Our Website Uses Cookies
We and the third parties that provide content, functionality, or business services on our website may use cookies to collect information about your browsing activities in order to provide you with more relevant content and promotional materials, on and off the website, and help us understand your interests and improve the website.
For more information, please contact us or consult our Privacy Notice.
Your binder contains too many pages, the maximum is 40.
We are unable to add this page to your binder, please try again later.
This page has been added to your binder.
- Home
- Practices and Industries
- Aerospace, Defense and National Security
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:
- high-stakes commercial investments requiring national security reviews by CFIUS;
- applying for, retaining, and defending challenges to facility security clearances;
- negotiating and implementing structures to mitigate and comply with the FOCI restrictions set forth in the National Industrial Security Program Operating Manual (NISPOM); and transactions involving high volumes of National Interest Determinations for contracts involving access to proscribed categories of information.
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:
- our unsurpassed experience addressing the most sophisticated cybercrime confronting government and the private sector, and
- the depth of support available to clients facing cybersecurity issues, from preparation and protection to incident response to defending claims and obtaining insurance recoveries for losses.
We have:
- responded to sophisticated state-sponsored attacks on leading defense contractors and other companies with substantial intellectual property;
- developed novel solutions to software development, supply chain, and information assurance concerns of the U.S. government with respect to foreign-owned software and IT companies;
- obtained recovery for companies that have incurred several of the largest consumer-related data breaches ever disclosed; and led the most significant prosecutions of insider thefts of classified information in the last decade.
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 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
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 Senate 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:
- establishing product/technology jurisdiction;
- advising on the frequent changes in the scope and character of U.S. and European defense trade controls;
- obtaining licensing and license agreements (e.g., Technical Assistance Agreements) for complex transactions;
- advocating changes in regulatory programs and legislation;
- establishing or bolstering internal compliance programs;
- providing training; and
- investigating, reporting, and navigating enforcement matters.
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.
White Collar Defense and Investigations
Whether in the boardroom or the courtroom, Covington is recognized as one of the top white collar law firms in the country. With dozens of former prosecutors, including three former heads of the Criminal Division of the U.S. Department of Justice, we have unmatched expertise in handling our aerospace and defense clients’ toughest white collar issues and investigations. A key differentiator is our ability to combine deep white collar and False Claims Act (FCA) experience with substantive government contracts expertise to handle virtually every type of procurement fraud issue, including quality assurance and testing deficiencies, cost mischarging, CAS noncompliance, TINA/defective pricing, deficient subcontractor oversight, Procurement Integrity and conflict of interest issues, small business fraud, Price Reduction Clause violations, and violations of myriad other contract and regulatory obligations.
Our lawyers have decades of experience with the regulators and enforcement authorities with whom our clients interact, and we have a reservoir of credibility that can be leveraged on behalf of our clients. When legal and regulatory compliance issues arise, they often garner the attention of multiple regulators, enforcement authorities, and private litigants. We have extensive experience handling multi-regulator, multi-forum investigations and litigation, as well as the collateral issues that come along with them, including suspension and debarment proceedings and congressional investigations.
Notably, we have worked closely with numerous aerospace and defense companies in the recent past to obtain best-case-scenario results across a range of matters, including delivering multiple declinations to prosecute and successfully handling numerous FCA investigations and qui tam lawsuits.
Six-Year Dispute with DOJ Ends with Declination
Our client, a major aerospace manufacturer, was accused of misrepresenting key facts to a government agency, resulting in the agency's decision to move forward with a rocket launch that eventually failed. The client enlisted Covington’s representation in what ended up being a six-year, high-stakes dispute with DOJ. Our compelling presentation and mastery of the details bolstered our arguments, and DOJ ultimately advised it would not pursue a False Claims Act case against the company.
Successfully Defended $50 Million Sole-Source Award by Air Force
Successfully defended a $50 million sole-source contract extension to an air combat services contractor. We persuaded GAO to dismiss all but one of the protester’s claims, which caused the protester to withdraw its protest before GAO reached a decision.
Alion's Acquisition of MacAulay-Brown
Represented Alion Science and Technology during its acquisition of MacAulay-Brown. We handled government contracts, national security, cybersecurity, trade controls, and anticorruption matters for Alion.
Trade controls due diligence in M&A transaction
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.
Elbit Systems Acquisitions
Represented Elbit Systems in its acquisitions of Tadiran Communications (including Talla-Com and Tallahassee Technologies), Innovative Concepts, Universal Avionics, and M7 Aerospace (among others).
Responding to Government Surveillance Inquiries
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.
Internal investigations for an aircraft manufacturer
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.
Leading semiconductor transactions
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.
Jury verdict for aerospace client
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.
Acquisition of Cubic Advanced Technical Systems
Represented Rafael Advanced Defense Systems in its acquisition of the remaining membership interests in Cubic Advanced Technical Systems.
Acquisition of Viper Strike business
Represented Northrop in the sale of its Viper Strike business to MBDA.
Arms Export Control Act - third party beneficiary claims
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.
$220 Million Acquisition of Align Aerospace
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.
Aabar's investment in Virgin Galactic
Represented Virgin Galactic in Aabar Investments PJSC’s investment in the company.
Acquisition of Enstrom Helicopter
Represented Enstrom Helicopter in its acquisition by Chongqing Helicopter Investment Co., Ltd., a company owned by the Municipality of Chongqing, China.
Advising clients on the negotiation and performance of contracts with the Biomedical Advanced Research and Development Authority, the Defense Threat Reduction Agency, and the National Institutes of Health
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.
Case of first impression arising from an FMS contract
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).
Compliance program for a defense company
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.
CRADA with Air Force Research Laboratory
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.
CRADA advice for a consumer products company
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.
CRADA with the Department of Defense
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.
Cutting-edge cost allowability victory
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.
Cybersecurity FCA Victory for a Services Contractor
Represented a services contractor in obtaining DOJ declination of allegations involving adequacy of critical cyber infrastructure and negotiated small, five-figure administrative settlement with the agency.
DAE acquisition of Landmark and Standard Aero
Represented the Carlyle Group in various matters, including the sale of Landmark and Standard Aero to Dubai Aerospace International.
Defense and aerospace enforcement investigations
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.
Addressing Regulatory Enforcement Actions
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.
Favorable jurisdiction determinations
Represented companies in obtaining favorable product jurisdiction rulings on aircraft parts, materials, and other items.
Financing of foreign military sales
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.
