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Described as “An excellent firm with top-notch lawyers” by Chambers and Partners and named a top media and entertainment practice by Law360, Covington helps clients in the media, internet, and technology industries secure competitive advantage in an increasingly crowded—and regulated—marketplace.
Covington offers integrated regulatory and policy, transactional, intellectual property, and litigation expertise in order to meet the specialized needs of clients around the world.
Altice’s $9.1 Billion Suddenlink Acquisition
Representation of European telecommunications company Altice S.A. (Euronext ATC) in a $9.1 billion deal to acquire a controlling stake in Suddenlink, a top ten cable operator in the U.S.
U.S. Appeals Court Shoots Down FCC Merger-Review Disclosure Order
Successful representation of CBS Corporation, The Walt Disney Company, Twenty-First Century Fox, Inc., Scripps Networks Interactive Inc., Time Warner Inc., Univision Communications Inc., and Viacom Inc. Borrego Solar Systems, Inc. against the Federal Communications Commission (FCC) in connection with the disclosure of programming contracts with pay-TV providers as part of the FCC’s review of pending cable and satellite mergers.
Microsoft’s EUR 5.44 Billion Nokia Transaction
Representation of Microsoft Corp. in its purchase of substantially all of Nokia’s devices & services business and licensing of Nokia’s patents. Covington advised on IP, commercial and regulatory matters on the transaction.
Tribune Company $2.73 Billion Acquisition of Local TV Holdings
Served as communications regulatory counsel to Tribune Company in its $2.73 billion acquisition of Local TV Holdings, LLC.
NFL Sunday Ticket DirecTV Deal
Representation of the National Football League in connection with its deal to extend DirecTV's exclusive rights to carry NFL Sunday Ticket in a multi-year agreement.
Univision’s IPO
Served as communications regulatory counsel to Univision in filing for an initial public offering of Class A common stock in the United States on July 2, 2015.
Huffington Post TCPA Class Action
Achieved dismissal of a putative class action against The Huffington Post alleging violations of the Telephone Consumer Protection Act. The suit asserted unlawful transmission of unsolicited text messages.
Hulu Video Privacy Protection Act Class Action
Achieved dismissal on summary judgment of a putative class action against Hulu alleging violation of the Video Privacy Protection Act. The complaint alleged that Hulu disclosed to third parties the video-viewing information of individual Hulu users.
Investigation in Self-Dealing and Financial Reporting Irregularities
Represented The Special Committee of Independent Directors of Adelphia Communications in its investigation of self-dealing by the Company’s controlling shareholders and improprieties in the Company’s financial reporting.
Launch of the WWE Network
Represented WWE in the launch of the WWE Network, a direct-to-consumer, subscription-only, online video channel that will air round-the-clock programming, including new programs and matches, an on-demand service, WrestleMania, and a six-decades-deep library for $9.99 a month. This is one of the first sports “over the top” offerings in the United States and the transaction received a great deal of publicity as a result.
LightBridge Communications in Cross-Border Acquisition
Represented Lightbridge Communications in its $240 million acquisition by Tech Mahindra Ltd.
LinkedIn Privacy Class Action
Achieved dismissal of a putative class action against LinkedIn alleging violations of the Stored Communications Act and state law. The complaint asserted that LinkedIn disclosed LinkedIn user identification numbers and LinkedIn URL addresses to third party advertising companies, which allowed those companies to correlate the identity of a user with his or her previously anonymous Web browsing history.
John Lone on Opportunities in China
Advised actor John Lone (of "M. Butterfly," "Rush Hour 2" and the Academy-award winning "The Last Emperor") in exploring China opportunities.
Joint Ventures for Multiple Broadcast Clients
Representation of the first joint venture to provide Mobile Digital Television ("Mobile DTV") services in the United States in establishing a nine-company venture, as well as in negotiating a national joint venture with NBC, Fox and Ion Media to deploy this new digital service. This project has involved leading the negotiation of the Pearl Mobile DTV venture, leading the negotiation of certain programming and content agreements, and heading up public policy efforts with Congress, the White House, and the FCC.
Kangaroo Media Inc. in Negotiation of Agreement with Formula One
Kangaroo Media Inc. in the negotiation of an agreement with Formula One for the rights to provide a handheld TV service to racing fans at F1 events around the world.
Keanu Reeves and Stephan Hamel's Production Company on Project in China
Advised Keanu Reeves and Stephan Hamel’s production company, Company Films, on China projects.
Labrador Communications in Exclusive Content Distribution Agreement with Cingular Wireless
Labrador Communications, a start-up new media company, in its exclusive content distribution agreement with Cingular Wireless for the distribution of Labrador’s stock-car racing audio programs as a subscription service to Cingular’s mobile telephone customers.
Landmark Ruling for Tennis Channel
FCC handed Covington a decisive victory to the Tennis Channel in its discriminatory carriage lawsuit against Comcast Cable Communications, the largest distributor of video programming content.
Largest Media Rights Deal in NHL History
Represented the NHL in negotiating its 12 year, C$5.232 billion agreement with Rogers Communications for national broadcast and multimedia rights to NHL games, including the Stanley Cup Playoffs and Stanley Cup Final, in Canada. The agreement is the largest media rights deal in NHL history and one of the largest media rights deals, including the largest-ever sports-media rights agreement, in Canadian history.
Launch of LA Dodgers Regional Sports Network
Represented Time Warner Cable Inc. in a joint venture with the Los Angeles Dodgers to create a regional sports network that now carries the team’s games and in connection with the related distribution and license agreements.
Leading Food and Pharmaceutical Manufacturers on Advertising Requirements
Counseled leading human and animal food and pharmaceutical manufacturers on all facets of food and drug labeling, marketing and advertising requirements.
Libel Defense Litigation and Prepublication Review of News and Other Content for Broadcasters
Libel defense litigation and prepublication review of news and other content for broadcasters in some 35 states, including First Amendment, newsgathering, copyright, defamation and privacy advice, and opposing subpoenas from prosecutors and others.
LIN TV Corp. in Acquisition of Red McCombs Media
LIN TV Corp. in its acquisition of Red McCombs Media, an online advertising company and one of Inc. magazine’s fastest-growing private companies.
Litigation Challenging FCC's Rule on Telemarketing and Fax Advertising
Lead role in litigation challenging the FCC’s rules on telemarketing and fax advertising.
Major League Baseball in the launch of the MLB Network
Represented MLB in connection with the formation and launch of the MLB Network, including negotiating joint venture arrangements with major carriers and the MLB Network’s carriage terms.
Manufacturers' Suggested Retail Pricing Matters
Representation of clients on connection with inquiries concerning manufacturers’ suggested retail pricing.
Blockchain Asset Acquisition
Advising a financial services company in connection with its acquisition of blockchain assets.
Blockchain Industry Association
Providing strategic advice and support to a new blockchain industry association.
CenturyLink's $34 billion Acquisition of Level 3 Communications
Representing CenturyLink, Inc. on communications regulatory and national security matters in connection with its acquisition of Level 3 Communications Inc. in a transaction valued at $34 billion.
Blockchain Public Policy Counsel
We provide regular government affairs and public policy support and advice to a blockchain infrastructure and transaction processing company. In particular, we help them identify key stakeholders for Blockchain issues and guide them in their discussions with regulators in various jurisdictions and various industry sectors.
Corporate Counsel to Blockchain Startup
Advising a start-up blockchain company building an identity platform in connection with corporate, venture capital, privacy, and commercial licensing transactions.
$2 billion Los Angeles Clippers Acquisition
Represented Steve Ballmer in his $2 billion acquisition of the Los Angeles Clippers from The Sterling Family Trust.
80-Member Media Coalition to Protect Journalists’ Rights
Led an 80-member media coalition in persuading Congress to introduce legislation to protect journalists’ rights to protect their sources.
Acquisition of Optical Components Manufacturer
Represented Oplink Communications in its $445 million acquisition by Koch Industries.
Advising Large Public Companies and Investors on Corporate Governance Matters
Represented boards in the pharmaceuticals, consumer goods, health insurance, home equipment, advertising, motor vehicles, network communications, and technology industries as well as hedge funds, public pension funds, and other investors with respect to corporate governance developments regarding board and committee composition, crisis management, cybersecurity, internal controls, shareholder proposals, proxy access, political spending, and other sensitive disclosures and similar matters.
Altice Cross-Border Telecoms Acquisition
Represented Altice in its $9.1 billion acquisition of Suddenlink.
AOL Privacy Class Action
Achieved dismissal of a putative class action against AOL alleging violations of the Wiretap Act, Video Privacy Protection Act, and numerous state laws. The suit alleged unauthorized collection of personal information from the plaintiffs’ computers using “Flash cookies” and unlawful disclosure of video viewing information to third parties.
AOL TCPA class action
Achieved dismissal of a putative class action against AOL alleging violations of the Telephone Consumer Protection Act. The complaint sought to hold AOL liable for misdirected text messages sent by users of AOL’s Instant Messenger system.
Aristocrat Leisure in Casino Gaming Technology Acquisition
Represented Aristocrat Leisure Limited in its $1.28 billion acquisition of Video Gaming Technologies, Inc.
AOLs advertising businesses
Providing general privacy advice in connection with AOL’s advertising businesses.
Advertising terms and guideline
Routinely draft ad-serving agreements, data licenses, and advertising terms and guidelines for website advertising and advertising delivered on mobile and social media platforms.
Avnet Notes Offering
Represented Avnet, Inc. in a registered offering of $350 million of 4.875% Notes due 2022.
Successfully Represented Communications Manufacturer in Proposed Debarment Before GSA
Represented a manufacturer of lightweight communications supplies that had been proposed for debarment by the General Services Administration ("GSA"). After obtaining an emergency waiver of the proposed debarment, which enabled our client to continue filling new orders, we filed a formal written response that convinced GSA to terminate the proposed debarment.
Won Lawsuit Challenging GSA Debarment of Tech Entrepreneur
Successfully litigated a challenge to the debarment of a technology entrepreneur by the General Services Administration, resulting in a published 43-page opinion setting aside the debarment on the basis of due process violations.
Association of Public Television Stations in Office of Communication of the United Church of Christ Inc., v. FCC
Representation of the Association of Public Television Stations on whether public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements.
Samsung ITC Section 337 Certain Consumer Electronics Investigation
Representation of Samsung in the ITC Section 337 Investigation: Certain Consumer Electronics and Display Devices and Products Containing Same, USITC Inv. No. 337-TA-836 (Respondent).
Hewlett-Packard ITC Section 337 Investigation
Representation of Hewlett-Packard in the ITC Section 337 Investigation: Wireless Communication Devices and Systems, USITC Inv. No. 337-TA-775 (Respondent).
FujiPhoto Film Co ITC Section 337 Investigation
Representation of FujiPhoto Film Co. in the ITC Section 337 Investigation: Lens-Fitted Film Packages, USITC Inv. No. 337-TA-406 (Complainant).
Cable One Privacy Class Action
Achieved dismissals of three putative class actions against Cable One, a cable and Internet service provider, in litigation involving claims under the Wiretap Act, the Computer Fraud and Abuse Act, and related state laws. The litigation arose out of a third party’s test of a system using “deep packet inspection” for the purpose of serving targeted advertisements.
Cedel International in its investment in U.S. Spanish Television Network
Advised Cedel International Investment, an international investment fund, in its investment in V-ME Media, Inc., the owners and operators of the V-ME Network, the fourth largest Spanish television network in the United States.
Cengage Learning, Inc.
Represented National Geographic Society and affiliates as large unsecured creditors and contract counterparties in this Chapter 11 case.
Charter Communications
Represented Wilmington Trust Co., as indenture trustee, in connection with contested plan proceedings in this Chapter 11 case.
Children's Online Privacy Protection Act
Advised operators of child-directed websites and services on strategies for communicating their child-directed nature to third-party advertising partners in connection with the revised COPPA Rule, and agency inquiries.
Children’s Advertising Review Unit inquiry
Assisted the operator of a child-directed website in responding to an inquiry by the Children’s Advertising Review Unit (CARU) regarding its online behavioral advertising practices.
Children’s privacy FTC inquiry
Represented operators of online websites and mobile apps in responding to informal FTC inquiry letters involving alleged violations of the Children’s Online Privacy Protection Act.
China-Based Gaming Company Corporate Venture Investments
Advised Tencent Holdings Limited in connection with its investment activities relating to public and private companies.
China Based Gaming Company in Popular Messenger App Investment
Advised Tencent Holdings Ltd. on its $50 million investment in Ontario-based KIKInteractive, Inc., a messenger application with more than 200 million registered users.
DAA Self-Regulatory Principles
Represented a third party in responding to an inquiry by the Online Interest-Based Advertising Accountability Program regarding compliance with the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising.
Deep experience
We have represented clients in numerous other congressional investigations and oversight hearings, including a major internet services company in an investigation of its practices abroad, a chemical manufacturer in an investigation of the safety of its products, an insurance company in a hearing on the federal long term care insurance program, a financial services company in an investigation of credit card terms, and drug companies in investigations concerning such matters as payments to doctors, marketing practices, generic approvals, drug importation, and drug safety.
Developers of child-directed apps
Advised developers of child-directed apps on the FTC’s informal guidance on the collection of audio files and other user-generated content, push notifications, in-app purchases, and other interactive features.
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.
Digital Domain
Represented defendants in avoidance action brought by creditors’ committee in this Chapter 11 case.
Eastman Kodak
Represented bidder in connection with Section 363 sale of substantially all of the assets of this Chapter 11 debtor.
Eastman Kodak Company
Represented Wilmington Trust Company, as indenture trustee, as member of ad hoc committee of noteholders in this Chapter 11 case.
ECPA advice to Microsoft
Advising Microsoft on consent requirements under the Electronic Communications Privacy Act for responding to civil legal process requests in connection with cloud computing services.
Educational and children’s privacy rules
Advising Microsoft on the application of educational and children’s privacy rules to cloud computing services.
Enforcing NAFTA commitments regarding television programming
Advised major U.S. television program suppliers in enforcing Canada’s market access commitments under the North American Free Trade Agreement (NAFTA).
Facebook acquisitions
Advised Facebook, in connection with its acquisitions of Instagram, Oculus, WhatsApp and other entities.
FTC enforcement
Represented a third-party advertising service in responding to an inquiry by the FTC into the company’s technology for selecting and delivering online advertising. Mmatter was resolved without any formal enforcement action.
FTC Investigation into third-party advertising service
Represented a third-party advertising service in responding to an inquiry by the FTC into the company’s technology for selecting and delivering online advertising.
GHL in Acquisition of Voice and Data Mobile Satellite Services Provider
Represented GHL Acquisition in its $591 million acquisition of Iridium Holdings.
Going Private of Cellular and Satellite Technology Company
Represented Telular Corporation in its $253 million acquisition by Avista Capital Partners.
HaloIPT Wireless Charging Technology Acquisition
Represented HaloIPT, a leading provider of wireless charging technology for electric road vehicles, in Qualcomm’s acquisition of its assets and technology.
Adobe on Media-Related Project
Advise U.S. software company, Adobe, on a media-related project in China.
Advertising-Based Content Licensing Arrangements Negotiations
Negotiated advertising-based content licensing arrangements, including in print, broadcast, and online media, and those associated with mobile-telephone content.
Advertising of “Functional Foods”
Advised on the advertising of “functional foods” -- foods and dietary supplements with particular health benefits and organic foods.
Advertising Transitions Negotiations Involving Paid-Programming
Negotiated advertising transitions involving paid-programming (or “infomercials”).
Assessment of Proposed Communications Laws in Central and Eastern Europe Countries
Assessed proposed communications laws in countries in Central and Eastern Europe and the former Soviet Union.
Association for Maximum Service Television, Inc. on Legislative and Regulatory Broadcast-Related Issues
Representation of the TV industry trade association, the Association for Maximum Service Television, Inc. (MSTV), with respect to legislative and regulatory issues affecting broadcast television service, including the congressionally-mandated transition to an all-digital television service in June 2009 and the FCC's preparation of the National Broadband Plan mandated by Congress in the American Recovery and Reinvestment Act of 2009.
AT&T against Claims of Misleading Advertisements
Representation of AT&T in a trial in the District of Maryland concerning claims by a competitor that AT&T’s advertisements for telephone calling cards were misleading.
Atari Games in Litigation in U.S. District Court for the Northern District of California
Representation of Atari Games in litigation involving home video game trademarks in the United States District Court for the Northern District of California.
Baidu, Inc. in Media Venture
Representation of Baidu, Inc., China’s leading search engine, with respect to a media venture.
Barrington Broadcasting's Arrangement with Granite Broadcasting
Barrington Broadcasting in a novel four-station shared services/joint-sales arrangement with Granite Broadcasting for coordinated television station operations in two markets.
Barclays in the Acquisition of the Naming Rights to Barclays Center
Represented Barclays in connection with its acquisition of the naming rights to Barclays Center in Brooklyn, New York, for a term of 20 years.
Belo Corp. in Formation of Joint Venture with Right This Minute LLC
Belo Corp. in the formation of a joint venture with Right This Minute LLC to produce and distribute alternative news programming to local television stations.
Belo Corporation in Agreement with Weathernews Inc
Belo Corporation, an owner of television and radio stations and daily newspapers, in an agreement with Weathernews, Inc., an aggregator of digital content. Belo provided news and weather information, including video clips, for distribution by Weathernews to mobile telephones.
Broadcasters on Range of Legislative Issues
Representation of broadcasters on a range of legislative issues, including media ownership and the digital television transition. When the FCC proposed to increase the number of stations a network could own, Covington led the effort to urge Congress to adopt a special provision reversing the FCC. On behalf of broadcasters, we have been deeply involved in drafting every provision affecting the digital television transition over the past decade. Our long involvement in these issues before the Commission enable us to contribute effectively and efficiently to the debate before Congress.
