Litigation and Investigations

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Covington litigators have a well-deserved reputation for handling novel, complex, and high-stakes disputes. Our experience spans multiple disciplines and venues, and includes litigation against both private party litigants and government authorities.

Our clients turn to us for their toughest challenges. We handle bet-the-company antitrust, class action, insurance recovery, and intellectual property litigation; defend against ever more aggressive enforcement actions by national and local government agencies; and tackle their most complicated international disputes.

By developing case themes early, focusing our discovery efforts on the key issues, and demonstrating the ability and drive to take the case to trial, we put our clients in the best position to win—whether through a verdict, a dispositive motion, or a negotiated resolution.

Vast Trial Experience

Our senior litigators, which include six members of the American College of Trial Lawyers, have successfully tried hundreds of jury and bench trials.

Regulatory and Industry Expertise

We have a leg up on our competition because of our ability to staff litigation matters with multi-disciplinary teams that take advantage of the firm’s market-leading regulatory practices and our deep expertise in the special characteristics and challenges of particular industries.

Global Reach

Our litigators appear before national and international courts in Europe, state and federal courts and enforcement agencies throughout the US, and arbitral tribunals throughout the world; we also counsel our clients in cross-border disputes involving Europe, Asia, Africa, the Middle East, and the Americas, utilizing a trusted team of foreign lawyers and our own expert team of former diplomats and advisers.

Savvy Case Management with a Focus on Value

We work in close collaboration with our clients to manage litigation efficiently; reduce and make costs more predictable through alternative fee arrangements; and find creative ways to resolve cases early.

Broad Resources

Our litigation teams are strengthened by our extensive e-discovery capabilities, our technological resources for managing information and preparing trial exhibits, and our ability to collaborate efficiently across firm offices.

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Tax Court Litigation Resulting in Government Concession of over $250 million in Adjustments Plus an Additional Refund of $15 million

Prior to trial, obtained a concession from the Government with respect to adjustments of over $250 million relating to a worthless partnership interest deduction, and identified computational errors resulting in additional refunds of $15 million. JELD-WEN v. Commissioner, Tax Court Docket No. 003055-14.

Successful Settlement of IPR Proceedings for Knowles Electronics, LLC

Representation of Knowles Electronics, LLC as patent owner in four IPR proceedings relating to silicon microphone packages and MEMS microphones, all of which were successfully terminated by settlement. Covington also represented Knowles in the co-pending litigation, which successfully settled.

Successful Resolution for Bockstar Technologies in an IPR Proceeding

Representation of Bockstar Technologies LLC as patent owner in an IPR proceeding brought by Cisco Systems Inc., challenging the validity of four patents related to routers, switches, and computerized telephony. Covington filed substantive initial responses for three of the four petitions. In decisions on February 2 and 3, 2015, the PTAB rejected one of the petitions in its entirety, and instituted only as to a single patent claim in a second petition—effectively eliminating half of Cisco’s petitions at a single stroke. The proceedings were terminated shortly thereafter as part of a global settlement.

State of Eritrea's boundary dispute with Ethiopia

Represented the State of Eritrea in the successful resolution of its boundary dispute with Ethiopia. We advised Eritrea during the negotiations that produced the December 2000 agreement ending the two-year Eritrea-Ethiopia border war. Covington then represented Eritrea before the commission established to delimit and demarcate the boundary between the two countries. This representation included preparation of arbitral memorials as well as participation in oral hearings before the Eritrea-Ethiopia Boundary Commission in The Hague. The Commission delivered its delimitation decision on April 13, 2002. We continue to represent Eritrea in connection with the demarcation process.

Tax Court Victory Following Trial in Matter Involving over $350 million of Adjustments

Obtained a complete taxpayer victory following a trial in the Tax Court involving adjustments of over $350 million relating to homebuilder’s use of the completed contract method of accounting. The case represented, by dollar value, the largest taxpayer victory in the Tax Court in 2014. Currently represent taxpayer before the Ninth Circuit Court of Appeals in connection with the Government’s appeal of the case. Shea Homes v. Commissioner, 142 T.C. No. 3 (2014).

Successful Resolution of Peregrine IPR Proceeding and Litigation

Representation of Peregrine Semiconductor as patent owner in an IPR proceeding brought by RF Micro Devices. The patent is directed to high frequency RF switches for 4G access technologies. Covington also represented Peregrine in the co-pending litigation. Both the IPR and the litigation were settled successfully for Peregrine.

Successful Representation of Spanish Investors in Yukos Oil Company in Arbitration Against Russia

Represented Spanish investors in Yukos Oil Company in an SCC arbitration against the Russian Federation arising from Russia’s expropriation of the company. The tribunal issued an award in our clients’ favor that valued Yukos at more than $60 billion at the time the company was expropriated.

BAIC and WFUM Solvent Schemes

Represented clients, including Exxon Mobil Corporation, Goodrich, Goodyear, and Textron in opposing efforts by solvent London Market companies to use so-called “solvent schemes of arrangement” to curtail their coverage obligations to policyholders facing long-tail liabilities, such as asbestos, silica, or environmental claims.

Advised client of risk mitigation techniques during contract formation

Counseled a major defense contractor on how to mitigate potential future tort risk during contract discussions with the U.S. government. The military wanted the contractor to provide support for a significant anti-terrorism initiative, and the contractor needed advice on how best to structure the contract to minimize its risk and maximize its protection in the event of third-party claims arising from its contract performance.

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.

U.S. Department of Labor and Internal Revenue Service Investigations

Resolved contentious investigations by the US Department of Labor and Internal Revenue Service, in which the government took positions that exposed our clients to many millions, and in some cases over $1 billion, of potential liability. In several of these cases, we replaced counsel that was unable to reach agreement with the government, when litigation appeared to be imminent.

Transfer Pricing Resolution for More Than $3.3 Billion in Transactions

Served as lead U.S. counsel on negotiations for bilateral advance pricing agreement that proposed a transfer pricing methodology that was new to the industry and the two treaty countries; successfully assisted the two treaty countries in reaching agreement and voiding binding arbitration in dispute spanning 14 tax years and involving intercompany transactions of more than $3.3 billion.

Wells Fargo in Connection with Federal Reserve Board Investigation

Represent Wells Fargo & Co. and Wells Fargo Financial, Inc. in connection with a Federal Reserve Board investigation, enforcement action involving allegations of customer income alteration and customer steering by Wells Fargo Financial sales personnel in originating nonprime mortgage loans—and with implementation of the resulting consent order.

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.

Representation of Knappco in PTAB Proceedings

Representing Knappco, a subsidiary of Dover Corporation, in an IPR against CHS Inc. regarding systems and methods to reduce the potential for unintentional mixing of liquid types in tank systems. In June 2016, the PTAB instituted proceedings on all claims on all grounds. The patent owner failed to file any responsive papers, and the PTAB entered adverse judgment against CHS cancelling all challenged claims.

Fifteen IPR Proceedings for Aristocrat Technologies Inc.

Representation of Aristocrat Technologies Inc. in patent infringement litigation brought by IGT on an array of patents directed to gaming devices. On behalf of Aristocrat, Covington prepared and filed IPR petitions on eleven patents, and Covington represented Aristocrat as the patent owner in four IPR proceedings initiated by IGT. The parties reached a favorable settlement ahead of the litigation, and have terminated all of the IPR proceedings.

Victory for BMS and Eli Lilly in Copyright Infringement Matter

Secured a sweeping victory for our clients BMS and Eli Lilly. In 2006, BMS/Lilly hired Consumer Health Information Corporation (“CHIC”) to develop patient education materials for their injectable diabetes drug BYETTA. The contract expressly designated these as works made for hire and assigned CHIC’s interest in these materials to BMS/Lilly. BMS/Lilly later terminated CHIC, and CHIC sued for copyright infringement in D.C. district court in 2008, but voluntarily dismissed the action in 2009. Last July, CHIC sued again in the Southern District of Indiana. In an attempt to avoid the contractual ownership provisions, CHIC alleged “economic duress” and sought rescission. CHIC's infringement claim sought to recover our clients' profits, allegedly “in excess of several billions of dollars.” Judge Pratt dismissed the complaint with prejudice, ruling that two separate statutes of limitation barred CHIC’s infringement claim. First, the Court held that the claim was barred by the Copyright Act’s three-year statute of limitations. The Court accepted Covington’s argument that, because the case turned on ownership, not use, the continuing violation doctrine did not apply. The Court pointedly noted the inequity of allowing CHIC to wait while BMS/Lilly developed a market only to “pounce on the prize” years later. Separately, the Court held that the ownership provisions expressly assigned ownership to BMS/Lilly, and that CHIC’s attempted rescission was barred by California’s four-year statute of limitations. The Court also rejected CHIC’s outrageous attempt to invoke equitable tolling by arguing that its own (former) attorneys had dismissed its 2008 action without its consent and subsequently concealed the dismissal from CHIC.

Xerox plan administrator Supreme Court victory

Secured victory for Xerox in the Supreme Court on the deference owed plan administrators. Coming into the case after an adverse decision in the Second Circuit, and despite vigorous opposition from the Solicitor General, the Department of Labor, and the Internal Revenue Service, we persuaded the Supreme Court that the lower courts erred in refusing to give deference to the plan administrator's reasonable interpretation of the plan made in the course of litigation after his pre-litigation interpretation was held to be mistaken.

Secured dismissal of ERISA claims against BNY Mellon

Persuaded plaintiffs to dismiss voluntarily ERISA “stock drop” claims against our client, the independent fiduciary of BNY Mellon Corp.’s employer stock fund, by filing motion to dismiss. In re Bank of New York Mellon Corp. Foreign Exch. Trans. MDL (Sansano v. Fiduciary Counselors) (S.D.N.Y. 2012).

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.

Victory in “Stock Drop” lawsuit

Persuaded Third Circuit to vacate a district court's certification of a class of participants in a "stock drop" lawsuit against our client Schering Plough that alleged breach of fiduciary duty for imprudent retention of a company stock fund in a 401(k) plan. In re Schering Plough Corp. ERISA Litig., 589 F.3d 588 (3d Cir. 2009).

Persuaded the IRS Examination Division to Close Out Transfer Pricing Audit With No Adjustment

Persuaded the IRS Examination Division to close out with no transfer pricing adjustment an audit involving a novel transfer pricing methodology and intercompany transactions in excess of $1.5 billion and to skip auditing the company for the next two years. The issues under audit were considered by a senior team of three government economists and nearly a dozen agents.

Persuaded IRS Appeals to Reverse Proposed Adjustments of More Than $250 million

On behalf of a national healthcare company, persuaded IRS Appeals Division to reverse, in their entirety, over $275 million of proposed adjustments related to the company’s income accruals. Following resolution, IRS Examination Division agreed to no longer raise the issue and to skip auditing the taxpayer for at least a year.

Won TRO Fight for Lilly in Co-Promotion Dispute Regarding Important Diabetes Drug

Successfully defended Lilly against contract and antitrust claims brought by Amylin relating to an injectable diabetes treatment. We convinced the court to dissolve a TRO and deny a preliminary injunction, allowing Lilly to proceed with promotional activities for important medicine.

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.

Samsung ITC Section 337 Investigations

Representation of Samsung in the ITC Section 337 Investigations: Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software, USITC Inv. No. 337- TA-882 (Respondent); Electronic Devices, Including Handheld Wireless Communication Devices, USITC Inv. No. 337-TA-673 (Respondent); and Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components, USITC Inv. No. 337-TA-663 (Respondent).

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).

A-DATA Technology Co., Ltd, A-DATA Technology (USA) Co. Ltd., and International Products Sourcing Group, Inc. ITC Section 337 Investigation

Representation of A-DATA Technology Co., Ltd, A-DATA Technology (USA) Co. Ltd., and International Products Sourcing Group, Inc. in the ITC Section 337 Investigation: Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (III), USITC Inv. No. 337-TA-630 (Respondents).

$52 Million Jury Verdict for Caliper Life Sciences in Trade Secret Misappropriation

Representation of Caliper Life Sciences in which we secured a $52 million jury verdict of trade secret misappropriation in California state court related to microfluidics technology. Two related patent infringement cases settled shortly thereafter on terms favorable to our client.

Defense of VIMPAT Patent for Research Corporation Technologies Inc., Harris FRC Corporation, and UCB, Inc.

Represented Research Corporation Technologies, Inc., and licensees Harris FRC Corporation, and UCB, Inc. in a series of six IPR proceedings filed by various generics companies, challenging the patent claiming Vimpat®, UCB’s anti-epileptic drug. The first petition, filed by Actavis, Inc. in 2014, was denied institution. The second petition, filed by Argentum Pharmaceuticals LLC in 2015, was later joined to another four IPR petitions filed by Alembic Pharmaceuticals, Breckenridge Pharmaceutical, and Mylan Pharmaceuticals. The PTAB entered a final written decision on March 22, 2017 entirely rejecting all the challenges and upholding all claims of the patent. In concurrent district court litigation (in which we also represented UCB), the court rejected all the generics’ invalidity arguments in August 2016.

Reexamination, CBM and Litigation Victories for Ariba, Inc.

Representation of Ariba, Inc. as patent owner in a CBM proceeding relating to operating resource management systems. Covington also represents Ariba in the co-pending litigation. The CBM proceeding was terminated following successful settlement of the patent infringement aspect of the litigation. We have also represented Ariba as requester in two inter partes reexamination proceedings relating to a business-to-business electronic clearinghouse. All original patent claims, as well as claims added during both reexamination proceedings, were rejected. Favorable settlement for Ariba was promptly obtained pursuant to filing of the reexamination requests.

Recognition and enforcement of ICC award

Representation of a global consumer products company in connection with recognition and enforcement matters arising out of a favorable ICC award issued in the United States, a related U.S. confirmation ruling, and conflicting judicial proceedings in Brazil brought by joint venture partners who are dissatisfied with the ICC arbitration award.