Advocacy support for a major Defense Department procurement
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.
Carlyle Group Acquisitions
Represented the Carlyle Group in various matters, including its acquisition of Veritas Technologies (with a co-investment by Government of Singapore Investment Corporation) and the sale of Landmark and Standard Aero to Dubai Aerospace International.
Complex Procurement
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.
Defended airline executive in criminal investigations
Represented executives of various airlines in investigations in the air cargo and passenger industries in several jurisdictions.
Global regulatory and legislative support
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).
High-level advocacy before the U.S. executive branch
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.
Navigating FMS and FMF processes
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.
Protection of Client IP Rights
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.
Rafael Advanced Defense Systems’ matters
Represented Rafael Advanced Defense Systems on various matters, including in its acquisition of the remaining membership interests in Cubic Advanced Technical Systems.
Responding to Large Cyber-based Financial Crimes
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.
Responding to Sophisticated Advanced Persistent Theat ("APT") Attacks
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.
Rolls-Royce acquisition of R.O.V. Technologies, Inc.
Represented Rolls-Royce in the acquisition of R.O.V. Technologies, Inc. by Rolls-Royce’s technical services subsidiary, R. Brooks Associates.
Successfully Represented a Defense Contractor in Proposed U.S. Army Debarment
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.
Successful representation of major defense IT contractor in GSA IG audit
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.
Successfully defeated infringement suit in the Court of Federal Claims
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 defended $50 million MDA award
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.
Successfully defended prime contractor in data rights lawsuit
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.
Successfully protested $1.6 billion DoD award
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.
Successfully protested $2 billion+ biodefense award
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.
Successfully protested $200 million U.S. Army award
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.
Successfully protested exclusion from $500 million+ biodefense competition
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.
Successfully protested the terms of a $600 million cloud procurement
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.
Technology control plan for an aerospace company
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.
Summary judgment success for UTC
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).
Declination, Dismissal, and Recovery of Defense Costs
Represented aerospace contractor accused of violating Cost Accounting Standards (CAS) violations, securing declination of DOJ investigation, dismissal of subsequent qui tam case, and recovery of allowable costs of defense, including legal fees.
Multi jurisdictional export controls advice
Advising a major multinational aerospace company regarding the application of European export controls to its operations at multiple sites across 10 countries.
NTSB investigation
Representing Asiana Airlines in a National Transportation Safety Board (NTSB) investigation into the Asiana Airlines Flight 214 accident at San Francisco Airport.
Strategic advice for defense prime contractor regarding ground combat vehicles
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.
Strategic advice to a defense contractor competing for a US Air Force contract
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.
Superfund Site Advice for Aerospace Company
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.
Sophos Group’s $120 million Acquisition of Invincea
Represented Sophos Group before CFIUS in its $120 million acquisition of Invincea.
TRICARE-Related Advocacy
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).
United Technologies export controls matters
Represented United Technologies in settling a criminal and civil export controls matter with the United States Department of Justice and Department of State.
National Security Issues for IT Firms
We have counseled multiple IT firms (e.g., workstations, servers, firewalls) regarding processes governing development of code and servicing of customers to address U.S. government national security concerns.
Criminal Declination and Favorable First-Mover Civil Settlement
Represented major airline in industry-wide parallel civil/criminal investigation of fraud in connection with U. S Postal Services contract, securing criminal declination and favorable first-mover civil settlement.
Dismissal of Suit Alleging Fraud in Defense Contracts
Obtained dismissal of qui tam action alleging fraud in connection with Iraqi procurement contracts, as sanction for discovery abuse, United States ex rel. Mayberry et al. v. Custer Battles LLC et al., No. 1:06-cv-364 (E.D. Va. 2008).
Vencore and KeyPoint’s Combination to Form Perspecta
Represented government contractors Vencore and KeyPoint Government Solutions and their private equity owner Veritas Capital in their combination with the U.S. Public Sector business of DXC Technology to form Perspecta. We handled government contracts matters for Vencore, KeyPoint, and Veritas.
Pohlad Family’s Acquisition of PaR Systems
Represented the Minnesota-based Pohlad family during its acquisition of PaR Systems, a leading provider of integrated robotic automation and specialized material handling solutions. We handled government contracts matters for the Pohlad family.
Lindsay Goldberg's Transformation of PAE
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, and regulatory approvals.
Veritas Capital’s Creation of Peraton
Represented private equity firm Veritas Capital during its $690 million acquisition of Harris Corporation’s government IT services business, now known as Peraton. We handled government contracts and national security matters for Veritas Capital.
Sale of CVG to Integral Systems
Represented satellite communications systems provider CVG, Inc. in its sale to Integral Systems, Inc. We handled all aspects of this transaction for CVG.
Magellan’s Acquisition of AFSC
Represented Magellan Health during its $117.5 million acquisition of Armed Forces Services Corporation (AFSC), a provider of behavioral health and specialty services to the Department of Defense and other U.S. government agencies. We handled government contracts and national security matters for Magellan.
Honeywell’s Sale of HTSI to KBR
Represented Honeywell International during the sale of Honeywell Technology Solutions, Inc. (HTSI), a leading professional, technical, and mission support services contractor, to KBR for $266 million. We handled government contracts matters for Honeywell.
Verscend’s Acquisition of a GDIT Business
Represented Verscend Technologies in its acquisition of General Dynamics IT’s commercial health insurance payer-focused products. We handled government contracts matters for Verscend.
Sale of ThreatGRID to Cisco
Represented ThreatGRID, Inc. during its sale to Cisco Systems, Inc. We handled all aspects of this transaction for ThreatGRID.
Financing of a Cleared Contractor
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.
Veritas Capital’s Investment in SolAero Technologies Corp.
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.
Veritas Capital’s Investment in Alion Science & Technology
Represented private equity firm Veritas Capital during its 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.
HAECO's Acquisition of TIMCO Aviation
Represented Hong Kong Aircraft and Engineering Co. (HAECO) during its $388.8 million acquisition of TIMCO Aviation, a global provider of aviation maintenance, repair, and overhaul services. We handled CFIUS and government contracts matters for HAECO.
Utility Privatization for the Military
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.
Lindsay Goldberg’s Investment in ECS Federal
Represented private equity firm Lindsay Goldberg during its investment in government services contractor ECS Federal. We handled government contracts, national security, trade controls, and anti-corruption matters for Lindsay Goldberg..