Broadcasters, Washington Post, and NFL on Broadband Matters
Advised local broadcasters, which have unique content in many markets, as they explore deals to move their content to broadband platforms, advised the Washington Post, and worked for many years with the NFL on a range of important communications and media issues, including debates on Sunday Ticket, importation of distant signals, and Internet gambling.
BSA in Major Domestic and International Copyright Law Reform Efforts
Advise Business Software Alliance in most of the major domestic and international copyright law reform efforts resulting from the advent of the digital age, including the U.S. Digital Millennium Copyright Act, the WIPO Treaties, the EU Copyright Directive, the EU Software Directive, implementation of the TRIPS Agreement, and amendments to existing copyright laws in over 30 countries worldwide.
CBS Corp. v. FCC.
Covington successfully represented CBS against a threat by the FCC to make hundreds of thousands of pages of highly confidential programming contracts and negotiation materials available to hundreds of third parties. The D.C. Circuit ruled in favor of CBS, stating the FCC’s decision was “both substantively and procedurally flawed.”
Celestial Pictures on Intellectual Property Issues
Copyright and IP advice to Celestial Pictures, the owner of the Shaw Brothers library, the largest Chinese-language film collection in the world.
CBSInteractive in Various Service Agreements
CBSInteractive in various service agreements for digital media, wireless, and advertising services.
Celestial Pictures on PRC Regulatory Issues
Advised Celestial Pictures on certain PRC regulatory issues in connection with the formation of Celestial Tiger Entertainment, the joint venture Celestial formed with Lionsgate and the Saban Capital Group in late 2011.
China Filmed Entertainment in Production, Financing, and Distribution Arrangements
China Filmed Entertainment in production, financing, and distribution arrangements for films including The Painted Veil, Forbidden Kingdom, and Crazy Stone; and Season 15 of CBS/Mark Burnett’s Survivor (shot entirely in China).
Client in EU Opposing Merger of Two, U.S.-Based Telecom Service Providers
Representation of a client in the EU opposing the merger of two, U.S.-based global telecom service providers -- a matter that involved complex issues under EU competition law.
Client in Financing National Wireless Telecommunications System
Representation of a client in financing a national wireless telecommunications system in India.
Client Opposed to Proposed European Digital Video Broadcasting Standards
Representation of a client opposed to certain aspects of proposed European Digital Video Broadcasting Standards, a matter on which we integrated our expertise in IP law, competition law and substantive and procedural aspects of the EU standardization process.
Client with Obtaining UK Merger Clearance
Representation of a client in connection with obtaining UK merger clearance for the sale of a UK cable business.
Coalition of Broadband Users and Innovators, including Microsoft, Google, and Consumer Groups before FCC and Congress
Led the Coalition of Broadband Users and Innovators, including Microsoft, Yahoo!, Google, eBay, and consumer groups before the FCC and Congress for policies that ensure that as broadband services are deregulated, these Internet content companies have the ability to reach their customers.
Commercial Arrangements for Online Advertising Revenue-Sharing Arrangements, Sponsored-Search and Graphical Advertising
Drafted and negotiated commercial arrangements for online advertising revenue-sharing arrangements, sponsored-search and graphical advertising involving the leading Internet portals and Internet content providers.
Confidential data leak
Provided guidance to a major technology and manufacturing company in connection with the unauthorized posting of employee personal information on a third-party webpage. Our efforts on behalf of the client included working with Internet service providers to remove the posted information and providing notice to potentially affected individuals and applicable state regulators.
Congressional testimony advice for cable programming company
We advised an independent lifestyle programming channel on the effects of a potential Comcast/Time Warner Cable merger and assisted them in communicating their concerns to Congress and relevant federal agencies, including the Department of Justice, and the FCC. Covington’s work led to the channel’s then-CEO testifying before the Senate Judiciary Committee.
Content Provider in Global Partnership with International Telecommunications Provider
Representation of a global content provider in its global partnership with an international telecommunications provider to develop and operate a 3G mobile music service.
Consumer Products Manufacturers and Sellers on Advertising Matters
Counseled major consumer products manufacturers and sellers on commercial and regulatory advertising issues.
Content Providers on Broadcasting, Online, and Digital Media Advertising Trends
Advised major content providers, including sports leagues and television programmers and operators, on broadcasting, online and digital media advertising trends.
Copyright Advice on Advertising Issues
Provided copyright advice on advertising issues, including with respect to copyright risk-assessment and worked with clients to develop copyright compliance strategies.
Copyright and Fair Use Advice and Counseling to Publishers
Provide general copyright and fair use advice and counseling to publishers such as the National Geographic Society, the Washington Post Company, and Zomba Music Publishing, to various television broadcast stations, and to a number of leading online business and media ventures including The Microsoft Network, USA Interactive, and the National Football League. Covington is also special intellectual property counsel to the Smithsonian Institution.
Copyright Matters Relating to Rights to Photographic Archive and Wrongful Publication of Photographs
Advising on copyright matters relating to rights to an extensive photographic archive and on wrongful publication of photographs in Europe.
Copyright reform advice for consumer electronics companies in the EU
We have advised leading consumer electronics companies in the in EU in proceedings to consider possible reform of national rules on copyright levies.
Cyrte Investments on Investment in Co-production with Chinese Studio
Advised private equity firm Cyrte Investments on a major investment in a co-production with a Chinese studio.
Defamation Laws in Bosnia
Drafted new defamation laws for Bosnia.
Defending whistleblower claims
Defended claims threatened against a technology company in the US and the UK, involving alleged SOX whistleblower protections and unlawful detriment claims.
Development and Guidance of Advertising Policies
Advised on advertising policies, including with respect to privacy laws, including the Children’s Online Privacy Protection Act, and developed advertising policies.
Development of Technical Substantiation Supporting Product Claims
Assist in developing technical substantiation to support product claims made in labeling, promotions and advertising, and in the defense of substantiation in the litigation context.
Dismissal of a high-profile negligence action
Represented Universal Studios in obtaining the dismissal of a high-profile negligence action brought by a Maury Show guest in New York state court.
DOJ investigation of Middle East business practices
Representing a high-profile media entity in a U.S. Department of Justice investigation of business practices in the Middle East.
Employee Recruiting Class Actions
Represented Pixar and Disney in multi-defendant antitrust class actions alleging unlawful agreements among certain Silicon Valley firms and animation studios to limit their recruiting of each other’s employees.
Employee data breach support
Provided guidance to a major technology and manufacturing company in connection with the unauthorized posting of employee personal information on a third-party webpage. Our efforts on behalf of the client included working with Internet service providers to remove the posted information and providing notice to potentially affected individuals and applicable state regulators.
Employment aspects of global joint venture
Advised a Japanese technology client on the international employment, pensions and incentives aspects arising on the formation of a joint venture with operations in the US, Asia and Europe.
Entertainment and Media Start-Up Companies in China
Advise start-ups such as producers of original Web content and digital music services.
EU Commission defense of Microsoft's Skype acquisition
Represented Microsoft in connection with Cisco’s appeal against the European Commission’s decision to approve Microsoft’s acquisition of Skype.
EU legislative advice for software companies
We have represented software companies on EU and national legislation concerning software standards, copyright infringement, electronic commerce, data protection, and other issues.
EU telecom coalition advice
We have served as secretariat to several informal coalitions working on telecommunications issues and intellectual property protection.
Expedia and Its Affiliates on Privacy and Data Security Matters
Advised Expedia (and affiliates Hotels.com, Hotwire, and TripAdvisor) on a variety of privacy and data security matters, including e-mail marketing, targeted advertising, fraud prevention, and changes to online privacy policies.
Expedia Antitrust Class Actions
Represented Expedia in multiple national antitrust class actions relating to hotel bookings.
Favorable ICC award for New Skies
Representation of New Skies in an ICC arbitration awarding relief of more than US$150 million to our client for a defective communications satellite.
Favorable settlement for Raycom Media
Represented Raycom Media in obtaining a favorable settlement of a lawsuit brought against the City of Cleveland when the mayor issued a formal edict barring all city officials from speaking with WOIO-TV, a Raycom-owned CBS affiliate, after the station aired a documentary critical of the mayor.
Fax Business Coalition Advocating FCC to Amend Rules
Representation of a coalition of 600 companies and trade associations advocating the FCC to amend its rules to enable business to use faxes to contact their customers. When Congress adopted a law allowing those faxes, we represented the coalition before Congress on implementing this law.
FCC v. Fox Television Stations, Inc.
Covington successfully represented CBS and NBC Television Affiliates in this case involving the FCC’s policy on broadcast of "fleeting expletives." The Supreme Court held that the agency’s policy violated the Due Process Clause, an argument emphasized in Covington’s brief for the television stations.
EU investigation regarding abusive search related conduct
Representation of Microsoft, Expedia, and Trip Advisor in the U.S. and Europe in connection with investigations regarding Google’s abusive search-related conduct.
Guidance on Advertising and Sponsorship Arrangements
Counseled leading health care information, product and disease-oriented websites on advertising and sponsorship arrangements.
Guidance to Governments on Telecommunications Matters
Advised governments on the privatization of telecom service providers, crafting regulations for the introductions of regulatory structures to foster competition in the telecommunications industry; drafted regulations governing telecom activities; and established a licensing and regulatory structure for the introduction of next-generation wireless telecommunications service.
In re High-Tech Employee Antitrust Litigation
Representing Pixar in multi-defendant federal antitrust class action litigation alleging an unlawful agreement among certain Silicon Valley firms to limit their recruiting of each other’s employees.
In re TFT-LCD Antitrust Litigation
Represent Samsung in consolidated antitrust price-fixing and deceptive practice class actions involving liquid crystal displays. Won dismissal of claims valued at more than $3.5 billion, brought by Motorola Mobility against Samsung Electronics and several other manufacturers, shortly before trial.
Innovative Program Agreements Negotiations for Multiple Clients
Negotiated various innovative program agreements for (a) the NFL, including for example, its deals with ESPN and Sprint and one with TiVo to protect its programming against Internet piracy, (b) other program deals involving PBS, Comcast and Children’s Television Workshop and (c) NBC Weather Plus and NBC Broadband -- joint ventures between the network and its affiliates.
Inquam Limited in Acquisition of Telemobil S.A.
Inquam Limited in its acquisition of Telemobil S.A., the Romanian wireless telecommunications operator, and on Telemobil’s subsequent vendor financing facility with Lucent Technologies.
Internet-Site Operators on Commercial Strategies
Advised Internet-site operators on commercial strategies, including with respect to CPM-based revenue sharing arrangements.
Invalidation of 41 Claims in Victory for Media Clients
Representation of multiple petitioners, including The New York Times Company and CBS Interactive, in an IPR proceeding (and in seven inter partes reexamination proceedings) for patents held by Helferich Patent Licensing, LLC. The patents relate to cell phone messaging and were the subject of co-pending litigation in which the requesters were defendants. The PTAB provided another clean sweep IPR victory when it invalidated all 41 challenged claims of the patent. Following Covington’s argument in April 2015, the Court of Appeals for the Federal Circuit affirmed the PTAB’s decision, securing the clients’ victory.
Los Angeles Clippers Acquisition
Represented Steve Ballmer in his $2 billion acquisition of the Los Angeles Clippers from The Sterling Family Trust.
Microsoft Acquisition of AOL Patents
Represented Microsoft in the $1.1 billion acquisition of 800 patents from AOL, and its $550 million sale to Facebook of the right to acquire a portion of the AOL portfolio.
Microsoft Acquisition of Nortel Patents
Represented Microsoft in the $4.5 billion winning bid in the auction of Nortel Networks Corporation’s 6000 patents and patent applications.
Microsoft in $7 Billion Acquisition of Devices and Services Business
Represented Microsoft, as IP, commercial, and regulatory counsel, in its $7 billion purchase of substantially all of Nokia’s devices & services business.
Microsoft Privacy Class Action
Achieved summary judgment for Microsoft in a putative class action alleging unauthorized collection of geolocation information from the plaintiffs’ mobile devices. After a claim under the Wiretap Act was dismissed at the pleadings stage, we successfully obtained summary judgment on a remaining claim under the Stored Communications Act.
Microsoft Software Publisher Agreements
Represented Microsoft on terms of use and third-party software publisher agreements for its Azure and Office 360 cloud service platforms.
Microsoft's acquisitions of Nokia and Skype
Advised Microsoft in relation to the data protection aspects of the purchases of Nokia’s device and services business and Skype.
National Public Radio Privacy Class Action
Achieved dismissal of a putative class action against National Public Radio alleging violations of the Wiretap Act, Stored Communications Act, and state laws. The complaint alleged that mobile app developers wrongfully transmitted personal information to third party advertising companies.
New online advertising products
Represented a large social-media platform in connection with the development and implementation of new online advertising products.
NFL Sports Data Collaboration with Sportsradar
Represented The National Football League on its next generation data collaboration with Sportsradar, a European sports data company.
Nortel Networks
Represented Microsoft as a principal member of the consortium submitting the winning bid for the worldwide licensing and patent portfolio of Nortel for $4.5 billion.
Online Charity Auction site in its Sale to Philanthropy Solutions Company
BiddingForGood, Inc., in its sale to FrontStream Holdings, Inc. a portfolio company of Arsenal Capital Partners.
Oplink Communications in Acquisition
Represented Oplink Communications in its $445 million acquisition by Koch Industries.
Online Charity Auction Site in its Series E Financing
Advised BiddingForGood in its recent Series E financing. BiddingForGood is the leading online auction platform for charitable entities.
Pathnet Telecommunications
Represented Chapter 11 debtor in its bankruptcy liquidation.
Predictive Analytics Company in Series A Funding
Advised EverString Innovation Technology in a $12 million Series A financing.
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.
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.
Rightster Listing on AIM
Represented Rightster Group plc. in the listing of its shares to the AIM market of the London Stock Exchange.
Expedia/Orbitz Transaction
Secured a significant victory for Expedia (and consumers) in its $1.3 billion acquisition of Orbitz. The DOJ closed its “second request” investigation without taking any enforcement action.
Qualcomm/CSR Transaction
Representation of Qualcomm in connection with its acquisition of CSR plc, with filings in China, Germany, Japan, Korea and Taiwan.
Verizon Communications Transactions
Representation of Verizon Communications in several transactions, including its $3.89 billion acquisition of AOL. Also advised the company in connection with its purchase of UK-based Vodafone’s 45 percent ownership of Verizon Wireless, as well as Vodafone’s purchase of Verizon’s interest in Vodafone Italy, which was valued at $124.1 billion.
Altice Transactions
Representation of Altice N.V., in its $18 billion acquisition of Cablevision Systems Corp. and its $9.1 billion acquisition of Suddenlink.
Communications and Media Joint Ventures
Counseling for joint ventures for a variety of clients in media and communications, including cable channel ventures, joint ventures for video programming and content, and satellite, wireless, and broadcast joint ventures.
Electronic Arts in its Acquisition of 19.9% Stake in Ubisoft Entertainment
Representation of Electronic Arts in its acquisition of a 19.9% stake in French game company Ubisoft Entertainment, in a transaction requiring the participation of multiple Covington offices on various corporate, antitrust and international issues.
Altice Acquisitions
Represented Altice before CFIUS in its acquisitions of Suddenlink Communications and Cablevision.
China Oceanwide’s Acquisition of International Data Group, Inc.
Represented China Oceanwide before CFIUS in its acquisition of International Data Group, Inc.
Securities Counsel to Numerous Fortune 500 companies
Represent numerous Fortune 500 companies in the pharmaceuticals, consumer goods, health insurance, home equipment, advertising, motor vehicles, network communications, and technology industries with respect to the resolution of shareholder proposals concerning executive compensation, majority voting, proxy access, the right to call special meetings, political spending and lobbying disclosures, and a host of other topics.
Social Media Apps Leveraging Big Data
Represented Microstrategy in transactions related to the development of social media apps that leverage big data.
Telular in Going Private Transaction
Represented Telular Corporation in its $253 million acquisition by Avista Capital Partners.
The Walt Disney Company in CrossBorder Acquisition
Represented The Walt Disney Company in its $455 million acquisition of India's UTV Software Communications Limited, an integrated media and entertainment company involved in broadcasting, motion pictures, games content, interactive, and television content.
Trusted Advisor to Fortune 100 Companies
Represent Fortune 100 companies in the consumer goods, health insurance, and technology industries with respect to sensitive, ongoing securities disclosure, and compliance matters.
Univision in Deal for Carriage on DISH’s “Over the Top” Sling TV Service
Represented Univision Communications in the precedential agreement for carriage of Univision’s broadcast stations and cable networks on DISH’s “over the top” Sling TV service. The UCI media portfolio includes the Univision Network, one of the top five broadcast networks, and the most-watched Spanish language broadcast network in the U.S., reaching approximately 94 percent of U.S. Hispanic television households. The agreement covers the Univision and UniMas broadcast networks, as well as other UCI services, such as Univision Deportes and El Rey Network. Sling TV is a new online offering from one of the largest television distributors in the country, by which subscribers can view major network content via the Internet anywhere in the United States.
Telehealth IT System Development
Represented a major global pharmaceutical company on negotiating arrangements with multiple suppliers for the development and operation of a complex state-of-the-art telehealth IT system.
WTO e-commerce debate representation
Advised a leading information technology company and represented them before the U.S. and EU governments in the WTO debate on e-commerce.
Data Breach Response and Compliance
We have counseled clients on all aspects of data breach response globally, including incidents involving more than 100,000 impacted employees, payment card incidents involving millions of consumers, and breaches of other personal information impacting more than 50 million consumers.
Pre-Incident Advice and Assessments
We regularly advise clients on compliance with information security requirements and best practices, including, among others, governance best practices, vendor contract terms and due diligence, the implementation of information security controls to satisfy regulatory requirements, and the conduct of vulnerability assessments.