Representation of Amoco before the Iran-U.S. Claims Tribunal

Representation of Amoco (now BP America) against the Islamic Republic of Iran before the Iran-U.S. Claims Tribunal. We obtained an award of over US$850 million, one of the largest awards ever rendered by that tribunal and one of the largest arbitration awards ever fully paid by a respondent state.

Brady v. National Football League

Covington successfully represented the National Football League in a class-action antitrust case in which the NFL Players Association and ten prominent players sought to enjoin the NFL’s lockout of its player-employees. The U.S. Court of Appeals for the Eighth Circuit ruled for the National Football League, vacating the injunction entered by the District Court on the ground that the injunction violated the Norris-LaGuardia Act, which prohibits judicial interference in labor disputes.

AstraZeneca in $1.26 Billion Acquisition of Ardea Biosciences

Representation of AstraZeneca in its $1.26 billion acquisition of Ardea Biosciences. Under the agreement, AstraZeneca will pay $32 per share for all of the outstanding shares of Ardea. AstraZeneca is a global, innovation-driven biopharmaceutical business with a primary focus on the discovery, development and commercialization of prescription medicines for gastrointestinal, cardiovascular, neuroscience, respiratory and inflammation, oncology and infectious disease. Ardea is a biotechnology company based in San Diego, California, focused on the development of small-molecule therapeutics for the treatment of serious diseases.

Amylin Pharmaceuticals, Inc. v. Eli Lilly and Company

Covington successfully represented Eli Lilly and Company in a significant commercial dispute with a business partner. The U.S. Court of Appeals for the Ninth Circuit affirmed the District Court’s denial of Amylin’s motion for a preliminary injunction that would have limited the medications that Lilly’s diabetes sale force could promote.

Representation of U.S. energy companies in an ICSID arbitration against Argentina

Representation of U.S. energy companies, which were then subsidiaries of E.ON, in an ICSID arbitration against Argentina arising out of measures taken by the government against the claimants’ investments in gas-distribution companies in Argentina, resulting in an award for damages (annulment proceedings pending).

Representation of the Kingdom of Jordan in securing dismissal of ICSID denial of justice claims

Representation of the Kingdom of Jordan in securing dismissal of ICSID denial of justice claims brought by a Turkish contractor relating to the collapse of a dike in the Dead Sea. In its award, the tribunal went on to state that, even if there had been jurisdiction, it was “unconvinced” by claimant’s denial of justice claim.

Representation of Samsung Electronics Company, Ltd. in Two IPR Proceedings

Representation of Samsung Electronics Company, Ltd. as petitioner in two IPR proceedings adverse to patent owner Boston University relating to gallium nitride semiconductor devices. The two proceedings were terminated following successful settlement of the underlying litigation, in which Covington represented Samsung.

Representation of Petrotrin in construction dispute

Representation of Petrotrin, the state-owned integrated oil and gas company of the Republic of Trinidad and Tobago, in a dispute arising out of a project with World GTL Inc. and its subsidiary, World GTL of St. Lucia Ltd. (together "WGTL"), to construct a gas-to-liquids plant for the processing of natural gas in the Republic of Trinidad and Tobago. (Awaiting award)

Representation of MTD and its subsidiary in an ICSID arbitration against Chile

Representation of MTD, a Malaysian construction and development company and its subsidiary in an ICSID arbitration against Chile concerning claims for breach of the bilateral investment treaty between Malaysia and Chile, resulting in an award for the claimants that was sustained in annulment proceedings.

Representation of former president of the Asian Football Confederation in FIFA-related arbitration

Representation of Mohamed Bin Hammam, former president of the Asian Football Confederation, in his successful challenge to his FIFA-ordered lifetime ban from football (soccer) before the Court of Arbitration for Sport. Bin Hammam had been banned for alleged vote-buying on the eve of the election for FIFA’s Presidency, in which he was the only challenger to the re-election of Sepp Blatter. In July 2012, the three-judge panel found insufficient evidence and annulled the ban.

Representation of Coalition of Oil and Gas Companies in Efforts to Pursue California Offshore Oil and Gas Leases

A coalition of eleven oil and gas companies whose efforts to pursue development of their California offshore oil and gas leases were thwarted by the federal government, recovering more than $1.0 billion, including judgment after trial on complex geological and reservoir engineering issues.

Representation of an international beverage company in LCIA and UNCITRAL arbitrations

Representation of a leading Caribbean-based international beverage company in an LCIA arbitration against the former controlling shareholders of a major European-based company that was acquired by our client and in successfully handling a London-sited UNCITRAL arbitration administered by the LCIA.

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.

Ad hoc commercial arbitration against property insurer

Representation of the owner of a major oil refinery in Texas in an ad hoc commercial arbitration against an offshore property insurer, seeking insurance coverage for an US$82 million loss sustained as a result of a criminal wire fraud conspiracy relating to shipping contracts for the transport of crude oil from South America to the U.S.

In re Automotive Wire Harness Systems Antitrust Litigation

Representing S-Y Systems Technologies Europe, GmbH, the only defendant dismissed in its entirety from the wire harness price-fixing litigation, which is the lead case in the sprawling Automotive Parts Antitrust Litigation pending in Detroit. The court granted motion to dismiss, on personal jurisdiction grounds and did not grant the plaintiffs’ request for jurisdictional discovery.

Internal investigation for a major U.S. financial institution

A cross-office team conducting an internal investigation for a major U.S. financial institution of allegations that the bank assisted Argentine nationals evade taxes and launder money. We are also coordinating the bank's global defense strategy, which includes leading strategy meetings with local Argentine defense counsel, and interfacing with key U.S. officials in the U.S. and in Argentina.

Advised on groundbreaking “pension derisking” transactions involving billions of dollars, including the following:

Represented 21st Century Fox on a spinoff and termination of its pension plan, including the accompanying group annuity purchase.
Represented Verizon Communications on its pension plan’s $7.5 billion annuity purchase (one of the largest pension annuitization transactions in U.S. history), and successfully defended Verizon against an attempt by retirees to block the transaction in court.
Represented Fiduciary Counselors on two pension derisking transactions, each involving a transfer of over $500 million in liabilities to insurance companies.

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.

In re Zyprexa Products Liability Litigation

Covington successfully represented Eli Lilly and Company in a major RICO class action involving the prescription drug, Zyprexa. After the District Court denied Lilly’s motion for summary judgment and certified a class of tens of thousands of “third party payor” plaintiffs, the U.S. Court of Appeals for the Second Circuit reversed those decisions, holding that the case could not proceed as a class action, and that Lilly was entitled to summary judgment on plaintiffs’ claim that the price of Zyprexa was too high.

In re K-Dur Antitrust Litigation

Representing Schering-Plough (now Merck) in multi-district class action litigation challenging so-called reverse payment settlements of pharmaceutical patent litigation. Obtained denial of certification of indirect purchaser class, after which indirect purchasers voluntarily dismissed their case. The team previously defeated the FTC at trial in an action on the same facts, and will now have the opportunity to resolve the direct purchaser portion of the case under a recent Supreme Court decision.

International arbitration against Canada under NAFTA

Representation of Eli Lilly and Company in an international arbitration against Canada under Chapter 11 of the North American Free Trade Agreement. Lilly seeks $500 million in compensation for the expropriation of its patent rights under Canada’s unique promise utility doctrine and other treaty violations.

Former CEO of IndyMac Bancorp in Litigation

Representing the former CEO of IndyMac Bancorp in matters arising out of the failure of IndyMac Bank, including knocking out all but one claim in SEC’s once wide-ranging securities enforcement case and settling the last remaining claim, without admitting or denying liability, as a negligence-based claim for $80,000 and a commitment to comply with the securities laws; successfully resolving an FDIC lawsuit; and defending against and/or successfully resolving several securities class action lawsuits, mortgage-backed securities cases, and purported ERISA class action lawsuits.

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.

Transfer of major construction dispute from state to federal court

Removed a construction dispute involving several hundred million dollars from state to federal court, which was a superior forum for asserting various federal defenses on behalf of our government contractor client. We defeated the plaintiff’s efforts to send the case back to state court, successfully arguing that the case properly was removed under the federal officer removal statute because of the significant role played by the federal government in the construction project.

Support of derivative sovereign immunity defense through Supreme Court amicus brief

Filed a Supreme Court amicus brief on behalf of a government contractor trade association in support of a U.S. Navy contractor being sued for unwanted text messaging. The proposed class action raised significant questions regarding the application of derivative sovereign immunity to private contractors performing work on behalf of the federal government.

GSK DOJ pharmaceutical investigation

Represented GlaxoSmithKline (GSK) in resolving a complex criminal and civil investigation by the United States Department of Justice. The multi-faceted investigation had a broad focus, including issues relating to GSK’s sales and marketing practices for numerous products, its regulatory submissions relating to Avandia, and the company’s use of the nominal price exception under the Medicaid Rebate Program.

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.

Merck ITC and District Court Litigation

Representation of Merck & Co. before the ITC and in the Eastern District of Virginia in cases involving Merck’s blockbuster NuvaRing® contraceptive product. After the first day of the evidentiary hearing, the complainant dismissed their ITC complaint and subsequently dismissed their district court complaint as well. Certain Vaginal Ring Birth Control Devices.

McGraw-Hill and Other Major Textbook Publishers in Gray Goods Trademark and Copyright Litigation

Representation of McGraw-Hill and other major textbook publishers in gray goods trademark and copyright litigation in the United States District Court for the Eastern District of New York to prevent the illegal importation and sale over the Internet of textbooks published abroad and not intended for sale in the United States.

McCarrell v. Hoffmann-LaRoche Inc. and Roche Laboratories Inc.

Covington scored a major victory for Hoffmann-La Roche when, for the second time, the firm convinced the New Jersey Appellate Division to reverse a 2010 state court verdict in a case regarding side effects of the manufacturer’s drug Accutane. Covington has prevailed in all thirteen appeals in the Accutane litigation and has obtained reversals of all six adverse jury verdicts that have received appellate review.

Representation of ExxonMobil subsidiaries in a ICSID arbitration against Venezuela

Representation of ExxonMobil subsidiaries in a pending ICSID arbitration against Venezuela seeking full compensation under the Netherlands-Venezuela bilateral investment treaty and international law for the expropriation of investments in Venezuela. We successfully obtained US$900 million for ExxonMobil in a companion commercial arbitration described above.

Major Victory for Atmel in Patent Dispute

Representation of Atmel in a major victory where plaintiff Agere claimed that Atmel infringed four semiconductor patents, including what it touted as its key tungsten patents, and sought damages of approximately $200 million as well as enhancement for claimed willful infringement. After a three-week trial, the jury returned a verdict in Atmel’s favor; invalidating the tungsten patents, finding the fourth not infringed as well as invalid, and awarding Agere no damages.

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.

Multi-million dollar shareholder dispute

Representation of Prime International Alliance Inc. in a shareholders’ dispute against its joint venture partner, Erin Resources S.A., concerning control over a multi-million dollar oil transshipment terminal in Russia, whereby Erin alleges frustration and/or breach of a shareholders’ agreement as a consequence of the European Union imposing sanctions on Prime’s beneficial owner.

Janssen Pharmaceuticals Hatch-Waxman litigation

Representation of Johnson & Johnson subsidiary Janssen Pharmaceuticals in Hatch-Waxman litigation against Lupin relating to the Ortho Tri-Cyclen® Lo patent. After a full trial on the merits, the court held that the patent was valid and enforceable. We subsequently obtained a highly favorable settlement for our client.

IPR Proceeding Victory on Behalf of Texas Instruments

Representation of Texas Instruments Incorporated (“TI”) as petitioner in an IPR proceeding relating to monolithic battery chargers. In a clean sweep victory in a patent office trial, the patent owner, Unifi Scientific Batteries (“USB”) ultimately requested judgment in TI’s favor. USB had sued TI in the Eastern District of Texas in March 2012, alleging infringement of its patent directed to monolithic battery chargers. In March 2013, Covington filed a petition on behalf of TI in the Patent Office seeking invalidation of 16 claims. One week before oral argument, USB filed a Request for Adverse Judgment, disclaiming all of the 16 challenged claims. In June 2014, the Patent Office granted the Request and entered the judgment, successfully ending the trial. Covington also represented TI in the co-pending litigation, which settled successfully.

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. In March 2014, 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.

Salix Pharmaceuticals in $2.6 Billion of Santarus, Inc.

Representation of Salix Pharmaceuticals, Ltd. in its acquisition of Santarus, Inc. for a total value of approximately $2.6 billion. The transaction closed on January 2, 2014. According to Carolyn Logan, Salix President and Chief Executive Officer, “The acquisition of Santarus is a transformational event for Salix and an important milestone in our growth as the leading gastroenterology-focused specialty pharmaceutical company in the United States.”

Robertson v. United States ex rel. Watson

Covington successfully represented Wykenna Watson in a constitutional challenge to a District of Columbia law that allows victims of domestic abuse to pursue criminal contempt proceedings for violations of civil protective orders. Following oral argument, the Supreme Court agreed with Covington’s suggestion that the case should be dismissed.

National Federation of Independent Business v. Sebelius

The Supreme Court appointed Covington’s Robert Long to brief and argue a preliminary issue in this case: whether the Anti-Injunction Act barred challenges to the minimum coverage provision of the Patient Protection and Affordable Care Act of 2010. Covington’s arguments were relevant to the Court’s ultimate holding that Affordable Care Act’s penalty for failing to obtain health insurance is a tax for constitutional purposes.

Successful Resolution of Multiple IPR Proceedings on Behalf of Petitioner Samsung

Representation of Samsung Electronics Company, Ltd. as petitioner in nine IPR proceedings relating to mobile communications and network-enabled audio/video devices and players. Samsung prevailed in all nine of the IPR proceedings. After oral argument in two of the proceedings, the Board issued Final Written Decisions finding all challenged claims unpatentable. Black Hills requested adverse judgment on all challenged claims in five of the proceedings, and filed motions to amend to cancel the challenged claims in the remaining two proceedings.