SafeNet’s Sale of its Government Business to Raytheon
Represented data security firm SafeNet during the sale of its encrypted communications business to Raytheon. We handled government contracts, national security, and trade controls matters for SafeNet.
Peraton's Acquisition of Solers
Represented Peraton as regulatory counsel in its acquisition of Solers, Inc., a software development and systems integration provider. We handled government contracts, national security, and cybersecurity matters for Peraton.
CPI's Acquisition of GD SATCOM
Represented Communications & Power Industries (CPI) during its acquisition of the satellite communications antenna business of General Dynamics. We handled government contracts and communications regulatory matters for CPI.
SRI's Sale to Peraton
Represented Strategic Resources International (SRI) during its sale to Peraton. We handled all aspects of this transaction for SRI.
Dismissal of Multidistrict Litigation Alleging Contractor Negligence Inside Overseas War Zones
Obtained complete dismissal of 63 lawsuits brought by 800-plus named plaintiffs against KBR, the largest military services contractor in Iraq and Afghanistan. These claims challenged KBR’s use of burn pits to dispose of waste during those wars. The district court adopted our arguments in their entirety and held the claims were barred by the political question doctrine and preempted based on the “combatant activities” exception to the Federal Tort Claims Act.
Advised client of risk mitigation techniques during contract formation
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.
Support of derivative sovereign immunity defense through Supreme Court amicus brief
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.
Dismissal of personal injury case involving military personnel
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.
Dismissal of wartime wrongful death claims brought by contractor employees
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.
BAE Systems acquisitions
Represented BAE Systems, Inc. in its acquisitions of Armor Holdings, MTC Technologies, Advanced Ceramics Research, IAP Research, Atlantic Marine, OASYS Technology, and Intelligence Service Business of L-1 Identity Solutions, Signal Innovation Group, Eclipse Electronics, and Riptide Autonomous Solutions, LLC (among others).
Dismissal of wrongful death case based on government contractor defense
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 SAFETY Act protection for anti-terror products and services
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.
July 2, 2020, Inside Government Contracts
In recent years, both Congress and the Executive Branch have made it a key priority to mitigate risks across the industrial and innovation supply chains that provide hardware, software, and services to the U.S. government (“USG”). Five of these initiatives are likely to result in new regulations in 2020, each of which could have a...… Continue Reading The post ...
June 30, 2020, Inside Government Contracts
On Friday, the General Services Administration (“GSA”) announced that it had awarded three contracts to develop online shopping portals for commercially-available off-the-shelf (“COTS”) items. The awardees are Amazon Business, Fisher Scientific, and Overstock.com. GSA’s awards were made to implement Section 846 of the NDAA for FY 2018, which required the agency ...
June 16, 2020, Inside Government Contracts
Late last year, a spokesman for the Department of Defense announced without fanfare that the agency would increase audits of certified cost or pricing data under the Truth in Negotiations Act (“TINA”). While the full effect of that enhanced focus on TINA compliance remains to be seen, a recent decision by the Armed Services Board...… Continue Reading The post ...
June 9, 2020, Global Policy Watch
At the end of last month, the Department of Defense (“DoD”) issued a class deviation to implement Section 2821 of the National Defense Authorization Act for Fiscal Year 2020 (“FY20 NDAA”), which seeks to reduce dependence on Russian energy by prohibiting the acquisition of energy sourced from inside Russia for DoD’s main operating bases in...… Continue Reading
June 9, 2020, Inside Government Contracts
At the end of last month, the Department of Defense (“DoD”) issued a class deviation to implement Section 2821 of the National Defense Authorization Act for Fiscal Year 2020 (“FY20 NDAA”), which seeks to reduce dependence on Russian energy by prohibiting the acquisition of energy sourced from inside Russia for DoD’s main operating bases in...… Continue ...
May 28, 2020, Inside Government Contracts
Last week, DoD released a draft of its much-anticipated guidance implementing Section 3610 of the CARES Act, which authorizes the government to reimburse qualifying contractors for the costs of providing certain paid leave to employees as a result of the COVID-19 pandemic. DoD previously published a collection of memoranda, Q&A documents, and a class ...
May 19, 2020, Covington Alert
The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its Annual Report to Congress regarding foreign acquisitions of, and investments in, U.S. businesses reviewed by CFIUS in 2018. The Committee also released a table reflecting data on the total number of formal reviews (not declarations) in 2019.
May 18, 2020, Global Policy Watch
Two notices recently published in the Federal Register indicate the Federal Emergency Management Agency (“FEMA”) intends to exercise Defense Production Act (“DPA”) authority in novel ways during the current coronavirus pandemic. On May 12th, FEMA announced that it plans to invoke DPA authority which permits the President to consult with representatives of ...
May 8, 2020, Inside Government Contracts
On May 5, 2020 the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency’s (“CISA”) Information and Communications Technology (“ICT”) Supply Chain Risk Management (“SCRM”) Task Force (the “Task Force”) released a six-step guide for organizations to start implementing organizational SCRM practices to improve their overall security ...
May 7, 2020, Global Policy Watch
The government’s response to the coronavirus pandemic implicates a host of authorities of interest to contractors, from those under the Stafford Act to its recently invoked Defense Production Act powers. The government has another critical, and perhaps under-examined, set of tools at its disposal to meet the demands of the pandemic: FAR Part 18, “Emergency...… ...
May 6, 2020, Covington Alert
On May 1, President Donald Trump signed an executive order on “Securing the United States Bulk-Power System” (the “Order”) that gives the Department of Energy new authorities to block or mitigate certain transactions involving bulk-power system electric equipment designed, developed, manufactured or supplied by a “foreign adversary” based on national security ...
April 29, 2020, Covington Alert
The day we have all been expecting has finally come — CFIUS filing fees are going into effect on May 1, 2020. As discussed in our earlier alert, on March 4, 2020, the Department of the Treasury (“Treasury”) issued a proposed rule regarding CFIUS filing fees, which were authorized under the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). ...
April 29, 2020, Covington Alert
On April 28, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published two final rules and one proposed rule to modify certain license exceptions and definitions in the Export Administration Regulations (“EAR”) (15 CFR Parts 730 – 774), based on concern that sensitive products and technologies were being diverted to military uses ...