Innovative New Product for Global Communications Firm
Advising a global network that enables institutions to send and receive information about financial transactions on an innovative new communications technology platform.
Broadcasters and Programming Suppliers in Negotiations and Litigation
Representation of broadcasters and programming suppliers in negotiations and litigation with satellite carriers EchoStar and DirecTV.
Broadcasters on DTV Transition
Representation the broadcast industry and individual broadcasters for nearly two decades on the incredible range of technical, legal and policy issues surrounding the transition to digital television. We helped negotiate the DTV standard, and devised the new frequency table. We worked closely at every step with the FCC’s engineers and with engineers across the television industry. We also worked to develop the new rules and legal requirements to accompany the detailed technical analysis.
Canadian Satellite Radio in $100 million Bond Offering
Representation of Canadian Satellite Radio Holdings, Inc. in a $100 million bond offering.
Coalition of Internet Leaders on Enactment of Net Neutrality Legislation
Working for the enactment of meaningful net neutrality legislation on behalf of a coalition of Internet leaders, including eBay, Google, InterActiveCorp, Microsoft and Yahoo!.
Coalition of Nearly 100 Broadcast Television Stations in Challenging Broadcast Indecency Fine
Challenging the largest broadcast indecency fine ever proposed by the FCC as lead counsel for a coalition of nearly 100 broadcast television stations.
Cook Inlet and Others in Spectrum Auctions Process
Represented Cook Inlet and others in the spectrum auctions process.
Development and Coordination of Anti-Piracy Strategies throughout Europe for Software Providers
Devised and coordinated anti-piracy strategies throughout Europe (including Russia and markets in Eastern Europe) to enforce the IPRs of leading software providers.
Dismissal of ERISA notice and claims for Verizon
Secured district court dismissal of ERISA notice and fiduciary breach claims against our client Verizon, arising from the spin-off of a business, on the basis of the statute of limitations. Murphy v. Verizon Commc’ns, Inc., 50 Empl. Ben. Cas. (BNA) 1855 (N.D. Tex. 2010).
Disney in $7 Billion Acquisition of Infoseek Corporation
Representation of the Walt Disney Company in its $7 billion acquisition of Infoseek Corporation.
BSA on the EU Copyright Directive
Provided strategic advice and advocacy support to the Business Software Alliance on the EU Copyright Directive, proposed Software Patents Directive and IP Enforcement Directive, and more broadly assisted in efforts to promote the protection of IP in the EU and third countries.
Favorable ruling for Verizon in age discrimination suit
For Verizon, in a companion case to a similar claim against Equitable, secured the first favorable ruling in the Second Circuit on claims that cash balance plans violate the age discrimination provision of ERISA. Hirt v. The Equitable Retirement Plan, 533 F.3d 102 (2d Cir. 2008).
Fax Ban Coalition, U.S. Chambers of Commerce, National Association of Realtors, and Coalition of Mortgage Finance Industry Businesses on Commercial Fax Messages Matter
Obtaining rules on commercial fax messages that protect consumers’ rights, but are fair to legitimate businesses, after multi-venue effort in Congress, in court and at the FCC on behalf of the Fax Ban Coalition, a cross-industry group of trade associations and businesses, as well as the U.S. Chambers of Commerce, the National Association of Realtors and a coalition of businesses in the mortgage finance industry.
Foreign Satellite Manufacturer on Corporate and Securities Law
Representation of a foreign satellite manufacturer on general corporate and securities law issues regarding its activities with a U.S. company developing a new satellite-based communications service.
Global Software and Technology Company in Telecommunications Regulatory Matters
Representation of one of the world’s largest global software and technology companies in a range of communications regulatory issues affecting its business.
Group of Secured Lenders in Restructuring FairPoint Communications
Representation of a group of secured lenders as principal outside regulatory counsel in the restructuring of FairPoint Communications.
Investors in the Old ITFS and MMDS Spectrums
Represented investors in the old ITFS and MMDS spectrums have turned to us for advise on new spectrum strategies, regulatory reform, and deal work.
Major Publishers in United States and Europe on Cross-Border Libel Matters
Representation of major publishers in the United States and Europe on cross-border libel matters relating to Internet publication.
Major Media Company on Telecommunication Matters
Representation of a major media company on all telecom matters relevant to its commencement and continuity of operations as a Mobile Virtual Network Operator (i.e., a reseller of wireless service) in the U.S. market.
Microsoft before FCC on Issues Concerning Media Center and DRM Products
Representation of Microsoft before the FCC on various issuing surrounding its Media Center and DRM products. We obtained FCC recognition of Windows Media Digital Rights Management software as a permissible means to handle digital content. We also represent the company in ongoing rulemakings and waiver petitions involving plug-and-play issues, including industry-wide efforts to resolve these issues.
Microsoft in License Negotiations for Xbox 360
Representation of Microsoft in negotiating licenses for IP related digital output and copy protection technology for the Xbox 360 console.
Mobile Satellite Ventures (MSV) in Corporate Matters
Representation of Mobile Satellite Ventures (MSV), an L-band MSS provider that has an authorization for a next generation service using ancillary terrestrial components (ATC), in corporate and transactional matters, including equity and debt financing.
Microsoft in Negotiating Reseller Agreements for Interactive Voice Recognition Cloud Services
Representation of Microsoft in negotiating reseller agreements for interactive voice recognition cloud services between Microsoft subsidiary Tellme and various partners, initially Juma Technology Company and its subsidiary Nectar Services Corp.
Multiple Clients on Legislative and Regulatory Policy and Litigation Issues
Representation of clients on various legislative and regulatory policy and litigation issues, including (1) retransmission consent, (2) downconversion of digital signals by cable systems, (3) carriage of digital multicast streams by cable, DBS and other video program distributors, (4) indecency, (5) media ownership and (6) importation of distant signals by DBS operators.
NAB Before the U.S. Supreme Court
Representation of the National Association of Broadcasters before the U.S. Supreme Court in the Schwarzenegger case, which concerns the First Amendment validity of state-imposed limitations on violent video games.
National Geographic Society in Creation of Channel
Representation of National Geographic Society in the creation of the National Geographic Channel with News Corp. and NBC.
National Press Photographers Association in Protection of Journalists' Rights
Protecting the rights of journalists to gather news in the New York and New Jersey transit systems, on behalf of the National Press Photographers Association.
Network Affiliated Stations Alliance and NAB in Battle before Congress, FCC, and Third and D.C. Circuits Courts of Appeals
Waging on behalf of the Network Affiliated Stations Alliance and the National Association of Broadcasters a multi-year, multi-venue battle before Congress, the FCC, and the Third and D.C. Circuits Courts of Appeals on the national television ownership rule, successfully achieving a legislative reversal of the FCC’s decision.
New Skies on Multiple Matters
For New Skies, a spin-off of Intelsat, we have provided FCC advice and also have handled arbitration, litigation, export control and intellectual property projects.
Newspaper Association of America and 70-Member Media Coalition in Spearheading Federal Legislation to Establish Journalists’ Privilege
Representation of the Newspaper Association of America, and an 70-member media coalition, in spearheading federal legislation to establish a journalists’ privilege. We have worked closely with proponents of legislation and with Congress to suggest creative solutions to protecting the integrity of the journalistic enterprise, in both traditional and digital media, while taking into account legitimate law enforcement and anti-terrorism concerns.
NFL in Negotiations for Digital Downloads
Representation of the National Football League in negotiations for digital downloads of NFL content and a wide range of other new media deals with Yahoo!, iTunes and others.
NextWave and Others in Spectrum Strategies and Opportunities
Represented NextWave, other applicants and licensees, and numerous investors in connection with new spectrum ideas, purchases, auctions and new technologies in the 700 MHz, 800 MHz, and 2 GHz spectrum.
On Behalf of MSTV, Representing the Television Industry on Key Legislative, FCC, and Industry Issues
On behalf of MSTV, representing the television industry on key legislative, FCC and industry issues, including, for example, negotiating a template agreement with Sprint Nextel for the migration of broadcast ENG services out of the 2 GHz spectrum, the implementation of a “hard date” for the transition to a digital-only television service, and for the process of electing and assigning final DTV channels.
PanAmSat, Hughes Network Systems, and Intelsat on Conducting Due Diligence Reviews
Assisted various financial and strategic investors in conducting due diligence reviews of PanAmSat, Hughes Network Systems, and Intelsat in connection with the sale of such companies.
Pulitzer-Prize Winning Author Ron Suskind on His War on Terror Investigative Work
Representation of Pulitzer-prize winning author Ron Suskind in connection with his investigative work on the war on terror and in particular, with his most recent bestselling work, The One Percent Doctrine.
Qualcomm in Numerous European Acquisitions and Investments
Representation of Qualcomm in numerous European acquisitions and investments including its $200 million joint venture and private equity investment with Omnia, a subsidiary of Saudi Oger, to create a UK-based company to deploy CDMA-based technology.
Qwest Communications International Inc. in Multiple Transactions
Representation of Qwest Communications International Inc. in a number of strategic transactions and proposed transactions, including its merger with CenturyLink (as local counsel in the District of Columbia and Maryland).
Raycom Media’s CBS-Affiliated Station in Cleveland in Opposing Newsgathering Restriction
Representation of Raycom’s CBS-affiliated station in Cleveland in opposing a newsgathering restriction imposed by the mayor of the City of Cleveland. Within 24 hours of the imposition of a ban on contacts to our clients’ journalists, we had begun preparation of an injunction action. Following initial hearings, we negotiated a resolution that resulted in full reinstitution of access for our client.
Rural Local Exchange Carrier with Telecommunications Issues
Representation of one of the industry’s largest rural local exchange carriers as principal outside regulatory counsel in the U.S. in connection with universal service, intercarrier compensation and broadband compliance, investigations and policymaking proceedings.
San Francisco Digital Media Advisory Council Member
Covington is the only law firm member of the San Francisco Digital Media Advisory Council, a coalition between the City of San Francisco and a host of leading digital media and entertainment companies, including Electronic Arts, Lucasfilm, Dolby Labs, Wild Brain Entertainment, Giant Killer Robots, Dreamworks Animation and Pixar.
SES Americom on Advice and Advocacy at FCC and DOJ
For SES Americom, we provided advice and advocacy at the FCC and DOJ concerning the impact of the News Corp. acquisition of Hughes Electronics (and its subsidiary, PanAmSat), on competition in the satellite distribution services industry.
Specialty Equipment Manufacturers on FCC Compliance
Representation of one of the leading distributors of televisions to the healthcare field, Specialty Equipment Manufacturers, on FCC compliance issues. When its leading manufacturer discovered problems complying with an FCC rule, we sought a waiver of the FCC’s Part 15 requirements for one of the leading TV set manufacturer in this market.
Ontario Teachers Pension Fund, Providence Equity Partners and Madison Dearborn Partners in $33B Acquisition
Representation of Ontario Teachers Pension Fund, Providence Equity Partners and Madison Dearborn Partners in their $33 billion acquisition of BCE, Inc., the parent of Bell Canada.
Television Clients on Pre-Publication Review, Newsgathering and Subpoena Defense Issues
Provided pre-publication review, newsgathering and subpoena defense work for television clients in some 25 states on a 24/7/365 basis. To ensure that our team is fully available to journalists around the clock, we have established technical solutions so that scripts, video clips and documents are distributed electronically to all members of our team simultaneously.
TerreStar Networks in Compliance Matter
Representation of TerreStar Networks, one of the companies that won a license to offer mobile satellite service (“MSS”) in the 2 GHz band, on critical milestone compliance and MSS spectrum allocation issues.
Two Major National News and Public Affairs Magazines and a National Newspaper on International Newsgathering and Libel Exposure Issues
Advised two major national news and public affairs magazines and a national newspaper on international newsgathering and libel exposure issues. For example, we have advised on the use of hidden cameras in Africa, India and Europe. We also represented a 50-member media coalition in successfully persuading Canadian courts not to exercise jurisdiction over the Washington Post in Bangoura v. Washington Post.
Verizon in Dispute with RIAA
Representation of Verizon in a dispute with the Recording Industry Association of America over the application of safe harbor provisions of the Digital Millennium Copyright Act to subscribers’ sharing of music and other content using peer-to-peer services.
Testified in Favor of and Played an Advisory Role in Crafting, Federal Legislation to Limit “Libel Tourism”
A Covington partner testified in favor of, and played an advisory role in crafting, federal legislation to limit “libel tourism,” the practice of libel plaintiffs suing U.S. publishers abroad. The resulting legislation, the SPEECH Act, unanimously passed the House and the Senate and was signed into law in August 2010.
GHL Acquisition Corp. in Acquisition of Iridium Holdings LLC
GHL Acquisition Corp., a special purpose acquisition company sponsored by Greenhill & Co., Inc., in its acquisition of Iridium Holdings LLC, the leading mobile satellite services provider.
Global policies and procedures
Advising Microsoft on a broad range of privacy and data security issues impacting its services in Europe and at a global level.
NBA in Live Virtual Reality Streaming with NextVR
We represented the NBA in a multi-year deal to stream live NBA games in virtual reality in a partnership with NextVR, which will become the official live virtual reality partner of the NBA. During the 2016-2017 season, live VR games will first be available to NBA League Pass subscribers, with single-game purchase opportunities to follow for all VR consumers as the NextVR app becomes available on new VR devices.
Pac-12 Networks in Twitter Streaming Deal
We represented Pac-12 Networks in its deal with Twitter for streaming of 150 live Olympic sports events from the Pac-12 universities.
Fox Networks Group in Online Distribution Agreements
We represented Fox Networks Group in various agreements for carriage of the Fox suite of cable networks and the Fox owned and operated broadcast television stations on various “over-the-top” Internet-based distribution platforms.
Representation of Teva Pharmaceuticals
We represented Teva in its strategic partnership with IBM, which enabled it to become the first multinational pharmaceutical company to deploy IBM’s Watson Health Cloud as its global technology platform. As part of the partnership, a joint Teva-IBM research team will work together using “big data” and machine-learning tools to develop disease models and advanced therapeutic solutions, including solutions designed to collect and analyze real world evidence. The deployment of these models and solutions will enable Teva to provide insights and real-time feedback directly to care providers and patients via mobile devices in order to achieve treatment optimizations and improved patient outcomes.
Blockchain Technology Advice
Advising a Fortune 100 company in connection with its evaluation of a blockchain-based technology service for cross-border payments.
Market entry
Assisting a major U.S. tech company with an entrance into China, including providing a comprehensive analysis of privacy and data protection issues in connection with that entry.
Mass media company global public policy
One of the world’s largest global mass media companies needed support on a range of issues that intersect law and policy. We helped the client:
- navigate U.S. sanctions on advertising, promotion, and distribution of content in international markets;
- pursue a diplomatic solution to an IP rights dispute in the Middle East, leveraging extensive relationships at the State Department; and
- advocate on federal issues with Members of the U.S. Congress.
Merck, Verizon, Spirits International, National Geographic, PBS, and Others before the United States Trademark Trial and Appeal Board
Representation of numerous clients, including Merck, Verizon, Spirits International, National Geographic Society, Public Broadcasting Services, M Financial, Promontory Financial Group, U.S. Soccer Federation, Lewis Brothers Bakeries and Rosie O’Donnell in opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board.
Mexico-Based Multi-System Cable Operator in Joint Venture
Representation of a Mexico-based multi-system cable operator in a joint venture with a Mexico-based local and long-distance telecom company.
Microsoft Transactions
Representation of Microsoft Corp. in its $8.5 billion acquisition of Skype Communications S.à.r.l., the largest acquisition in the company’s history, in connection with its $4.5 billion acquisition of certain Nortel patents, in its $7.2 billion acquisition of the handset division of Nokia, and its $2.5 billion acquisition of Mojang, the developer of Minecraft.
Microsoft Expatriate Issues
Advised Microsoft in relation to expatriate issues arising from post-acquisition integration with Nokia’s global mobile phone business.
Microsoft on Internet Protocol Television Issues
Advised Microsoft on Internet Protocol Television issues, including testimony before Congress, appearances at the FCC, and industry negotiations, and advised on industry negotiations to encourage movie studios and the cable industry to use their digital rights management technology for distributing movie and other content over the Internet.
Microsoft public policy and government affairs
Microsoft wanted assistance with legal, public policy, and strategic issues. We support Microsoft on a wide array of policy and legislative issues, including privacy, national security, immigration, tax, and telecommunications, and assist them in gathering political intelligence and advocating before Congress and federal agencies.
Microsoft Nokia employee integration
Assisted Microsoft with the integration of approximately 32,000 Nokia employees across 60 countries, following Microsoft’s acquisition of Nokia’s devices and services business.
Microsoft, Verizon, AAA, and Others in UDRP Domain Name Proceedings
Representation of numerous clients, including Microsoft, Verizon, New Skies Satellites, LIN Television, American Automobile Association and Ourisman Dodge in UDRP domain name proceedings.
Multi-Billion Dollar NFL Sunday Ticket Deal
Represented the NFL in negotiating its multi-billion dollar deal with DIRECTV to extend DIRECTV's exclusive rights to carry the NFL Sunday Ticket out-of-market games package through a new multi-year agreement. The new agreement expands DIRECTV’s rights to stream NFL Sunday Ticket on mobile devices and via broadband, and provides for the NFL and DIRECTV to explore the development of an NFL Sunday Ticket over-the-top subscription service. The deal also provides for DirecTV to continue to carry NFL Network.
Murphy v. Verizon Communications, Inc., et al.
Covington successfully represented Verizon in an ERISA class action case brought by three retirees claiming the transfer of their pensions to a spin-off company violated various requirements of ERISA. The Fifth Circuit granted summary judgment in favor of Verizon after discovery. When the case grew to a class action, the Fifth Circuit eventually affirmed the dismissal of all claims.
NASCAR in Production and Distribution of Daytona 500 Content
NASCAR in connection with the production and distribution of content related to the Daytona 500 on iTunes.