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.

Comprehensive compliance program update

Advising a multinational chemical manufacturer regarding updates to its integrated compliance program, developing a three-year plan for a comprehensive update, and helping the company assess risk and update its existing policies and procedures in the areas of anti-corruption, third party due diligence and monitoring, and investigations.

LaRue v. DeWolff, Boberg & Assocs., Inc., 128 S. Ct. 1020 (2008) (counsel for amicus)

The U.S. Supreme Court held that a participant stated a colorable ERISA fiduciary breach claim for losses stemming from the alleged failure to implement investment directions for his 401(k) plan account. In a concurring opinion, Chief Justice Roberts cited our amicus brief for The ERISA Industry Committee in stating that such actions might need to be brought as benefits denial claims and subjected to exhaustion of administrative remedies.

Cole Taylor Bank in Federal Reserve Board Investigation

Representing Cole Taylor Bank, now part of MB Financial, in Federal Reserve Board (and Illinois banking department) investigation and consent cease and desist/civil money penalty order alleging violations of consumer protection laws with respect to deposit products provided by the bank through a third party that offered financial aid refund disbursement services to higher education students.

Co-counsel in arbitration relating to alleged breaches of a bilateral investment treaty and several production-sharing agreements

Representation of a Perenco affiliate as co-counsel in a pending ICSID arbitration relating to alleged breaches of a bilateral investment treaty and several production-sharing agreements, with claims valued in the hundreds of millions of dollars.

Co-lead counsel in successfully obtaining one of the largest BIT/ICSID awards

Representation of Occidental Petroleum and an affiliate, as co-lead counsel, in successfully obtaining the largest BIT/ICSID award rendered to date (approximately US$2.3 billion, including interest) in an arbitration against Ecuador for breaches of the U.S.-Ecuador bilateral investment treaty and a production sharing agreement.

Credit Suisse AG in connection with Federal Reserve Board Investigation and Consent Order

Representing Credit Suisse AG in connection with Federal Reserve Board investigation and Federal Reserve Board Consent Order to Cease and Desist and Assessment of Civil Money Penalty with respect to allegations that Credit Suisse assisted U.S. taxpayers with opening of foreign accounts to avoid required U.S. tax reporting and related matters—and in connection with implementation of requirements of the Order.

Cradle IP v. Texas Instruments

Covington successfully defended Texas Instruments in patent litigation alleging infringement by a broad array of digital signal processors sold by TI. After the District Court of Delaware granted TI’s motion for summary judgment of non-infringement regarding all accused products except one, the Federal Circuit granted a complete win to TI on appeal.

Center for Sustainable Economy, Petitioner v. Sally Jewel and Bureau of Ocean Energy Management, Respondents American Petroleum Institute, et al., Intervenors

Covington successfully represented the American Petroleum Institute, Independent Petroleum Association of America, U.S. Oil & Gas Association, and International Association of Drilling Contractors in a lawsuit seeking to block a federal program which provides the basis for all oil and gas leasing in offshore federal waters. The D.C. Circuit ruled that the Government had rationally and appropriately balanced the environmental, social, and economic values at stake in proceeding with the leasing program.

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.”

Cross-border trade, anti-corruption, and data compliance

Advising a major petrochemical company regarding its establishment of an integrated compliance program, with particular focus on the areas of U.S. and European trade controls, anti-corruption, and data privacy. Our representation includes assistance with establishing a corporate compliance office, assessing risks in these areas, drafting the necessary policies and procedures tailored to company risks and operations, and implementing the program through training and assessment.

Defeated Claims for Museum of Fine Arts, Boston

On behalf of the Museum of Fine Arts, Boston, defeated claims by parties seeking to attach Persian antiquities in efforts to enforce a judgment against Iran, Rubin v. Museum of Fine Arts, Boston (1st Cir. 2013), and claim to Austrian expressionist painting, Museum of Fine Arts, Boston v. Seger-Thomschitz (1st Cir. 2010).

ERISA litigation in the Supreme Court

Successfully handled important ERISA litigation in the Supreme Court, including Conkright v. Frommert, 130 S. Ct. 1640 (2010) (requiring deference to the plan administrator’s interpretation of a plan, even though the administrator had previously relied on provisions that were not properly added to the plan), and Kennedy v. Plan Adm’r for Dupont Sav. & Invt. Plan, 129 S. Ct. 865 (2009) (applying ERISA’s “plan document” rule to affirm unanimously a plan administrator’s decision to follow a beneficiary designation that gave rights to a participant’s former spouse, even though a divorce decree had stated that the former spouse gave up her rights).

Debt/Equity Classification for $2 Billion Instrument

Obtained an appeals reversal of a transfer pricing adjustment involving more than $400 million of proposed adjustments, reversals of $285 million of subpart F income, and reversal of proposed earnings and profits adjustment of almost $300 million in connection with the debt/equity classification of a $2 billion instrument.

DuPont plan administrator Supreme Court victory

Secured a unanimous Supreme Court decision holding that DuPont’s plan administrator “did its statutory ERISA duty” when it paid deceased worker’s retirement benefits to his ex-wife, whom he had named as beneficiary in plan documents, even though his ex-wife gave up any interest in the benefits in their divorce decree.

$3.6 Million Jury Verdict in Favor of World Marketing, Inc. in Trademark Dispute

Won a $3.6 million jury verdict in California federal court after a jury found that apparel giant Quiksilver, Inc. willfully infringed World Marketing, Inc.’s longstanding federally registered “VISITOR” brand. Following a six-day jury trial, the eight-member jury unanimously found that Quiksilver willfully infringed World Marketing’s brand after launching its clothing and apparel brand VSTR, which it pronounced “visitor.” World Marketing, a family-owned company based in New York, has been selling clothing and apparel under its registered VISITOR trademark for more than 20 years, including at stores like Saks Fifth Avenue, Macy’s, and Men’s Wearhouse.

Trial Win in Civil Forfeiture Case For Car Exporters Who Had to Prove Their Innocence

Following a seven-day jury trial in the Southern District of New York, our litigators won a jury verdict in favor of Efans Trading Corporation and Unicorn Tire Corporation in a high-profile civil forfeiture case involving the export of high-end luxury cars to China. Our clients ran two companies—Unicorn Tire, a tire import business, and Efans Trading Corporation, which bought and exported high-end luxury automobiles to China. In 2013, the Government seized 47 vehicles and over $3.3 million in funds based on the allegation that Efans had defrauded dealers and manufacturers, and that Unicorn had provided essential facilitation of that crime. At the February 2017 trial, because of the unusual civil forfeiture context, we had the burden of proving that our clients had not committed mail and wire fraud, as the Government alleged. Based on the evidence of dealership knowledge, lack of harm, and Claimants’ good faith belief that their business was proper, it took jurors three hours to return a verdict for our clients, answering each of 53 questions on a lengthy verdict form in our favor. We expect that this verdict will soon lead to the return of our clients’ property.

Financial services investigation

We represented a major financial services company in congressional investigations concerning the documentation of residential foreclosures. Conducted by the House Committee on Financial Services and the House Committee on the Judiciary, the investigations included document requests, interrogatory responses, and an oversight hearing. A significant complicating factor was widespread private and state attorneys general litigation on the same subject matter.

Huawei privacy class action

Defending Huawei, a Chinese mobile handset maker, in a putative class action alleging violations of the Wiretap Act, Stored Communications Act, and various state laws. The suit stems from the allegation that third-party mobile analytics software transmitted data about mobile device users’ activities to other parties without authorization.

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.

Dismissal of wrongful death case based on government contractor defense

Obtained dismissal of a wrongful death case brought against a major government contractor for alleged gamma radiation exposure from a cargo screening device it manufactured for national security/border protection purposes. Early in the case, and only after minimal discovery, we successfully asserted the government contractor defense and convinced the trial court that the government had meaningfully reviewed and approved the product’s design specifications, that the product conformed with those specifications, and that the contractor had no knowledge of any product risks or hazards unknown to the government.

Dismissal of wartime wrongful death claims brought by contractor employees

Obtained dismissal of wrongful death claims against a military support contractor following an insurgent attack on a supply convoy in Iraq. After the district court refused to dismiss the case, we successfully brought an interlocutory appeal and persuaded the court of appeals that the Defense Base Act provided an exclusive remedy and barred the employee claims.

Dismissal of personal injury case involving military personnel

Persuaded a district court to dismiss a tort suit brought against a large logistical services contractor for injuries sustained by a soldier on a military base in Iraq. The district court and the court of appeals agreed that the case raised political questions because of the involvement of the military that were outside the scope of judicial review.

Multi-defendant privacy class action

Achieved dismissal of a putative class action against Microsoft, CBS, Microsoft, McDonald’s, and Mazda alleging violations of the Wiretap Act, Computer Fraud and Abuse Act, and state laws. The complaint alleged that an online ad network used Flash cookies and other tracking mechanisms to build user profiles for the purpose of serving targeted advertising.

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.

Over-the-counter medicine investigation

We represented a world-leading consumer products manufacturer in an investigation by the House Committee on Oversight and Government Reform regarding high-profile recalls of over-the-counter medicines. The investigation included multiple interviews, tens of thousands of documents produced to Congress, and two major hearings, including one at which the company’s chairman and CEO testified.

Obtained SAFETY Act protection for anti-terror products and services

The SAFETY Act, administered by the U.S. Department of Homeland Security, provides liability protection to the makers and users of anti-terror technology in the event of a terror attack. We have successfully guided clients from virtually every major industry in the United States, including government contractors, airports, port authorities, chemical companies, large sports stadiums, and professional sports leagues, through the SAFETY Act application process and secured SAFETY Act protection for a wide range of technologies.

Los Alamos investigation

We represented the University of California in an intense and wide-ranging investigation by the House Energy and Commerce Committee’s Subcommittee on Oversight and Investigations into alleged fraud and mismanagement at the Los Alamos National Laboratory. The investigation involved more than two dozen witness interviews and culminated in three days of hearings. At the conclusion of the investigation, the University retained its contract to manage the Laboratory.

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.

Taylor v. United Technologies Corp.

Taylor v. United Technologies Corp., 2009 WL 4255159 (2d Cir. Dec. 1, 2009), aff’g 2009 WL 535779, 46 Empl. Ben. Cas. (BNA) 1935 (D. Conn. Mar. 3, 2009). The Second Circuit affirmed the summary judgment entered in favor of our client United Technologies in a 401(k) plan expense class action lawsuit. The court upheld the rejection of all of plaintiffs’ claims concerning a variety of fiduciary decisions over more than a decade, for which plaintiffs had calculated alleged damages of $230 million.

Covington Avoids IPR Trial for AstraZeneca SYMBICORT® Patent

Represented AstraZeneca in defeating Complex Innovations’ attack on a patent covering SYMBICORT® inhalation aerosol for asthma and COPD. On July 24, 2017, the Patent Trial and Appeal Board denied institution of an IPR trial as to every challenged claim. The PTAB largely followed the arguments Covington presented in the preliminary response when determining that the petition failed to demonstrate a reasonable likelihood of prevailing at trial.

Representation of Eli Lilly, ImClone, and BMS

Represented Eli Lilly and Company, ImClone, and BMS in an IPR proceeding challenging the validity of a patent owned by the Trustees of the University of Pennsylvania (“Penn”). In concurrent district court litigation (in which we also represent Eli Lilly), Penn alleged that its patent covered methods of using Eli Lilly’s biologic Erbitux® for treating cancer patients. In July 2016, the PTAB instituted trial on all challenged claims, and later that month, the district court entered a stay of the litigation pending the IPR proceeding. The PTAB hearing took place in March 2017, and the final written decision found the challenged claims of Penn’s patent invalid.

Won Summary Judgment for DARCARS in Suit Seeking Ownership/Control

Won summary judgment for a major auto dealership network in a fight for control of a family-owned company. In this high-profile Washington, DC-area case, Plaintiff Tammy Darvish sued her father, her brothers, and her former employer in January 2015 claiming that she had been promised one-third ownership and control of DARCARS and that her brothers tortuously interfered with this alleged “contract.” Covington developed evidence showing that Ms. Darvish’s alleged “contract” was fatally vague and illusory and that her tortious interference claims were unfounded. Covington moved for summary judgment on all claims, and the court granted the motion in its entirety with trial just weeks away.

Multimillion Dollar Jury Verdict in Trade Secret Dispute for Former CEO of a Medical Device Company

Representation of the former CEO of a medical device company in defeating claims of theft of trade secret and employment contract claims, and obtaining a multimillion dollar jury verdict on counterclaims based on a technology licensing agreement in which the CEO (who was also the inventor of a heart valve) licensed the technology to the company.

High Profile Section 337 Dispute Between U.S. Steel and the Chinese Steel Industry

Representation of Baoshan Iron & Steel Co., Ltd. in a trade secret, antitrust and false designation of origin dispute in the International Trade Commission involving processes for making Advanced High Strength Steel. In November 2016, Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by American Lawyer for an initial determination at the ITC on behalf of our client. This was the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim.

Half-billion Dollar Trade Secrets Trial Victory for McKesson

After being retained months prior to trial following nearly a decade of litigation, Covington obtained a complete defense verdict for a subsidiary of McKesson Corporation in a bench trial in New York Supreme Court. The plaintiff had alleged breach of a non-disclosure agreement and trade secret misappropriation related to a drug discount program. Plaintiff sought the assignment of certain McKesson patents and half a billion dollars: nearly $250 million in damages and 11.5 years’-worth of prejudgment interest. PSKW, LLC v. McKesson Specialty Arizona, Inc. (S. Ct. NY).