Other Transaction Authorities Given Greater Flexibility to Foster Innovation in Coronavirus Response
April 14, 2020, Inside Government Contracts
Defense Department leaders and agencies have been granted much-needed flexibility to respond to the coronavirus pandemic. Last week, Under Secretary of Defense for Acquisition & Sustainment Ellen Lord delegated approval authority for Other Transaction Agreements (“OTs”) related to the coronavirus response, consistent with Section 13006 of the CARES Act. In an ...
April 8, 2020, Covington Alert
On Saturday, April 4, 2020, the White House released the long-awaited Executive Order (“EO”) formalizing the “Team Telecom” Process, titled the “Executive Order on Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector” (“the Committee”). This EO provides, for the first time, formal ...
April 1, 2020, Covington Alert
The scope and scale of recent events is almost inconceivable. All of us —including the Committee on Foreign Investment in the United States (“CFIUS”) — are sailing in uncharted waters. That said, while we may not have all of the answers, we are able to share some insights from the CFIUS front lines regarding how the challenges presented by the COVID-19 pandemic ...
$2 trillion stimulus bill gives contractors some relief but falls short on added costs
March 27, 2020, Federal Computer Week
Susan Cassidy spoke with Federal Computer Week about the concerns of defense contractors under the coronavirus relief package. According to Ms. Cassidy, equitable adjustments aren't necessarily a guarantee and require a mutual agreement between the contractor and government as well as quantifiable proof the costs have increased due to the changing environment ...
March 27, 2020, Covington Alert
The Senate's version of the CARES Act and supplemental appropriations contain provisions important to the Department of Defense and companies who do business in the national security sector. The supplemental adds $10.5 billion to support defense needs, with a significant portion focused on the Defense Health Program. These appropriations include $415 million ...
March 19, 2020, Inside Government Contracts
Following up on our post earlier this week giving a general overview of the Defense Production Act of 1950 (“DPA”), 50 U.S.C. §§4501 et seq., this post comments on President Trump’s March 18, 2020 Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (the “COVID-19 E.O.”) and...… Continue Reading The ...
March 17, 2020, Inside Government Contracts
As a followup to our recent post on the implications of the PREP Act for government contractors working to respond to the COVID-19 outbreak, this post will provide an overview of the Defense Production Act—including its key powers that the federal Government might invoke to counter the pandemic. Congress first enacted the Defense Production Act...… Continue ...
March 13, 2020, Inside Government Contracts
We’ve covered several topics already this week on the U.S. Government’s varied responses to the COVID-19 outbreak and how these responses will affect contractors that do business with the government, including BARDA’s EZ-BAA for COVID-19 diagnostics, mission-essential services during the outbreak, and how excusable delay provisions may help federal contractors ...
March 12, 2020, Inside Government Contracts
In the latest World Health Organization daily situation report, as of March 11, 2020, the WHO reported 118,326 COVID-19 cases confirmed and 4,292 deaths worldwide, and the U.S. Centers for Disease Control and Prevention (CDC) reported 938 cases and 29 deaths in the United States. The same day, WHO characterized COVID-19 as the first global...… Continue ...
March 11, 2020, Inside Government Contracts
As the COVID-19 virus extends its global reach, defense contractors may be called upon to begin implementing their contracts’ mission-essential services plans. These plans, required by DFARS 252.237-7023, facilitate mission-essential functions in extended crisis situations, including pandemics, which are explicitly noted in the DFARS. As the coronavirus outbreak ...
March 9, 2020, Covington Alert
As we reported this past Friday, on March 6, 2020, President Trump issued only the sixth Executive Order (the “Order”) in history formally prohibiting the acquisition of a U.S. business by a foreign person, pursuant to the authorities that allow the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) to review foreign mergers and ...
March 6, 2020, Inside Government Contracts
The global spread of the COVID-19 virus may put many federal contractors at risk of missing contractual deadlines. In a growing number of cases, supply chains may become cut off, work spaces may be closed, or employees may need to stay home, all of which could impact a contractor’s ability to perform in a timely...… Continue Reading The post “Excuse Me, My ...
March 4, 2020, Global Policy Watch
STATEMENT OF STEPHEN G. RADEMAKER Senior Of Counsel, Covington & Burling LLP “50 Years of the Non-Proliferation Treaty: Strengthening the NPT in the Face of Iranian and North Korean Nonproliferation Challenges” Subcommittee on the Middle East, North Africa, and International Terrorism Subcommittee on Asia, the Pacific, and Nonproliferation Committee on Foreign ...
July 2020
As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are facing and develop plans and strategies in response. Reach out to our COVID-19 task force at COVID19@cov.com. Below is a compendium of resources ...
February 13, 2020, Inside Government Contracts
On Monday, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Acetris Health, LLC v. United States, No. 2018-2399 (Fed. Cir. Feb. 10, 2020) (“Acetris”), that would permit pharmaceutical manufacturers to source a drug’s active pharmaceutical ingredient (“API”) from India, China and other non “designated countries” and yet still offer the...… ...
February 13, 2020, Inside Government Contracts
On January 31, the Department of Defense (“DoD”) released Version 1.0 of its Cybersecurity Maturity Model Certification (“CMMC”). This is the fourth iteration of the CMMC that DoD has publicly released since it issued the first draft in October, and it is intended to be the version that auditors will be trained against, and that...… Continue Reading The post A ...
February 13, 2020, The Kojo Nnamdi Show
Ben Block and Samantha Clark were featured on The Kojo Nnamdi Show on WAMU-FM public radio in Washington, sharing their experience representing military families in a lawsuit against a privatized on-base housing company.
February 11, 2020, Inside Government Contracts
As of February 10, 2020, the World Health Organization (WHO) reported that 40,554 cases of the Novel Coronavirus (2019-nCoV) have been confirmed globally, with twelve cases confirmed in the United States. The WHO has been issuing situation reports on a daily basis since January 21, and each report in February alone has identified more than...… Continue ...
February 5, 2020, Law360
Susan Cassidy is quoted in Law360 regarding the DoD’s implementation of cybersecurity requirements for defense contractors. Ms. Cassidy says that questions about the process, such as who will audit the thousands of contractors that need to be certified for cybersecurity compliance, how they will be audited and what options they will have if they disagree with an ...
February 4, 2020, Inside Government Contracts
On Friday January 31, 2020, Ellen Lord, Under Secretary of Defense for Acquisition and Sustainment, Kevin Fahey, Assistant Secretary of Defense for Acquisition, and Katie Arrington, the Chief Information Security Officer for the Department of Defense (“DoD”), briefed reporters on the release of the Cybersecurity Maturity Model Certification (“CMMC”) Version ...