National Geographic Society in Two Trademark Matters
Representation of National Geographic Society in the United States District Court for the District of Massachusetts against claims of infringement of an alleged family of ZONE marks asserted by the author of a series of ZONE books on health and nutrition; and in an opposition proceeding before the U.S. Trademark Trial and Appeal Board, claiming that applicant's EXPLORE CHANNEL mark is likely to cause confusion with National Geographic's EXPLORER marks.
NBA Expanded Partnerships with Turner Broadcasting and The Walt Disney Company
Represented the NBA in expanding its partnerships with Turner Broadcasting System, Inc. and The Walt Disney Company through new, nine-year agreements under which ABC, TNT, and ESPN will televise NBA games beginning with the 2016-17 season and running through the 2024-25 season.
NBA Properties and NBA Member Teams in Trademark Litigation Concerning the DREAM TEAM Mark
Representation of NBA Properties and the NBA member teams in trademark litigation concerning the DREAM TEAM mark in the United States District Court for the Eastern District of Missouri, and also in anti-counterfeiting litigation concerning other NBA marks brought in the United States District Court for the District of Columbia against purveyors of counterfeit NBA merchandise in connection with an NBA All-Star game.
Newsgathering Issues Tied to Undercover Documentary Filmed in Europe and Africa
Advised on news gathering issues in relation to an undercover documentary being filmed in Europe and Africa.
NFL in $17 Billion, 8-Year U.S. Programming Agreements
Representation of the National Football League in its $17 billion, 8-year U.S. network television programming agreements and in its agreements with AOL, SportsLine.com and others for the joint production of the official NFL websites.
NFL in $18 Billion Eight-Year Programming Agreements
The National Football League in negotiating its $18 billion eight-year programming agreements with ABC, CBS and Fox Television, its interactive media rights/online cross-promotion and marketing agreement with AOL, CBS and Sportsline.com, and its international content distribution deal with Yahoo!
NFL in copyright infringement action
Represented the National Football League in a copyright infringement action against a satellite carrier, successfully obtaining statutory damages and a permanent injunction prohibiting satellite retransmission of game telecasts originating in the United States to locations outside the United States.
NFL in Copyright Registration and Combatting Unauthorized Retransmission
Assist the National Football League in registering copyright and combatting the unauthorized retransmission and public performance of NFL game telecasts over the internet.
NFL in the renewal of Motorola's sideline sponsorship
Represented the NFL in the renewal of Motorola’s sideline sponsorship with the NFL for coaches’ headsets and other wireless equipment. Covington helped the NFL define the rules—and the scope of the covered business category—to ensure a win for both sides.
NHL Digital Rights and Related Transactions with MLB Advanced Media
Represented the NHL in connection with entry into a six-year digital rights partnership under which the NHL licensed to MLB Advanced Media (MLBAM) rights to distribute the NHL’s out-of-market subscription packages, digital and online properties, and related rights, and in connection with negotiations for an equity stake in a to-be-formed tech company that is expected to be created by MLBAM.
NHL in connection with naming rights of Bell Centre in Montreal
Represented the NHL in connection with the Montreal Canadians' securitization of naming rights revenues for Bell Centre in Montreal.
NHL on $5 Billion Canadian Broadcast Rights Deal
Advised the National Hockey League in negotiating its twelve-year, C$5.2 billion agreement with Rogers Communications for national broadcast and multimedia rights to NHL games, including the Stanley Cup Playoffs and the Stanley Cup Final, in Canada.
Nike stadium sponsorship transactions and associated sports apparel merchandizing agreements
Negotiated on behalf of Nike on stadium sponsorship transactions and associated sports apparel merchandizing agreements involving F.C. Internazionale Milano, the Football Union of Russia, and the Cardiff Rugby Football Club.
Numerous amicus briefs on behalf of The ERISA Industry Committee
Filed amicus briefs on behalf of The ERISA Industry Committee in a variety of other groundbreaking cases, including Black & Decker v. Nord, 538 U.S. 822 (2003); Lockheed Corp. v. Spink, 517 U.S. 882 (1996); Patterson v. Shumate, 504 U.S. 753 (1992); Hecker v. Deere & Co., 556 F.3d 575 (7th Cir. 2009); Langbecker v. Electronic Data Sys. Corp., 476 F.3d 299 (5th Cir. 2007); and Montesano v. Xerox Corp., 256 F. 3d 86 (2d Cir. 2001).
Open Mobile Video Coalition to Facilitation and Promotion of Opportunities for 800 Television Stations
Representation of Open Mobile Video Coalition, consisting of some 800 television stations, which seeks to facilitate and promote mobile and portable video opportunities for broadcasters, equipment manufacturers and content suppliers.
Outbound IP Litigation
Representing Samsung Electronics in an IP litigation against Enterprise Systems Technologies and succeeded in persuading the Texas district court judge to stay the entire district court case.
Outbound Investment
Advising Lenovo in securing approval from the Committee on Foreign Investment in the United States on its U.S. $2.3 billion acquisition of IBM's server business.
Outbound patent litigation
Defending a Korean memory chip maker in its suit involving seven patents relating to semiconductor manufacturing processes. As a result of our aggressive and strategic approach, the case settled well prior to trial on very favorable terms to our client.
Outside Counsel to Independent Producer of Chinese Reality Television Shows
Chief outside counsel to a leading independent producer of Chinese reality television shows, including "Pepsi’s Battle of the Bands" and the "Miss Universe China Reignwood Pageant."
Outbound mergers and acquisitions
Representing a very large Korea multinational company in its acquisition of an IT company located in North America.
PBS in False Advertising Claims Matters
Representation of Public Broadcasting Service (PBS) in a trial of false advertising claims brought by PBS challenging a video marketer’s use of the phrase “public television presents” in the Eastern District of Virginia.
PBS in Negotiations and Administrative Proceedings
Advise Public Broadcasting Service in negotiations and administrative proceedings relating to the distribution of statutory copyright royalties by the United States Copyright Office.
PBS in Proceedings Before FCC, U.S. Copyright Office, and Other Policy Settings
Representation of the Public Broadcasting Service (PBS) in proceedings before the FCC, U.S. Copyright Office and other policy settings, including with respect to the role and distribution of educational and other noncommercial media across the broadcast, online, mobile and other IP-based platforms.
PBS in Two Trademark-Related Matters
Representation of Public Broadcasting Services (PBS) in trademark litigation to recover the PBS.COM domain name in the United States District Court for the Eastern District of Virginia; and in an opposition proceeding before the U.S. Trademark Trial and Appeal Board, claiming that applicant's mark BE MORE RESPONSIBLE is likely to cause confusion with PBS's BE MORE mark.
Pearl Mobile DTV in Project to Provide Mobile Digital Television Services in U.S.
Pearl Mobile DTV in establishing a nine-company venture to provide Mobile Digital Television services in the United States. Covington attorneys led the negotiations leading to the creation of the Pearl Mobile DTV venture, the negotiation of content license agreements, and public policy efforts before Congress and at the White House and the FCC.
Political Advertising Issues for Multiple Clients
Advised on the full-range of political advertising issues, with clients ranging from candidates to political parties, to broadcast stations.
Media Privacy Class Actions
Represented numerous media companies in class actions alleging improper collection and/or disclosure of user information.
Privacy, Libel, and Related Liability Issues
Advised on privacy, libel and related liability issues relating to user-generated content.
Private Equity Firms and Other Financial Investors in Broadcast Interests
Representation of private equity firms and other financial investors in connection with their broadcast media interests.
Production Counsel for Keanu Reeves’s Directorial Debut, "Man of Tai Chi"
Production counsel for Keanu Reeves’s directorial debut, "Man of Tai Chi," a co-production involving Village Roadshow Entertainment Group Asia and China Film Group, which was picked up for release by Universal.
Production Counsel for “The Karate Kid,” “Let the Bullets Fly,” and “The Orphan of Zhao”
Production counsel for “The Karate Kid” (Columbia Pictures, starring Jaden Smith and Jackie Chan), box office hit “Let the Bullets Fly” (actor-director Jiang Wen), and leading Chinese filmmaker Chen Kaige’s “The Orphan of Zhao.”
Qualcomm in Acquisitions and Investments with Omnia
Qualcomm in acquisitions and investments including its joint venture with Omnia, a subsidiary of Saudi Oger, to create a UK-based company to deploy CDMA-based technology; its acquisition of UK-based Elata (Holdings) Limited, which provides content delivery and device management software systems; and its acquisition of Trigenix Limited, a European mobile content delivery software producer.
Reliance Infocomm Limited in $750 Million Financing
Represented Reliance Infocomm Limited in connection with its $750 million financing from the Export-Import Bank of the United States and Export Development Canada. The financing was provided to assist Reliance Infocomm in building a state of the art telecommunications infrastructure for India -- the largest and most complex information and communications technology initiative in the world. The definitive documents for the facility were entered into in December 2004 and the facility was drawn on in March 2005. The facility was the largest telecom installations loan for any company world-wide in 2004.
Report on Policy Options for Creation of Independent Regulatory Authorities in the EU
Researched and crafted a comprehensive report on the policy options for creation of independent regulatory authorities in the EU.
Public Broadcasting Service
In complex proceedings before the Copyright Arbitration Royalty Panel, to allocate royalties among owners of TV programming rights.
Represent Microsoft in anticompetitive patent complaint against Motorola Mobility
Representation of Microsoft in connection with its complaint regarding the anticompetitive patent licensing practices of Motorola Mobility.
Altice’s $18 Billion Cablevision Acquisition
Representation of Altice N.V. in its $18 billion acquisition of Cablevision Systems Corporation, which will make Altice the 4th largest U.S. cable operator with approximately 4.5 million customers.
Representation of Sony Music Entertainment in IP related claims
Represent Sony Music Entertainment in matter involving contract and intellectual property claims by former music manager regarding 70’s rock act.
Represented a tech firm in FTC investigation of a standard setting organization
Represented technology firm in connection with a FTC investigation of a standard setting organization.
NFL on DirecTV Deal
Representation of the National Football League in connection with its deal to extend DirecTV's exclusive rights to carry NFL Sunday Ticket in a multi-year agreement.
Resolution of copyright infringement matter for international video game publisher
Represented international video game publisher in copyright infringement claims by major record labels and publishing companies regarding licensing of sound recordings and compositions. Successfully resolved all claims without litigation.
Sony BMG Music Entertainment Class Action
Represented Sony BMG Music Entertainment in a class action lawsuit brought by the Allman Brothers Band and Cheap Trick on behalf of all artists whose contracts pre-date the era of digital downloaded music. Sony BMG pays the artists under the applicable royalty rate for album sales at brick-and-mortar record stores, while the artists claim that Sony BMG should be paying a much greater royalty rate for downloaded music.
Reviewed on Behalf of U.S. Interests Defamation and Free Expression Laws Proposed for Iraq
Reviewed on behalf of U.S. interests defamation and free expression laws proposed for Iraq by a coalition of international experts.
Rooster Teeth Productions, Inc. in License Agreement
Rooster Teeth Productions, Inc., a company that produces animated shorts, in connection with a license agreement.
Satellite Provider in Establishing European Services Satellite Trade Association
Assisted a satellite provider in establishing a European services satellite trade association. Subsequent representation of the association enabled us to combine our knowledge of law relating to EU trade associations with our experience in EU legislative advocacy in the telecom industry.
Satellite Provider in Seeking Broader Access to Markets in China, Mexico and Elsewhere
Representation of a satellite provider in seeking broader access to markets in China, Mexico and elsewhere, which allowed us to combine our trade and communications expertise.
Trial Win in Russian Media Corporate Control Dispute
After five-month bench trial, won verdict of nearly $30 million on behalf of New Media Holdings in multinational corporate control dispute over ownership of Ukrainian television network.
Season 15 of CBS/Mark Burnett’s “Survivor”
China counsel for Season 15 of CBS/Mark Burnett’s “Survivor” (which was shot entirely in China).
Settlement in trade secrets case
Achieved a favorable settlement on behalf of a telecommunications client filing a claim against a former employee accused of breaching post-employment restrictive covenants and confidentiality obligations, as well as misappropriating trade secrets.
Sony Network Services' Negotiation of Agreement with Alltel
Sony Network Services in the negotiation of an agreement with Alltel, the U.S. mobile network operator, to provide the "StreamMan" personalized music service to Alltel's cellphone customers.
Sports Leagues on Broadband Issues
Regularly advise the NFL on a range of broadband issues, from net neutrality to online privacy to compulsory copyright, and briefed the NBA on how the media landscape is changing, and how broadband is both a compliment and a threat to existing models.
State-Owned Chinese Media Group
Advised a state-owned Chinese media group with respect to an international co-production project to be produced by a leading Hollywood producer.
Strategy for Members of Industry Federation to Challenge Advertising Ban Imposed by EU Directive
Developed a litigation strategy for several members of an industry federation to challenge an advertising ban imposed by an EU directive for violations of the free speech provisions of Article 10 of the European Human Rights Convention.
Structuring and Guidance on Multi-Faceted Sponsorship Arrangements
Helped structure and advise on multi-faceted sponsorship arrangements between pharmaceutical manufacturers and sports leagues.
Success in federal copyright infringement lawsuit
Successfully defended 20th Century Fox Film Corporation and Chernin Entertainment in a federal copyright infringement lawsuit filed in the Central District of California. After extensive litigation, the case settled, with a complete walkaway and limit on future suits.
Successful Mediation of Multi-Million Dollar Software Errors and Omissions Claims
Representation of a major software company in the successful mediation of multi-million dollar software errors and omissions insurance claims.
Successful representation of Public Television Stations in FCC matter
Represented the Association of Public Television Stations before the D.C. Circuit, in successfully defending an FCC order providing that public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements.
Sweepstakes and Other Commercial Promotions Relating to Advertising
Provided advice on sweepstakes and other commercial promotions.
Telkom SA former South African state telecommunications company
In successfully resisting U.S. enforcement of one of the largest ICC awards in recent years, following an arbitration handled by other counsel. 458 F.3d. 172 (3d Cir. 2006).
TouchTunes Music Corporation in Digital Media Matters
TouchTunes Music Corporation, the largest digital jukebox manufacturer, in connection with general matters.
The Washington Post Company's Sale of Newsweek
The Washington Post Company in connection with its sale of Newsweek.
AI Data Privacy
Advising AI providers on the privacy implications of collecting and using large datasets of consumer data (including text, voice, and biometric information) to develop, train, and improve their AI solutions.
AI Algorithms and Services Cybersecurity
Advising a software company and other high-tech companies on the integrity and security of AI algorithms and services.
Retail Sector Analytics AI
Advising retailers on the design and implementation of data analytics solutions utilizing AI.
AI Technology Trade Controls
Advising a technology client on potential risks for violations of trade control laws and other criminal activity by AI technologies.
Representation of De Persgroep
Acted for De Persgroep as a complaining third party in the Mediahuis merger. The case was unprecedented as it resulted in a 3 to 2 merger in the newspaper sector. The merger was conditionally cleared by the new Belgian competition authority.
Aristocrat Leisure Ltd. Transactions
Covington advised Aristocrat Leisure Ltd. in its $1.3 billion acquisition of Video Games Technology Inc. (VGT) and in its $990 million acquisition of Big Fish Games, Inc. Covington regularly advises Aristocrat on antitrust transactional and other matters.
Conversational Assistants
Represented a client on data privacy and security issues raised in connection with its acquisition of a voice and chat assistant conversational AI company.
Digital Health AI
Advising regulated pharmaceutical and device companies on the use of AI for digital health services.
AI Autonomous Vehicle Insurance Coverage and Litigation
Advising a client in identifying and providing solutions to gaps in coverage relating to AI use and risk, including with respect to AI used for autonomous vehicles.
In re On-Line Travel Company (OTC)/Hotel Booking Antitrust Litig., (multidistrict litigation)
Counsel for Expedia in obtaining dismissal of all claims in MDL litigation.
Government Contracts AI
Provided training to clients on AI and its impact in the government space.
Autonomous Vehicles AI Technology
Advising a tech company on a joint venture for the development of autonomous vehicles AI technology.
E-commerce Competition
Representing a global online service on competition issues raised by the use of AI to better respond to consumers.
Counseling on Potential Tort Claims for AI Technologies
Advising providers of AI technologies in assessing the risk of tort and other legal claims.
Trial Win in Russian Media Corporate Control Dispute
After five-month bench trial, won verdict of nearly $30 million on behalf of New Media Holdings in multinational corporate control dispute over ownership of Ukrainian television network.
Representation of a Russian Media Company in a Disposition
Represented Media-Most, a company founded by Russian businessman Vladimir Gusinski, in the sale of its interests in the NTV broadcasting group to Gazprom.
Turner Broadcasting System, Inc. in CBS Sports and NCAA Matters
Turner Broadcasting System, Inc. in the creation of its joint venture with CBS Sports and the venture’s 14-year television and new media rights agreement with the NCAA to present the Division I Men's Basketball Championship.
Two Major Hollywood Studios on Various Feature Films in China
Advise two of the major Hollywood studios on a number of different feature films in China. Film projects for the majors include both studio films intended for wide international release, as well as local Chinese-language productions. Work for the majors also include advice regarding cooperation agreements, development, copyright and IP infringement, and relationships with talent.
Univision Communications in Communications-Related Regulatory Matters
Representation of Univision Communications in all communications-related regulatory matters. Univision is the nation’s largest integrated Spanish-language media company and the fifth-largest broadcast network in any language, which owns nearly 150 radio and television stations, three national programming networks, internet portals and a suite of mobile communications products.
USA Pavilion at the 2010 Shanghai World Expo
Advice regarding sponsorship and financing negotiations for the proposed USA Pavilion at the 2010 Shanghai World Expo.