Multiple IPR Proceedings on Behalf of Biogen

Represented Biogen in defeating Swiss Pharma’s attacks on three patents covering TYSABRI®, an antibody biologic for treating patients with multiple sclerosis. The PTAB declined to institute a trial on all three of Biogen’s patents. The PTAB adopted the detailed reasoning from Covington’s briefs, finding that Swiss Pharma’s evidence and expert testimony did not demonstrate a reasonable likelihood of prevailing at trial.

Enactment of Trade Secrets Legislation

Represented the Protect Trade Secrets Coalition in successfully seeking to enact legislation to create a federal civil cause of action for trade secret misappropriation to supplement state-level remedies and testified before the House Judiciary Committee on the need for legislation. The legislation was enacted in 2016 after being passed by the Senate 87-0 and by the House 410-2.

Representation of Elbit Systems of America, LLC in IPR Proceeding

Representation of Elbit Systems of America, LLC as petitioner in an IPR proceeding relating to a patent directed toward a system and method for tracking the motion or orientation of an object relative to a moving reference frame, such as in a head-mounted display. The patent is owned by Thales Visionix, Inc., and Covington also represents Elbit in the co-pending litigation in the Court of Federal Claims. In October 2016, the PTAB issued its final written decision holding as unpatentable more than half of the challenged claims.

Representation of LifeCell as Petitioner in an IPR Proceeding

Representing LifeCell Corporation as petitioner in an IPR proceeding challenging a patent owned by LifeNet Health directed to soft tissue graft compositions. Trial was instituted in March, with a final written decision due by March 2017, and the PTAB granted the patent owner’s request for adverse judgment in August 2016, cancelling all claims in the patent and handing our client LifeCell, a complete win.

Representation of Indivior in Challenge to Patent for SUBOXONE

Represented Indivior UK Limited (f/k/a RB Pharmaceuticals Limited), as patent owner in an IPR proceeding, brought by Teva Pharmaceuticals USA, Inc., challenging one of three Orange Book listed patents for Suboxone® sublingual film, a treatment for opioid dependence. In a decision rendered on June 10, 2016, the PTAB denied Teva’s petition in its entirety, adopting the rationale presented in Covington’s patent owner preliminary response.

Representation of BMS as Patent Owner in an IPR Proceeding

Represented Bristol-Myers Squibb Company, as patent owner in an IPR proceeding brought by Momenta Pharmaceuticals, Inc., challenging the validity of a patent covering the formulation of BMS’s biologic ORENCIA. The PTAB entered a final written decision in December 2016 entirely rejecting Momenta’s challenges and upholding all claims of the patent.

Representation of Warner Chilcott in an IPR Proceeding

Representation of Warner Chilcott as patent owner in an IPR proceeding, brought by the generic company Mylan Pharmaceuticals, challenging the patent claiming LO LOESTRIN, Warner Chilcott’s oral contraceptive. After Mylan filed its petition, the parties settled favorably without a single claim being invalidated or the PTAB instituting review on a single claim of the LO LOESTRIN Patent. Covington successfully represented Warner Chilcott in ANDA litigation against prior generic filers on LO LOESTRIN, obtaining a favorable judgment after a bench trial which was upheld by the Federal Circuit.

Representation of Elbit Against Petitions Filed by Hughes

Representation of Elbit Systems Land and C4I Ltd. in securing the PTAB’s denial of four separate Patent Office challenges over the course of 2016. In the latest decision, issued in mid-July 2016, the PTAB denied the fourth and final patent office challenge filed by Hughes Network Systems, LLC against Elbit’s patents. In November 2015, Hughes filed two petitions for inter partes review against Elbit’s ’073 patent, and one petition against Elbit’s ’874 patent, both of which are asserted against Hughes in the co-pending district court litigation. Hughes filed a second petition against the ’874 patent in January 2016. The PTAB denied the first challenge to the ’874 patent, and both challenges to the ’073 patent, in April. Hughes’s request for rehearing on the first petition also was rejected in July 2016.

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.

Representation of IBM in age discrimination suit

In the first appellate ruling on the question of whether cash balance plans are age discriminatory, obtained the Seventh Circuit victory reversing the trial court and holding that IBM’s cash balance plan was not discriminatory. The appellate victory avoided $1.4 billion in damages. Cooper v. IBM Personal Pension Plan, 457 F.3d 636 (7th Cir. 2006).

GE Capital Retail Bank CFPB Investigation and DOJ Consent Order

Represent the former GE Capital Retail Bank (now Synchrony Financial) in a CFPB investigation, enforcement action, and consent order related to allegations of deceptive marketing of credit card add-on products and discrimination against Spanish-speaking customers related to certain offers to settle outstanding credit card balances and a Department of Justice enforcement action and consent order regarding the same allegations of discrimination.

Proposition 65 Labeling and Chemical Safe Harbor Levels

Represent Compañía Cervecera de Puerto Rico, Inc. (CCPR), in a lawsuit alleging that CCPR’s Malta India product contains the chemical 4-MEI in quantities above the safe harbor level, and that CCPR has failed to label Malta India products sold in California with the warning required by California’s Proposition 65.

NFL CBA Arbitrations

Represented the NFL in a host of arbitrations under the NFL collective bargaining agreements, including the disputes regarding the Jimmy Graham Franchise Tender, the Drew Brees Franchise Tender, the Michael Vick, Plaxico Burress, and Larry Johnson salary forfeitures, and the Washington Redskins/Dallas Cowboys salary cap reallocation.

Dismissal of Multidistrict Litigation Alleging Contractor Negligence Inside Overseas War Zones

Obtained complete dismissal of 63 lawsuits brought by 800-plus named plaintiffs against KBR, the largest military services contractor in Iraq and Afghanistan. These claims challenged KBR’s use of burn pits to dispose of waste during those wars. The district court adopted our arguments in their entirety and held the claims were barred by the political question doctrine and preempted based on the “combatant activities” exception to the Federal Tort Claims Act.

Tax Court Victory re: Expense Deduction Matter on Behalf of National Sports Team

Successfully litigated a matter before the Tax Court involving the taxable nature and deductibility of meal expenses on behalf of the Boston Bruins. The decision has implications for most national sports teams as well as other employers who provide meals to employees as a de minimis fringe benefit. Jacobs v. Commissioner, Tax Court Docket No. 019009-15.

GRUMA S.A. de C.V.

Successful representation of two Spanish subsidiaries of GRUMA S.A. de C.V., a Mexican food conglomerate, in an ICSID arbitration proceeding against the Bolivarian Republic of Venezuela arising out of certain measures of the Republic that violated the bilateral investment treaty between Spain and Venezuela and resulted in an award of close to $500 million, including interest.

Balkrishna Industries, Ltd. Patent Litigation

Representation of Balkrishna Industries Ltd. and its affiliates BKT Tires, Inc. and BKT USA, Inc. in litigation against Bridgestone Brands, LLC and Bridgestone Americas Tire Operations, LLC concerning alleged patent infringement, trademark infringement and unfair competition issues in the U.S. District Court for the Middle District of Tennessee.

Aristocrat Technologies Patent and Trademark Litigation

Representation of Aristocrat Technologies Inc. in patent and trademark litigation brought by Bally Technologies relating to gaming devices; and patent infringement litigation brought by IGT in a case involving 32 patents directed at various aspects of gaming devices, in addition to other significant patent litigation.

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John Deere Wins TM Suit Against Green And Yellow Rival

Law360 highlights Covington's successful representation of John Deere in a trademark lawsuit involving the company's green-and-yellow color scheme. "Color trademarks are uncommon, and we are not aware of any color trademark case going through trial before this one," says Simon Frankel. "But John Deere has one of the strongest and most widely recognized color ...

Trump Administration Actions Will Affect Health Insurance Markets

In a court filing this morning and an Executive Order issued yesterday, the Trump Administration announced major policy changes affecting health insurers and employers. The Administration intends to cease making cost-sharing reduction (CSR) payments to insurers, while also expanding the availability of Association Health Plans, short-term health plans, and ...

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.

US courts restrict territorial reach of Commodity Exchange Act

Anne Termine is quoted in a Risk article examining recent cases that have restricted the extraterritorial application of the Commodity Exchange Act. “I don’t think the Brent case ruling will deter any enforcement programme by the CFTC on an extraterritoriality basis,” says Termine. “However, it does give pause because some parts of the language are incorrect ...

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 ...

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. ...

Justices Could Reshape Securities Law Without Blockbuster

David Kornblau is quoted in a Law360 article regarding the effect the Supreme Court's upcoming docket may have on the legal framework for the securities industry. Commenting on the Digital Reality litigation, which focuses on the reach of Dodd-Frank Act’s whistleblower protections, Kornblau says, "This is one where the agency has actually gone through the ...

Criminal and civil intertwined

Ian Hargreaves chaired the fourth panel of CDR's Summer Litigation Symposium and is quoted in a Commercial Dispute Resolution article regarding the complexities of handling investigations and disputes with both criminal and civil law aspects. According to Hargreaves, with the recent implementation of various pieces of legislation, such as the Criminal Finances ...

A Newcomer’s Guide To Litigating Patent Cases In California

Kurt Calia is quoted in a Law360 article providing advice to new California patent litigators. Commenting on skepticism about discovery and sealing, Calia says when one side is seeking production of massive amounts of email or terabytes of technical data, "the judges understand that the cost to litigants — even with all the e-discovery tools that are available — ...

Clara Shin Named Litigation "Game Changer" by The Recorder

SAN FRANCISCO—The Recorder recognized Covington partner Clara Shin as a “Game Changer” for her successful representation of McKesson Corporation in a half-billion-dollar trade secrets case. Awarded in conjunction with the publication’s California Litigation Department of the Year awards, the recognition highlights individual litigators “who won big where others ...

Fighting Trump’s Policies is Personal for This Lawyer

Bloomberg Law featured Lanny Breuer in a Q&A regarding his and the firm's involvement as co-counsel at the University of California against the Department of Homeland Security regarding the decision to end the Deferred Action for Childhood Arrivals (DACA) program. Commenting on the firm's decision to join the lawsuit, Breuer says, "We feel very strongly that the ...

Practical Tips for Insurance Recoveries After Storms

Hurricane Irma has battered much of Florida, Puerto Rico and the Caribbean, just days after tropical storm Harvey devastated Houston and its environs. This e-alert provides practical tips to help maximize insurance recoveries for those organizations whose property was damaged or whose business was interrupted by these catastrophic events.

Napolitano Sues Trump to Save DACA Program She Helped Create

Alex Berengaut is quoted by The New York Times in an article regarding the lawsuit filed by the University of California system against the Department of Homeland Security regarding the decision to end the Deferred Action for Childhood Arrivals (DACA) program. Berengaut, a member of the Covington team representing former Secretary of Homeland Security Janet ...

Legal 'Fistfight' Expected When Transgender Ban Gets to Court

David Zionts is quoted in a Stars & Stripes article regarding the recent ban on transgender personnel in the military. Zionts, who is a member of the Covington team serving as co-counsel with the ACLU challenging the ban, says the issue is "equality before the law." When “the government wants to discriminate and treat one class of people different, it needs a ...

D.C.'s Rising Stars: Shankar Duraiswamy, 37

Shankar Duraiswamy was named a "D.C. Rising Star" by The National Law Journal, recognizing him as one of the “region’s 40 most promising lawyers age 40 and under.” Commenting on his biggest accomplishment, Duraiswamy says, "I am proudest of the results I have secured for my pro bono clients. A highlight was a landmark settlement in 2013 that we secured for deaf ...

Shankar Duraiswamy Named "D.C. Rising Star"

WASHINGTON—The National Law Journal has named Covington partner Shankar Duraiswamy a “D.C. Rising Star,” recognizing him as one of the “region’s 40 most promising lawyers age 40 and under.” In his profile, Mr. Duraiswamy highlights a number of experiences and lessons learned in his career. When asked about a key to his success, he credited one of his early ...

Covington Again Named a Top International Law Firm in Latin America

NEW YORK—Covington has again been selected by Latinvex as a “Top International Law Firm” doing work in Latin America. In addition to this honor, Latinvex has recognized Covington as a leading firm in the FCPA & Fraud, International Arbitration, and Corporate/M&A subcategories. Covington’s Latin America practice draws on a dedicated team of lawyers and advisors ...

Marcus Hutchins' Arrest: Did FBI Bite the Hand That Feeds?

Alex Berengaut's Law360article weighing the constitutionality of the Marcus Hutchins indictment is cited in a Bank Info Security story examining questions raised by the case. According to Berengaut, it's not clear that federal prosecutors have a right to bring charges against Hutchins.

Code Linked to MalwareTech and Kronos Published in 2009

Alex Berengaut's Law360 article on the constitutionality of the Marcus Hutchins indictment is cited in a Security Week story examining recent case developments. “Since Hutchins’ indictment, commentators have questioned whether the creation and selling of malware—without actually using the malware—violates the two statutes under which Hutchins was charged: the ...

Macau Billionaire Convicted of Bribing U.N. Officials

On July 27, 2017, a Manhattan federal jury convicted Macau billionaire Ng Lap Seng of bribing Caribbean diplomats to the United Nations (“UN”) to secure the organization’s support for a multi-billion dollar convention center that Ng hoped to build in Macau. After a five-week trial, the jury took just seven hours to return a guilty verdict on all six charges: ...

Recent Cases on E-Mail "Spoofing" Coverage Highlight the Impact of Specific Crime Policy Wordings

Two recent federal district court decisions involving computer “spoofing” scams highlight the uncertainty about whether such incidents may be covered under standard “computer fraud” provisions in widely used crime insurance forms. The conflicting results in these cases provide a stark reminder to policyholders that seemingly minor differences in policy wordings ...

