry then sought to present warranty claims directly against our client, claiming to be a third-party beneficiary under our client’s contract with the Air Force. We waged successful litigation in federal trial and appellate courts raising issues of first impression, which established that third-party beneficiary claims are not available, given the public policy and intent of the AECA.
Represented a U.S. electronics manufacturer in federal trial and appellate courts against contract claims by a foreign sovereign government asserting third-party beneficiary rights under a Foreign Military Sales (FMS) contract. The case raised issues of first impression under the Contract Disputes Act and Arms Export Control Act (AECA).
Represented BAE Systems, Inc. in its acquisitions of Armor Holdings, MTC Technologies, Advanced Ceramics Research, Atlantic Marine, OASYS Technology, and Intelligence Service Business of L-1 Identity Solutions (among others).
Represented Enstrom Helicopter in its acquisition by Chongqing Helicopter Investment Co., Ltd., a company owned by the Municipality of Chongqing, China.
Represented Virgin Galactic in Aabar Investments PJSC’s investment in the company.
Represented Align Aerospace in its acquisition by a subsidiary of Aviation Industry Corporation of China (AVIC), the Chinese state-owned aerospace and defense company, in a transaction worth $220 million.
Advised multiple clients on matters arising from their negotiation and performance of manufacturing and research and development contracts relating to various pandemic and Chemical, Biological, Radiological and Nuclear (CBRN) threats, including matters relating to government indemnification or liability protection for unusually hazardous risks, compliance with cost standards and principles, and protection of intellectual property.
Counseled a major defense contractor on how to mitigate potential future tort risk during contract discussions with the U.S. government. The military wanted the contractor to provide support for a significant anti-terrorism initiative, and the contractor needed advice on how best to structure the contract to minimize its risk and maximize its protection in the event of third-party claims arising from its contract performance.
Search warrants executed simultaneously on both coasts triggered an aggressive investigation of alleged Cost Accounting Standards (CAS) violations. First, we persuaded the U.S. Attorney to terminate its criminal case. Next, we convinced the Department of Justice’s Civil Frauds division that the case had no merit. Finally, we obtained a dismissal on motion of a pending qui tam case. After winning on all fronts, the client was able to submit and recover allowable costs of defense, including legal fees.
Represented Northrop in the sale of its Viper Strike business to MBDA.
Represented companies in obtaining favorable product jurisdiction rulings on aircraft parts, materials, and other items.
Assisted in the structuring of multi-billion dollar bank facilities to finance the manufacture and delivery of major defense systems to foreign governments under Foreign Military Sales (FMS) contracts.
Advised a publicly-traded investment company on government contracts and national industrial security matters related to a debt financing arrangement involving a contractor with significant classified operations.
Led more than a dozen internal investigations for a military aircraft manufacturer, including drafting voluntary disclosures filed with the Departments of State and Commerce that were successfully resolved. Also developed export compliance plans for several of the company’s high-profile international projects.
Secured Second Circuit affirmance of a summary judgment ruling in favor of our client United Technologies in a 401(k) plan expense class action lawsuit, for which plaintiffs had calculated alleged damages of $230 million. Taylor v. United Technologies Corp., 354 Fed. Appx. 525 (2d Cir. 2009).
A global air cargo company wanted to enhance its political influence as a respected industry voice on public policy issues in order to advance its global business objectives. We helped the company resolve difficult regulatory disputes in several countries, including a fast-moving dispute in China that endangered its business model. We also achieved legislative success for the company in the U.S. Congress on defense policy matters in the authorization bill (NDAA).
Obtained a complete jury verdict for an aerospace contractor accused of conspiring with the employee of a competitor to misappropriate trade secrets. The plaintiff had sought $30,000,000.
Represented executives of various airlines in investigations in the air cargo and passenger industries in several jurisdictions.
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.
We provide strategic advice and advocacy support before the Congress to a prime U.S. subsidiary of a non-U.S. defense contractor on matters involving ground combat vehicles.
We advised a non-U.S. defense company on its legislative and executive branch strategy in its bid competition for a major U.S. Air Force weapons acquisition program.
Representing Asiana Airlines in a National Transportation Safety Board (NTSB) investigation into the Asiana Airlines Flight 214 accident at San Francisco Airport.
