Media and Internet

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.”

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.

Employee data breach support

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.

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.

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.

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.

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.

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.

Sony BMG Music Entertainment in Class Action Lawsuit

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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UK ICO and The Alan Turing Insitute Issue Draft Guidance on Explaining Decisions Made by AI

The UK’s Information Commissioner’s Office (“ICO”) has issued and is consulting on draft guidance about explaining decisions made by AI. The ICO prepared the guidance with The Alan Turing Institute, which is the UK’s national institute for data science and artificial intelligence. Among other things, the guidance sets out key principles to follow and steps...… ...

UK ICO and The Alan Turing Institute Issue Draft Guidance on Explaining Decisions Made by AI

New E-Privacy Proposal on the Horizon?

On December 3, 2019, the EU’s new Commissioner for the Internal Market, Thierry Breton, suggested a change of approach to the proposed e-Privacy Regulation may be necessary. At a meeting of the Telecoms Council, Breton indicated that the Commission would likely develop a new proposal, following the Council’s rejection of a compromise text on November...… ...

AI Update: NIST Seeks Public Comment on Taxonomy of Adversarial Machine Learning

Last month, NIST released its Draft NISTIR 8269, A Taxonomy and Terminology of Adversarial Machine Learning. The taxonomy is intended to assist researchers and practitioners in developing a common lexicon around Adversarial Machine Learning, with the goal of setting standards and best practices for managing the security of Artificial Intelligence (“AI”) systems ...

IoT Update: FCC Proposes New Spectrum Plan for Vehicle Safety and Unlicensed Uses

With all the current excitement around emerging high-tech autonomous vehicles and internet of things (IoT) devices, it may surprise some observers that around 20 years ago the Federal Communications Commission (FCC), at Congress’s direction, was already taking some important steps with respect to these technologies. Most notably, the FCC set aside the 5.9 GHz ...

Certiorari Granted in Google LLC v. Oracle America, Inc.

On November 15, the Supreme Court granted certiorari in Google LLC v. Oracle America, Inc., No. 18-956. The two questions presented before the Court are (1) whether “copyright protection extends to a software interface,” and (2) whether, as the jury found, that Google’s “use of a software interface in the context of a creating a...… Continue Reading

Commission Expert Group Report on Liability for Emerging Digital Technologies

On November 21, 2019, the European Commission’s Expert Group on Liability and New Technologies – New Technologies Formation (“NTF”) published its Report on Liability for Artificial Intelligence and other emerging technologies. The Commission tasked the NTF with establishing the extent to which liability frameworks in the EU will continue to operate effectively ...

Openness is key to Africa’s success in a data-driven world

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 ...

AI/IoT Update: UK’s Information Commissioner issues opinion on use of live facial recognition technology by police forces

On October 31, 2019, Elizabeth Denham, the UK’s Information Commissioner issued an Opinion and an accompanying blog urging police forces to slow down adoption of live facial recognition technology and take steps to justify its use. The Commissioner calls on the UK government to introduce a statutory binding code of practice on the use of...… Continue Reading

IoT Update: NIST Seeks Public Comment on Security Review of Smart Home IoT Devices

Earlier this month the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) released its Draft NISTIR 8267, Security Review of Consumer Home Internet of Things (IoT) Products, for public comment. NIST will accept public comments on the report through November 1, 2019. The draft report documents security features in seven types ...

IoT Update: NIST Seeks Public Comment on Security Review of Smart Home IoT Devices

Covington Represents Central European Media Enterprises in $2.1B Acquisition

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 ...

AI/IoT Update: UK Law Commission Launches Second Consultation on Automated Vehicles

On 16 October 2019, the Law Commission of England and Wales – jointly with the Scottish Law Commission – launched a second public consultation on the regulatory framework for Highly Automated Road Passenger Services, or “HARPS”. “HARPS” is a new term that the Law Commissions have coined for highly automated vehicles that provide road journeys...… Continue ...

AI and IoT Legislative Developments: Third Quarter 2019

Federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the third quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our third AI &...… Continue ...

FDA Issues Updated Guidance on the Regulation of Digital Health Technologies

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 ...