Inbound US Real Estate Investments To Face New Oversight
January 28, 2020, Law360
Heather Finstuen is quoted in Law360 regarding CFIUS’s decision to extend its regulatory purview across a broad portion of U.S.-targeted real estate transactions. The new regulations go a step further by clearly defining sensitive locations and the proximity to those locations that could cause national security concerns, which will now be divided by The ...
January 21, 2020, Global Policy Watch
The new year has already brought significant news for companies that do business with the U.S. government, and for those that trade in materials and technology that represent priorities for national security stakeholders. Our colleagues in the firm’s CFIUS practice thoughtfully analyzed the regulations implementing the Foreign Investment Risk Review ...
January 14, 2020, Inside Government Contracts
The Trump Administration has declared this month National Slavery and Human Trafficking Prevention Month, calling on industry associations, law enforcement, private businesses, and others to work toward ending modern slavery and human trafficking. This proclamation follows the Administration’s efforts to combat human trafficking, which we have previously ...
January 14, 2020, Covington Alert
The institutional transformation of the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) that commenced more than two years ago with the introduction in Congress of the Foreign Investment Risk Review Modernization Act (FIRRMA) now is largely complete with the issuance of the highly anticipated final regulations implementing ...
4 Gov't Contracting Policy Developments To Watch In 2020
January 1, 2020, Law360
Fred Levy spoke with Law360 about the 2021 National Defense Authorization Act. Mr. Levy says the upcoming NDAA could also include more provisions that would expand the government’s right to obtain pricing information on commercial items, given recent congressional attention to alleged “price-gouging,” even as that definition has been applied somewhat ...
Top 7 Gov't Contracting Policy Changes In 2019
December 20, 2019, Law360
Fred Levy is quoted in Law360 regarding the formation of the Procurement Collusion Strike Force, a cooperative effort among the U.S. DOJ’s Antitrust Division, in an article highlighting the top government contracts policy changes in 2019. The strike force is indicative of a broader trend in government contracts over roughly the last year: the “criminalization of ...
Top 5 Gov't Contracts Cases Of 2019
December 19, 2019, Law360
Fred Levy spoke with Law360 about an FCA case involving a rocket and missile propulsion company misleading the U.S. DoD about its failure to safeguard "unclassified controlled technical information" from cybersecurity threats, in an article highlighting the top government contracts cases of 2019. Mr. Levy says the growing attention federal agencies are giving to ...
December 17, 2019, Covington Alert
On Friday, December 13, Principal Deputy Attorney General David Burns of the Justice Department’s (“DOJ’s” or “the Department’s”) National Security Division (“NSD”), announced a new DOJ policy for business organizations that voluntarily disclose potential criminal violations of the U.S. export controls and sanctions laws to NSD’s Counterintelligence and Export ...
December 13, 2019, New York Times
Ben Block is quoted in the New York Times regarding the firm’s representation of military families in their suit against Corvias, a company managing the privatized housing at the Fort Meade military base since 2002. Mr. Block says, “What they really want is to ensure that what they went through doesn’t happen to the next family, and the family after that. These ...
Commerce Department Proposes Rule Impacting Information and Communications Technology Supply Chains
December 3, 2019, Inside Government Contracts
On November 27, 2019, the Department of Commerce issued a proposed rule to implement the May 15, 2019 Executive Order entitled “Securing the Information and Communications Technology and Services Supply Chain.” Once finalized and effective, the regulations will govern the process and procedures that the Secretary of Commerce will use to determine whether ...
November 27, 2019, Covington Alert
The Department of Commerce (“the Department”) has issued a proposed rule implementing the May 15, 2019 Executive Order entitled “Securing the Information and Communications Technology and Services Supply Chain,” which we previously analyzed here. Once finalized and effective, the regulations will govern the process and procedures that the Secretary of Commerce ...
November 26, 2019, Inside Government Contracts
Last week, the FAR Council issued a Final Rule, setting forth new FAR provisions that require the reporting of certain counterfeit and suspect counterfeit parts and certain major or critical nonconformances to the Government – Industry Data Exchange Program (“GIDEP”).[1] This Final Rule comes more than five years after the rule was first proposed in...… ...
November 4, 2019, Global Policy Watch
One week ago, American special operations forces killed the leader of the Islamic State, Abu Bakr al-Baghdadi, in northwestern Syria. The next morning, President Trump described the operation in vivid detail and the story was later amplified with accounts from the Secretary of Defense and the National Security Advisor. While the Islamic State was a...… Continue ...
October 29, 2019, Global Policy Watch
On October 15, 2019, the Defense Security Cooperation Agency (DSCA) announced that foreign arm sales for Fiscal Year (FY) 2019 totaled $55.4 billion. This amount nearly matches the total from FY 2018 of $55.7 billion, continuing the significant increase in foreign arm sales under the Trump Administration and potentially signaling that the enormous 33 percent...… ...
October 22, 2019, Inside Government Contracts
A long-standing dispute over the approach to country of origin determinations under the Trade Agreements Act (“TAA”) may soon be resolved, as the Federal Circuit recently heard oral argument in one of two cases presently examining key aspects of this statute. Among other questions presented, the court may decide the standard for determining whether a...… ...
October 17, 2019, Global Policy Watch
Introduction On October 14, 2019, President Trump issued an Executive Order Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Syria. This Order provides authority for the imposition of sanctions (including secondary sanctions) on certain entities and individuals in response to Turkey’s military operations in Syria, which ...
October 3, 2019, Global Policy Watch
On September 26, 2019, the Department of Defense issued a final rule amending the Defense Federal Acquisition Regulation Supplement to establish new restrictions on the use of Lowest Price Technically Acceptable source selection procedures. Effective October 1, 2019, this new rule imposes specific limitations and prohibitions governing when and under what ...
October 2, 2019, Inside Government Contracts
The Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency’s (“CISA”) Information and Communications Technology (“ICT”) Supply Chain Risk Management Task Force (the “Task Force”) recently released an interim public report. The report describes the Task Force’s efforts over the last year to develop recommendations for securing the ...
September 27, 2019, National Defense Magazine
September 24, 2019, Global Policy Watch
In 2016 the United States Special Operations Command (“USSOCOM”) witnessed a technological development of grave significance for the future of global conflict. According to the then-Commanding General of USSOCOM, Americans had to contend with armed enemy aircraft during the Battle of Mosul. The United Kingdom at the height of its powers in the 19th century...… ...