USTA in ESPN Broadcast Deal
Advised the United States Tennis Association Incorporated and ESPN, Inc. on an 11-year broadcast deal regarding telecasting the entire US Open exclusively on ESPN networks starting in 2015.
Venture Negotiations and Public Policy Efforts for Pearl Mobile DTV
Represented Pearl Mobile DTV in establishing a nine-company venture to provide Mobile Digital Television services in the United States. Covington led the negotiations leading to the creation of the Pearl Mobile DTV venture, the negotiation of content license agreements, and public policy efforts before Congress and at the White House and the FCC.
Verizon $1.7 billion pension plan error
Obtained a court order for Verizon reforming a $1.7 billion drafting error in a pension plan formula. This was the first court order correcting a scrivener’s error in an ERISA plan.
Verizon Communications’ $7.5 billion annuity purchase
Represented Verizon Communications with respect to its pension plan’s $7.5 billion annuity purchase (one of the largest pension annuitization transactions in US history), and successfully defending Verizon against an attempt by retirees to block the transaction in court.
Verizon pension class action
Defeated an effort by a class of retirees to block Verizon’s purchase of an annuity contract to settle $7.5 billion in pension liabilities.
Village Roadshow Limited (VRL) on Theme Park on Hainan Island
Advised Village Roadshow Limited (VRL) on its destination theme park on Hainan Island, China. The theme park will focus on marine animal attractions, with a similar format to VRL’s Sea World on Australia's Gold Coast, and will also include a Wet ‘n Wild style water park.
Village Roadshow Entertainment Group Asia on Multiple Matters
Wide ranging advice to Village Roadshow Entertainment Group Asia, which has co-produced leading Chinese box office hits such as Stephen Chow’s “Journey to the West.”
Washington National Cathedral in Copyright Matter in the U.S. District Court for the Eastern District of Virginia
Representation of Washington National Cathedral in a copyright action in the United States District Court for the Eastern District of Virginia to enjoin a major movie studio from its unauthorized use of a Cathedral sculpture in a popular feature film.
Wireline Competition Before FCC for Client TDS Telecom
Representation of TDS Telecom on a range of wireline issues before the FCC, including universal service, ETC regulation, intercarrier compensation and CALEA. We represent the world’s largest independent directory assistance providers on a range of issues before the FCC, including retail competition.
Yahoo! in Trademark Infringement Suit in U.S. District Court for the Central District of California
Representation of Yahoo! in a trademark infringement suit in the United States District Court for the Central District of California in which Yahoo! was accused of infringing the mark “Street Buzz” by using the term on its website in connection with web-based video segments.
Smart Home Device Privacy and Security Advice
We assist IoT device manufacturers on privacy issues specific to their products. For example, we advised the manufacturer of a smart in-home assistant device on privacy and security matters involving the collection of voice and other data.
Privacy Counsel
We help clients on all aspects of data privacy, addressing issues such as consent, transparency, privacy-by-design, and international transfers of personal data. Our industry-leading global privacy practice has experts who monitor the latest legislative, regulatory, and policy developments in jurisdictions worldwide.
Privacy Components of IoT Launch
We advise software platform developers on the privacy aspects of launching IoT offerings.
M&A Counsel
We represent Global 100 companies, private equity firms and investment banks as well as venture-backed companies in public and private transactions worldwide. Our lawyers advise investors from the start of diligence through the consummation of investments in IoT portfolio companies, and we combine our corporate negotiating expertise with our deep understanding of regulated industries.
Global Data Privacy and Cybersecurity Agreements
We have negotiated on behalf of technology clients the data ownership, data privacy, and cybersecurity provisions of global agreements with automotive OEMs related to the provision of connected car services.
Connected Buildings Agreement
We represented an industrial technology company in creating IoT agreement related to connected buildings (i.e. “connected building-as-a-service” agreement).
Joint Venture and Licensing Agreement
We advised a technology vendor in negotiating a joint venture agreement and a licensing agreement with an automotive manufacturer to develop components for vehicles which contained the technology vendor's software.
Counsel to Emerging Companies
We represent companies at all stages of development and in all aspects of their business, typically serving as outside general counsel. For early stage companies, we structure the relationships among founders, develop an intellectual property rights strategy, and help secure initial funding. As companies develop and expand, we provide strategic and legal advice, both domestic and international, on governance issues, capital structure, distribution, licensing and other commercial arrangements, venture capital financings, IPOs, and M&A transactions.
Recovery for Data Security Breaches
Our top-ranked insurance practice has successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches.
Global Legislative and Regulatory Counsel
We help clients engage with policymakers developing IoT regulatory frameworks in jurisdictions worldwide. We have assisted clients with IoT products or services in identifying relevant legislative and regulatory developments, drafting and submitting comments on proposals to regulate IoT technologies, and lobbying policymakers on these issues. We monitor developments in jurisdictions across the world.
Geo-Location Counsel
We advise clients on legal requirements related to the collection, use, and disclosure of precise geo-location data, including the appropriate notices, consents (both opt-in choice and methods for withdrawing consent), and contractual provisions.
Autonomous Vehicles Public Policy Counsel
We advise multiple stakeholders in the autonomous vehicle industry on public policy developments in the United States, Europe, and globally that impact this sector.
Emerging IoT Government Contracts Standards
We monitor and advise clients on legislation and regulations that affect IoT-related government contracts. For example, we track legislation that would require the development of contractual IoT security standards for IoT devices purchased from government contractors. We also advise on IoT best practices for government contractors.
IoT Electronics and Big Data
Our antitrust and competition lawyers in the U.S. and Europe assist clients with the novel competition issues that IoT generates. Matters have included advising a global electronics and connected devices player on big data developments in the EU from a competition law perspective.
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.
Smart Game Venues and Equipment
We represented a major sports league in acquisition and utilization of smart technology for game venues and game equipment.
Apparel Company Wearable Technology
We represented an apparel company in connection with its joint venture with a technology company related to the creation and distribution of wearable technology.
Digital Health Solution Regulatory Guidance
We advised a multinational connected-medical devices company on implementing regulatory guidance regarding cybersecurity and products liability issues related to connected devices.
Fintech Regulatory and Transactional Counsel
We advise on a range of fintech matters, including financial services compliance and licensing requirements applicable to new financial technologies, acquisition of financial technology providers, and financial services applications of new technologies.
Export Controls Compliance Advice
We represented vehicle manufacturers in assessing export controls requirements applicable to vehicle engine monitoring and diagnostic tools. We also represented a consumer goods company in evaluating the export controls and economic sanctions requirements applicable to supply-chain sensors used in packaging.
Sanctions and Antiboycott Advice
We regularly advise companies across sectors on complying with U.S. and EU economic sanctions and U.S. antiboycott measures, which can be relevant to a range of international transactions.
Autonomous Vehicles AI Technology
We assist clients developing artificial intelligence technologies for autonomous vehicles. Matters have included advising a tech company on a joint venture for the development of autonomous vehicles AI technology. Separately, we assisted a client with a standard essential patents/essentiality complaint before the EU and national courts in the automotive/wider driverless car sector.
Autonomous Vehicles Law and Regulation
We advise manufacturers, technology companies and other stakeholders with respect to a range of legal issues associated with autonomous vehicles. For example, we advised an automotive bidder on a major government contract for a next-generation vehicle regarding NHTSA innovation-related exemptions and autonomous vehicle guidelines. We also advise a Japanese automotive parts manufacturer on NHTSA and CARB certification rules and autonomous vehicle guidelines.
Insurance Coverage for AI, Autonomous Vehicles, and Other IoT Products
We advise clients on closing insurance gaps associated with new technologies. Matters have included advising a client in identifying and providing solutions to gaps in coverage relating to AI use and risk, including with respect to AI used for autonomous vehicles. We help policyholders recover insurance—both in the U.S. and abroad—for a wide variety of claims, including mass-tort liabilities, property and business interruption losses, marine, and D&O, E&O, and many other types of exposures.
Tribune/Sinclair Transaction
Represented Tribune Media in the merger of Tribune and Sinclair Broadcasting.
CenturyLink’s $2.2 Billion Sale of its Savvis Data Center Business
Represented CenturyLink in securing the CFIUS approval for the $2.2 billion sale of its Savvis data center business to a consortium led by BC Partners.
Advising Internet companies on advertising claims
Advising major Internet companies as to the substantiation required to defend advertising claims made about their products and services.
Technology and IP Transactions
We help clients draft and negotiate commercial contracts that involve IoT technology, and support deals in which parties are buying, selling, or investing in IoT technology.
Sony BMG Music Entertainment in Class Action Lawsuit
Representation of Sony BMG Music Entertainment in a class action lawsuit challenging royalties for downloading music.
XM Satellite Radio Insurance Claim
Advised XM Satellite Radio on an insurance claim arising out of the solar array anomaly in its two Boeing 702 satellites.
Digital Music Antitrust Class Action
Represented Bertelsmann, Inc. in multi-district antitrust class action litigation alleging price-fixing and other violations of antitrust laws with respect to digital music.
Pandora Media, Inc. in its acquisition of Next Big Sound, Inc.
Represented Pandora Media, Inc. in its acquisition of Next Big Sound, Inc.,
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.
Global Compliance Advice for New Products
Advising a large social network and its affiliates on compliance with U.S., EU, and international data privacy laws in relation to its launch of new services and functionality, including geotargeting, facial recognition and targeted advertising together with legislative, regulatory, and policy work.
Facebook Transactions
Representation of Facebook, Inc. in many transactions, including its $22 billion acquisition of WhatsApp, $2 billion acquisition of Oculus, and $1 billion acquisition of Instagram.
March 2021
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 ...
Brexit Task Force
March 2021
Since the beginning of the Brexit process in 2016, Covington’s Brexit Task Force–comprised of over 40 lawyers and former senior diplomats and policymakers, in London, Brussels, Frankfurt, Dublin, and Washington–has advised clients in a wide range of industries on the challenges and opportunities created by this historic event. While the EU-UK negotiations have ...
February 22, 2021, Inside Tech Media
A foundation of intellectual property rights (IPR) is that authors and inventors are entitled to some level of exclusivity over their works in the form of copyrights and patents to incentivize innovation; that’s written into the Constitution. However, various voluntary open innovation practices have emerged, highlighting that developers also can benefit by ...
February 15, 2021, Inside Tech Media
On February 11, 2021, the European Commission launched a public consultation on its initiative to fight child sexual abuse online (the “Initiative”), which aims to impose obligations on online service providers to detect child sexual abuse online and to report it to public authorities. The consultation is part of the data collection activities announced in...… ...
February 12, 2021, Inside Tech Media
The USPTO issued a Report in October 2020 titled Inventing AI: Tracing the diffusion of artificial intelligence with U.S. patents, along with supplementary material that describes the methodology and scope of patent related data used in the Report. Following a first report also issued in October 2020 that pertains to AI and IP policy, Inventing...… Continue ...
February 11, 2021, Inside Tech Media
On 17 December 2020, the media authority of the German federal state of Schleswig-Holstein initiated legal proceedings against Google Ireland Ltd. under Germany’s new Interstate Media Treaty (Medienstaatsvertrag – “MStV”, downloadable here, German only). The authority (Landesmedienanstalt) is investigating whether Google’s treatment of information from a ...
February 8, 2021, Global Policy Watch
The UK is currently ranked third in the Global AI Index (an important Japanese interest in the recent UK-Japan Trade Agreement was the potential to combine UK expertise in this field with Japanese leadership in robotics). The UK Government views Brexit as an opportunity to cement the UK as a global leader in the use...… Continue Reading
February 8, 2021, Inside Privacy
On January 6, 2021, the UK’s AI Council (an independent government advisory body) published its AI Roadmap (“Roadmap”). In addition to calling for a Public Interest Data Bill to ‘protect against automation and collective harms’, the Roadmap acknowledges the need to counteract public suspicion of AI and makes 16 recommendations, based on three main pillars,...… ...
February 8, 2021, Inside Tech Media
On January 6, 2021, the UK’s AI Council (an independent government advisory body) published its AI Roadmap (“Roadmap”). In addition to calling for a Public Interest Data Bill to ‘protect against automation and collective harms’, the Roadmap acknowledges the need to counteract public suspicion of AI and makes 16 recommendations, based on three main pillars,...… ...
February 4, 2021, Inside Tech Media
On December 30, 2020, the Federal Communications Commission (“FCC”) released a Report and Order (“Order”) that imposed certain new restrictions on nonmarketing prerecorded calls to residential lines. The action was in response to Congress’s mandate in the TRACED Act that the FCC reevaluate certain exemptions the agency previously granted regarding the consent ...
January 28, 2021, Global Policy Watch
Can African governments head off a sustained spike in the spread of COVID-19 and recover economically in 2021? How will the Biden administration engage the continent? Will companies implement more effective due diligence efforts in their supply chains to prevent human rights abuses? What impact will efforts to battle corruption and mitigate climate change ...
January 28, 2021, Cov Africa
Can African governments head off a sustained spike in the spread of COVID-19 and recover economically in 2021? How will the Biden administration engage the continent? Will companies implement more effective due diligence efforts in their supply chains to prevent human rights abuses? What impact will efforts to battle corruption and mitigate climate change ...
January 27, 2021, Inside Privacy
On January 12, 2020, the Spanish Supervisory Authority (“AEPD”) issued guidance on how to audit personal data processing activities that involve Artificial Intelligence (“AI”) (available here, in Spanish). The AEPD’s guidance is directed at data controllers and processors, as well as AI developers, data protection officers (“DPO”), and auditors. The guidance ...
January 25, 2021, Inside Privacy
On December 23, 2020, the European Commission (the “Commission”) published its inception impact assessment (“Inception Impact Assessment”) of policy options for establishing a European Health Data Space (“EHDS”). The Inception Impact Assessment is open for consultation until February 3, 2021, encouraging “citizens and stakeholders” to “provide views on the ...
January 25, 2021, Inside Tech Media
On December 23, 2020, the European Commission (the “Commission”) published its inception impact assessment (“Inception Impact Assessment”) of policy options for establishing a European Health Data Space (“EHDS”). The Inception Impact Assessment is open for consultation until February 3, 2021, encouraging “citizens and stakeholders” to “provide views on the ...
January 21, 2021, Inside Tech Media
On 18 January 2021, the UK Parliamentary Office of Science and Technology (“POST”)* published its AI and Healthcare Research Briefing about the use of artificial intelligence (“AI”) in the UK healthcare system (the “Briefing”). The Briefing considers the potential impacts of AI on the cost and quality of healthcare, and the challenges posed by the...… Continue ...
January 15, 2021, Inside Tech Media
On December 16, 2020, the German Federal Government passed a draft law that substantially amends some of Germany’s information technology laws (“IT laws”). These amendments aim to adapt the current legal framework to the increasing digitalization of products and services, the proliferation of IoT products, and the appearance of new cybersecurity threats. The ...
January 14, 2021, Global Policy Watch
On 17 December 2020, the Council of Europe’s* Ad hoc Committee on Artificial Intelligence (CAHAI) published a Feasibility Study (the “Study”) on Artificial Intelligence (AI) legal standards. The Study examines the feasibility and potential elements of a legal framework for the development and deployment of AI, based on the Council of Europe’s human rights ...
January 13, 2021, Inside Tech Media
The Federal Communications Commission (“FCC”) is seeking comment on a Notice of Proposed Rulemaking (“NPRM”) that would modify certain aspects of the FCC’s device authorization rules. Specifically, the FCC is seeking comment on a proposed revision to its device authorization rules to allow the importation of limited quantities of radiofrequency (“RF”) devices ...
The Council of Europe Publishes Feasibility Study on Developing a Legal Instrument for Ethical AI
January 13, 2021, Inside Privacy
On 17 December 2020, the Council of Europe’s* Ad hoc Committee on Artificial Intelligence (CAHAI) published a Feasibility Study (the “Study”) on Artificial Intelligence (AI) legal standards. The Study examines the feasibility and potential elements of a legal framework for the development and deployment of AI, based on the Council of Europe’s human rights ...
Prince Harry and Meghan Markle Strike Gold In Hollywood
December 19, 2020, The Daily Beast
Adrian Perry is quoted in The Daily Beast regarding Prince Harry and Meghan Markle’s deals with Spotify and Netflix. Mr. Perry says, “I can’t speak to the question of Meghan and Harry specifically. But for content producers that are newer to the entertainment world, and relatively unproven in the space, having that one hit show or movie will go a long way in ...
December 9, 2020
NEW YORK / WASHINGTON—Variety has named Stuart Irvin and Adrian Perry to its 2020 Dealmakers Impact Report, recognizing "top negotiators that have kept Hollywood humming." Mr. Irvin is the founder of Covington’s video games and esports practice and works in the firm’s Washington, D.C. office. He is an international leader in the field of esports and advises game ...
The Hollywood Reporter Names Adrian Perry Among New York’s Top 20 Entertainment Lawyers
December 9, 2020
NEW YORK—The Hollywood Reporter has named Adrian Perry to its New York Power Lawyers 2020 list, a recognition spotlighting New York’s top 20 entertainment lawyers. Mr. Perry is a partner in Covington’s New York office and serves as co-chair of the firm’s Music Industry practice group. Representing sports leagues and teams, record companies, television ...
December 7, 2020, Inside Privacy
On Friday, December 4, 2020, President Trump signed the bipartisan Internet of Things (“IoT”) Cybersecurity Improvement Act of 2020 into law. The IoT Cybersecurity Improvement Act empowers the National Institute of Standards and Technology (“NIST”) to create cybersecurity standards for internet-connected devices purchased and used by federal agencies. For more ...