Mitch Kamin Among LA’s "Most Influential IP Attorneys"

LOS ANGELES—The Los Angeles Business Journal has named Covington partner Mitch Kamin one of the “Most Influential IP Attorneys” in Los Angeles. The Los Angeles Business Journal highlighted Mr. Kamin’s representation of entertainment industry leaders such as 21st Century Fox and Sony Music Entertainment in complex, high profile intellectual property disputes, ...

Covington Secures $21 Million Jury Trial Win for Elbit Systems in Patent Case

SILICON VALLEY—Covington secured a significant patent infringement victory on behalf of Elbit Systems Ltd. over its groundbreaking patent relating to high-speed satellite communications. A jury in the Unites States District Court for the Eastern District of Texas awarded Elbit Systems $21,075,000 in damages, exclusive of pre-judgment interest and post-verdict ...

A lawyer who has been a defender of USC now must investigate the dean scandal. But can she be impartial?

Aaron Lewis is quoted in a Los Angeles Times article regarding an internal investigation by the University of Southern California reviewing what its leaders knew about the conduct of former medical school dean Dr. Carmen Puliafito.

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 ...

Two Covington Partners Named Among Law360's "Rising Stars”

WASHINGTON—Law360 named Covington partners Elizabeth Canter and Shankar Duraiswamy to its list of “Rising Stars for 2017.” This annual recognition honors top attorneys under 40 “whose legal accomplishments transcend their age.” Ms. Canter advises multinational companies on privacy, cyber security, and technology transaction issues. She has special expertise in ...

Law360's Weekly Verdict: Legal Lions & Lambs

Covington's patent infringement victory on behalf of Elbit Systems was featured by Law360 as the leading item in the "Legal Lions" roundup. The team, which secured $21.1 million in damages for Elbit, was led by Kurt Calia and Ranganath Sudarshan.

7th Circ. Spoofing Decision Buoys Gov't Crackdown

Anne Termine is quoted in a Law360 article regarding the Seventh Circuit's decision to uphold the conviction of Michael Coscia for "spoofing." According to Termine, “The short takeaway is that it was a complete win for the government." She adds, “There wasn’t a single portion of Coscia’s argument that the court accepted.”

Bodog, ‘Black Friday’ Cases Winding Down With A Whimper

Arlo Devlin-Brown is quoted in a Gambling Compliance article regarding the crackdown by U.S. law enforcement on offshore gambling following the conclusion of Bodog founder Calvin Ayre's U.S. criminal case. According to Devlin-Brown, the resolution of Ayre’s case, “very likely reflects the fact-specific circumstances and cleaning up of an old case rather than the ...

Allentown Indictment A Warning To Attys Seeking Gov't Work

Arlo Devlin-Brown is quoted in a Law360 article regarding the complications surrounding political contributions for lawyers working with the public sector following the indictment of Allentown Mayor Ed Pawlowski. According to Devlin-Brown, "The Supreme Court has indicated that in the context of campaign contributions, compared to other benefits that go to ...

Spanish Flour Production Cos. Win $490M From Venezuela

Law360 highlights Covington's successful representation of Valores Mundiales SL and Consorcio Andino SL before the International Centre for the Settlement of Investment Disputes. The tribunal found that Venezuela had breached its international obligations with regard to the company's flour production business and ordered the country to pay nearly half a billion ...

Cyber Insurance Offerings Growing In Response To New Threats

Marialuisa Gallozzi, John Buchanan, and Jeff Kiburtz are quoted in a Medtech Insight article regarding the growing interest in the healthcare sector in buying cyber insurance. According to Gallozzi, "We are in the midst of an evolution of the insurance market right now in this area." She says cyber insurance policies have been a growing trend but unlike other ...

UK MasterCard Ruling Won't Doom Young Class Regime

Elaine Whiteford is quoted in a Global Competition Review article regarding the UK Competition Appeal Tribunal's decision to block a £14bn class action lawsuit against MasterCard from proceeding. "Some people possibly thought when the jurisdiction was introduced that the CAT would want to encourage lots of claims in early years and would want to get a bit more ...

UK court rejects class action against MasterCard

Elaine Whiteford is quoted in a Global Competition Review article regarding the UK Competition Appeal Tribunal's decision to block a £14bn class action lawsuit against MasterCard from proceeding. According to Whiteford, it is surprising that Merricks was not afforded an opportunity to serve an amended claim form - as was permitted in the Gibson mobility scooters ...

Breaking: CAT rejects MasterCard consumer action

Elaine Whiteford is quoted in a Commercial Dispute Resolution article regarding the UK Competition Appeal Tribunal's decision to block a £14bn class action lawsuit against MasterCard from proceeding. “Given that this is a new regime, and given that in the Gibson case, the CAT adjourned the hearing of the application for the CPO to afford the claimant the ...

Court rejects landmark application for £14bn group action against MasterCard on group certification in Freshfields win

Elaine Whiteford is quoted in a Legal Business article regarding the Competition Appeal Tribunal's decision to block a £14bn class action lawsuit against MasterCard from proceeding. According to Whiteford, "From a perspective of funding of claims, the judgment is encouraging as it clarifies a funders’ uplift can be paid from undistributed damages," one of ...

MasterCard Wins Dismissal of $18 Billion Class Action Suit

Elaine Whiteford is quoted in a Bloomberg article regarding the UK Competition Appeal Tribunal's decision to block a £14bn class action lawsuit against MasterCard from proceeding. “The mobility scooters case ended up being modest to the point it became uneconomic,” says Whiteford. “If you look at MasterCard, it’s the other extreme -- a very ambitious claim -- ...

In Juries, Lawyers Now Favor the Uninformed

Former Chief of the Public Corruption Unit for the U.S. Attorney's Office in the Southern District of New York Arlo Devlin-Brown is quoted by The New York Times in an article regarding trends in jury selection. Generally, prosecutors look for “people who are community-minded,” like people who are married, employed in a role that requires dealing with others or ...

Rising Star: Covington's Shankar Duraiswamy

Shankar Duraiswamy was named a "Rising Star" by Law360, recognizing him as a top attorney under 40 in Product Liability law. In its profile of Duraiswamy, Law360 highlights his defense of Takata Corp. in the wake of the largest public safety recall in U.S. history and his dedication to pro bono work.

How the Supreme Court Has Reined in Federal Prosecutors

The New York Law Journal highlights an article by Arlo Devlin-Brown and Erin Monju on the Supreme Court's decision in McDonnell. “The reality is that McDonnell is of limited significance: It prevents prosecutors from bringing only the weakest of public corruption cases, those where the prosecution lacks even circumstantial evidence that a corrupt payoff was for ...

Covington Snags Undefeated Litigator From O'Melveny

Carolyn Kubota and John Hall are quoted in a Law360 article regarding Kubota's arrival to Covington's Los Angeles office as a partner in the firm's Litigation and White Collar Defense and Investigations practices. “A friend of mine once said, [trials] are the most fun you can have wearing a suit, and I’m a strong believer in that,” Kubota says. “I find [that], ...

Covington Hires Kubota from O'Melveny After 17-Year Long Stay

John Hall and Carolyn Kubota are quoted in a Daily Journal article regarding Kubota's recent arrival to Covington's Los Angeles office. According to Hall, "Carolyn is a world-class litigator with an exceptional track record of trial success, and her tenacity and depth of experience will be highly valuable to our clients," adding that her track record of handling ...

Covington's LA Office Makes Another Lateral Addition

Carolyn Kubota and John Hall are quoted by The Recorder in an article regarding Kubota's recent arrival to Covington's Litigation and White Collar Defense and Investigations practices in Los Angeles. “I hope I’ll be able to expand the work I’m doing for pharma companies to other companies and broaden, rather than change, [my practice],” Kubota says. According to ...

Leading Trial Lawyer Joins Covington

LOS ANGELES—Carolyn Kubota, a nationally acclaimed trial and white collar defense lawyer and former federal prosecutor, has joined Covington’s Litigation and White Collar Defense and Investigations practices in Los Angeles. Ms. Kubota has served as lead counsel on high-profile investigations, criminal trials, and high-stakes commercial litigation matters, ...

Tessera, Covington Deal Blows to Broadcom in ITC and PTAB

The National Law Journal highlights Covington's successful representation of Tessera at the ITC regarding a patent infringement dispute with Broadcom over semiconductor chips. According to Sturgis Sobin, who led the Covington team, "They tried for more than two years to work out a deal, but were unsuccessful."

What The Experts Said About High Court Rulings This Term

Jacqueline Charlesworth is quoted in a Law360 article providing a roundup of impressions on some of the Supreme Court's most significant decisions from this term. In her article on Star Athletica v. Varsity Brands, Charlesworth writes, "It is refreshing to encounter a copyright decision that does not contain the terms 'fair use' or 'Digital Millennium Copyright ...

Supreme Court Rules That Law Prohibiting Offensive Trademarks Offends

In a case that has drawn significant media attention for its potential effect on the Washington Redskins organization, the U.S. Supreme Court held on Monday, June 19, that the United States Patent and Trademark Office (“PTO”) cannot deny a trademark registration on the basis that the proposed mark may “disparage” “persons, living or dead, institutions, beliefs, or national symbols.” Instead, the Court held that the 70-year-old law prohibiting registration of such marks, 15 U.S.C. § 1052(a), “offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”

Covington Lawyers Win Three “Europe Women in Business Law Awards"

LONDON—Euromoney Legal Media Group has selected three Covington lawyers for its annual “Europe Women in Business Law Awards.” The awards honor women in the legal sector across Europe. The Covington lawyers recognized are: Louise Nash, Best in Mergers & Acquisitions. Ms. Nash focuses on M&A and other transactional matters for clients in the consumer brands, ...

Options open to the SEC following High Court enforcement disgorgement loss

David Kornblau is quoted in a Regulatory Compliance Watch article regarding the Supreme Court's decision mandating a five-year statute of limitations on disgorgement assessed by the SEC. Commenting on the SEC's options, Kornblau says that one thing that the agency could do is rename disgorgement, “calling it restitution." The agency could argue that restitution ...

Covington’s Insurance Recovery Practice Wins Chambers "Award for Excellence"

WASHINGTON—Covington’s Insurance Recovery practice has received the 2017 Chambers USA "Award for Excellence" in Insurance, marking the sixth time the firm has received this honor in the 11 years it has been awarded. The "Award for Excellence" is given to one U.S. firm representing policyholders in the insurance coverage field. In addition to the award, Covington ...

SEC steps up enforcement against escalating cybercrime

Jennifer Martin is quoted in a Global Investigations Review article discussing the SEC's response to the rising rates of cybercrime. “The cyber criminals go where the money is,” says Martin. “They’re constantly figuring out new ways to monetize information.” She adds that whether it’s extorting hospitals through ransomware or going after valuable healthcare ...

Supreme Court ruling may curtail SEC disgorgement attempts

David Kornblau is quoted in a Business Insurance article regarding the effect of the Supreme Court ruling in Kokesh on SEC disgorgement attempts. According to Kornblau, “It’s a highly significant ruling, not only because of the statute of limitations, but because it puts into play whether the SEC has the power to obtain disgorgement from a federal court in any ...

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 ...

U.K.’s Serious Fraud Office’s Future Still Foggy Despite May’s Defeat

Ian Hargreaves is quoted by The Wall Street Journal in an article regarding the future of the UK's Serious Fraud Office following the general election. "Folding the SFO into the [National Crime Agency] is neither necessary nor good for the prevention of serious fraud and other matters," says Hargreaves. "I would hope this gets pushed into the long grass and [Ms. ...

Is CFPB being stretched thin by litigation?

Eric Mogilnicki is quoted in an American Banker article regarding the impact of legal challenges on the Consumer Financial Protection Bureau. According to Mogilnicki, "Obviously, litigation soaks up resources that could be used to begin and proceed with investigations."

The Supreme Court Limits the SEC's Disgorgement Power

On Monday, in Kokesh v. SEC, the Supreme Court handed a major loss to the Securities and Exchange Commission, unanimously holding that SEC claims for disgorgement of ill-gotten gains are subject to a five-year statute of limitations. The Kokesh decision also calls into question the proper measure of disgorgement (e.g., gross versus net profits) and even whether the SEC and potentially other federal government agencies have authority to seek disgorgement at all.

Tammy Albarrán and Nicole Duclos Among Latinvex’s Top Female Lawyers

SAN FRANCISCO AND NEW YORK—Latinvex has again selected Covington partners Tammy Albarrán and Nicole Duclos to its annual list of the “Top 100 Female Lawyers” focusing on Latin America at international law firms. Ms. Albarrán was selected a top practitioner in the FCPA & Fraud category, while Ms. Duclos was selected in the Arbitration & Litigation category. Ms. ...

New court members, an addition to its board and a ‘robust’ 2016 caseload marks an acceleration in pace for the London Court of International Arbitration.

Allan Moore is quoted in a CDR News article regarding his recent appointment to the London Court of International Arbitration. Moore comments, “I am deeply honoured. I have long viewed the LCIA Court and staff as consummate professionals and preeminent leaders in our field. It is also an enormously gracious group of people with whom to work on important matters ...

Allan Moore Appointed to London Court of International Arbitration

WASHINGTON—Covington partner Allan B. Moore has been appointed a Member of the LCIA Court, the supervisory administrative body of the London Court of International Arbitration, one of the world’s leading institutions for international commercial dispute resolution. Mr. Moore, who co-chairs Covington’s International Arbitration Practice Group, represents a broad ...

Anthony Weiner Pleads Guilty to Federal Obscenity Charge

The New York Times highlights Arlo Devlin-Brown's representation of Anthony Weiner during a federal investigation into the exchange of sexually explicit messages with a minor. Under Devlin-Brown's counsel, Weiner entered into a plea agreement which ended the investigation on May 19, 2017. Devlin-Brown said that his client had “accepted full responsibility” for ...