Advising a major multinational aerospace company regarding the application of European export controls to its operations at multiple sites across 10 countries.
We advised a major U.S. defense company in advocacy efforts before Congress in support of a major weapon acquisition system valued at $50 billion.
Represented Rafael Advanced Defense Systems in its acquisition of the remaining membership interests in Cubic Advanced Technical Systems.
Represented the Carlyle Group in various matters, including sale of Landmark and Standard Aero to Dubai Aerospace International, and proposed sale of John Maneely Company to OSJC Novolipetsk Steel.
Represented United Technologies in settling a criminal and civil export controls matter with the United States Department of Justice and Department of State.
Represented Hong Kong Aircraft and Engineering Co. (HAECO) in its acquisition of TIMCO Aviation.
Representing an aerospace technology company in its negotiation of a Cooperative Research and Development Agreement (CRADA) with the U.S. Air Force Research Laboratory for the testing and validation of privately developed propulsion technology. Addressing key intellectual property protection issues.
Advised Fortune 50 consumer products company about its rights and obligations under a Cooperative Research and Development Agreement (CRADA) with a U.S. Department of Energy weapons lab.
Negotiated a Cooperative Research and Development Agreement (CRADA) with the U.S. Department of Defense for evaluation of innovative automotive technologies in connection with the precursor of the LMTV program.
Represented the Carlyle Group in various matters, including the sale of Landmark and Standard Aero to Dubai Aerospace International.
Successfully represented a major defense contractor, through trial and decision, in board of contract appeals litigation involving the allowability of private security costs allegedly incurred in connection with providing logistical support to the U.S. military during the Iraq War. The case raised cutting-edge cost allowability, contractor-on-the-battlefield, and statute of limitations issues.
Represented CVG, Inc. in its sale to Integral Systems, Inc.
Developed a major defense company’s comprehensive export controls compliance best-practices manual covering a range of export control topics. We seconded one of our associates to the company’s core export compliance organization to work on this project, which required synthesizing existing company compliance material and standardizing export compliance practices across a diverse group of businesses.
Represented Elbit Systems in acquisitions of Tadiran Communications (including Talla-Com and Tallahassee Technologies), Innovative Concepts, and M7 Aerospace (among others).
Represented numerous U.S. defense and aerospace companies in enforcement investigations before the State Department’s Directorate of Defense Trade Controls and the Department of Justice.
Obtained dismissal of a wrongful death case brought against a major government contractor for alleged gamma radiation exposure from a cargo screening device it manufactured for national security/border protection purposes. Early in the case, and only after minimal discovery, we successfully asserted the government contractor defense and convinced the trial court that the government had meaningfully reviewed and approved the product’s design specifications, that the product conformed with those specifications, and that the contractor had no knowledge of any product risks or hazards unknown to the government.
Obtained dismissal of wrongful death claims against a military support contractor following an insurgent attack on a supply convoy in Iraq. After the district court refused to dismiss the case, we successfully brought an interlocutory appeal and persuaded the court of appeals that the Defense Base Act provided an exclusive remedy and barred the employee claims.
Persuaded a district court to dismiss a tort suit brought against a large logistical services contractor for injuries sustained by a soldier on a military base in Iraq. The district court and the court of appeals agreed that the case raised political questions because of the involvement of the military that were outside the scope of judicial review.
Represented an aerospace company at 5,000 acre Superfund site in California involving VOCs, perchlorate and NDMA, including negotiating consent decree for completion of investigations, advice on remedy issues, and negotiating with water entities over replacement water supply claims.
On behalf of a defense manufacturer in response to proposed debarment by the U.S. Army, conducted an internal company investigation and prepared the company’s formal response, resulting in the Army’s termination of the proposed action.
Represented private equity firm Veritas Capital as regulatory counsel during its acquisition of EMCORE’s Space Photovoltaics business, and represented the business, which is now known as SolAero Technologies Corp., during its subsequent acquisitions of Alliance Spacesystems and Vanguard Space Technologies. We handled government contracts, trade controls, anti-corruption, and other regulatory due diligence, and also assisted with contract novations.