November 25, 2020, Inside Privacy
The bipartisan Internet of Things (“IoT”) Cybersecurity Improvement Act of 2020 (S. 734, H.R. 1668) has passed the House and the Senate and is headed to the President’s desk for signature. The bill was sponsored in the House by Representatives Hurd (R-TX) and Kelly (D-IL), and in the Senate by Senators Warner (D-VA) and Gardner...… Continue Reading
October 22, 2020, Global Policy Watch
On October 6, 2020, the U.S. Patent and Trademark Office (USPTO) published a report titled Public Views on Artificial Intelligence and Intellectual Property Policy. The report summarizes the nearly 200 comments received in response to patent-related questions regarding AI set forth in a request for comments (RFC) issued by the USPTO in August 2019 and...… ...
October 21, 2020, Inside Privacy
On October 9, 2020, the French Supervisory Authority (“CNIL”) issued guidance on the use of facial recognition technology for identity checks at airports (available here, in French). The CNIL indicates that it has issued this guidance in response to a request from several operators and service providers of airports in France who are planning to...… Continue ...
October 6, 2020, Inside Privacy
In this edition of our regular roundup on legislative initiatives related to artificial intelligence (AI), cybersecurity, the Internet of Things (IoT), and connected and autonomous vehicles (CAVs), we focus on key developments in the European Union (EU). There has been some policy activity in the U.S. this quarter, including the re-introduction of the SELF-DRIVE ...
September 2, 2020, Inside Privacy
What guidance has the FTC recently provided on the use of AI and algorithms? Our colleagues, former FTC Commissioner, Terrell McSweeny, and AI Initiative Co-Chair, Lee Tiedrich, explain in The Journal of Robotics, Artificial Intelligence and Law.… Continue Reading
August 20, 2020, Inside Privacy
In a new post on the Covington Inside Tech Media Blog, our colleagues discuss the National Institute of Standards and Technology’s draft of the Four Principles of Explainable Artificial Intelligence (NISTIR 8312), which seeks to define the principles that capture the fundamental properties of explainable AI systems. Comments on the draft will be accepted ...
August 17, 2020, Inside Privacy
On July 30, 2020, the UK Information Commissioner’s Office (“ICO”) published its final guidance on Artificial Intelligence (the “Guidance”). The Guidance sets out a framework for auditing AI systems for compliance with data protection obligations under the GDPR and the UK Data Protection Act 2018. The Guidance builds on the ICO’s earlier commitment to ...
July 29, 2020
NEW YORK—Billboard has named Adrian Perry and Jonathan Sperling among its “2020 Top Music Lawyers.” This annual list recognizes the music industry’s leading lawyers in fields that include talent representation, music publishing, streaming, and litigation. Mr. Sperling, a trial lawyer with twenty-five years of experience, co-chairs the firm’s Music Industry ...
July 22, 2020, Inside Privacy
On July 17, 2020, the High-Level Expert Group on Artificial Intelligence set up by the European Commission (“AI HLEG”) published The Assessment List for Trustworthy Artificial Intelligence (“Assessment List”). The purpose of the Assessment List is to help companies identify the risks of AI systems they develop, deploy or procure, and implement appropriate ...
July 17, 2020, Global Policy Watch
On 16 July 2020, the European Commission (“Commission”) announced that it has launched an antitrust sector inquiry into “consumer-related products and services that are connected to a network and can be controlled at a distance, for example via a voice assistant or mobile device.” Commission Executive Vice President and Competition Commissioner Vestager said ...
July 14, 2020
LOS ANGELES—Variety has named Covington partners Matthew DelNero, Mitch Kamin, Robyn Polashuk, and Neema Sahni to its 2020 Legal Impact Report. Variety notes that “these legal eagles made massive deals and litigated thorny disputes for entertainment industry clients, studios and networks.” In its feature, Variety notes Covington as a “go-to for TV programmers,” ...
June 30, 2020, Börsen-Zeitung
June 25, 2020, Inside Privacy
On June 24, 2020, the European Commission (“Commission”) published its much-anticipated assessment of the EU’s General Data Protection Regulation (“GDPR”) two years after it went into effect. The assessment takes into account contributions from the European Council, the European Parliament, the European Data Protection Board (“EDPB”), individual supervisory ...
June 3, 2020, Inside Privacy
Reflecting the heightened interest in 5G and related cybersecurity concerns, the National Telecommunications and Information Administration (NTIA) has requested public comment on the implementation of its National Strategy to Secure 5G. Stakeholders with interests in telecommunications infrastructure and security—and any parties interested in 5G ...
June 2, 2020, Inside Privacy
In a new post on the Covington Inside Tech Media Blog, our colleagues discuss how the pandemic is driving connected and automated vehicle (CAV) initiatives at the federal and state levels. At the federal level, NHTSA and Congress have recently expressed support for utilizing CAV technology to address pandemic-related challenges. In California, a privacy ...
April 28, 2020, Global Policy Watch
Lee Tiedrich, B.J. Altvater, and James Yoon recently published an article summarizing recent developments in artificial intelligence law and policy on the University of Pennsylvania Law School’s Regulatory Review. The article primarily focuses on developments in the United States, including the National Artificial Intelligence Initiative Act introduced by ...
April 20, 2020, Inside Privacy
On April 6, 2020, Tapplock, Inc., a Canadian maker of internet-connected smart locks, entered into a settlement with the Federal Trade Commission (“FTC”) to resolve allegations that the company deceived consumers by falsely claiming that it had implemented reasonable steps to secure user data and that its locks were “unbreakable.” The FTC alleged that these...… ...
April 3, 2020, Global Policy Watch
The rapid spread of COVID-19, along with the effectiveness of existing public health response plans and the impacts of social distancing on the economy, have raised the question of how new technology can be used to address and manage the pandemic. On April 1, 2020, the Stanford Institute for Human-Centered Artificial Intelligence hosted “COVID-19 and...… ...
March 27, 2020
LOS ANGELES—The Hollywood Reporter has named Mitch Kamin to its “Power Lawyers 2020,” a list of the top 100 lawyers in Hollywood. Each year, THR's editors extensively research the attorneys who are negotiating the industry's biggest deals and navigating its most impactful litigation to select 100 individuals for the Power Lawyers list. Mr. Kamin is a trial ...
March 12, 2020, Bloomberg
René Siemens spoke with Bloomberg about the increase in concert cancellations due to the coronavirus outbreak. He says artists, promoters and ticket sellers are still assessing the economic costs, including events that have only been postponed, and that cancellations have never happened on this scale before.
March 9, 2020, Inside Privacy
In this final instalment of our series of blogs on the European Commission’s plans for AI and data, announced on 19 February 2020, we discuss some potential effects on companies in the digital health sector. As discussed in our previous blog posts (here, here and here), the papers published by the European Commission cover broad...… Continue Reading
February 28, 2020, Inside Privacy
On 19 February 2020, the new European Commission published two Communications relating to its five-year digital strategy: one on shaping Europe’s digital future, and one on its European strategy for data (the Commission also published a white paper proposing its strategy on AI; see our previous blogs here and here). In both Communications, the Commission...… ...
February 25, 2020
WASHINGTON—Covington represented Univision Holdings, Inc. in its definitive agreement to sell a majority ownership interest to private investment firms Searchlight Capital Partners, LP and ForgeLight LLC. Under the terms of the acquisition, Searchlight and ForgeLight will purchase a 64 percent interest from Univision stockholders while Televisa, a leading media ...
February 3, 2020, Inside Privacy
Germany recently enacted a law that enables state health insurance schemes to reimburse costs related to the use of digital health applications (“health apps”), but the law requires the Federal Ministry of Health to first develop the reimbursement process for such apps. Accordingly, on January 15, 2020, the German government published a draft regulation ...
Covington Named a Law360 "Firm of the Year"
January 13, 2020
WASHINGTON—Law360 has named Covington one of its 2019 “Firms of the Year” for the second consecutive year based on the firm having received six Practice Group of the Year awards. The Covington practices named 2019 Practice Groups of the Year are: Competition/Antitrust Government Contracts International Arbitration Life Sciences Media & ...
December 13, 2019
Variety has named Robyn Polashuk to its 2019 Dealmakers Impact Report, recognizing people behind the biggest pacts in the world of showbiz. Ms. Polashuk co-chairs the firm's Communications and Media Industry Group, which provides the highest level of legal and strategic advice to telecommunications, media, and technology companies around the world. Her ...
November 26, 2019, Cov Africa
Shift to a services era While Africa’s trajectory remains full of daunting challenges, there is reason to be optimistic. Ratification of the Continental Free Trade Agreement demonstrates critical collaboration between African leaders, and promises to unlock the region’s potential. Equally important, growing investments in broadband ensure that affordable access ...
October 27, 2019
NEW YORK—Covington represented Central European Media Enterprises Ltd. in its definitive agreement to be acquired by an affiliate of PPF Group N.V. in a cash transaction valued at approximately $2.1 billion. Under the terms of the agreement, holders of all of CME’s issued and outstanding Class A common shares will receive $4.58 per share. This valuation ...
October 9, 2019, Global Policy Watch
On September 26, 2019, the FDA issued two revised guidance documents addressing its evolving approach to the regulation of digital health technologies. These guidances primarily describe when digital health solutions will or will not be actively regulated by FDA as a medical device. In parallel, FDA also updated four previously final guidance documents to ...
September 11, 2019, Legaltech News
Lindsey Tonsager is quoted in Legaltech News regarding Google’s settlement with the FTC involving violations of the Children's Online Privacy Protection Act. Ms. Tonsager says, “This is the first FTC settlement that dealt with behavioral advertisements against a platform that just hosts third-party content.” She noted FTC Commissioner Rebecca Kelly Slaughter’s ...
Jonathan Sperling Named "Top Music Lawyer" by Billboard
August 26, 2019
NEW YORK—For the second consecutive year, Billboard has named Jonathan Sperling to its annual "Top Music Lawyers" list. This annual list recognizes lawyers who are "on the front lines of the music industry's legal battles and deals." Recognized in the "Negotiation & Litigation" category, Billboard highlights Sperling's representation of over 50 record labels and ...
Keeping Up with the Tech: Behind the FTC's COPPA Review
July 25, 2019, Legaltech News
Lindsey Tonsager spoke with Legaltech News about the FTC’s public request for comment on the Children’s Online Privacy Protection Act (COPPA). Ms. Tonsager said, “Regardless of whether the FTC is looking at the rule or not, I think the common best practice is to collect only the information that you need. The data minimization helps regardless if the regulator ...
July 17, 2019, Global Policy Watch
Earlier this year, the White House issued an Executive Order on AI mandating that the National Institute of Standards and Technology develop a guide to federal engagement on AI technical standards. While the federal government’s actions have understandably garnered significant attention, state and local governments are also undertaking preliminary efforts to ...
July 8, 2019, Cov Africa
Over the past four decades, three key barriers prevented most Africans from benefitting from the technology innovations and services that have changed the world. First, a failure of leadership led to mismanagement and theft of billions of dollars that should have built the healthcare, education, and other infrastructure and services critical to development. ...
Covington Represents Alion Science and Technology in $225 Million Sale of its Naval Systems Business Unit
May 23, 2019
WASHINGTON—Covington is representing Alion Science and Technology Corporation in a recently announced deal to sell its Naval Systems Business Unit to Serco Inc. for $225 million. The sale, subject to certain regulatory approvals, is expected to close in the second half of 2019. Headquartered in McLean, VA, Alion delivers advanced engineering, IT and, operational ...
May 22, 2019, BBC
Timothy Stratford spoke with the BBC about China’s response to the U.S.’ decision to add Huawei to its “entry list.” Mr. Stratford says, "Particularly in the wake of the decision to put Huawei on the... entity list, there are concerns that the government of China may decide to retaliate against American companies. These are real concerns, and they increase the ...
Going Over the Top
April 9, 2019, Global Data Review
Trisha Anderson spoke with the Global Data Review about the U.S.’s encryption law and its role electronic communication. According to Ms. Anderson, authorities in the U.S. have only general legal tools to seek access to encrypted data. Some traditional U.S. investigative tools, issued through courts and codified in law enforcement procedures, contain general ...
2019, American Bar Association
Our cross-disciplinary Internet of Things initiative contributed to the ABA's first book on IoT, The Internet of Things: Legal Issues, Policy, & Practical Strategies. Laura Kim and Jennifer Johnson authored the chapter “U.S. Regulatory Framework for IoT,” with contributions from Sarah Wilson (product safety); Wade Ackerman, Elizabeth Guo, Christopher Hanson, ...
March 20, 2019, Global Policy Watch
Artificial intelligence is your new insurance claims agent. For years, insurance companies have used “InsurTech” AI to underwrite risk. But until recently, the use of AI in claims handling was only theoretical. No longer. The advent of AI claims handling creates new risks for policyholders, but it also creates new opportunities for resourceful policyholders to ...
March 13, 2019, Global Policy Watch
On March 11, 2019, a bipartisan group of lawmakers including Sen. Mark Warner and Sen. Cory Gardner introduced the Internet of Things (IoT) Cybersecurity Improvement Act of 2019. The Act seeks “[t]o leverage Federal Government procurement power to encourage increased cybersecurity for Internet of Things devices.” In other words, this bill aims to shore up...… ...
March 11, 2019, Global Policy Watch
Since the Federal Communications Commission (“FCC”) repealed the 2015 net neutrality rules last year, federal and state lawmakers have debated how to address the issue of net neutrality going forward. We previously have discussed some of the state net neutrality laws that were enacted, including California’s law, which currently is on hold pending the ...
February 22, 2019, Global Policy Watch
Last week, the Commerce Department officially named the 25 individuals appointed to the American Workforce Policy Advisory Board. This announcement is the latest in a series of steps that the Trump Administration has taken to implement its workforce policy agenda. With the Advisory Board set to begin work, it is a good time to assess...… Continue Reading
February 21, 2019
WASHINGTON—Covington advised the Chicago Cubs and Northside Entertainment Holdings, LLC in the formation of a joint venture with Sinclair Broadcast Group that will own and operate Marquee Sports Network, a regional sports network based in Chicago. Marquee Sports Network will be the exclusive network of the Chicago Cubs beginning with the 2020 Major League ...
Covington adds to M&A tech practice
February 15, 2019, Global Data Review
Denny Kwon and Tom DeFilipps spoke with Global Data Review on Mr. Kwon’s move to Covington. Mr. Kwon told GDR that for him, Covington was a natural fit in light of the increased prominence of regulatory issues in M&A transactions and the firm’s “incredibly broad” array of practices. He said that data usage and privacy issues are becoming increasingly ...
February 14, 2019, Global Policy Watch
On February 12, 2019 the Department of Defense released a summary and supplementary fact sheet of its artificial intelligence strategy (“AI Strategy”). The AI Strategy has been a couple of years in the making as the Trump administration has scrutinized the relative investments and advancements in artificial intelligence by the United States, its allies and...… ...
Covington Snags Ex-Wilson Sonsini Tech M&A Pro In Calif.
February 13, 2019, Law360
Denny Kwon and Tom DeFilipps spoke with Law360 about Mr. Kwon’s move to Covington. Mr. DeFilipps says, “Denny will greatly enhance our Northern California corporate offering and our ability to further develop M&A and broader corporate relationships with West Coast-based technology and life sciences clients.” Mr. Kwon told Law360 that his favorite part of ...
February 6, 2019, Cov Africa
Africa’s Growth Prospects. Africa’s gross domestic product (GDP) is expected to grow at 3.8 percent in 2019, which is a significant improvement over last year’s regional growth rate of 2.6 percent. Excluding the continent’s largest economies (Angola, Nigeria and South Africa), which are growing collectively at an average of 2.5 percent, the aggregate growth ...
December 3, 2018, Global Policy Watch
Congress is working to better understand the growing Internet of Things (“IoT”) industry—and soon may be asking industry stakeholders for input. On Wednesday, November 28, the U.S. House of Representatives unanimously passed legislation designed to provide Congress with greater insights into the inner workings of the IoT industry and to promote collaboration ...
October 2018, Privacy Laws & Business International Report
Former FBI official joins Covington
September 7, 2018, Global Investigations Review
Trisha Anderson and James Garland are quoted in Global Investigations Review regarding Ms. Anderson rejoining the firm. Mr. Garland believes Ms. Anderson will be a valuable asset to helping navigate the U.S. Cloud Act. He says, “Trisha has that ability to spot the pain points for both the clients and the government and help figure out a way forward. Sometimes ...
August 30, 2018, Global Policy Watch
On Friday August 24, the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) published a proposed rule in the Federal Register: The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (“Proposed Rule”). 83 Fed. Reg. 42817. The long-anticipated rulemaking ...
August 13, 2018, Global Policy Watch
On July 20, 2018, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) published comments it received from a wide array of tech and telecom companies, trade groups, civil society, academia, and others regarding its “international Internet policy priorities for 2018 and beyond.” NTIA’s Office of International ...
IoT Update: The European Electronic Communications Code – Developing the Future of IoT in the EU
August 10, 2018, Global Policy Watch
The European Commission estimates that the global market for the Internet of Things (“IoT”) will grow to 75.4 billion devices by 2023. It also estimates that the economic value of spectrum enabled services is at present worth €500 billion per year. This is expected to increase by 200% – up to €1 trillion a year...… Continue Reading
July 30, 2018, Covington Alert
On May 24, 2018, China filled the top positions at the State Bureau of Film (Film Bureau) and State Administration of Press and Publication (SAPP). Both appointments fill vacancies created by the dismantling of the State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) and continue apparent Communist Party of China (CPC) efforts to ...
GC Cheat Sheet: The Hottest Corporate News Of The Week
July 6, 2018, Law360
Lee Tiedrich's comments from the U.S.-China AI Tech Summit are highlighted in this Law360 article providing a roundup of the top corporate news stories from the past week. According to Tiedrich, there’s a recognition that the new technology brings new legal challenges.
July 2, 2018, The Recorder
Lee Tiedrich recently spoke at the U.S.-China AI Tech Summit and is quoted by The Recorder in an article examining the pros and cons of introducing AI into the judicial process. According to Tiedrich, AI in the justice system also implicates questions of transparency and intellectual property. In cases where it’s alleged that AI perpetuates hiring discrimination ...