Weiner's Plea Deal Promises to Reduce Sentence by More Than Half

The New York Law Journal describes the plea agreement with the Department of Justice obtained by Arlo Devlin-Brown in his representation of Anthony Weiner in connection with the federal investigation into the exchange of sexually explicit messages with a minor. While Mr. Weiner could have been charged with an offense requiring a mandatory minimum sentence of 15 ...

Administration Submits Notice of NAFTA Renegotiation

On May 18, 2017, newly confirmed U.S. Trade Representative Robert Lighthizer formally notified Congress that President Trump intends to renegotiate the North American Free Trade Agreement (NAFTA). The Trump Administration has indicated that it will request public input on the “direction, focus, and content” of these negotiations, and will publish notice in the Federal Register regarding such input. In a letter to House and Senate leaders regarding this renegotiation, Lighthizer indicated that he would also “consult closely with Congress” in developing U.S. negotiating positions. Negotiations with Canada and Mexico will begin no earlier than August 16, 2017. The Administration’s announcement of renegotiation offers stakeholders a significant opportunity to engage with USTR, Congress, and other government bodies to ensure that their priorities are included in the U.S. negotiating positions.

Manage Ransomware Risks Now

Last Friday may mark the start of a new era in cyber crime. The first worldwide ransomware attack, commonly dubbed “WannaCry,” emerged on May 12. The malware is believed to have infected more than 300,000 computers in 150 countries to date. A cyber criminal or ring of criminals, taking advantage of an exploit made available by the ShadowBrokers hacker group that reportedly uses tools stolen from the U.S. National Security Agency, propagated an attack that installs malware to encrypt users’ data unless a ransom in Bitcoin is paid within a few days. While the actual ransom payment losses have reportedly been minimal, the more serious result of these attacks has been the disruption to victims’ business activities.

PTAB: no longer a death squad

Scott Kamholz and Peter Chen are quoted in a World Intellectual Property Review article examining the current landscape of the U.S. Patent Trial and Appeal Board. According to Kamholz, the PTAB has never been “out to get” patents. Kamholz also believes that trial procedures have changed "remarkably little." He says, “I remember discussing all sorts of issues in ...

ICSID Highlights Transparency, Efficiency In Rule Reform

Miguel López Forastier is quoted in a Law360 article examining the International Centre for Settlement Investment Disputes' updates to its rule amendment project. According to López Forastier, “The Centre is focusing on all the critical areas that require updates to keep up with the changes and developments of the last ten years.” He adds, “The process also ...

Covington & Burling’s Emily Johnson Henn | Women of Influence 2017

Emily Henn was profiled by Silicon Valley Business Journal as a part of the publication's "Women of Influence" feature, honoring 100 of the most influential business women in Silicon Valley.

Regulatory Wild West Mars Surging Cyber Insurance Market

Richard Mattick is quoted in a Law360 article regarding the current state of the cyber insurance market. According to Mattick, "An increasing number of UK insurers are issuing cyber policies, but there is no market standard." He adds, “Because of the novelty and variety of the product, policyholders are worried about what they are buying. There is no specific ...

Big Suits: PSKW v. McKesson Specialty Arizona

Corporate Counsel features Covington's "across-the-board trial win" on behalf of McKesson in a trade secrets case with half a billion dollars at stake. Clara Shin, who led the Covington team, says, "I'm proud of the fact we came in five months before trial and took a fresh look at the record.” She adds, "In addition to showing [PSKW] was not able to prove their ...

UK Insurance Lawyers Brace For New Policyholder Powers

Richard Mattick is quoted in a Law360 article examining the UK's newly imposed laws on insurance policyholders, which is expected to lead to increased litigation in the area. According to Mattick, "Lawyers will be recommending that their policyholder clients be as vigilant as possible for delays by insurers and remind insurers of the new law." He further ...

Covington to Open South Africa Office

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 ...

Covington announces Johannesburg opening with Chadbourne hires

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 ...

The Man Who Could Stop Jeff Sessions

Mónica Ramírez Almadani is quoted in a Slate article that discusses the role and potential impact of Deputy Attorney General Rod Rosenstein. Almadani explains that, "Obviously the attorney general is the final decision-maker and the visionary for the department. He's in charge…but the DAG's office is essentially the nucleus of the department. It's where major ...

Supreme Court Imposes Jurisdictional Requirement for FSIA Expropriation Suits—a Cautionary Reminder of the Benefits of Investment-Protection Treaties

Investments in developing economies offer substantial benefits for many reasons, including their growth potential. But they often come with greater economic and political risks. Investment-protection treaties are an important and relatively inexpensive tool to manage some of those risks.

Most bilateral and multilateral investment treaties provide foreign investors with substantive and procedural protections, including the right to bring a claim directly against the foreign country before an independent arbitration tribunal. That right is all the more important following the ruling this week by the Supreme Court in Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling. In a unanimous opinion for the eight-Justice Court (Justice Gorsuch did not participate), Justice Breyer addressed the provisions of the Foreign Sovereign Immunities Act (FSIA) that allow for an exception to sovereign immunity when a foreign sovereign expropriates property “in violation of international law” and that property is owned or operated by an instrumentality of the foreign state engaged in a commercial activity in the United States. 28 U.S.C. § 1605(a)(3).

Policyholder Right to Damages for Late Payment Comes Into Force in England

With effect from today, policyholders may recover damages from insurers for late payment of some insurance claims.

For insurance contracts agreed or renewed on or after May 4, 2017 and governed by English law, the UK Enterprise Act 2016 introduces an implied term, affording the policyholder the right to recover losses caused by the insurer’s failure to pay valid claims within a reasonable time. The insurer has the burden to prove reasonable grounds for a delayed payment. The parties to business insurance contracts may agree to exclude damages for delayed payments that are neither deliberate nor reckless; but the insurer must specifically notify the policyholder of any such provision before entering the contract.

Policyholders should be alert to this new right, both at renewal and in future claims under UK insurance contracts.

Critical Mass: How A Decade Of Upheaval Changed Class Action Firms

Emily Henn is quoted in a Law360 article regarding the evolving state of class action litigation following the Class Action Fairness Act (CAFA) and 2011 Concepcion decision. According to Henn, “There’s a level of attention that courts pay to certification decisions now that makes them much more predictable now that class actions are increasingly brought in ...

Covington Expands Project Finance Team

LONDON—Covington significantly expanded its Project Development and Finance practice with the addition of Ben Donovan, Agnieszka Klich, Richard Keenan, and David Miles, and the firm’s Middle East regional capabilities in corporate and dispute resolution matters with the addition of Jack Greenwald. With these additions, the firm also opened offices in Dubai and ...

Where lawyers and experts meet

Louise Freeman spoke on a panel at CDR’s Spring Competition Litigation Symposium and is quoted in a Commercial Dispute Resolution article regarding the role of expert evidence in class action proceedings and how lawyers can work effectively with economists and industry experts. According to Freeman, “Lawyers need to think a little bit more before getting ...

Covington Opens Two New Offices After Adding Chadbourne Team

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 ...

Covington Expands into Dubai and Jo'burg

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 ...

Covington hires Chadbourne quartet ahead of office launches

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 ...

Team of Chadbourne partners opt against Norton Rose merger to launch two offices for Covington

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 ...

Gretchen Hoff Varner Named to Daily Journal's "Top 40 Under 40"

SAN FRANCISCO—The Daily Journal has named Covington partner Gretchen Hoff Varner one of its “Top 40 Under 40” lawyers in California. The Daily Journal praised Ms. Hoff Varner for her insurance coverage practice, which has successfully recovered millions of dollars from insurers on behalf of a diverse array of clients. The profile also highlighted Ms. Hoff ...

Emily Henn Named One of Silicon Valley’s Most Influential Women

SILICON VALLEY—Silicon Valley Business Journal has named Covington partner Emily Henn to its annual “Women of Influence” list, honoring “100 of the most influential business women in Silicon Valley.” Ms. Henn serves as co-chair of the firm’s Class Action Litigation Practice, specializing in defending antitrust, consumer, and other types of class actions. Ms. ...

Causation and quantum

Elaine Whiteford chaired a panel at CDR's Spring Litigation Symposium on the European Union Directive on Antitrust Damages Actions and is quoted in a Commercial Dispute Resolution article. According to Whiteford, the Directive provides that national courts are able to order the defendant, the claimant or a third party to disclose relevant evidence. “The ...

Trump Moves on Steel Under Section 232

On April 20, 2017, President Trump issued a memorandum announcing that the Secretary of Commerce had initiated an investigation to determine the effects of imported steel on national security. The investigation was initiated under Section 232 of the Trade Expansion Act of 1962, as amended. While it remains to be seen what actions the Administration might ultimately take pursuant to the findings of the Section 232 investigation, the Administration’s invocation of this rarely used trade tool further suggests the Administration's interest in “Buy America” strategies.

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 college athletes were within the “subject matter” of copyright. While the outcome of the case may be justifiable on the facts, the decision raises more questions than it answers, further muddying the already difficult terrain of copyright preemption under Section 301.

4 Takeaways From The 'Buy American' Executive Order

President Donald Trump took a significant step this week toward implementing his often touted objective of protecting U.S. manufacturers and workers by signing the “Presidential Executive Order on Buy American and Hire American” on April 18, 2017. In addition to addressing reforms to the H1-B visa program to protect U.S. workers, the EO sets forth a policy and action plan intended to “support the American manufacturing and defense industrial bases” by “maximiz[ing]” the federal government’s procurement of “goods, products, and materials produced in the United States,” and mandates strict compliance with the statutory and regulatory regimes for domestic sourcing preferences and restrictions (jointly referred to as “Buy American laws”), such as the Buy American Act (41 U.S.C. §§ 8301–8305) and other buy America legislation, and implementing regulations.

Introduction to Practicing Before the Federal Boards of Contract Appeals, Webinar

Two things seem to be relatively certain in the Trump Administration: Federal government contracting will continue, and as a result, there still will be disputes between federal agencies and contractors. In fact, based on reports about increasing infrastructure and defense spending, some areas of government contracting may even be on the rise.

This is Part 1 of a set of back-to-back webinars that will provide a comprehensive introduction to practicing before the Federal Boards of Contract Appeals—the busiest forms for the resolution of such disputes. The expert panels feature board judges and experienced practitioners representing both government and industry perspectives.

CMS Finalizes Market Stabilization Rule

Last Thursday, the Centers for Medicare & Medicaid Services (CMS) finalized the Affordable Care Act (ACA) market stabilization rule, which it originally proposed in February, 82 Fed. Reg. 10,980 (Feb. 17, 2017). This final rule was published today in the Federal Register and will become effective on June 19, 2017. 82 Fed. Reg. 18,346. The final rule includes ...

The Massive Accutane Litigation Just Fell Apart After Judge Boots Expert ‘Hired Guns’

The Litigation Daily highlights Covington’s representation of Roche in the ongoing Accutane litigation, which recently saw a momentous defense ruling, likely leading to the dismissal of the nearly 3,000 remaining cases. Covington’s Product Liability team is led by Paul Schmidt and Michael Imbroscio.

SEC Requires Hyperlinks to Exhibits

The U.S. Securities and Exchange Commission (“SEC”) has adopted amendments to its rules and forms that will require companies filing registration statements and reports subject to the exhibit requirements of Item 601 of Regulation S-K to include an active hyperlink to each exhibit listed in the exhibit index, whether or not the exhibit is incorporated by reference. To facilitate the use of hyperlinks, subject to a small exception, the amendments also require companies to file such registration statements and reports on the SEC’s electronic filing system, EDGAR, in HyperText Markup Language (“HTML”) format.

The SEC also has proposed rule amendments that would require the use of the Inline eXtensible Business Reporting Language (“XBRL”) format for public companies and mutual funds that submit financial statement information and risk/return summaries using XBRL. The proposed amendments would also eliminate the current requirement for such filers to post XBRL data files on their websites.

Laterals of note

Andrea Reister is quoted in a Commercial Dispute Resolution article regarding the arrival of Peter Chen and Scott Kamholz to the firm’s Patent Office Trials Practice. According to Reister, “Virtually all significant patent litigation matters involve co-pending IPRs, so having a strong patent office trials practice with a deep bench of senior attorneys is ...

Covington Holds Second International Arbitration Academy

NEW YORK—Covington has partnered for the second year with Columbia Law School and its Center for International Commercial and Investment Arbitration to hold the Covington Academy on International Arbitration (CAIA). The program is open to Columbia’s J.D., LL.M., and S.J.D. students. The three-day program consists of training followed by practical exercises and ...

Lateral Report: The Few, the Proud, the March Movers

Andrea Reister is quoted in a Litigation Daily article regarding the arrival of Peter Chen and Scott Kamholz to Covington’s Patent Office Trials Practice. According to Reister, “We are thrilled to add Peter and Scott to our team as we expect the demand for patent office trials to continue to grow in the coming years.”

Big Suits: PSKW v. McKesson Specialty Arizona

Covington’s successful representation of McKesson in a trade secrets case with half a billion dollars at stake is featured in The American Lawyer’s “Big Suits” section. According to Clara Shin, "In addition to showing [PSKW] was not able to prove their case, we used documents we found to tell an affirmative story that [McKesson] developed" the co-pay method on ...

Pair of Ex-PTAB Judges Join Covington

Scott Kamholz, Peter Chen, and Andrea Reister are quoted by The Recorder in an article regarding the recent additions to the firm’s Patent Office Trials Practice Group. According to Kamholz, Covington’s team stood out for its sophistication. “I was very impressed with their level of skill and preparation, and I found through working that case with them that we ...

Covington's Robert Kelner, Navigating the 'Wild West,' Pushes Michael Flynn Deal

The National Law Journal featured Robert Kelner and highlighted his representation of General Michael Flynn, President Trump’s former National Security Advisor. According to Marc Elias, former general counsel for Hillary Clinton’s presidential campaign, Kelner is “a first rate criminal defense lawyer” and Flynn “wisely chose.” Kelner has significant experience ...

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 ...