We have a leading practice advising Internet companies and cloud service providers on responding to legal demands seeking access to customer data or network surveillance, served by governments around the world.
We have directed the investigations and response into APT attacks from state-sponsored actors and sophisticated criminal groups targeting intellectual property and other proprietary information. These attacks, and the responses, have spanned multiple industries and global companies, with investigations covering four continents.
We have handled multiple large cyber-based financial crimes, including, among others, assisting in the response to one of the largest criminal organization ATM cash drawdowns in U.S. history.
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.
A U.S. defense company faced stiff competition from a non-U.S. competitor in connection with the deployment of its technology in a NATO-member country, which was seeking a complementary commitment from the U.S. government. We conducted high-level advocacy in the United States, helping our client obtain the needed commitment to secure the transaction-a deal valued at about $5 billion.
We achieved a significant legislative victory for a major retail corporation when Congress passed the FY 2017 National Defense Authorization Act with new authorities to expand patients’ access to retail pharmacies. Our objective was to overcome the exclusion of chain and local pharmacies from providing brand maintenance drugs under TRICARE at the same rates available for prescriptions filled at military treatment facilities or through mail-order pharmacies, which caused significant losses to chain and local pharmacy businesses and limited beneficiaries’ access to retail pharmacies. Our efforts led to the inclusion of a pilot program allowing pharmacies to provide brand maintenance drugs to TRICARE beneficiaries. The bill passed with overwhelming support in both the House (375-34) and the Senate (92-7).
May 23, 2017, The Wall Street Journal
James Garland is quoted in The Wall Street Journal's "Morning Risk Report" regarding the announcement of the Terrorist Financing Targeting Center which will be co-chaired by the U.S. and Saudi Arabia. It's "hard to know whether this will amount to much," says Garland, noting no funds from existing programs will be diverted to support the center. He adds, ...
May 18, 2017, Covington Alert
On May 18, 2017, newly confirmed U.S. Trade Representative Robert Lighthizer formally notified Congress that President Trump intends to renegotiate the North American Free Trade Agreement (NAFTA). The Trump Administration has indicated that it will request public input on the “direction, focus, and content” of these negotiations, and will publish notice in the ...
May 2, 2017, BNA's Federal Contracts Report
Peter Lichtenbaum and Fred Levy are quoted in a Federal Contracts Report article regarding the dispute, which is on appeal in the Fourth Circuit, between South Korea and BAE following the failure to finalize a deal to upgrade the F-16 jet. According to Lichtenbaum, the contracting community would expect the Fourth Circuit not to enforce the BAE-South Korea ...
May 2, 2017, ABC7
Roger Zakheim appeared on ABC7's 'Government Matters' to discuss the increase in Defense Department funding for the remainder of FY 2017. According to Zakheim, "This has been a long time coming for the department of defense…they really needed to have these appropriations pass." When asked to how to best proceed with the DoD's budget for FY 2018, Zakheim ...
May 2017, ABA PCLS Contract Claims and Disputes Resolution Committee
May 2017, Pratt's Government Contracting Law Report
April 25, 2017, Bloomberg BNA
Scott Freling is quoted in a Bloomberg BNA article discussing why defense contractors should prepare for a possible government shutdown. According to Freling, a certain amount of complacency, especially in the Washington area, has crept into companies regarding brinksmanship surrounding federal funding deadlines. “My sense is that contractors are refreshing ...
April 21, 2017, Covington Alert
On April 20, 2017, President Trump issued a memorandum announcing that the Secretary of Commerce had initiated an investigation to determine the effects of imported steel on national security. The investigation was initiated under Section 232 of the Trade Expansion Act of 1962, as amended. While it remains to be seen what actions the Administration might ...
April 19, 2017, Law360
President Donald Trump took a significant step this week toward implementing his often touted objective of protecting U.S. manufacturers and workers by signing the “Presidential Executive Order on Buy American and Hire American” on April 18, 2017. In addition to addressing reforms to the H1-B visa program to protect U.S. workers, the EO sets forth a policy and ...
April 19, 2017, American Bar Association
Two things seem to be relatively certain in the Trump Administration: Federal government contracting will continue, and as a result, there still will be disputes between federal agencies and contractors. In fact, based on reports about increasing infrastructure and defense spending, some areas of government contracting may even be on the rise. This is Part 1 of ...