July 2, 2018, Law360
Lee Tiedrich recently spoke at the U.S.-China AI Tech Summit to discuss "AI in the Law" and is quoted in a Law360 article. According to Tiedrich, there is a recognition that the new technology brings new legal challenges. “One issue that’s been getting a lot of attention in the United States is whether and to what extent AI applications need to provide ...
June 14, 2018, Cov Africa
As a startup founder, there are a number of issues vying for your attention on a daily basis, most of which are essential to the success of your business. Issues such as differentiating your product from competitors, developing stellar code, creating effective advertising, hiring the right staff and of course securing enough capital to fund...… Continue Reading
May 10, 2018, Global Policy Watch
As policymakers weigh the many policy implications associated with the Internet of Things (“IoT”), U.S. lawmakers have put forward a variety of proposals for studying—and regulating—IoT devices. Although the likelihood of current proposals becoming law this term remain uncertain at best, existing legislative proposals provide important context and insight into ...
May 9, 2018
LOS ANGELES—Covington partners Carolyn Kubota, Robyn Polashuk, and Sonya Winner have been named to the Daily Journal’s 2018 “Top 100 Women Lawyers” list, recognizing the “top women lawyers in California.” Based in the firm’s Los Angeles office, Ms. Kubota is a member of the American College of Trial Lawyers and has served as lead counsel on high-profile ...
April 18, 2018, Global Policy Watch
Today, 34 global technology and security companies announced that they have signed a Cybersecurity Tech Accord, which publicly commits them “to protect and empower civilians online and to improve the security, stability and resilience of cyberspace.” The signatories include Cisco, Dell, Facebook, HP, Intuit, and Microsoft.The text of the Accord references ...
April 12, 2018, The Recorder
The Recorder highlights the arrival of Suzanne Bell to Covington's Technology Transactions practice. Bell says she was attracted to the firm's strong regulatory practice given the increased intersection between the technology sector and government regulations. Bell adds that she is looking forward to using her experience in technology transactions to assist ...
The Technology Bank
March 26, 2018, Cov Africa
Artificial intelligence and big data are some of the new technologies dominating discourse in 2018. These technologies are expected to change the way that we travel, learn, and transact. However, this forecast is less clear for the least developed countries (LDCs). According to a United Nations study, science and technology and resource and development ...
March 26, 2018, CIOReview
GDPR drives global privacy compliance now, but still unclear whether it will become de facto global standard, experts say
March 23, 2018, MLex
Lindsey Tonsager recently spoke at the BCLT Privacy Law Forum in Silicon Valley is quoted in an mLex article discussing whether GDPR will automatically become a global privacy standard. Tonsager said that working with companies that depend on AI technology to become compliant with the GDPR “is incredibly, incredibly challenging." Commenting on modifications to ...
March 20, 2018
WASHINGTON—DCA Live has named Covington’s Adam Studner to its “2018 Rising Stars of Law 40 Under 40” list. Mr. Studner’s practice focuses on white collar criminal matters, internal corporate investigations, and compliance counseling. He regularly represents clients in Foreign Corrupt Practices Act and corruption-related internal investigations and risk ...
March 15, 2018
WASHINGTON—Covington secured a U.S. Presidential order compelling Broadcom Limited to “immediately and permanently abandon” its proposed hostile takeover of its client Qualcomm, Inc. The order was based on findings by the Committee on Foreign Investment in the United States (CFIUS) that Broadcom's takeover "threatens to impair the national security of the United ...
March 5, 2018
BEIJING—China Business Law Journal has recognized Covington as one of the top international law firms in the Entertainment & Sports category. Covington’s Entertainment and Media practice in China has advised nearly every major Hollywood studio and many of the leading independents on their China activities and has been involved in some of the most significant ...
February 27, 2018, Cov Africa
Covington’s Africa Practice is looking forward to being a sponsor of the first-ever Africa House at South By Southwest (SXSW) this year. Launched in 1987, with a mission to foster discussion and collaboration in the music and art scene, SXSW has morphed into the ultimate gathering place for creatives, innovators, and technologists. Held in Austin,...… Continue ...
Covington Successfully Represents Discovery Communications In DOJ Investigation Into Its Acquisition of Scripps Networks
February 27, 2018
WASHINGTON—Covington successfully represented Discovery Communications, Inc. in a U.S. Department of Justice investigation into Discovery’s acquisition of Scripps Networks Interactive. Discovery announced earlier today that the DOJ closed its investigation into the transaction. Discovery announced in July 2017 that it had reached a definitive agreement to ...
January 29, 2018
LOS ANGELES—Multichannel News has named Covington partner Robyn Polashuk to its 2018 class of “Women to Watch.” Ms. Polashuk is the only outside counsel named to the list. “This year’s group of Women to Watch is pushing the boundaries in both personal and professional achievements,” said Mark Robichaux, Editorial Director of Multichannel News. The award ...
#MCNWW 2018: Women to Watch
January 29, 2018, Multichannel News
Robyn Polashuk was named to Multichannel News' 2018 class of “Women to Watch.” Commenting on what she likes most about her job, Polashuk says, "I love the diversity of the clients and projects, and the interesting new issues I am asked to address nearly every day in our evolving industry." In her profile, Polashuk also stresses the importance of growing ...
January 24, 2018, Covington Alert
Digital advertising typically involves a vast network of publishers, advertisers and their agencies, advertising exchanges and networks, technology platforms, and measurement and data analytics providers. To help streamline the commercial dealings of all of these parties in this complex ecosystem, advertising industry self-regulatory groups have developed ...
Feds to Ramp Up Online Purchasing Presence
January 22, 2018, E-Commerce Times
Susan Cassidy is quoted in an E-Commerce Times article regarding efforts to create an online marketplace for government purchasers. "One model that was discussed would require a portal provider to contract with GSA to provide an online interface. Under this approach, suppliers would then sign up to use the portal, potentially via a contract with the portal ...
Cybersecurity & Privacy Predictions For 2018
January 1, 2018, Law360
Kurt Wimmer and John Buchanan are quoted in a Law360 article providing cybersecurity and privacy predictions for 2018. Wimmer says, once Europe's General Data Protection Regulation (GDPR) is in force, non-EU countries around the world will begin looking at privacy regimes based on the 1995 Directive [which the GDPR will replace] and think about whether they ...
What Is a Robot (Under EU Law)?
January 2018, The Journal of Robotics, Artificial Intelligence & Law
June 2018, Technology & Innovation
December 26, 2017
SILICON VALLEY—The Financial Times has recognized Covington among the most innovative firms in 2017 in the category of "Enabling Business Growth," for advising "Tencent in its acquisition of a $8.6bn majority stake in Supercell, the Finnish gaming company, while maintaining Supercell’s creative culture and retaining its employees by introducing incentive ...
ESPN Ruling Further Narrows Video Privacy Law's Reach
December 4, 2017, Law360
Kurt Wimmer is quoted in a Law360 article regarding the Ninth Circuit’s ruling in a case involving the disclosure of user app data to a third-party. "The court recognized that the concept of being publicly identified has limits, despite technological evolution," says Wimmer. "By reducing ambiguity around what qualifies as PII, this decision permits content and ...
Privacy, Cybersecurity, and Policy: Issues associated with collecting vast amounts of data and developing AI platforms
November 28, 2017, IoT Data & AI Summit
Covington's Net Neutrality and Zero-Rating Webinar
November 20, 2017, Webinar
November 10, 2017
BRUSSELS—Politico has named Covington partner Miranda Cole to its “2017 Women Who Shape Brussels” list, a group of “20 powerhouses driving debates and influencing policy in 2017.” In its profile of Ms. Cole, the publication highlights her defense of leading technology clients, including Microsoft, Facebook, and Verizon, before the European Commission. Politico ...
Court Orders Glassdoor to Reveal Reviewers' Identities
November 10, 2017, HR Magazine
Jadzia Butler is quoted in an HR Magazine article regarding a recent court order requiring Glassdoor to reveal the identities of users in response to a grand jury subpoena in a wire fraud case. It is "particularly concerning" if Internet users who believe they can have anonymous online discussions have their anonymity compromised by a mere subpoena, Butler says. ...
Top 10 Game-Changing Litigator Moves in October
November 1, 2017, The Litigation Daily
The Litigation Daily recognizes Jennifer Saulino's move to Covington as one of the top "Game-Changing Litigator Moves in October." According to John Hall, “Jennifer’s skill and experience in litigating and trying fact-intensive cases combined with her track record of success in complex jury cases will benefit our clients and strengthen the firm’s general ...
State Appellate Vets Team Up; Another Law Firm Merger; Inside Clyde's Insurance Practice Play
October 6, 2017, The National Law Journal
The National Law Journal highlights Jennifer Saulino's return to Covington. “Covington offered me a really exciting opportunity to marry my focus on trial work with Covington’s diverse practice areas and client base on a very large scale," she says.
October 4, 2017
WASHINGTON—Jennifer Saulino has joined Covington’s Litigation and White Collar Defense and Investigation practices as a partner in Washington. Ms. Saulino’s practice focuses on trials as well as defending individuals and corporations in investigations and prosecutions, with particular experience in the pharmaceutical, health care, banking and securities, oil and ...
October 4, 2017
SAN FRANCISCO—The Recorder has named Covington partner Ingrid Rechtin to its list of “2017 Women Leaders in Tech Law.” This annual recognition commemorates “recent outstanding work by California-based lawyers whose practices focus on technology companies and issues.” In its profile of Ms. Rechtin, the publication highlights her representation of Sanofi in ...
October 3, 2017
BEIJING—China Law & Practice has named Covington as the international winner for “Trade Firm of the Year” at its annual awards ceremony in Beijing. The leading Chinese legal publication also recognized the firm for its role in the Technology, Media, and Telecom “Deal of the Year,” Tencent’s $8.6 billion acquisition of Supercell. The awards focus on “innovation ...
Ex-FCPA unit supervisor joins Covington
October 3, 2017, Global Investigations Review
Global Investigations Review highlights Jennifer Saulino's return to Covington as a partner in its Litigation and Investigations practice.
Former DOJ Prosecutor Rejoins Covington In Washington
October 3, 2017, Law360
John Hall and Jennifer Saulino are quoted in a Law360 article regarding her return to Covington as a partner in the firm's Litigation and Investigations practice. According to Hall, Saulino has “earned the respect and admiration of her colleagues and adversaries” in the courtroom with both her skills and her willingness to take on the most difficult cases. ...
October 2, 2017, The Recorder
The Recorder named Ingrid Rechtin one of its "2017 Women Leaders in Tech Law." In her profile, Ms. Rechtin provides advice to young lawyers in tech. She says, "Be flexible and open to new opportunities. The tech space evolves quickly and as a lawyer you can provide more value to your clients if you have a broader view—across industries, companies of all sizes, ...
Covington Wins Two American Lawyer Global Legal Awards
August 11, 2017
WASHINGTON—The American Lawyer honored Covington with two Global Legal Awards, recognizing the firm’s success in “navigating complex international legal issues.” The firm was recognized for “Global M&A Deal of the Year: Japan” and “Global Dispute of the Year: Investigations (Asia).” Covington advised Tencent Holdings Limited, a leading provider of internet ...
July 12, 2017
LONDON—Covington is advising Central European Media Enterprises Ltd. (CME) on the sale of its broadcast operations in Croatia and Slovenia to Slovenia Broadband S.à r.l for approximately $262.2 million. The transaction is expected to close by the end of 2017. CME is a NASDAQ-listed media and entertainment company operating leading businesses in six Central and ...
June 12, 2017
LOS ANGELES—Covington partners Robyn Polashuk, Clara Shin, and Sonya Winner have been named to the Daily Journal’s 2017 “Top 100 Women Lawyers” list, which recognizes the leading women lawyers in California who “try complex commercial disputes and put together industry-transforming deals.” Managing partner of the firm’s Los Angeles office, Ms. Polashuk focuses ...
Artificial Intelligence
May 23, 2017, Cloud, Big Data and AI Conference, Seattle, Washington
European General Data Protection Regulation: What You Need to Know
May 23, 2017, Cloud, Big Data and AI Conference, Seattle, Washington
May 1, 2017, Covington Alert
In a widely anticipated step, FCC Chairman Ajit Pai has released the text of a draft Notice of Proposed Rulemaking (“NPRM”) proposing to change the legal framework that governs broadband providers, eliminate the “Internet conduct standard” for evaluating broadband provider practices on a case-by-case basis, and seek comment on whether to keep, modify, or ...
CNN Video Data Win Leaves Spokeo Door Open For App Users
April 27, 2017, Law360
Kurt Wimmer is quoted in a Law360 article regarding the Eleventh Circuit's decision to reject a proposed class action brought by a CNN app user claiming that CNN violated the Video Privacy Protection Act. According to Wimmer, "Unlike the Yershov court, the CNN panel seems to understand how apps actually work, which will be helpful going forward."
April 26, 2017
LOS ANGELES—The Los Angeles Business Journal has named Covington partner Robyn Polashuk one of the “Most Influential Women Lawyers” in Los Angeles. The Los Angeles Business Journal recognized Ms. Polashuk’s “unique practice that lies at the intersection of traditional and digital media.” The profile highlighted Ms. Polashuk’s representation of entertainment ...
Data Privacy and National Security
April 21, 2017, Luxembourg Forum (Triannual Meeting Between the United States Supreme Court and the European Court of Justice), Washington, DC
April 20, 2017, Law360
Earlier this month, in Maloney v. T3Media Inc.,[1] the Ninth Circuit held that former college athletes could not assert a right of publicity to prevent the NCAA and its licensee, T3Media, from distributing images of the players. The court ruled that the players’ right of publicity was preempted by Section 301 of the Copyright Act because photographs of the ...
Future of the Music Industry
April 14, 2017, Harvard Law School Entertainment Symposium
The Evolution of Intellectual Property As a Key Value Driver in Sports
April 14, 2017, 6th Annual NYU Sports Law Colloquium
Silver Screen to Laptop Screen
April 14, 2017, Harvard Law School Entertainment Symposium
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).
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 ...
March 30, 2017
SILICON VALLEY—Former Patent Trial and Appeal Board (PTAB) judges Peter Chen and Scott Kamholz have joined Covington’s Patent Office Trials Practice. Mr. Chen and Dr. Kamholz are the only former PTAB judges to enter private practice who have overseen Leahy-Smith America Invents Act of 2011 (AIA) trial proceedings from institution through final decision. Peter ...
GDPR Planning and Preparation Conference for Employers
March 30, 2017, Business Forums International Ltd.
Shrunken Chickens, Neck Flanges, Pill Mills & Bacteria: New Twists on Perennially Difficult Issues in Products-Related Coverage
March 4, 2017, ABA Insurance Coverage Litigation Committee CLE Seminar
Leading M&A Lawyer Joins Covington
February 28, 2017
NEW YORK—Tom Kuhn has joined Covington’s Mergers and Acquisitions practice, and will focus on media and technology transactions. He will be based in the firm’s New York office. Mr. Kuhn is a seasoned M&A deal maker, with experience both as a lawyer and as a banker. He also advises on corporate governance matters and provides strategic counseling. He has ...
February 3, 2017, Global Investigations Review
Ian Hargreaves and David Lorello are quoted in a Global Investigations Review article regarding Hargreaves’ recent arrival to Covington. According to Hargreaves, the firm’s “pre-eminence in dispute resolution, and its immense strength and global recognition as a market-leader in white-collar crime matters and investigations” fueled his decision. Lorello says, ...
Senior FCC Official Rejoins Covington
February 1, 2017
WASHINGTON—Matthew S. DelNero has rejoined Covington as a partner in its Communications and Media Practice Group in Washington. Mr. DelNero most recently served as Chief of the Federal Communications Commission’s Wireline Competition Bureau. Mr. DelNero was a Covington partner from 2011 until January 2014, when he became Deputy Chief of the Wireline Competition ...
Former Senior Official At FCC Rejoins Covington
February 1, 2017, Law360
Matt DelNero and Yaron Dori are quoted in a Law360 article regarding DelNero’s return to Covington as a partner in its Communications and Media Practice Group where he will oversee a diverse portfolio of telecom issues, including broadband expansion, privacy, data security and merger activity, bringing to the practice a new appreciation for the policy process ...
DelNero Returns to Covington
February 1, 2017, Broadcasting & Cable
Matt DelNero is quoted in a Broadcasting & Cable article regarding his return to Covington’s Communications and Media practice. According to DelNero, “I look forward to handling a diverse array of issues for clients in the content, telecommunications, and technology sectors and to helping develop the firm’s Media & Communications practice into the future.”
January 31, 2017
LONDON—Ian Hargreaves has joined Covington as a partner in the firm’s European Dispute Resolution practice resident in London. Mr. Hargreaves’ arrival follows that of litigation partners Craig Pollack, Greg Lascelles, Elaine Whiteford, and Louise Freeman over the past six months. Mr. Hargreaves advises on major European white collar and related civil and ...
Covington makes KWM competition hire
January 17, 2017, Global Competition Review
Louise Freeman and Johan Ysewyn are quoted in a Global Competition Review article regarding Freeman’s arrival to the firm’s European Dispute Resolution practice. According to Freeman, Covington is an exciting firm to join – especially as the firm is “expanding at a phenomenal rate.” She adds, “It’s going to be great fun educating the London market on what is ...
2 Disputes Lawyers Move To Covington Amid KWM Collapse
January 17, 2017, Law360
Jeremy Wilson is quoted in a Law360 article regarding the arrival of Craig Pollack and Louise Freeman to the firm’s European Dispute Resolution practice. According to Wilson, “The firm’s growing footprint in London is a reflection of client demand that is fueled by the increasingly challenging regulatory and compliance environment, and the fact that London is, ...