Covington Adds Two Former PTAB Judges To Patent Group

Andrea Reister, Peter Chen, and Scott Kamholz are quoted in a Law360 article regarding the recent additions to the firm’s Patent Office Trials Practice Group. According to Reister, “We are thrilled to add Peter and Scott to our team as we expect the demand for Patent Office trials to continue to grow in the coming years. Their experience in the high-tech and ...

Two Former Patent Trial Board Judges Join Covington & Burling

Simon Frankel and Peter Chen are quoted in a Daily Journal article regarding the arrival of Chen and Scott Kamholz to the firm’s Patent Office Trials Practice. According to Frankel, while the firm’s patent litigation activity spans the coasts, most of its patent office practice has been based in Washington D.C. Chen’s addition will help expand the firm’s patent ...

Courts may dodge binding enforcement decisions

Elaine Whiteford was a panelist at GCR Live Cartels and is quoted by Global Competition Review in an article regarding ways in which EU member state judges could avoid provisions in the EU’s Damages Directive. Whiteford said European Commission and EU member state enforcers’ decisions being binding on courts is a phrase that “trips very easily off the tongue – ...

Tesco DPA shifts landscape for shareholder redress

Ian Hargreaves is quoted in a Commercial Dispute Resolution article regarding the UK Serious Fraud Office’s deferred prosecution agreement with Tesco PLC for false accounting practices. According to Hargreaves, the FCA compensation scheme is of particular interest. “Although we are not privy to the details of the compensation package offered to shareholders and ...

The Morning Risk Report: Pondering Compliance With Potential Economic Crime Law in U.K.

Ian Hargreaves is quoted in The Wall Street Journal’s “Morning Risk Report” regarding the UK Ministry of Justice’s consultation on whether to create new legislation to cover failure to prevent economic crime. According to Hargreaves, “To be required to introduce further systems and controls covering a wide ranging area of economic or financial crime, in addition ...

SFO Marches On With Another DPA As US Parallels Emerge

Ian Hargreaves is quoted in a Law360 article regarding the UK Serious Fraud Office’s $161 million deferred prosecution agreement with Tesco PLC for skewing the prices of its shares and bonds with false accounting. “The arrangement with the [Financial Conduct Authority] is of particular interest,” says Hargreaves. “Although we are not privy to the details of the ...

Supreme Court Sets the Standard for Separability in Copyright

In a highly anticipated copyright decision issued on March 22, the Supreme Court held that the designs on Varsity Brands’ cheerleading uniforms are eligible for copyright protection. In reaching that ruling, the Court set out a standard that aims to harmonize a multitude of tests across the country.

Trump Comments Highlight Need for a Plan When Clients Go Rogue

Ben Razi is quoted by The National Law Journal in an article about clients who make bold, public statements and how they can impact litigation. According to Razi, it's crucial to be aware of any and all public statements a client made before taking a litigation position. He adds that if lawyers aren't aware of every word, they risk "taking a position that's ...

726 Women Carve a Legacy at the Supreme Court Lectern

Beth Brinkmann is quoted by The National Law Journal in an article regarding a research project uncovering how many women argued at the Supreme Court throughout its history. Brinkmann, who clerked for Justice Harry Blackmun in the October 1986-87 term, recalls seeing “dozens” of female advocates at the lectern for arguments. According to Brinkmann, seeing women ...

Manhattan U.S. Attorney Switch Won't Mean Free Ticket for Wall Street

Arlo Devlin-Brown is quoted by The Street in an article regarding the removal of Preet Bharara from his position as U.S. Attorney General of the Southern District of New York by the Trump Administration and its effect on the future of financial enforcement prosecutions. According to Devlin-Brown, "Historically, U.S. attorneys for the Southern District of New ...

Will SDNY's Independent Streak Falter Without Bharara?

Arlo Devlin-Brown is quoted in a Law360 article regarding the effect of the removal of Preet Bharara from his position as U.S. Attorney General of the Southern District of New York on the independence of the Office. "[Bharara] wasn’t afraid of losing, and I think that made a big difference and inspired confidence in the prosecutors who worked for him," says ...

Expert Testimony Not Helping IP Owners Avoid AIA Review

Scott Kamholz is quoted in a Law360 article regarding the impact of allowing patent owners to present expert testimony in their responses to America Invents Act review petitions. According to Kamholz, “Generally speaking, if the patent owner's witness is just contradicting the petitioner’s witness ... then the [Patent Trial and Appeal Board] would tend to order ...

Too much information on chat can leave employers in legal lurch

Lindsay Burke is quoted in a Business Insurance article regarding the risks associated with internal office chat applications. “People think of it as a casual form of communication,” Burke says, “and they forget that it’s business and usually the company is keeping a record of the communication. And if the company finds itself in litigation, then the discovery ...

How Challenges Strengths Shape Careers: Mythili Raman

Mythili Raman was profiled by Washington Lawyer in its feature, “How Challenges & Strengths Shape Careers.” Reflecting both on her time at the Department of Justice and at Covington, Raman says, “Even as a young lawyer, it never occurred to me that my gender would be an impediment. For better or worse, I never thought about my gender as anything but what makes ...

US Department of Justice Fraud Section Guidance Highlights Factors Considered in Evaluating Corporate Compliance Programs

The Fraud Section of the U.S. Department of Justice (“DOJ”) quietly released new guidance last month entitled “Evaluation of Corporate Compliance Programs” (the “Guidance”). While noting that “the Fraud Section does not use any rigid formula to assess the effectiveness of corporate compliance programs,” the eight-page Guidance outlines 11 “Sample Topics and Questions” that DOJ “has frequently found relevant in evaluating a corporate compliance program” in the context of a criminal investigation.

Fraud Section Guidance Highlights Factors Considered in Evaluating Corporate Compliance Programs

The Fraud Section of the U.S. Department of Justice (“DOJ”) quietly released new guidance last month entitled “Evaluation of Corporate Compliance Programs” (the “Guidance”). While noting that “the Fraud Section does not use any rigid formula to assess the effectiveness of corporate compliance programs,” the eight-page Guidance outlines 11 “Sample Topics and Questions” that DOJ “has frequently found relevant in evaluating a corporate compliance program” in the context of a criminal investigation.

Springing forward into a bright future

Elaine Whiteford and Louise Freeman spoke at Commercial Dispute Resolution’s second Spring Competition Litigation Symposium on the EU Damages Directive and are mentioned in an article providing highlights from the event. According to Freeman, lawyers should enable economists to give the best evidence they can, emphasizing that the same lawyers should completely ...

Latinvex Names Gabriel Mesa and Nicole Duclos Among "Top 100 Lawyers"

NEW YORK—Latinvex has named Covington partners Gabriel Mesa and Nicole Duclos among “Latin America’s Top 100 Lawyers” in 2017. Mr. Mesa counsels corporations in joint ventures and private mergers and acquisitions in Latin America and other emerging markets, as well as in the United States. A client described Mr. Mesa as "an excellent lawyer,” noting that his ...

Covington Earns Four Law360 “Practice Group of the Year” Awards

WASHINGTON—Law360 has named four Covington practice groups among its “Practice Groups of the Year.” The practice groups recognized by Law360 are as follows: International Trade Life Sciences Product Liability Sports

Feds Can't Seize Luxury Cars From Accused Fraudster: Jury

Law360 highlights Covington’s successful representation of Efans Trading Corporation in a civil forfeiture case against the U.S. Government. “Justice took a long time here, but it was finally done,” says Bruce Baird. “The government should never have brought a case like this and the jury essentially told them so.” The Covington team was led by partners Ben Razi ...

Litigators of the Week: Taking the Fight to the Feds to Make Their Clients Whole

Ben Razi and Bruce Baird were named “Litigators of the Week” by The Litigation Daily for successfully representing Efans Trading Corporation in a civil forfeiture case against the U.S. Government. Following a seven-day trial before U.S. District Court Judge Katherine Polk Failla in the Southern District of New York, the Covington team persuaded the jury that the ...

Jury Rejects U.S. Seizure of Luxury Cars From Exporters

The New York Times highlights Covington’s successful representation of Efans Trading Corporation in a civil forfeiture case against the U.S. Government in a “rare courtroom defeat.” “We are grateful that the jury saw this case for the government overreach that it was,” says Ben Razi. “Even with the victory they deserved, this case took a tremendous toll on our ...

Significant Developments in U.S. Trademark, False Advertising, and Right of Publicity Law 2016

Selections of Covington’s Intellectual Property Rights Practice Group for the “Top Ten” most significant and interesting developments in U.S. trademark, false advertising, and right of publicity law during 2016.

A time of challenge and change

John Hall and Deborah Garza are quoted in a Commercial Dispute Resolution article regarding likely litigation challenges in 2017. According to Hall, Covington’s workload is at historic highs, with “no sign of that upward trend abating,” noting that the changing legal and regulatory environment would continue to create demand. Commenting on antitrust and the ...

Covington Wins Trade Secrets Trial with $500M on the Line

Litigation Daily highlights Covington’s successful representation of McKesson in relation to a trade secrets case with half a billion dollars at stake. According to Clara Shin, "In addition to showing [PSKW] was not able to prove their case, we used documents we found to tell an affirmative story that [McKesson] developed" the co-pay method on its own. She adds, ...

Pharmacy Loyalty Card Co. Escapes $250M IP Suit

Law360 highlights Covington’s successful representation of McKesson in relation to a trade secrets case with half a billion dollars at stake. According to Clara Shin, “We’re gratified by the court’s judgment, which confirms McKesson independently developed its LoyaltyScript product.” The Covington team also included Nathan Shafroth, Robert Haslam, Christopher ...

BTI Names Nields and Shin "Client Service All-Stars"

SAN FRANCISCO—The BTI Consulting Group has named Covington lawyers John Nields and Clara Shin to its 2017 “Client Service All-Stars” list, which recognizes “remarkable attorneys and their ability to rise above all others with the most demanding clients.” Mr. Nields, based in Washington, is a highly regarded trial lawyer and member of the firm’s litigation and ...

Covington Secures Nearly Half-Billion Dollar Victory in Trade Secrets Trial

SAN FRANCISCO—After being retained just months before trial, Covington obtained a complete defense victory for a subsidiary of McKesson Corporation in a trade secrets bench trial in which plaintiff sought damages of nearly half a billion dollars. In a lawsuit commenced in 2007, plaintiff PSKW accused McKesson of using its “new payment method” to develop ...

Life Sciences Group Of The Year: Covington & Burling

Law360 selected Covington’s Life Sciences practice as a “Practice Group of the Year,” highlighting the firm’s involvement in billion-dollar transactions, success in contentious litigation, and regulatory advice on cutting-edge technology. According to Michael Labson, “What we offer and bring to complicated, complex issues is a mixture of deep subject-matter ...

General counsel to US Copyright Office joins Covington

Simon Frankel and Jacqueline Charlesworth are quoted by Intellectual Property Magazine in an article regarding Charlesworth’s recent arrival. According to Frankel, “Jacqueline’s experience includes a rare combination of litigation, transactional and policy work in both public service and private practice.” He adds, “At a time of significant technological ...

Former Calif. AG Adviser & Fed Prosecutor Joins Covington

Mónica Ramírez Almadani and James Garland are quoted in a Law360 article regarding Almadani’s arrival to the firm’s Litigation and White Collar Defense and Investigations practices. “As someone who’s never worked at a law firm, I was looking for the right mix of talented attorneys with whom I could work and also a real sense of creativity and innovation,” says ...

Covington Copyright Hire

Simon Frankel is quoted in a Commercial Dispute Resolution article regarding Jacqueline Charlesworth’s arrival to Covington. “Jacqueline’s experience includes a rare combination of litigation, transactional and policy work in both public service and private practice,” says Frankel. “At a time of significant technological developments and potential revisions to ...

Former Senior Advisor to California AG Joins Covington

LOS ANGELES—Mónica Ramírez Almadani has joined Covington in the firm’s Litigation and White Collar Defense and Investigations practices in Los Angeles. Ms. Almadani most recently served as Special Assistant Attorney General in the California Department of Justice, where she acted as a senior advisor to former California Attorney General Kamala D. Harris. As a ...

Jacqueline Charlesworth, former General Counsel of U.S. Copyright Office, Joins Covington

Simon Frankel and Jacqueline Charlesworth are quoted in an IPWatchdog article regarding Charlesworth’s recent arrival to Covington’s Intellectual Property Rights and Communications and Media practices. “Jacqueline’s experience includes a rare combination of litigation, transactional and policy work in both public service and private practice,” says Frankel. “At ...

Ex-Copyright Office GC Joins Covington In NY

Jacqueline Charlesworth and Simon Frankel are quoted in a Law360 article regarding Charlesworth’s arrival to Covington’s Intellectual Property Rights and Communications and Media practices. According to Charlesworth, the firm’s outstanding legal talent and highly collaborative culture drew her to Covington. “And, even though I am based in New York, I will have ...

Former General Counsel of U.S. Copyright Office Joins Covington

NEW YORK—Jacqueline C. Charlesworth has joined Covington’s Intellectual Property Rights and Communications and Media practices in the New York office. She most recently served as General Counsel and Associate Register of Copyrights of the U.S. Copyright Office. While at the Copyright Office, Ms. Charlesworth had primary responsibility for interpretation of the ...

Covington Adds Ex-Deputy Assistant AG To Appellate Group

Beth Brinkmann is quoted in a Law360 article regarding her recent arrival to Covington’s Appellate and Supreme Court Practice Group. According to Brinkmann, “The teamwork and collaboration at Covington is incredible and the strength of its appellate practice attracted me to the firm.”

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, ...

January sees US law firms seek lateral talent

Beth Brinkmann and Robert Long are quoted in a Commercial Dispute Resolution article regarding Brinkmann’s arrival to Covington’s Appellate and Supreme Court Practice Group. Citing “Covington’s long history litigating important cases in the Supreme Court,” Brinkmann says she looks forward to the opportunity to help expand the appellate practice. According to ...