September 17, 2019, Inside Government Contracts
Last week, the White House Office of Science and Technology Policy (“OSTP”) issued a request for information (“RFI”) to learn how the Government can more effectively “support scientific discovery, the development of technological advances, and increase the impact of a vibrant bioeconomy on the Nation’s vitality and our citizens’ lives.” 84 Fed. Reg. 47561 ...
July 12, 2019
WASHINGTON—Covington recently secured a significant victory on behalf of Kellogg Brown & Root Services Inc. (KBR) in a long-running contract dispute with the U.S. Army arising from the Iraq War. The U.S. Court of Appeals for the Federal Circuit unanimously affirmed a 2017 ruling by the Armed Services Board of Contract Appeals (ASBCA) that held the United States ...
PAHPAI Reauthorizes Key Biodefense Initiatives and Provides Opportunities for Industry Partners
July 8, 2019, Inside Government Contracts
Late last month, the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019 (PAHPAI) was signed into law.[1] The Act is a much anticipated reauthorization of the Pandemic and All-Hazards Preparedness Act, originally passed in 2006.[2] The legislation is a key development in strengthening the country’s ability to respond to bio-threats, ...
Covington Represents Peraton in Solers Acquisition
June 18, 2019
WASHINGTON—Covington is representing Peraton in its recently announced deal to acquire Solers, Inc., a leading provider of software development and systems integration for space situational awareness, satellite ground systems and operations, cybersecurity engineering, and enterprise cloud-based solutions. Covington is handling government contracts, national ...
May 22, 2019, Inside Government Contracts
Earlier this month, the FAR Council issued a proposed rule to expand the definition of “commercial item” under the Federal Acquisition Regulation (FAR) to include certain items sold in substantial quantities to foreign governments. This new rule implements section 847 of the National Defense Authorization Act (NDAA) for FY 2018 (Pub. L. 115-91), and has the...… ...
May 17, 2019, CNBC
Timothy Stratford spoke with CNBC about developments in trade relations between the U.S. and China. He says economic issues can get "intermingled" with national security in ways that "greatly complicate" the U.S.-China trade dispute.
Thornberry unveils potential punishments for DoD's slow implementation of acquisition reforms
May 17, 2019, Federal News Network
Scott Freling is quoted in Federal News Network regarding the House Armed Services Committee’s proposal to speed up the Department of Defense’s implementation of changes. Mr. Freling says, “The process for updating and refining the acquisition regulation to keep pace with Congress has slowed to a glacial pace. That causes quite a bit of consternation for ...
May 16, 2019, Covington Alert
We are writing to provide an update on two important developments in U.S. national security-based regulation of trade: (1) a new, potentially expansive Executive Order on information and communications technology supply into the U.S. market, and (2) the Department of Commerce’s action to add Huawei to the Entity List.
April 9, 2019, Federal News Network
Scott Freling spoke with the Federal News Network regarding the DoD’s hesitation towards implementing acquisition reforms and possible cuts to some defense agencies. Mr. Freling says, “The process for updating and refining the acquisition regulation to keep pace with Congress has slowed to a glacial pace. That causes quite a bit of consternation for contractors ...
April 5, 2019
WASHINGTON—Covington advised Elbit Systems of America, LLC, a subsidiary of Elbit Systems Ltd., in its definitive agreement with Harris Corporation for the acquisition of Harris' Night Vision business for a purchase price of $350 million. The closing of the transaction is subject to receipt of regulatory approvals. Elbit Systems Ltd. is an international high ...
February 4, 2019, Federal News Network
Susan Cassidy is quoted in Federal News Network regarding the Department of Defense’s tightening of cybersecurity enforcement regulations on contractors. Ms. Cassidy says, “DoD wants to get everyone to a certain cybersecurity level. Now they are tightening up and they are going to make it a performance and award differentiator.” She said before an award, ...
January 23, 2019
WASHINGTON—Samantha Clark has joined Covington in its Public Policy, CFIUS, and Government Contracts practices in Washington. Ms. Clark’s arrival follows the recent additions of former U.S. Senator Jon Kyl and Broderick Johnson to the firm’s Public Policy practice. Ms. Clark provides advisory and advocacy support to clients facing policy, political, and ...
November 20, 2018, Covington Alert
On November 19, 2018, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) released an Advance Notice of Proposed Rulemaking (“ANPRM”) requesting public comment on the criteria to identify emerging technologies essential to U.S. national security. The comments will inform the interagency process that was authorized under the Export Control ...
November 9, 2018, Global Policy Watch
The aerospace and defense industry, including those in the defense trade press, have since late evening of November 6, 2018 been wrestling with the implications of the midterm elections for U.S. defense policy and spending over the next two years. Quite frankly, it is too early to say with certainty. As Leo Rosten, the famous...… Continue Reading
August 31, 2018, Inside Government Contracts
Registration will open soon for the Biomedical Advanced Research and Development Authority’s (“BARDA”) 2018 Industry Day to be held on October 29 and 30 at the Grand Hyatt in Washington, D.C. This event has been an integral part of BARDA’s outreach efforts to the life sciences community since 2007, and the newest version of this...… Continue Reading The post ...
August 20, 2018
WASHINGTON—Covington represented Public Service Enterprise Group and its subsidiary Public Service Electric & Gas in securing liability protection under the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 from the U.S. Department of Homeland Security. PSE&G is the first public utility in the United States to be awarded SAFETY Act ...
August 13, 2018, Covington Alert
Earlier today, President Donald Trump signed into law the Foreign Investment Risk Review Modernization Act (FIRRMA) as part of the John S. McCain National Defense Authorization Act. As we have previously reported, FIRRMA will transform the jurisdiction, authority, and operation of the Committee on Foreign Investment in the United States (CFIUS). Our previous ...
July 12, 2018, Inside Government Contracts
For the first time in several years, the version of the FY 2019 National Defense Authorization Act (NDAA) that just passed the Senate does not contain any major reforms to limit bid protests. But the bill the Senate sent to the conference committee process does contain two provisions aimed at bid protests. Although they are...… Continue Reading The post Senate ...
July 3, 2018, Inside Government Contracts
The Department of Defense (DoD) has once again emphasized its willingness to engage with commercial companies and other non-traditional contractors to try to expedite and simplify its procurement of innovative technologies. In particular, the Defense Information Systems Agency (DISA) indicated that it plans to enter directly into Other Transaction Authority ...
