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- Home
- Practices and Industries
- Transportation
Covington’s transportation lawyers have extensive experience handling a broad range of regulatory, antitrust, litigation, transactional, technology, and governmental affairs matters involving all modes of transportation, including rail, aviation, maritime, and trucking. We use our deep knowledge and understanding of the business and legal issues confronting our transportation clients in today’s highly regulated world to deliver strategic advice and representation that helps them resolve their most complex and challenging matters.
Regulatory
Our lawyers have deep knowledge of the regulation of transportation and have represented clients in a wide range of regulatory matters, including:
- Representing railroad, maritime and airline interests before the Surface Transportation Board, the Federal Maritime Commission, and the Department of Transportation in the United States;
- Representing airline interests before the Office of Fair Trading and the Competition Appeals Tribunal in the United Kingdom and the EU Court of Justice;
- Advising on agreements implementing IATA’s “e-Way Bill” initiative for cargo; and
- Advising on global data protection and privacy law compliance by airlines and an airline alliance, including designing a compliance approach for exchange of frequent flier data between alliance members.
Antitrust/Competition Law
The firm represents transportation clients in a wide range of antitrust and competition law matters, including:
- Carrier pricing and marketing practices, inter-carrier agreements, and joint ventures between carriers and suppliers or customers;
- Mergers, acquisitions, and pooling agreements;
- Distribution arrangements, including advice regarding agreements with airline Global Distribution Systems (GDSs); and
- Investigations by the Department of Justice and the EU Commission.
Government Affairs
The firm has provided a broad range of governmental affairs counsel to transportation clients on a variety of significant issues, including:
- Advising railroads on regulatory policy and legislation;
- Providing ongoing legislative counsel to a major airline; and
- Advising clients on highway policy and funding issues.
Insurance
Our top-ranked insurance practice has wide-ranging experiences helping transportation-sector clients worldwide recover insurance for a tremendous variety of losses, and advising them on insurance placements, contractual risk transfer and related issues. Our experience includes:
- Obtaining nine-figure recoveries for railroad losses from catastrophic derailments, accidents and natural catastrophes;
- Representing shippers, cargo interest-holders and resource extraction entities in marine and off-shore insurance disputes (including Exxon on the Valdez grounding);
- Representing global shipping, railroad, trucking and logistics companies in insurance disputes on a range of liabilities from asbestos to Longshore and Harbor Worker's Compensation Act; and grounding);
- Obtaining nine-figure recoveries for FELA claims (Federal Employee Liability Act) against railroads involving a wide range of alleged injuries.
- Advising airlines, railroads, transportation agencies and other entities on property, liability and cyber insurance placements and contractual risk transfer and insurance matters.
Litigation
Our lawyers have substantial experience with transportation-related litigation and arbitration matters, including:
- Litigating antitrust cases, breach of contract cases, customs cases, land use cases, merger-related securities cases, and arbitrations involving joint facility agreements for clients in the rail, airline, and freight forwarding industries in the United States; and
- Handling transportation-related litigation before the European Court of Justice and other European courts.
Transactions/Technology
Our firm has unique knowledge and experience in representing transportation clients in connection with their technology and distribution transactions, including:
- Contracts for large, mission critical IT systems for airlines, including successfully completing negotiations with Amadeus, HP, ITA Software, Google, Lufthansa Systems, and Sabre for reservations, inventory, availability, pricing, and merchandising systems;
- Sales and distribution agreements, such as negotiations with GDSs (Sabre, Amadeus, and Travelport), online travel agencies, metasearch engines, and other intermediaries, and dealing with issues associated with ownership and control of airline data;
- Rewards programs, including participation agreements and points exchange agreements;
- Online advertising agreements, including agreements for search campaigns and affiliate programs; and
- Cloud computing service agreements.
Leading Carriers of a Major Container Shipping Alliance in Their Global Strategy
Representing the leading carriers of a major container shipping alliance as they expand, deepen and widen their global cooperation.
Advising Consortium of German Automotive Companies
Advising a consortium of German automotive companies on the promotion of their technology platform to policy-makers and thought leaders in South Africa, including organizing a panel discussion designed to foster increased public-private collaboration with respect to autonomous technologies.
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.
American Airlines in Technology Services Agreements
Represented American Airlines in a software development and outsourced technology services agreement with HP for a next generation reservation, inventory, and availability system.
American Airlines Passenger Service System Contracts
Represented American Airlines in information technology services agreements with Amadeus, Sabre, HP, and ITA Software.
Goodyear Credit Facility Refinancing
Represented The Goodyear Tire & Rubber Company in a $620 million refinancing of a revolving credit facility for its European businesses.
Hapag-Lloyd and United Arab Shipping Company with EU Investigation
Representing Hapag-Lloyd and United Arab Shipping Company in connection with the Container Shipping investigation in the EU.
Criminal investigations of automotive manufacturers
Represent several Japanese and European manufacturers of automotive parts in investigations of alleged anticompetitive activity.