AI/IoT Update: Connected and Automated Vehicles Webinar Series: EU Key Developments PART 2

Earlier this month, Covington’s Brussels, Frankfurt and London offices hosted a webinar on EU regulatory developments impacting connected and automated vehicles (CAVs). The seminar attracted participants from across the globe, predominantly from tech and automotive industries. This post features an overview of the sections on CO2 pooling, transmission standards: ...

European Parliamentary Research Service issues a briefing paper on implementing EU’s ethical guidelines on AI

On 19 September 2019, the European Parliamentary Research Service (“EPRS”)—the European Parliament’s in-house research service—released a briefing paper that summarizes the current status of the EU’s approach to developing a regulatory framework for ethical AI. Although not a policymaking body, the EPRS can provide useful insights into the direction of EU ...

FTC's YouTube Settlement Another Sign of COPPA Enforcement Heating Up

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

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 ...

AI Update: NIST Releases its Plan to Develop AI Standards

On August 9, 2019, the U.S. Department of Commerce’s National Institute of Standards and Technology (“NIST”) submitted its plan for federal engagement in the development of artificial intelligence standards. The plan was developed in response to the Executive Order signed by President Trump earlier this year, which required NIST to “issue a plan for Federal...… ...

ICO publishes blog post on AI and trade-offs between data protection principles

On July 25, 2019, the UK’s Information Commissioner’s Office (“ICO”) published a blog on the trade-offs between different data protection principles when using Artificial Intelligence (“AI”). The ICO recognizes that AI systems must comply with several data protection principles and requirements, which at times may pull organizations in different directions. ...

Keeping Up with the Tech: Behind the FTC's COPPA Review

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 ...

New York City, Vermont, and Other State and Local Governments Evaluating AI Trustworthiness

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 ...

Public-Private Collaboration is Key to Building Africa’s Digital Future

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. ...

Two new developments from the EU High-Level Working Group on AI: launch of pilot phase of Ethics Guidelines and publication of Policy and Investment Recommendations for Trustworthy AI

On June 26, 2019, the EU High-Level Expert Group on Artificial Intelligence (AI HLEG) announced two important developments: (1) the launch of the pilot phase of the assessment list in its Ethics Guidelines for Trustworthy AI (the “Ethics Guidelines”); and (2) the publication of its Policy and Investment Recommendations for Trustworthy AI (the “Recommendations”). ...

ICO’s Call for Input on Bias and Discrimination in AI systems

On June 25, 2019, as part of their continuing work on the AI Auditing Framework, the UK Information Commissioner’s Office (ICO) published a blog setting out their views on human bias and discrimination in AI systems. The ICO has also called for input on specific questions relating to human bias and discrimination, set out below....… Continue Reading

UK Government’s Guide to Using AI in the Public Sector

On June 10, 2019, the UK Government’s Digital Service and the Office for Artificial Intelligence released guidance on using artificial intelligence in the public sector (the “Guidance”). The Guidance aims to provide practical guidance for public sector organizations when they implement artificial intelligence (AI) solutions. The Guidance will be of interest to ...

AI/IoT Update: Congress Considers Measures to Support AI and IoT Technologies

As policymakers weigh the implications of artificial intelligence (“AI”) and the Internet of Things (“IoT”), members of Congress have introduced a handful of measures focusing on Government support for and adoption of these emerging technologies. In May, Senators Deb Fischer (R-NE), Brian Schatz (D-HI), Cory Gardner (R-CO), and Cory Booker (D-NJ) reintroduced ...

ICO’s Interim Report on Explaining AI

On June 3, 2019, the UK Information Commissioner’s Office (“ICO”), released an Interim Report on a collaboration project with The Alan Turing Institute (“Institute”) called “Project ExplAIn.” The purpose of this project, according to the ICO, is to develop “practical guidance” for organizations on complying with UK data protection law when using artificial ...

Covington Represents Alion Science and Technology in $225 Million Sale of its Naval Systems Business Unit

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 ...

US firms in China fear 'retaliation' against Huawei curbs: AmCham

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 ...