June 15, 2018, Inside Government Contracts
As the Senate approaches the end of its debate on the National Defense Authorization Act for Fiscal Year 2019, provisions of the bill regarding access to and review of information technology code deserve close attention. These sections, if enacted, would significantly impact Department of Defense contractors and also would affect matters associated with ...
June 14, 2018, Inside Government Contracts
[Updated August 13, 2018] If an agreement qualifies as a “subcontract” under a government contract, then it may be subject to certain flow-down, compliance, and reporting requirements. These requirements are intended to protect the government’s interests, and have significant ramifications for contractors, e.g., increasing transaction costs, expanding potential ...
June 11, 2018, Washington Times
Peter Lichtenbaum is quoted in a Washington Times article regarding U.S. policy on drone strikes. “We can set whatever rules we want, but we need to understand that we are setting a precedent, and other countries are watching very closely what we do,” says Lichtenbaum. “If we assert a certain prerogative, that will make it difficult for us to argue against other ...
Trump’s fluid approach to national and economic security is leaving his allies baffled
May 28, 2018, The Washington Post
John Veroneau is quoted by The Washington Post in an article regarding potential tariffs on foreign cars. “While U.S. trading partners have been fairly measured in responding to the steel and aluminum tariffs, they will have no choice but to exhaust every option in opposing tariffs on autos,” says Veroneau. “Also, unlike steel and aluminum tariffs which hit U.S. ...
May 1, 2018
WASHINGTON—Covington advised Elbit Systems Ltd. in its $120 million acquisition of the assets and operations of the privately owned U.S. company, Universal Avionics Systems. Elbit Systems is an international high technology company engaged in a wide range of defense, homeland security, and commercial programs throughout the world. Universal Avionics is a ...
March 26, 2018, Thomson Reuters' Westlaw Journal Government Contracts
February 16, 2018, Covington Alert
On February 16, 2018, Secretary of Commerce Wilbur Ross announced the Department of Commerce’s recommendations in the ongoing national security investigations of steel and aluminum. These investigations were initiated in April 2017, pursuant to Section 232 of the Trade Expansion Act of 1962.
February 6, 2018
LOS ANGELES—The Los Angeles Business Journal recognized Wade Ackerman and Aaron Lewis in its second annual list of the most influential diverse lawyers in Los Angeles. The list recognizes 50 "stellar diverse lawyers in the LA region." In Mr. Ackerman’s profile, the Business Journal emphasized his work in the FDA regulatory space. The profile noted that “with a ...
Leading CFIUS Risk Analyst Joins Covington
January 17, 2018
WASHINGTON—Brian Williams has joined Covington as a Senior Advisor in the firm’s Cross-Border Investment and National Security practice. Mr. Williams draws on over 20 years of public and private sector experience advising on issues at the intersection of national security, technology, and law. A non-lawyer, he led multi-agency analyst teams that authored the ...
Four Covington Partners Named Law360 MVPs
December 20, 2017
WASHINGTON—Law360 has named four Covington partners as MVPs in their respective practice areas. The awards single out lawyers from across numerous 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: Ray Biagini, Government Contracts. Mr. ...
MVP: Covington's Raymond Biagini
December 12, 2017, Law360
Ray Biagini was named a 2017 Government Contracts MVP by Law360. The publication highlights his representation of KBR in long-running multidistrict litigation that showcased his "expertise at the intersection of tort and federal contracting law."
December 2017, Pratt's Government Contracting Law Report
November 1, 2017
WASHINGTON—Covington represented CenturyLink in its acquisition of Level 3 Communications in a cash and stock transaction valued at approximately $34 billion. The acquisition closed today. The firm assisted Century Link in obtaining regulatory approvals by the Federal Communications Commission and state public utilities regulators, and in national security ...
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 22, 2017, Global Policy Watch
On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit invalidated a Federal Aviation Administration regulation that required the owners of recreational drones—unmanned aircraft system (“UAS”)—to register with the agency. The court held that the regulation violated the same law that the FAA had used, in part, to justify the requirement. The...… ...
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 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 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 ...
Covington & Burling Adds Ex-Tyco Counsel In M&A Practice
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).
Getting Paid Under Federal Government Contracts, Virtual Class
April 6, 2017, Public Contracting Institute
Covington Adds Senior M&A Partner
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 ...
Wall to Mexico: Beautiful She Is, and Insurmountable
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 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 ...
Covington Adds Ex-Deputy Assistant AG To Appellate Group
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.”
January sees US law firms seek lateral talent
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 ...
Deputy Assistant Attorney General Joins Covington
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 ...
Trump's Contracting By Twitter Likely To Backfire
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 ...
Lockheed Martin Facing Twin Pressures on F-35 Price
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 ...
Six Covington Lawyers Named Law360 MVPs
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 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 ...
Gov't Contracts MVP: Covington & Burling's Jay Carey
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 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 ...
DOD Updates Cyber Reporting Rule for Contractors
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 ...
August 30, 2016, Global Policy Watch
Welcome to the Drone Age. The Federal Aviation Administration’s (“FAA”) long-awaited rule on the commercial use of small unmanned aircraft systems (“UAS” or “drones”) took effect Monday, August 29, 2016, providing a comprehensive and generally applicable set of rules for anyone wishing to operate a small drone for commercial purposes. This does not mean you...… ...
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.”
Brexit Task Force
February 2020
Since the beginning of the Brexit process more than three years ago, Covington’s Brexit Task Force–comprised of over 40 lawyers and former senior diplomats and policymakers, in London, Brussels, Frankfurt, Dublin, and Washington–has been advising clients in a wide range of industries on the challenges and opportunities created by this historic event. While a ...
UK Votes to Leave the EU
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 22, 2016, Global Policy Watch
On Tuesday, June 21, 2016, the Federal Aviation Administration (“FAA”) finalized its long-awaited rule on the commercial use of small unmanned aircraft systems (“UAS” or “drones”). The rule is significant because it provides a comprehensive and generally applicable set of rules for anyone wishing to operate a small drone for commercial purposes. Before the ...
June 2, 2016, National Defense
Hunter Bennett is 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. Bennett, wondering if these provisions “simply go too far,” write, “Clearly aimed at curbing the practice of incumbent contractors filing meritless ...
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 ...
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 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 ...
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 ...
Leading Government Contracts Lawyer Joins Covington
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 ...