April 18, 2017, Law360
Fred Levy is quoted in a Law360 article regarding the effect of President Trump’s “Buy American, Hire American” Executive Order on federal contractors. Commenting on supply-chain adjustments made to items from overseas, Levy says, “If they change the Buy American Act to flow those requirements all the way back down again so it’s not just components, but any ...
April 13, 2017, Law360
Thomas Repke is quoted in a Law360 article regarding his arrival to the firm’s Mergers and Acquisitions practice. “This is an opportunity to share best practices, put the best teams together, which the firm is really conducive to,” Repke says. “Providing excellence in client service and that’s really the goal. Having been in-house for the past seven years, ...
April 12, 2017, Covington Alert
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).
April 10, 2017, Westlaw Journal
April 6, 2017, Public Contracting Institute
April 4, 2017
WASHINGTON—Thomas Repke, who has extensive M&A private practice and in-house experience, has joined Covington as a partner in its Mergers and Acquisitions practice in Washington. Most recently, Mr. Repke served as lead counsel for Tyco on all M&A, divestiture, joint venture, and investment transactions across all business units. While at Tyco, he helped ...
March 23, 2017, Die Zeit
Jennifer Plitsch is quoted in a Die Zeit article regarding the Department of Homeland Security’s request for U.S.-Mexico border-wall prototypes. Commenting on the short time frame interested companies have to create a concept, Plitsch says, “The schedule is breathtakingly close.”
March 15, 2017, Defense News
Roger Zakheim is quoted in a Defense News article regarding the release of the highly anticipated 2018 budget blueprint by the Trump Administration. According to Zakheim, the Overseas Contingency Operations (OCO) will “for sure” end up playing a part in the budget discussions, despite Mick Mulvaney's previous attempts to restrict the use of the funding ...
March 15, 2017, American Enterprise Institute
Roger Zakheim participated at an American Enterprise Institute event discussing the future of the Overseas Contingency Operations (OCO) account and the role that this emergency war spending will play as the Trump Administration and Congress seek to increase defense spending. According to Zakheim, the major factor that…has really altered the way OCO is looked at ...
March 2017, National Defense
March 2017, Pratt's Government Contracting Law Report
February 28, 2017
WASHINGTON—Covington represented semiconductor manufacturer Intersil Corporation in its $3.2 billion sale to Japan’s Renesas Electronics Corporation. The firm advised Intersil on aspects of the transaction involving Committee on Foreign Investment in the United States (CFIUS), Foreign Ownership, Control, or Influence (FOCI), trade controls, and government ...
February 7, 2017, Inside Defense
Roger Zakheim is quoted in an Inside Defense article regarding the contracting industry’s reactions to President Trump’s plan to reduce government regulations. Commenting on the Pentagon’s stance, Zakheim says that while it will see the executive order applied to it, the Defense Department has "very active congressional oversight and regular annual legislation, ...
February 6, 2017, Law360
Beth Brinkmann is quoted in a Law360 article regarding her recent arrival to Covington’s Appellate and Supreme Court Practice Group. According to Brinkmann, “The teamwork and collaboration at Covington is incredible and the strength of its appellate practice attracted me to the firm.”
February 2, 2017, Commercial Dispute Resolution
Beth Brinkmann and Robert Long are quoted in a Commercial Dispute Resolution article regarding Brinkmann’s arrival to Covington’s Appellate and Supreme Court Practice Group. Citing “Covington’s long history litigating important cases in the Supreme Court,” Brinkmann says she looks forward to the opportunity to help expand the appellate practice. According to ...
January 31, 2017
WASHINGTON—Beth Brinkmann has joined Covington as a partner in the firm’s Appellate and Supreme Court Practice Group in Washington. Ms. Brinkmann served as Deputy Assistant Attorney General in the Civil Division of the U.S. Department of Justice from 2009 to 2016. She has argued 24 cases before the Supreme Court of the United States. Ms. Brinkmann is an ...