EU High-Level Working Group Publishes Ethics Guidelines for Trustworthy AI

On April 8, 2019, the EU High-Level Expert Group on Artificial Intelligence (the “AI HLEG”) published its “Ethics Guidelines for Trustworthy AI” (the “guidance”). This follows a stakeholder consultation on its draft guidelines published in December 2018 (the “draft guidance”) (see our previous blog post for more information on the draft guidance). The guidance ...

Going Over the Top

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 ...

EU Commission Issues Recommendation on Cybersecurity in the Energy Sector

The European Commission (“Commission”) has published a Recommendation on cybersecurity in the energy sector (“Recommendation”). The Recommendation builds on recent EU legislation in this area, including the NIS Directive and EU Cybersecurity Act (see our posts here and here). It sets out guidance to achieve a higher level of cybersecurity taking into account ...

The Internet of Things: Legal Issues, Policy, & Practical Strategies

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, ...

ICO opens beta phase of privacy “regulatory sandbox”

On March 29, 2019, the ICO opened the beta phase of the “regulatory sandbox” scheme (the “Sandbox”), which is a new service designed to support organizations that are developing innovative and beneficial projects that use personal data. The application process for participating in the Sandbox is now open, and applications must be submitted to the...… Continue ...

AI Update: What Happens When a Computer Denies Your Insurance Coverage Claim?

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 ...

European Parliament Approves EU Cybersecurity Act

Following a political agreement at the end of 2018, earlier this week the European Parliament approved a new cybersecurity regulation known as the EU “Cybersecurity Act” This forms part of the EU’s Cyber Package, first announced in September 2017 (which we blogged about here). In addition to reinforcing the mandate of ENISA — now to...… Continue Reading

Senate Reintroduces IoT Cybersecurity Improvement Act

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...… ...

Senate Reintroduces IoT Cybersecurity Improvement Act

Net Neutrality Update: House Hearing and Proposed Legislation

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 ...

Covington Hosts First Webinar on Connected and Automated Vehicles

On February 27, 2019, Covington hosted its first webinar in a series on connected and automated vehicles (“CAVs”). During the webinar, which is available here, Covington’s regulatory and public policy experts covered the current state of play in U.S. law and regulations relating to CAVs. In particular, Covington’s experts focused on relevant developments in: ...

Workforce Policy Developments in the Trump Administration

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

Covington Represents the Chicago Cubs in Launch of Marquee Sports Network

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 to Host Webinar on Connected and Automated Vehicles

One week from today, Covington will host its first webinar in a series on connected and automated vehicles (“CAVs”). The webinar will take place on February 27 from 12 to 1 p.m. Eastern Time. During the webinar, Covington’s regulatory and legislative experts will cover developments in U.S. law and regulations relating to CAVs. Those topics...… Continue Reading

Covington adds to M&A tech practice

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 ...

Defense Department Releases Artificial Intelligence Strategy

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.

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 ...

Top Ten Issues to Watch in Africa in 2019

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 ...

House Moves to Get “SMART” on the IoT Industry

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 ...

Former FBI official joins Covington

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 ...

Covington AI/IoT Update: EPA and NHTSA Seek Comment on Autonomous and Connected Vehicles

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 ...

NTIA’s International Internet Policy Priorities for 2018 and Beyond

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

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

More Officials Appointed to Lead Film and Media Authorities in China

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 ...

Covington Artificial Intelligence Update: China’s Framework of AI Standards Moves Ahead

China has set out on an ambitious agenda of aiming to become the world leader in artificial intelligence by 2030. Policy experiments for a critical part of China’s AI development strategy, and to that end multiple government think tanks have set out formulating standards that may impact AI innovation in China. The China Electronics Standardization...… Continue ...

GAO Testimony Before Congress Regarding Emerging Opportunities, Challenges, and Implications for Policy and Research with Artificial Intelligence

Timothy M. Persons, GAO Chief Scientist Applied Research and Methods, recently provided testimony on artificial intelligence (“AI”) before the House of Representatives’ Subcommittees on Research and Technology and Energy, Committee on Science, Space, and Technology. Specifically, his testimony summarized a prior GAO technological assessment on AI from March ...

GC Cheat Sheet: The Hottest Corporate News Of The Week

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.