February 9, 2016, Inside Energy & Environment
As part of an ongoing Department of Defense (“DoD”) effort to increase its energy efficiency, late last month the U.S. Army committed to develop its largest renewable energy project to date — a 65MW wind and solar project at Fort Hood. This ambitious project will need to comply with the latest DoD rules regarding sourcing...… Continue Reading
December 16, 2015, Global Policy Watch
On December 14, 2015, the Federal Aviation Administration issued a significant regulation that requires all owners of small unmanned aircraft systems – between 0.55 and 55 pounds – to register with the agency. News outlets have good summaries of the rules, so we only recap them here. An individual who owns a drone before December...… Continue Reading
October 12, 2015, Global Policy Watch
FAA Deputy Administrator Michael Whitaker told House members last week that the agency is expecting to finalize its rule on small drone operations by June 17, 2016. While this timeline is earlier than many expected, the FAA failed to meet the September 30, 2015 deadline initially set by Congress in a 2012 law. Still, the...… Continue Reading
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 ...
Pentagon acquisition reform can save lives, experts say
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 ...
May 28, 2015, Inside Energy & Environment
Earlier this week, the Department of Defense (“DoD”) issued a proposed rule to revise (and make stricter) the unique sourcing requirements applicable to certain photovoltaic devices that are used in the performance of DoD contracts. Specifically, unless an exception under the Trade Agreements Act applies or a contractor secures a waiver based on public ...
May 6, 2015, Inside Energy & Environment
Last week the Defense Logistics Agency (DLA) Energy issued a statement on DLA’s website about its plan to “increase the productivity, efficiency and effectiveness of [the] Air Force’s utility services contracts” – a plan that dovetails with the Department of Defense’s (DOD) Better Buying Power 3.0 initiative (BBP 3.0). This should be good news for utility...… ...
Crash Leaves Lufthansa Wide Open to U.S. Litigation
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 13, 2015, Global Policy Watch
Last July, we raised the question of whether advertising revenue from hobbyists’ drone videos posted on YouTube could constitute commercial operations of a drone. At the time, we noted that some hobbyists’ videos were preceded by advertisements, indicating that the videos were likely part of YouTube’s Partner Program, where a portion of the advertising ...
March 6, 2015, Global Policy Watch
The National Telecommunications and Information Administration today requested public comment on privacy issues related to the use of drones, or unmanned aircraft systems (“UAS”). The request came a day after two members of Congress introduced a bill that would impose significant privacy restrictions on drone operators. The NTIA request is a result of a ...
February 19, 2015, Inside Counsel
February 18, 2015, Global Policy Watch
This past weekend the Federal Aviation Administration (FAA) took the first steps to allow the routine use of certain small unmanned aircraft systems (UAS) for commercial purposes in U.S. airspace. In taking this highly anticipated action, the FAA released a proposed rule, an overview of the proposed rule, a fact sheet and a press release. ...… Continue Reading
February 18, 2015, Global Policy Watch
On Sunday, the White House released a memorandum that outlines privacy protections that federal agencies must take when they use drones, and directs the National Telecommunications and Information Administration to work with the private sector to establish voluntary privacy practices for commercial drone use. The White House issued the memorandum on the same day ...
January 13, 2015, Global Policy Watch
The Federal Aviation Administration will allow CNN to test the use of drones in news gathering under a research agreement that will study how drones can be used safely and effectively by news organizations. While the FAA has granted limited exemptions for commercial drone use in controlled settings, such as film sets, the agency has...… Continue Reading
October 21, 2014, Inside Energy & Environment
On October 17, 2014, the Defense Logistics Agency (DLA) Energy issued a solicitation for proposals to construct and operate a large-scale renewable energy project at Fort Hood in Texas, the U.S. military’s largest active duty armored post. The Fort Hood project is part of the efforts of the Army Office of Energy Initiatives (OEI), which...… Continue Reading
July 31, 2014, Global Policy Watch
Senate Judiciary Chairman Patrick J. Leahy introduced a new version of the Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014 (the “USA FREEDOM Act” or “Act”) in the Senate on Tuesday, more than two months House of Representatives passed a version of the bill that omitted several...… Continue ...
June 13, 2014, Global Policy Watch
Budget challenges, a shrinking military force, and unrestrained growth in personnel and operations has plunged the Pentagon into a state of crisis. This comes at the same time that the United States is facing unprecedented challenges to our national security. These were the themes of my presentation during a panel discussion at the Center for...… Continue ...
June 4, 2014, Global Policy Watch
Defense trade with India has long been the holy grail for the U.S. defense sector. With U.S. defense budgets declining and defense firms increasingly looking overseas to ramp up sales, one would think that India — a democracy in Asia with one of that largest militaries in the world in desperate need of modernization —...… Continue Reading
May 29, 2014, Global Policy Watch
When the House of Representatives passed the National Defense Authorization Act last week, one of the unanswered questions hovering over the measure was how much money the Pentagon would need for the war in Afghanistan. At the time the bill passed, the Administration had not decided whether U.S. forces would remain in Afghanistan after 2014....… Continue Reading
May 20, 2014, Global Policy Watch
The House of Representatives is now considering the Fiscal Year 2015 National Defense Authorization Act (NDAA). The House Armed Services Committee (HASC) reported out the $513 billion measure on May 7th rejecting many of the Administration’s requests including reduction in military pay raise, authority for the base closures, as well as cancellation of older ...
April 15, 2014, Covington E-Alert
February 13, 2014, Covington E-Alert
January 21, 2014, Covington E-Alert
November 21, 2013, Covington E-Alert
Covington Co-Hosts Program on Cyber Espionage
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 2013, The Procurement Lawyer
Congressional Leader Howard Berman Joins Covington
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 ...
Senator Jon Kyl Joins Covington
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 ...
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 ...
April 21, 2010, Covington Advisory
DOD Policy Guidance for Foreign Ownership, Control or Influence ("FOCI")
October 2009, Covington Report
Use the Menu Below to Filter Matters and News
By clicking on filters, the website automatically displays information related to specific interests.
Example: To find Covington’s representative matters, news, and insights related to product liability and mass tort defense class actions, take the following steps:
- Begin on the Product Liability and Mass Tort Defense practice page
- On the section labeled Use Menu Below to Filter Matters and Results, click the arrow next to Litigation and Investigations under the Practices heading
- On the expanded list, click on Class Actions
- Refreshed information will be displayed under the Representative Matters and News and Insights sections of the page
- To refine the information further, click on Life Sciences under the Industries heading