January 31, 2017, The National Law Journal
Beth Brinkmann is quoted by The National Law Journal in an article regarding her arrival to Covington’s Appellate and Supreme Court Practice Group. "Covington turned out to be just a really unique opportunity," Brinkmann says. The firm is "a longstanding presence in the legal community," she adds, praising the "culture of teamwork."
January 23, 2017, Law360
Alan Pemberton is quoted in a Law360 article regarding President Trump’s use of Twitter to involve himself in the federal contracting process. According to Pemberton, "I'm not aware of a president doing quite what President Trump has done." He adds, "It's important to remember that the president certainly has considerable power in the bully pulpit, but ...
January 12, 2017, The Wall Street Journal
Sandy Hoe is quoted by The Wall Street Journal in an article regarding Donald Trump’s focus on the defense sector and his ability to negotiate military deals. According to Hoe, "The president doesn't have the authority just by fiat to negotiate a contract or the terms of a contract."
January 11, 2017, National Defense
Peter Lichtenbaum was a panelist at the National Defense Industrial Association event “Reforming the Security Cooperation Enterprise” and is quoted in a National Defense article regarding the effect the Trump administration may have on foreign military sales. According to Lichtenbaum, it will take some determined efforts to educate the next administration on how ...
January 3, 2017
WASHINGTON—Law360 has named six Covington lawyers as MVPs in their respective practice areas. The awards single out lawyers from across various practice areas based on their “success in high-stakes litigation, complex global matters, and record-breaking deals.” The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...
January 2, 2017, Phoenix Business Journal
Roger Zakheim is quoted by the Phoenix Business Journal in an article regarding the effect of Donald Trump on defense businesses in Arizona. According to Zakheim, “The 2018 budget request, I expect it to be little higher than what the Obama administration was planning, but I don’t think it will be a great departure.”
January 2017, Pratt’s Government Contracting Law Report
December 13, 2016, Law360
Jay Carey is quoted in a Law360 article providing a review of significant government contracts policy developments in 2016. Commenting on the 2017 National Defense Authorization Act, Carey says, “I think the provision that puts a thumb on the scale against using LPTA [the lowest price technically acceptable model] is important, and in the long run beneficial not ...
December 12, 2016, Law360
Law360 selected Jay Carey as a 2016 Government Contracts MVP and profiled his involvement in a number of major bid protests by federal contractors in a variety of industries, such as UnitedHealth’s challenge to $58 billion Tricare contracts. According to Carey, “One of the things I really enjoy about it is that every protest is a challenge in terms of learning ...
December 6, 2016, National Defense
Senator Jon Kyl participated in a panel at the Reagan National Security Forum and is quoted in a National Defense article regarding U.S. nuclear arsenal and missile defense. According to Kyl, the bill to upgrade the nuclear enterprise will be “massive.” “We’ve allowed it to atrophy and we’ve allowed a lot of obligations to pile up that should have been taken ...
November 15, 2016, Washington Examiner
Roger Zakheim is quoted in a Washington Examiner article regarding how obstacles in Congress could disrupt Donald Trump’s plans to increase defense spending. According to Zakheim, there's an "opportunity" for a deal to raise the budget caps given the consensus and lack of controversy surrounding defense spending, but that it wouldn't be the first time arguments ...
November 2016, Government Contracting Law Report
October 5, 2016
WASHINGTON—Zachary Mears has joined Covington as a Senior Advisor in the Aerospace, Defense, and National Security industry group and the Public Policy and Government Affairs practice. Dr. Mears previously served as the Chief of Staff to the Deputy Secretary of Defense and Deputy Chief of Staff to the Secretary of Defense. He advised the Secretary and Deputy ...
October 3, 2016, Federal Contracts Report
Susan Cassidy is quoted in a Federal Contracts Report article regarding the Defense Department’s updated cyber incident reporting rule. According to Cassidy, the rule succeeded in clarifying some industry concerns, but did not address them all. “They didn't take an opportunity to clarify everything you might have hoped they would.” For example, when asked ...
September 21, 2016
SHANGHAI—China Law & Practice has named Covington as “Regulatory & Compliance Firm of the Year” at its annual award ceremony. The leading Chinese legal publication also recognized Shanghai partner Eric Carlson as “Regulatory & Compliance Lawyer of the Year” and the firm for its role in the “Outbound Deal of the Year,” China National Tire & Rubber’s $7.8 billion ...