Covington, Microsoft Attys Say AI Trust Key To Use In Law

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 ...

Does AI Have a Place in the Courts? Here’s How Experts Weigh the Risks and Benefits

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 ...

IP Protection Checklist for Tech Startups

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

Covington IoT Update: U.S. Legislative Roundup on IoT

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 ...

Three Covington Partners Among Top 100 Women Lawyers in California

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 ...

Tech & Security Companies Sign Cybersecurity Tech Accord

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 ...

Covington Nabs Veteran Tech Dealmaker From Wilson Sonsini

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 ...

South Dakota Breach Notification Law Breaks New Ground

Last week, South Dakota became the 49th U.S. state to enact a data breach notification law with the passage of S.B. 62, which sets forth requirements for notifying state residents, the state attorney general, and major consumer reporting agencies in the event of a breach. The law, which will take effect on July 1, 2018,...… Continue Reading

CLOUD Act Creates New Framework for Cross-Border Data Access

On March 23, 2018, Congress passed, and President Trump signed into law, the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which creates a new framework for government access to data held by technology companies worldwide.The CLOUD Act, enacted as part of the Consolidated Appropriations Act, has two components.Part I: Extraterritorial Reach of U.S. ...

The Technology Bank

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 ...

GDPR drives global privacy compliance now, but still unclear whether it will become de facto global standard, experts say

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 ...

Adam Studner Named One of Washington's Top Lawyers Under 40

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 ...

Covington Secures Presidential Order Protecting Qualcomm from Hostile Takeover

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 ...

Covington Named Among Top Entertainment & Sports Firms by China Business Law Journal

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 ...

Covington’s Africa Practice Will Be at SXSW

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

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 ...

Off to the races: How will policy shape autonomous vehicles tech in 2018?

This post was originally published on the Covington InsideTechMedia blog on February 12, 2018. At the start of 2018, we find ourselves in the midst of an autonomous vehicles revolution. In the private sector, leading, and some nascent, autonomous mobility innovators have forged ahead with a surge of investment. Last year, The Brookings Institution found...… ...

Robyn Polashuk Named Among Multichannel News’ “Women to Watch”

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

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 ...

IAB/4A’s Release Draft Standard Addendum for Digital Video Advertising in TV Long Form Video for Public Comment

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

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

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 ...

Financial Times Names Covington to 2017 North America Innovators List

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

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 ...

Miranda Cole Named Among Politico's "Women Who Shape Brussels"

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

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

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

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.

Ingrid Rechtin Among The Recorder's "Women Leaders in Tech Law"

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 ...

Leading Trial Lawyer and Former DOJ Prosecutor Rejoins Covington

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 ...

Covington Named International Firm of the Year for Trade by China Law & Practice

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 ...

Former DOJ Prosecutor Rejoins Covington In Washington

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. ...

Women Leaders in Tech Law: Ingrid Rechtin, Covington & Burling

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

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 ...

Covington Advises Central European Media Enterprises on $262.2 Million Deal

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 ...

Three Covington Partners Among Top 100 Women Lawyers in California

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 ...

FCC Chairman Releases Draft of New Net Neutrality Plan; Vote Scheduled for May 18

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

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."

Robyn Polashuk Among LA’s "Most Influential Women Lawyers"

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 ...

9th Circ. Ruling Generates Copyright Preemption Confusion

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 ...

Covington & Burling Adds Ex-Tyco Counsel In M&A Practice

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, ...

China Seeks Public Comments on Draft Regulation of Cross-Border Data Transfer

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

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 ...

Two Former PTAB Judges Join Covington's Patent Office Trials Practice

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 ...

Leading M&A Lawyer Joins Covington

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 ...

KWM London's former head of fraud and investigations joins Covington

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

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 ...

DelNero Returns to Covington

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.”

Former Senior Official At FCC Rejoins Covington

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 ...

White Collar and Fraud Specialist Joins Covington’s European Practice

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

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

Alex Leitch and Jeremy Wilson are quoted in a Law360 article regarding the arrival of Craig Pollack and Louise Freeman to the firm’s European Dispute Resolution practice. According to Leitch and 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, ...