EU Commission container liner shipping investigation
We represent a major European carrier in the European Commission’s container liner shipping investigation into alleged collusion/abuse of dominance.
European counseling on distribution
We have significant experience advising clients on all aspects of their European commercialization networks, including the design and operation of exclusive and selective distribution systems, pricing/rebates, sales and rental channels, supply chain management, customer loyalty programs, dealer financing, central warehousing, consumer warranties, dealer termination, etc.
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.
Autonomous Vehicles Public Policy Counsel
We advise multiple stakeholders in the autonomous vehicle industry on public policy developments in the United States, Europe, and globally that impact this sector.
Advising the Bank of a Global German Car Manufacturer
Advising the bank of a global German car manufacturer on regulatory requirements in terms of the procurement of IT-infrastructure and IT-services from its parent company.
Autonomous Vehicles Public Policy Counsel
We advise multiple stakeholders in the autonomous vehicle industry on public policy developments that impact this sector in the United States, Europe, and globally. Matters have included working with a self-driving trucking company on policy initiatives.
July 6, 2020
BRUSSELS—Covington advised airBaltic on the notification to the European Commission of a €250 million recapitalization by the Latvian government. The measure was approved today under the EU’s Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak. In the second quarter of 2020, Member States and non-EU countries ...
March 15, 2018
LONDON—Robin Mizrahi has joined Covington as a partner and Laure Berthelot as special counsel in the firm’s Project Development and Finance practice. Based in London, Mr. Mizrahi and Ms. Berthelot will work closely with the firm’s project finance lawyers in Dubai, Johannesburg, London, New York, Seoul, and Washington. Their arrival follows the firm’s opening in ...
Covington to Open South Africa Office
May 7, 2017, Africa Capital Digest
Graham Vinter is quoted in an Africa Capital Digest article regarding the expansion of Covington's Project Finance practice with the arrival of four new partners and the opening of offices in Johannesburg and Dubai. “The team’s reputation in project finance is absolutely first class, and we are delighted with their decision to join the firm,” says Vintner. “Not ...
May 4, 2017, African Law & Business
Timothy Hester and Graham Vinter are quoted in an African Law & Business article regarding the expansion of Covington's Project Finance practice with the arrival of four new partners and the opening of offices in Johannesburg and Dubai. According to Hester, the additions are “a natural progression of our strategy to build a leading projects practice.” He adds ...
Team of Chadbourne partners opt against Norton Rose merger to launch two offices for Covington
April 27, 2017, Legal Week
Timothy Hester is quoted in a Legal Week article regarding the expansion of Covington's Project Finance practice with the arrival of four new partners and the opening of offices in Dubai and Johannesburg. According to Hester, “We have been focused on building our project finance capabilities for many years, and these opportunities fit very well with that ...
April 27, 2017, The Lawyer
Timothy Hester and Graham Vinter are quoted by The Lawyer in an article regarding the expansion of Covington's Project Finance practice with the arrival of four new partners and the opening of offices in Dubai and Johannesburg. According to Hester, “We have been looking to build our project finance team for a long time." He adds, "This group became available to ...
Covington Expands into Dubai and Jo'burg
April 27, 2017, IJ Global
Graham Vinter is quoted in an IJ Global article regarding the expansion of Covington's Project Finance practice with the arrival of four new partners and the opening of offices in Dubai and Johannesburg. According to Vinter, “We already have strong ties in the Middle East and North Africa region and want to be at the table when countries in that region launch ...
April 27, 2017, The American Lawyer
Timothy Hester is quoted in an American Lawyer article regarding the expansion of Covington's Project Finance practice with the arrival of four new partners and the opening of offices in Dubai and Johannesburg. According to Hester, the firm’s Chadbourne recruits in Dubai and Johannesburg will create a bridge between Covington’s outposts in Africa, Asia, Europe ...
September 26, 2016
LONDON—Graham Vinter, General Counsel of BG Group plc from 2007 until 2015, has joined Covington’s London office. Mr. Vinter will chair the firm’s Project Finance practice and supervise an expansion of the firm’s capabilities in this area. At BG Group, Mr. Vinter was a member of the Group Executive Committee and reported to the Chief Executive Officer. He was ...
- Ranked by Chambers USA as a leading Transportation practice in the Rail sector (2019).
- Ranked by U.S. News and Best Lawyers as a first-tier Transportation practice (2013).
- Michael Rosenthal, the chair of the Transportation Practice Group, has been recognized as one of the leading transportation lawyers in the country by Chambers USA and Best Lawyers in America.
- Jack Schenendorf has served as Vice-Chair of the National Surface Transportation Policy and Revenue Study Commission to review and make recommendations concerning alternative ways to finance the nation’s infrastructure, has been recognized as one of the leading transportation lawyers and government relations lawyers by Best Lawyers in America, and has been named “2013 Transportation Lawyer of the Year” by Best Lawyers in America.
- Nigel Howard is ranked as a leading lawyer in International Who’s Who of Aviation Lawyers, Best Lawyers in America, and Chambers USA.
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