September 12, 2016
LOS ANGELES—The Los Angeles Business Journal has recognized Aaron Lewis as one of the “Most Influential Minority Lawyers” in Los Angeles. The inaugural list names 40 “stellar minority lawyers in the LA region,” highlighting recent success in their respective areas of practice. The Los Angeles Business Journal highlighted Mr. Lewis’s recent significant ...
September 8, 2016, CQ News
Roger Zakheim is quoted in a CQ News article regarding how the November elections could speed up the passage of the National Defense Authorization Act, and how it may give Republicans supporting the defense bill a political boost. There is obvious political value for candidates who can show their ability to take care of service members and veterans back home — ...
August 23, 2016, Federal Contracts Report
Roger Zakheim is quoted in a Federal Contracts Report article regarding the DOD acquisition overhaul. According to Zakheim, a better argument for defense reform is that the enemy has a vote. And the threats have evolved since the binary conflict of the Cold War. He continues by saying that today's military confronts a host of challenges and domains that didn't ...
August 19, 2016, Inside Defense
Susan Cassidy is quoted in an Inside Defense article regarding the DOD’s proposed rule change to implement sections of the National Defense Authorization Acts for Fiscal Years 2013 and 2016 relating to commercial item acquisitions. According to Cassidy, "They were going to take out the 'of a type' commercial item, and that's been a big deal with DOD for a long ...
August 10, 2016, The Wall Street Journal
Michael Chertoff is quoted in a Wall Street Journal article regarding the launch of Australia’s specialized cyber unit in response to increased money laundering efforts by hackers and other terrorists. According to Chertoff, the move by Australia reflects the reality that financial transactions are increasingly taking place outside the traditional financial ...
July 18, 2016, Federal News Radio
Michael Chertoff appeared on Federal News Radio for a panel discussion on the current cybersecurity environment and the evolution of data-centric security. “What’s different now is because of modern data analytics, the ability to take huge volumes of data at enormous scale and then to be able to analyze and make use of that data is something that’s brand new.”
2017
Our Brexit Task Force is staffed by senior lawyers and advisors across London, Brussels, and Washington to monitor events and to keep clients apprised of legal, regulatory, and policy developments. We are advising clients across a wide range of businesses and industries on the impact and implications of Brexit, including on strategic policy and regulatory ...
June 24, 2016, Covington Alert
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 ...
June 2, 2016, National Defense
Patrick Stanton and Hunter Bennett are quoted in a National Defense article regarding proposed legislation that would penalize contractors who challenge the government with frivolous protests to hold a job until the protest is settled. Stanton and Bennett, wondering if these provisions “simply go too far,” write, “Clearly aimed at curbing the practice of ...
May 25, 2016, Inside Defense
Jay Carey is quoted in an Inside Defense article regarding the defense industry’s reaction to protest reform ideas being proposed by Capitol Hill and the Pentagon. According to Carey, the defense industry has a more “balanced view of protests.” “They're coming at it not only as a company that sometimes files protests, but as a company that wins awards and has ...
May 23, 2016, Inside Defense
Jay Carey is quoted in an Inside Defense article regarding the defense policy bill approved by the Senate Armed Services Committee which would block GAO protests for task orders. According to Carey, if the bill is passed, it would mean that there is "no effective oversight of task order awards -- which are now a huge part of the procurement process." He ...
May 19, 2016, Federal Contracts Report
Jay Carey is quoted in a Federal Contracts Report article regarding contractor concerns sparked by the Senate version of the National Defense Authorization Act (NDAA), which includes a “loser-pays” provision in bid protests. “I think contractors should be quite concerned” with the Senate version of the NDAA as it now stands, says Carey. “Protests are a critical ...
May 2016, National Defense Magazine
April 25, 2016, Inside Defense
Jay Carey is quoted in this Inside Defense article discussing House Armed Services Committee Chairman Mac Thornberry’s expectation that lawmakers will debate proposals to reform the way defense contractors protest losing bids. Carey, disagreeing with Thornberry’s view, says it is inaccurate to characterize contractor protests as being out of control. “Some folks ...