Covington Boosts Dispute Resolution Practice in London with Two Partners

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

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. ...

China Business Law Journal Names Weishi Li Among Top Lawyers

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

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 ...

SportsBusiness Journal Names Two From Covington to “50 Most Influential” List

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

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 ...

New Law Will Open Up French Market to eSports Contests

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 ...

Former China Head of Harris Corporation Pays $46,000 to Settle SEC's FCPA Allegations

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 ...

Silicon Valley Dealmaker Joins Covington

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 ...

Covington Continues Calif. Growth With Sidley Palo Alto Leader

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 ...

Covington grabs partner from Sidley to grow NorCal offices

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 ...

Leading Silicon Valley Dealmaker Joins Covington

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 ...

Covington Nabs Sidley NorCal Vet To Lead West Coast Deals

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

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 ...

Covington's Brexit Task Force Provides Insights on Latest Developments

Our Brexit Task Force is staffed by senior lawyers and advisors across London, Brussels, and Washington to monitor events and to keep clients apprised of legal, regulatory, and policy developments. We are advising clients across a wide range of businesses and industries on the impact and implications of Brexit, including on strategic policy and regulatory ...

UK Votes to Leave the EU

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

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

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 ...

Covington Advises MagtiCom on Acquisition of ISP Cable Assets

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 ...

Covington Represents Graham Media in Purchase of Television Stations

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. ...

Former Prime Minister of Sweden Carl Bildt Joins Covington

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 ...

Three Covington Partners Among Top 100 Female Lawyers in California

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 ...

Covington Advises Award-Winning Producer on Creation of Media Company

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 ...

Covington Boosts European Public Affairs Practice with Erika Mann

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 ...

This is the first business to (legally) fly drones around Americans’ heads

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.

Better film IP protection, more diversified revenue

Jason Goldberg participated in a discussion at the Asia Leadership Roundtable forum titled "The Strategic Implications for Chinese Mainland and Hong Kong's Film Industry under the IP Era." China Daily quoted Goldberg, who said, "Movie companies should think long-term how IP protection can provide income in the future.” He continued, "The awareness of IP ...

Federal Courts Offer a Modern Interpretation of the VHS-Era Video Privacy Protection Act

Simon Frankel is quoted by the Cybersecurity Law Report discussing the modern interpretation of the Video Privacy Protection Act, which was first applicable to video cassette rentals in 1988. Even though it was updated in 2012, Frankel points out, “That’s sort of the broader trend – courts are really struggling with how the statute, not written for this [online] ...

C. William Phillips Named to the American College of Trial Lawyers

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

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 ...

Covington Opens Los Angeles Office

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 ...

Law360 Names Covington’s Media & Entertainment Practice One of Year’s Best

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

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 ...

Covington's Competition Law Practice Named to GCR Global Elite

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 ...

Covington’s Gibson Named Law360 MVP

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

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 ...

Covington, In-House Teams Get an Assist on NBA's TV Mega-Deal

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 ...

Covington Wins TMT: Data Protection at Legal 500 UK Awards

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 ...

Business of Law

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."

Covington Advises Microsoft in EUR 5.44 Billion Nokia Transaction

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 ...

Covington Wins Landmark Ruling for Tennis Channel

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 ...

Chambers USA Recognizes 106 Lawyers and 46 Practices at Covington

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

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 ...

Covington Boosts Cross-Atlantic Government Affairs with Jean De Ruyt

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

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 ...

Covington Bolsters Cross-Border M&A and Capital Markets with Kristian Wiggert

LONDON, 8 December, 2011 — Covington & Burling LLP is pleased to announce that Kristian Wiggert has joined the firm’s European corporate group as a partner in London. Mr. Wiggert is a US-qualified lawyer with extensive experience in cross-border financings, mergers and acquisitions, private equity and securities. His practice covers a wide range of industries, ...

Covington Helps Secure FEC Approval for Online Political Donation Platform

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

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

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 ...

Covington Named ‘Sports, Media & Entertainment Team of the Year’

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 ...