January 16, 2017
LONDON—Craig Pollack and Louise Freeman have joined Covington as partners in the firm’s European Dispute Resolution practice resident in London. Mr. Pollack will also serve as co-chair of the firm’s Global Disputes Initiative with former U.S. Attorney General Eric Holder and former U.S. Under Secretary of State Alan Larson. Mr. Pollack focuses on complex high ...
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. ...
December 21, 2016
SHANGHAI—China Business Law Journal has named Covington partner Weishi Li to its “A-List” of the top 100 private practice lawyers in China. Ms. Li is one of two life sciences lawyers recognized by the magazine. China Business Law Journal’s inaugural A-list is based on interviews of in-house counsel in China and around the world, as well as partners at Chinese ...
Sports MVP: Covington & Burling's Derek Ludwin
December 21, 2016, Law360
Law360 selected Derek Ludwin as a 2016 Sports MVP and profiled his work over the past year, including his defense of the U.S. Olympic Committee against an antitrust challenge to its longtime ban on on-field advertising brought by Olympic runner Nick Symmonds through his company, Run Gum. “This is an organization that a lot of us grew up following. It’s the ...
December 5, 2016
WASHINGTON—SportsBusiness Journal has named Doug Gibson and Gregg Levy to its list of the “50 Most Influential People in Sports Business.” Mr. Gibson and Mr. Levy are two of only four lawyers in private practice on the list, which also includes league commissioners and team owners, broadcast industry and sponsor company CEOs, and other high-profile executives in ...
Insurance MVP: Covington & Burling’s Marty Myers
December 1, 2016, Law360
Law360 selected Marty Myers as a 2016 Insurance MVP and profiled his work over the past year, including his representation of World Fuel Services which scored the company a $24.5 million reward for insurance coverage related to a $17 million marine cargo loss off the coast of West Africa. “Each case suggests its own strategies,” Myers says. “In part, it’s being ...
September 28, 2016, Covington Alert
Provisions of a new French law, adopted on September 28, 2016, will loosen France’s rules around videogaming contests in France, and lay down new labor regulations for professional gamers. For now, clients ought to exercise significant caution before arranging French eSports contests or entering into contracts with professional gamers in France. Even after the ...
September 19, 2016, Covington Alert
On September 13, 2016, Jun Ping Zhang (“Zhang”), former head of Harris Corporation’s (“Harris”) subsidiary in China, agreed to pay $46,000 to settle allegations by the U.S. Securities and Exchange Commission (“SEC”) that Zhang knowingly authorized and facilitated bribes to Chinese government officials at state-owned hospitals and local health departments and ...
September 13, 2016, Daily Journal
Tom DeFilipps and Doug Gibson are quoted in a Daily Journal article regarding DeFilipps’ move to Covington’s Silicon Valley office. Commenting on the draw to Covington DeFilipps says, “One of the more compelling aspects of the Covington platforms is the way it allows you to meld the strength of its regulatory practice in D.C. and non-U.S. jurisdictions, like ...
September 13, 2016, The Recorder
Tom DeFilipps and Doug Gibson are quoted by The Recorder in an article regarding DeFilipps’ recent move to Covington, where he will serve as chair of the West Coast corporate practice. According to DeFilipps, “Covington presented to me an opportunity to do something that sounded very interesting at this point in my career.” He continues, "I felt as though it was ...
Silicon Valley Dealmaker Joins Covington
September 13, 2016, ABF Journal
Timothy Hester and Tom DeFilipps are quoted in an ABF Journal article regarding the arrival of DeFilipps to Covington. According to Hester, “Adding Tom to our Silicon Valley office is a major step forward in our plan for continued growth in California.” DeFilipps says, “I am very pleased to join Covington’s growing California practice.” He continues, “I am ...
Leading Silicon Valley Dealmaker Joins Covington
September 12, 2016
SILICON VALLEY—Tom DeFilipps has joined Covington as a partner in the Silicon Valley office and will serve as chair of the West Coast Corporate practice. “Adding Tom to our Silicon Valley office is a major step forward in our plan for continued growth in California,” said Timothy Hester, Covington’s chair. “Tom has built a successful Northern California ...
September 12, 2016, Law360
Timothy Hester and Tom DeFilipps are quoted in a Law360 article regarding DeFilipps’ recent arrival. According to Hester, “Adding Tom to our Silicon Valley office is a major step forward in our plan for continued growth in California.” He continues, “Tom has built a successful Northern California corporate practice over many years and has a demonstrated track ...
Rights Manager Makes Case for Digital Control
August 29, 2016, Los Angeles Business Journal
Mitchell Kamin is quoted in a Los Angeles Business Journal article regarding a $25 million verdict against ISP Cox in a copyright infringement case brought by BMG Rights Management. According to Kamin, “The music industry and copyright holders are certainly pushing to limit the safe-harbor provision.” He continues, “They feel companies on the tech side of things ...
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 ...
Covington Represents Tencent in $8.6 Billion Acquisition
June 21, 2016
SILICON VALLEY—Covington advised Tencent Holdings Limited, a leading provider of internet service in China, in connection with its acquisition of a majority stake in Supercell from SoftBank. A consortium established by Tencent will acquire up to 84% of Supercell for $8.6 billion in a transaction valuing Supercell at approximately $10.2 billion. Supercell is a ...
Covington Receives Top Rankings from Chambers USA
June 7, 2016
WASHINGTON—Covington has again received top rankings from Chambers USA, with 60 practice rankings and 120 individual rankings for lawyers in the publication’s 2016 edition. The legal guide identifies leading lawyers and law firm practices based on interviews conducted by Chambers’ researchers with thousands of lawyers and their clients. The firm was ranked in ...
May 31, 2016
NEW YORK—Covington is advising MagtiCom Ltd., the leading mobile operator in the Republic of Georgia, on its definitive agreement to acquire retail and corporate ISP cable assets from Caucasus Online LLC. The deal is expected to close on or around August 1, 2016. Following the successful conclusion of the transaction, MagtiCom will be the first and only operator ...
May 31, 2016
WASHINGTON—Covington advised Graham Media Group in its definitive agreement to purchase WCWJ, the CW affiliate serving Jacksonville, FL and WSLS-TV, the NBC affiliate serving Roanoke and Lynchburg, VA, from Nexstar Broadcasting Group and Media General. The Covington team included corporate partners Paul Rogers and Michael Cutler, with associate Adina Lord. ...
May 19, 2016
BRUSSELS — Carl Bildt, the former Prime Minister of Sweden, has joined Covington as a Senior Policy Advisor in the firm’s global Public Policy and Government Affairs practice. Most recently, Mr. Bildt served as Sweden’s Minister for Foreign Affairs between 2006 and 2014. As Prime Minister of Sweden, Mr. Bildt led the government that negotiated and signed ...
The Art of Deal-Making in Sports and Entertainment
May 2016, North American South Asian Bar Association Annual Convention
April 20, 2016
LOS ANGELES — Covington partners Emily Henn, Robyn Polashuk and Sonya Winner have been named to the Daily Journal’s annual list of “Top Women Lawyers” in California. The list recognizes 100 lawyers who “try complex commercial disputes and put together industry-transforming deals.” Ms. Henn, based in the firm’s Silicon Valley office, co-chairs the firm’s Class ...
April 8, 2016
NEW YORK — Covington advised Emmy and Golden Globe-winning producer Ben Silverman on the creation of Propagate Content, a media production and distribution company. A+E has agreed to fund the company with $30 million in equity and has committed to buy $15 million in scripted or unscripted projects in a five-year deal. Propagate has already signed Will.i.am and ...
February 8, 2016
BRUSSELS — Erika Mann, a former Member of the European Parliament and policymaker with over 20 years of experience, has joined Covington in its Brussels office as a senior European policy advisor in the firm’s global Public Policy and Government Affairs practice. Most recently, Ms. Mann served as Managing Director of Public Policy for Facebook in Brussels from ...
January 21, 2016, MarketWatch
Kurt Wimmer is quoted in this MarketWatch article regarding the FAA’s decision to allow Cape Productions, a drone video startup, to fly drones hundreds of feet closer to people than previously permitted. According to Wimmer, the FAA’s approval for Cape Productions sets a “much more realistic precedent” for future commercial drone usage.
October 6, 2015
NEW YORK, October 6, 2015 - Covington partner C. William Phillips has been named a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. Mr. Phillips is the seventh Covington lawyer among the current Fellows, joining Lanny Breuer, Robert Haslam, James McKay, John Nields, George Pappas, and Robert Sayler. Mr. ...
Covington Advises Tencent on Investment in Kik
August 20, 2015
SAN FRANCISCO, August 20, 2015 — Covington advised Tencent Holdings Ltd. on its US$50 million investment in Ontario-based Kik Interactive, Inc., a messenger application with more than 200 million registered users. Tencent is a Chinese company that provides value-added Internet, mobile and telecom services and online advertising. Its messaging app WeChat has ...
7 Telecom Officials Attorneys Need To Know
June 10, 2015, Law360
Matt DelNero was profiled by Law360 as a telecom official to know. Prior to rejoining Covington, DelNero served a Bureau Chief of the Wireline Competition Bureau.
Covington Opens Los Angeles Office
March 6, 2015
LOS ANGELES, March 6, 2015 — Covington will open a new office in Los Angeles on March 9. The office will be staffed by current firm lawyers and three new senior lawyers and will focus initially on insurance coverage, media and content distribution, patent litigation, public policy/government affairs and white collar defense. "We believe there is a strong base ...
January 27, 2015
WASHINGTON, DC, January 27, 2015 — Covington was named one of the top 2014 “Media and Entertainment Practice Groups of the Year” by Law360.Law360 highlighted the practice for its involvement in “the most-talked-about sports media rights deals last year,” including the NFL's Sunday Ticket agreement with DirecTV, Steve Ballmer’s bid for the Los Angeles Clippers, ...
Media & Entertainment Group of The Year: Covington
January 27, 2015, Law360
The firm is featured in this article regarding being named a "Media & Entertainment Practice Group of the Year." "Covington & Burling LLP was involved in the most-talked-about sports media rights deals last year, including the NFL's $12 billion Sunday Ticket pact with DirecTV, and helped seal Steve Ballmer’s $2 billion bid for the Los Angeles Clippers, making ...
December 22, 2014
WASHINGTON, December 22, 2014 — The Global Competition Review (GCR) has named Covington & Burling to its Global Elite, a list of the top 20 competition practices worldwide, ranking it among the top practices in both Brussels and Washington, D.C. Each year, GCR undertakes extensive analysis of competition law groups in 50 jurisdictions around the world. In ...
December 22, 2014, Luxury Legal Post
Covington’s Gibson Named Law360 MVP
11/24/2014
WASHINGTON, DC, November 24, 2014 — Law360 named Covington & Burling partner Doug Gibson a “most valuable player” in media and entertainment law. Law360’s “MVP of the Year” awards recognize lawyers who have had successes in record-breaking deals, high-stakes litigation, and complex global matters in the past year. In a profile on Mr. Gibson, Law360 cited his ...
Media & Entertainment MVP: Covington's Doug Gibson
November 21, 2014, Law360
Covington's Doug Gibon was named a Law360 MVP: "Covington & Burling LLP partner Doug Gibson’s name appears on many high-profile sports industry deals, including this summer’s negotiation of former Microsoft Corp. CEO Steve Ballmer’s $2 billion purchase of the Los Angeles Clippers and the National Football League’s extension on DirecTV’s rights for NFL Sunday ...
October 6, 2014, The American Lawyer
Covington is featured in this article regarding the firm advising the National Basketball Association on a media rights deals with Walt Disney Co. and Time Warner Inc.’s Turner Broadcasting System. "The agreement comes on the heels of the NFL's renewal of its Sunday Ticket game package with DirecTV last week. Covington counseled its longtime client the NFL on ...
10/9/2014
London, October 9, 2014 - Covington & Burling has been selected as the winner in the Technology, Media and Telecoms category of Legal 500 UK Awards 2014, with a focus on Data Protection. Covington’s European technology, media and telecoms lawyers draw on the firm’s deep roots in the software, Internet, telecommunications and media industries and act as strategic ...
Covington Snags Insurance Pro From Jones Day
May 14, 2014, Law360
Covington partner Marty Myers is featured in this article about his recent move to the firm.
Business of Law
May 12, 2014, Bloomberg
Marty Myers is mentioned in Bloomberg regarding his recent move to Covington: "Covington & Burling LLP said Martin H. Myers joined its insurance recovery practice, representing corporate policyholders in complex coverage disputes with insurers. Myers, who joins the firm as a partner in San Francisco, was previously at Jones Day."
September 3, 2013
SAN FRANCISCO, September 3, 2013 — Covington & Burling is advising Microsoft Corp. in its purchase of substantially all of Nokia’s devices & services business. Under the transaction, Microsoft will also license Nokia’s patents, and license and use Nokia’s mapping services. The total transaction price is EUR 5.44 billion in cash — or more than $7 billion. The ...
August 15, 2013, Covington Advisory
February 26, 2013, Covington E-Alert
Covington Wins Landmark Ruling for Tennis Channel
July 25, 2012
WASHINGTON, DC, July 25, 2012 — The Federal Communications Commission handed a decisive victory to the Tennis Channel yesterday in its discriminatory carriage lawsuit against Comcast Cable Communications, the largest distributor of video programming content. Covington & Burling secured the victory against the largest content distributor in the nation. The ...
June 11, 2012
WASHINGTON, DC, June 11, 2012 — Chambers USA recognized 106 individual Covington & Burling lawyers and 46 Covington practice areas in the 2012 Chambers USA: America’s Leading Lawyers for Business guidebook released on June 7, 2012. Many of the 106 Covington lawyers ranked by Chambers USA were recognized in multiple categories, resulting in a total of 131 ...
Covington Wins 'Merger Control Matter of the Year' Award
4/2/2012
LONDON, 2 April, 2012 — Global Competition Review has selected Microsoft Corp.’s $8.5 billion acquisition of Skype Global S.à.r.l. as the winner in the “Merger Control Matter of the Year - Europe” category of the GCR Awards 2012. Covington’s Brussels competition team, led by partners Lars Kjølbye and Miranda Cole, advised Microsoft on competition-related aspects ...
1/17/2012
BRUSSELS, 17 January, 2012 — Covington & Burling LLP is pleased to announce that Jean De Ruyt has joined the firm’s government affairs group as a senior European policy advisor in Brussels. Ambassador Jean De Ruyt is among the most experienced diplomats in Europe. Most recently, he served as the Permanent Representative of Belgium to the European Union and was ...
Covington Wins Major Decision for Tennis Channel
December 21, 2011
WASHINGTON, DC, December 21, 2011 — Following an eight-day bench trial, a Federal Communications Commission Administrative Law Judge ruled in favor of Tennis Channel in its discriminatory carriage lawsuit against Comcast Cable Communications. This historic decision is the first time any independent programming network has won a discrimination case against a ...
November 17, 2011
SAN FRANCISCO, November 17, 2011 — Covington & Burling helped secure approval from the Federal Election Commission today for an innovative shopping program that could change the way individuals make campaign contributions by making it easier for small donors to participate in the political process. Headquartered in Palo Alto, Calif., GivingSphere allows ...
U.S. News-Best Lawyers Awards Covington ‘Law Firm of the Year’ in FDA Law and 82 First-Tier Practice Rankings
November 1, 2011
WASHINGTON, DC, November 1, 2011 — For the second consecutive year, U.S. News-Best Lawyers awarded Covington & Burling the most first-tier practice rankings for Washington, DC in the “Best Law Firms” survey. The 2011-12 survey also awarded the firm 82 first-tier practice rankings, placing Covington among the top 20 firms nationwide. Additionally, U.S. ...
Covington Advises Microsoft in $8.5 Billion Skype Deal
May 10, 2011
WASHINGTON, SAN FRANCISCO, BRUSSELS, AND LONDON, May 10, 2011 —Covington & Burling LLP is advising Microsoft Corp. in its acquisition of Skype Global S.à.r.l., the leading Internet communications company, for $8.5 billion in cash. Microsoft’s purchase of Skype from the investor group led by Silver Lake is expected to increase the accessibility of real-time ...
December 27, 2010, Covington E-Alert
12/16/2010
LONDON, December 16, 2010 — Covington & Burling LLP has been named the "Sports, Media & Entertainment Team of the Year 2010" by Intellectual Property Magazine in recognition of the firm’s contribution to promoting and protecting the sports and entertainment-related IP rights of its clients. The award recognises Covington’s work over the past year, which has ...
20th Anniversary of the Americans with Disabilities Act Sparks Legislative and Regulatory Reform
September 29, 2010, Covington Advisory
- Recognized by China Law & Practice for its role in the Technology, Media, and Telecom “Deal of the Year” (2017).
- Law360, Media & Entertainment Group of the Year (2019, 2014, 2012)
- Chambers USA: Telecom, Broadcast, & Satellite (2004-2019) and Media & Entertainment (2012-2019)
- Chambers USA: First Amendment Litigation (2011-2016)
- Chambers Europe: leading TMT practice (2012-2020)
- Chambers Asia-Pacific: China - Technology, Media, Telecoms (TMT) (2011-2019)
- Legal 500 US: Media, Technology & Telecoms
- Cyberlaw (2017)
- Marketing & Advertising (2012-2017)
- Technology - Data Protection & Privacy (2012-2017)
- Technology - Outsourcing (2012-2017)
- Technology - Transactions (2012-2017)
- Telecoms & Broadcast - Regulatory & Transactional (2012-2017)
- Legal 500 UK (2011-2016)
- Media and Entertainment
- IT & Telecoms
- Legal 500 EMEA: EU Regulatory, Information Technology (2011-2017)
- Legal 500 Asia Pacific: China - TMT: Foreign Firms (2009-2017)
- Best Lawyers in America: Communications Law (2014-2020)
- Best Lawyers in America: Administrative/Regulatory Law (2020)
- Best Lawyers in America: Technology (2012-2020)
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