April 21, 2016, National Defense
Roger Zakheim’s remarks made at the NDIA Forum on defense acquisition reform are quoted in this National Defense article. According to Zakheim, “[HASC Chairman] Thornberry knows that when it comes to defense acquisition, he can’t legislate out of the problem. Legislation is just one tool he has. He knows he has to keep pressing the DoD leadership.”
April 20, 2016, National Defense
Roger Zakheim’s remarks made at the NDIA Forum on defense acquisition reform are quoted in this National Defense article. According to Zakheim, it would be shortsighted of lawmakers to zero in on reforming major acquisition programs. Growth in operating and sustainment costs, as well as spending on the acquisition of services by the Defense Department, eats into ...
April 13, 2016, National Defense
Scott Freling is quoted in this National Defense article exploring the DOJ and FTC joint statement on preserving competition in the defense industry. According to Freling, the interagency truce should “provide some comfort” to defense contractors that mergers and acquisitions can go forward, albeit “under the right circumstances.” Brown adds, the statement ...
April 6, 2016, Global Investigations Review
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 ...
April 2016, National Defense Magazine
March 28, 2016
WASHINGTON, DC - The American Lawyer has named Covington partners Mark Plotkin and David Fagan as “Dealmakers of the Year.” The annual feature showcases “the lawyers behind the most significant work” in dealmaking. In its profile of Mr. Plotkin and Mr. Fagan in the magazine’s April 2016 issue, The American Lawyer praises the pair’s strategy that steered ...
March 16, 2016, C-SPAN
March 2016, National Defense Magazine
February 29, 2016
WASHINGTON, DC - Peter Hutt II has joined Covington as a partner in the Government Contracts practice. “Further enhancing Covington’s standing within the defense community as a leader in the False Claims Act and government cost accounting standards fields remains a key priority for the firm,” said Jennifer Plitsch, co-chair of the firm’s Government Contracts ...
January 5, 2016, Covington Alert
December 2015, National Defense Magazine
October 12, 2015, National Defense Magazine
Peter Lichtenbaum is quoted in this National Defense Magazine blog post discussing the push by the Pentagon to attract innovative technology firms and to create new business relationships with the commercial tech sector. Although conversations between government officials and tech leaders are occurring, there are some doubts about the future success of these ...
October 5, 2015, Washington Examiner
Co-chair of both the International Trade and Finance practice and Aerospace and Defense Industry Group Peter Lichtenbaum discusses the Pentagon’s defense acquisition reform to ensure more efficient transfer of technology to the armed services. Lichtenbaum stresses the importance by saying that in the past decade of war, American lives were needlessly lost ...
July 13, 2015, China Law & Practice
July 10, 2015, Covington Alert
July 2, 2015, Covington Alert
June 9, 2015, InsideCounsel
March 26, 2015, The National Law Journal
Covington's Dan Suleiman, who was Asiana Airlines Inc.’s lead litigator in the National Transportation Safety Board’s investigation of the July 2013 crash at San Francisco International Airport, is quoted: "The facts, once they’re clear, could support wrongful death or negligence claims but a settlement is the most likely outcome, said Daniel Suleiman, ...
March 19, 2015, Slate
Covington's Brian Smith is quoted regarding commercial drone use: The broad definition of “commercial” in the context of drone flying likely has a lot to do with the confusion as well. “The FAA has traditionally adopted a very broad view of activities that constitute commercial operations,” says lawyer Brian D. Smith of Covington & Burling LLP. “In short, ...
March 17, 2015, Law360
March 12, 2015, InsideCounsel
February 19, 2015, Inside Counsel
November 18, 2014, National Review Online
Covington's Roger Zakheim wrote this article on the defense budget: "This month’s election results represent the first time in four years that the political stars might be aligned for defense hawks. Republicans won big in 2010, but that election proved a disappointment, as of course did 2012. The difference this time is that Republicans have captured the Senate ...
August 31, 2014, Defense News
Roger Zakheim is quoted in this article on the Islamic State terrorist group and its implications on the Defense Department's 2015 budget proposal. "Lawmakers want Obama to seek congressional approval before launching any strikes against Islamic State targets inside Syria. Zakheim said such a vote could give House and Senate leaders an opportunity to use a new ...