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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 (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 (2012-2019)
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 (2014-2019)
Best Lawyers in America: Administrative/Regulatory Law (2019)
Best Lawyers in America: Technology (2012-2019)

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Media and Internet

Representative Matters

Altice’s $9.1 Billion Suddenlink Acquisition

U.S. Appeals Court Shoots Down FCC Merger-Review Disclosure Order

Microsoft’s EUR 5.44 Billion Nokia Transaction

Tribune Company $2.73 Billion Acquisition of Local TV Holdings

NFL Sunday Ticket DirecTV Deal

Univision’s IPO

Educational and children’s privacy rules

ECPA advice to Microsoft

Eastman Kodak

Digital Domain

Addressing Regulatory Enforcement Actions

Developers of child-directed apps

Eastman Kodak Company

New online advertising products

National Public Radio privacy class action

Microsoft's acquisitions of Nokia and Skype

Microsoft Software Publisher Agreements

Digital Health Solution Regulatory Guidance

Strategy for Members of Industry Federation to Challenge Advertising Ban Imposed by EU Directive

Successful representation of Public Television Stations in FCC matter

Successful Mediation of Multi-Million Dollar Software Errors and Omissions Claims

Success in federal copyright infringement lawsuit

State-Owned Chinese Media Group

Sports Leagues on Broadband Issues

Sony Network Services' Negotiation of Agreement with Alltel

Sweepstakes and Other Commercial Promotions Relating to Advertising

Structuring and Guidance on Multi-Faceted Sponsorship Arrangements

Pathnet Telecommunications

Successfully Represented Communications Manufacturer in Proposed Debarment Before GSA

Association of Public Television Stations in Office of Communication of the United Church of Christ Inc., v. FCC

China Based Gaming Company in Popular Messenger App Investment

China-Based Gaming Company Corporate Venture Investments

Children’s privacy FTC inquiry

Children's Online Privacy Protection Act

Children’s Advertising Review Unit inquiry

Avnet Notes Offering

Cengage Learning, Inc.

Charter Communications

Advising Internet companies on advertising claims

Advertising terms and guideline

Altice Cross-Border Telecoms Acquisition

AOLs advertising businesses

Cedel International in its investment in U.S. Spanish Television Network

Cable One privacy class action

Aristocrat Leisure in Casino Gaming Technology Acquisition

AOL TCPA class action

AOL privacy class action

USTA in ESPN Broadcast Deal

USA Pavilion at the 2010 Shanghai World Expo

Univision Communications in Communications-Related Regulatory Matters

Two Major Hollywood Studios on Various Feature Films in China

Turner Broadcasting System, Inc. in CBS Sports and NCAA Matters

Verizon $1.7 billion pension plan error

Venture Negotiations and Public Policy Efforts for Pearl Mobile DTV

Verizon Communications’ $7.5 billion annuity purchase

Wireline Competition Before FCC for Client TDS Telecom

Washington National Cathedral in Copyright Matter in the U.S. District Court for the Eastern District of Virginia

Village Roadshow Limited (VRL) on Theme Park on Hainan Island

Village Roadshow Entertainment Group Asia on Multiple Matters

Verizon pension class action

Testified in Favor of and Played an Advisory Role in Crafting, Federal Legislation to Limit “Libel Tourism”

TerreStar Networks in Compliance Matter

Television Clients on Pre-Publication Review, Newsgathering and Subpoena Defense Issues

Specialty Equipment Manufacturers on FCC Compliance

Sony BMG Music Entertainment in Class Action Lawsuit

SES Americom on Advice and Advocacy at FCC and DOJ

San Francisco Digital Media Advisory Council Member

Rural Local Exchange Carrier with Telecommunications Issues

Two Major National News and Public Affairs Magazines and a National Newspaper on International Newsgathering and Libel Exposure Issues

Verizon in Dispute with RIAA

XM Satellite Radio on Insurance Claim

Yahoo! in Trademark Infringement Suit in U.S. District Court for the Central District of California

FujiPhoto Film Co ITC Section 337 Investigation

Hewlett-Packard ITC Section 337 Investigation

Samsung ITC Section 337 Certain Consumer Electronics Investigation

Numerous amicus briefs on behalf of The ERISA Industry Committee

Settlement in trade secrets case