August 8, 2014, National Review Online
Roger Zakheim writes about a report that the National Defense Panel issued warning of the crisis facing our military and national security: "The composition of the panel is enough to spark intrigue: What happens when you combine President Clinton’s defense secretary and a former vice chairman of the Joint Chiefs of Staff, often referred to as Obama’s general, ...
June 26, 2014
Covington's Roger Zakheim spoke with Federal News Radio's Francis Rose to discuss the federal defense budget. "The White House wants 60 billion dollars for the Pentagon's overseas contingency operations in fiscal 2015. Defense News reports the President's OCO budget has an extra 5 billion dollar request for a new counterterrorism fund, too. Over the next few ...
May 14, 2014, Bloomberg
Covington's Roger Zakheim is quoted regarding defense budget cuts, '“You need to have a reservoir of support, a foundation of members who value and understand what you’re bringing to the table for national security,”' said Roger Zakheim, a former general counsel for the Armed Services Committee who now works for the law firm Covington & Burling LLP."
May 1, 2014
"The House Armed Services Committee will soon mark up the National Defense Authorization Act. But all the subcommittee markups may be for nothing. The Obama Administration says it can't submit an Overseas Contingency Operation budget until it knows the results of the election in Afghanistan and some leaders in the House say the NDAA doesn't mean much without the ...
April 15, 2014, Covington E-Alert
February 13, 2014, Covington E-Alert
January 21, 2014, Covington E-Alert
November 21, 2013, Covington E-Alert
November 4, 2013, Covington E-Alert
October 4, 2013
WASHINGTON, DC, October 4, 2013 — Roger Zakheim, general counsel of the U.S. House Armed Services Committee, is joining Covington & Burling, effective November 4, and is expected to play a key role in the firm’s global public policy and government affairs and defense, homeland, and national security practices. “Roger is a dynamic addition to the firm’s ...
9/27/2013
WASHINGTON, DC, September 27, 2013 — Covington & Burling and George Washington University’s Cybersecurity Initiative yesterday co-hosted a program that examined the growing threat of economic and cyber espionage and the need to protect trade secrets. In conjunction with the event, Covington and GW’s Cybersecurity Initiative released an issue brief on the legal ...
April 25, 2013, Law360
April 2013, The Procurement Lawyer
March 14, 2013
WASHINGTON, DC, March 14, 2013 — Congressman Howard Berman, a widely respected leader in the U.S. Congress, is joining Covington & Burling’s global public policy and government affairs practice. The addition of Rep. Berman, the former chairman of the House Foreign Affairs Committee, comes a week after Sen. Jon Kyl joined Covington’s public policy and government ...
March 6, 2013
WASHINGTON, DC, March 6, 2013 — Senator Jon Kyl, who recently left Congress as the second-highest ranking Republican in the U.S. Senate, is joining Covington & Burling’s global public policy and government affairs practice. “Senator Kyl’s deep knowledge and extraordinary legislative skills from his years as a senior leader in Congress make him ideally suited to ...
March 2013
February 21, 2013, Law360
February 14, 2013, Covington E-Alert
July 2, 2012
WASHINGTON, DC, July 2, 2012 — Covington & Burling is bolstering its government contracts practice by adding Susan Cassidy as a partner in its Washington, D.C. office. This marks Covington’s second high-profile addition to its government contracts practice in recent months and underscores the firm’s strong commitment to expand in this area of law. Robert Nichols ...
November 30, 2011
WASHINGTON, DC, November 30, 2011 — Washingtonian magazine has named 34 Covington & Burling attorneys as “Best Lawyers” in its December issue. The biennial list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the approximately 800 “Best Lawyers” identified in the issue, Washingtonian included profiles of 31 ...
January 6, 2011
WASHINGTON, DC, January 6, 2011 — Covington & Burling LLP announced today that it plans to establish a strategic risk and crisis management practice to assist national and international businesses and their managements and boards. Senior members of the group include former Homeland Security Secretary Michael Chertoff; Ambassador Stuart Eizenstat; former DC ...
April 21, 2010, Covington Advisory
October 2009, Covington Report
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