New Year, New Job: Top Lateral Litigator Moves in January

The Litigation Daily features Beth Brinkmann, Craig Pollack, and Louise Freeman in an article about the “Top Lateral Litigator Moves in January.” Commenting on her move to Covington, Brinkmann says that the firm “turned out to be just a really unique opportunity,” praising its “culture of teamwork” and “longstanding presence in the legal community.” Alex ...

Behind the numbers: Enforcement Scorecard analysis

Arlo Devlin-Brown is quoted by Global Investigations Review in an article analyzing the rise in the number of large corporate settlements found in this year’s “GIR Enforcement Scorecard.” According to Devlin-Brown, once the DOJ finds evidence of misconduct at one institution, it often investigates if the same kind of wrongdoing is taking place at similar ...

English Courts Construe Condition Precedent Claims Notification Clause Narrowly

In response to the Insurance Act 2015, insurers may increasingly include conditions precedent in their policies in place of warranties, whose effect the Act has weakened. In the recent case of Zurich Insurance Plc v Maccaferri Limited [2016] EWHC Civ 1302, the Court of Appeal in London made clear that an ambiguous condition precedent must be interpreted strictly against the insurer. The court there construed narrowly the words “as soon as possible” in a clause that required notification of an event likely to give rise to a claim, rejecting the insurer’s argument that the policyholder had a duty to perform a rolling assessment of the likelihood that a past event might give rise to a claim.

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 ...

Deputy Assistant Attorney General Joins Covington

WASHINGTON—Beth Brinkmann has joined Covington as a partner in the firm’s Appellate and Supreme Court Practice Group in Washington. Ms. Brinkmann served as Deputy Assistant Attorney General in the Civil Division of the U.S. Department of Justice from 2009 to 2016. She has argued 24 cases before the Supreme Court of the United States. Ms. Brinkmann is an ...

Industry digests 2017 SEC exam priorities

David Kornblau is quoted in a Compliance Reporter article regarding industry’s reaction to the SEC’s 2017 examination priorities. “I think everybody is waiting with bated breath to see if the priorities and philosophy of the agency will take a different direction once Clayton and other commissioners are confirmed,” says Kornblau. “We are all in a guessing game ...

Covington Bags Brinkmann to Bolster Appellate Expertise

Beth Brinkmann is quoted by The National Law Journal in an article regarding her arrival to Covington’s Appellate and Supreme Court Practice Group. "Covington turned out to be just a really unique opportunity," Brinkmann says. The firm is "a longstanding presence in the legal community," she adds, praising the "culture of teamwork."

Trends and Developments in Anti-Corruption Enforcement

Anti-corruption enforcement is at a crossroads. In many respects, global anti-corruption enforcement has never been more active. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) in 2016 collected a total of $2.41 billion through FCPA enforcement actions against 27 corporate defendants, including through their share ...

International Trade Group Of The Year: Covington & Burling

Law360 selected Covington’s International Trade practice as a “Practice Group of the Year,” profiling the team’s involvement in billions of dollars worth of transactions, Foreign Corrupt Practices Act investigations, and sensitive national security trade reviews. “Our practice in general is distinguished by the sheer number of former senior enforcement officials ...

Buffett-AIG deal prompts fears over US insurance

Richard Mattick is quoted in a Financial Times article regarding concerns raised about whether claims on insurance policies will be met following the Buffett-AIG deal. According to Mattick, “This deal would merit close monitoring from policyholders to see how claims are handled under the new deal and ensure that policyholders have options for recourse should ...

Product Liability Group Of The Year: Covington & Burling

Law360 selected Covington’s Product Liability practice as a “Practice Group of the Year,” profiling the team’s defense of Takata in litigation over potentially explosive airbags and Bayer Healthcare in multidistrict litigation (MDL) over Mirena IUDs, among other matters. According to Paul Schmidt, the firm’s range of work showcases its diversity of ...

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 ...

Circuits Split on Constitutionality of SEC Administrative Law Judges

One piece of the ongoing debate over the Securities and Exchange Commission’s use of Administrative Law Judges to adjudicate enforcement actions may be heading to the U.S. Supreme Court. On December 27, 2016, in Bandimere v. SEC, the U.S. Court of Appeals for the Tenth Circuit invalidated SEC sanctions against an individual on the ground that the ALJ who presided over the proceeding was hired in violation of the U.S. Constitution’s Appointments Clause. The decision directly conflicts with the D.C. Circuit’s August 2016 decision in Lucia v. SEC.

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. ...

General Cable Corporation Pays $75.8 Million to Resolve FCPA Investigations

On December 29, 2016, General Cable Corporation (“GCC”), a global manufacturer of wire and cable products, agreed to pay approximately $75.8 million in connection with a non-prosecution agreement with the Department of Justice (“DOJ”) and a cease and desist order with the U.S. Securities and Exchange Commission (“SEC”) to settle allegations that it violated the anti-bribery, books and records, and internal controls provisions of the U.S. Foreign Corrupt Practices Act (“FCPA”). The settlement, which includes an admission of factual allegations but no criminal charges, requires GCC to pay a criminal penalty of $20.5 million to the DOJ and $55.3 million in disgorgement and pre-judgment interest to the SEC.

Ruixue Ran Named One of Top 15 IP Lawyers in China

BEIJING—Asian Legal Business has named Covington partner Ruixue Ran as one of its fifteen “Top IP Lawyers” in China. Ms. Ran is the only lawyer from a non-Chinese law firm on the list. Ms. Ran is one of the few Chinese lawyers who specialize in cross-border intellectual property law and is often called upon to share her knowledge with Chinese companies and ...

The Rocky Road Ahead for the CFPB in 2017

Ethan Levisohn is quoted in American Banker regarding the potential restructuring of the Consumer Financial Protection Bureau under President-elect Trump and the new Congress. Ethan comments on the PHH Corp. v. CFPB case, which in October found that the CFPB’s single-director structure is unconstitutional. According to Levisohn, PHH may have clipped the bureau's ...

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 ...

Product Liability MVP: Covington's Michael Imbroscio

Law360 selected Michael Imbroscio as a 2016 Product Liability MVP and profiled his mass tort defense victories over the past year, which scored notable wins for Eli Lilly, Roche, Bayer, and others. According to Imbroscio, “I think our success is driven by our ability to zero in on the key legal and factual issues in a case and drive the litigation to focus on ...

A New Foreign Investment Regime in the UK

Those who track investment policy issues will have noticed an important theme emerging in recent years of Western economies evaluating their foreign investment regimes, in particular in light of the outflow from China into technology, infrastructure and natural resource assets. The UK is now considering, and is expected to adopt, a new foreign investment regime that will give the Government greater powers of intervention.

Top Gov't Contracts Cases Of 2016

Peter Hutt II is quoted in a Law360 article providing a roundup of the most significant government contracts cases of 2016. According to Hutt, "Escobar is the case of the decade. ... [Its] effects will continue to ripple.”

International Trade MVP: Covington's Shara Aranoff

Law360 selected Shara Aranoff as a 2016 International Trade MVP and profiled her work over the past year, including her representation of South32 and Union Pacific Railroad Co. at the ITC. Law360 also highlights Aranoff’s ongoing defense of China’s Baosteel Group in a Section 337 case, the first antitrust-based investigation at the ITC in more than 25 ...

The Supreme Court Limits Newman, But the Government Still Faces Obstacles in Insider Trading Cases

On December 6, 2016, in the first insider trading case the Supreme Court has decided in nearly two decades, the Court, in Salman v. United States, unanimously upheld a conviction for trading based on material non-public information provided by the defendant’s brother-in-law as a gift. The decision was a big win for the Department of Justice and the Securities and Exchange Commission, in that it overruled a key aspect of the Second Circuit’s 2014 decision in United States v. Newman, which had curtailed the government’s ability to bring insider trading cases when the insider did not financially benefit from passing the confidential tip. In so doing, Salman reaffirmed the continuing validity of a central holding in the Supreme Court’s 1983 decision in Dirks v. SEC—that liability can exist when “an insider makes a gift of confidential information to a trading relative or friend.” Nonetheless, because the Court decided Salman narrowly, it left in place legal hurdles that DOJ and the SEC may have trouble clearing if they continue to bring far-reaching insider trading cases, especially those involving multiple tiers of tippees.

Insider Trading Law Remains Murky After High Court Ruling

Arlo Devlin-Brown is quoted in a Law360 article regarding the significance of the Supreme Court’s insider trading case involving Bassam Salman. According to Devlin-Brown, “I think it’s a big win for the DOJ and the SEC, and it really clears a path towards more aggressive insider trading enforcement.” Devlin-Brown adds that the holding in Salman covers “nearly ...

U.S. top court fortifies prosecutors in insider trading cases

Arlo Devlin-Brown is quoted by Reuters in an article regarding the Supreme Court’s ruling in the Salman case which makes it easier to prosecute insider trading cases. According to Devlin-Brown, the decision also "leaves open the question of whether someone who is at the boundaries of what would be considered a real friend could count, like a minor acquaintance."

Supreme Court Hardens Stance on Insider Trading

Arlo Devlin-Brown is quoted by The Wall Street Journal in an article regarding the Supreme Court’s ruling in the Salman case which restores some of the power the government lost in a 2014 federal case relating to insider trading prosecutions. According to Devlin-Brown, “The problem with the word friend is that it is very elastic. People have dozens of Facebook ...

Here's What the Supreme Court Insider Trading Ruling Means for Hedge Funds

Arlo Devlin-Brown is quoted in a Fortune article regarding the significance of the Supreme Court’s decision to uphold the insider trading conviction of Bassam Salman. “The government was concerned because [the Newman decision] would have left large holes in the insider trading law,” says Devlin-Brown. “Salman largely fixes that.” Devlin-Brown adds, however, ...

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 ...

Trump to keep Manhattan federal prosecutor Bharara in post

Arlo Devlin-Brown is quoted in a Reuters article regarding Preet Bharara’s decision to remain as U.S. Attorney for the Southern District of New York after Donald Trump becomes president. According to Devlin-Brown, “I think Preet is an independent, law enforcement-minded prosecutor who loves his job and is clearly talented in it.”

Preet Bharara Says He Will Stay On as U.S. Attorney Under Trump

Arlo Devlin-Brown is quoted by The New York Times in an article regarding Preet Bharara’s intention to remain as U.S. Attorney in the Southern District of New York under President-elect Donald Trump. According to Devlin-Brown, “Preet has shown as a prosecutor that he is willing to take on the political establishment.” He continues, “He’s also shown he can win. ...

Litigators of the Week: Covington Team Beats Back Rare Breed Of Antitrust Case At ITC

Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by The Litigation Daily for an initial determination at the ITC on behalf of Baosteel in the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim. According to Sobin, the argument was as much about educating the judge about the ...

Trump's Conflict-of-Interest Problem

In a New Yorker article regarding potential conflicts of interest in President-elect Donald Trump’s administration, Arlo Devlin-Brown comments on the importance of avoiding even ‘the appearance of impropriety’ for companies doing business with the Trump Organization.

New Priorities Likely for U.S. Attorney Offices

Arlo Devlin-Brown is quoted by The Wall Street Journal in an article regarding the uncertainty surrounding the types of cases the U.S. Justice Department will pursue during Donald Trump’s presidency. According to Devlin-Brown, “It is only in rare circumstances that a leadership change impacts prosecutions or well-developed investigations already in progress at ...

SEC Blasts Employee Confidentiality Agreements

Barbara Hoffman and Lindsay Burke are quoted in an Agenda article regarding the SEC’s continued interest in restrictive confidentiality agreements that could deter employees from reporting company violations to authorities. According to Hoffman, the Occupational Safety and Health Administration administers a number of whistle-blowing programs for federal ...

Lanny Breuer Has Doubts About FCPA Pilot Program

Lanny Breuer participated at the FCPA Blog Conference and is quoted in a Wall Street Journal article regarding the FCPA pilot program that will provide discounts to foreign-bribery offenders that disclose and tackle those transgressions and cooperate with the authorities. Breuer said that while it’s too soon to tell if the pilot has had its intended effect, he ...

Ex-DOJ Criminal Chief Sees Red Flags In FCPA Pilot

Lanny Breuer participated at the FCPA Blog Conference and is quoted in a Law360 article regarding concerns raised by a requirement under a pilot Foreign Corrupt Practices Act disclosure program forcing companies to step back from conducting their own investigations. According to Breuer, the FCPA pilot program makes “an extraordinary request” by mandating that ...

Covington & Burling promotes IP partner and 12 others

Timothy Hester is quoted in a World IP Review article regarding the promotion of the firm’s 13 new partners. According to Hester, “Our new partners reflect the excellence, strengths, and diversity of the firm, and will play important roles in the firm for decades to come.”

The feds had an open-and-shut bribery case against 2 brothers. Then it unraveled

The Los Angeles Times highlights the role of Dan Shallman and Aaron Lewis in helping unravel a bribery case against two brothers who allegedly tried to buy the support of a Huntington Park city council member for higher towing fees. In what Dan Shallman called a “huge vindication,” the court sentenced one of the brothers with probation.

Brexit: Love It or Hate It—The Contractual Aftershocks, Part 2

Last week, a dispute between Tesco and Unilever about where the pain caused by the devaluation of sterling should lie provided some initial evidence of the “turbulence” and “rollercoaster” rides the Chancellor of the Exchequer, Philip Hammond, has warned of since the June 23, 2016 Brexit vote.

CFTC Enforcement Outlook: Insider Trading

Insider trading is a familiar term to participants in the equities markets; however, this term now has application in the swaps, futures, and commodities markets regulated by the U.S. Commodity Futures Trading Commission (CFTC). In a time of aggressive enforcement, financial market participants should be aware that insider trading is a high priority for the CFTC enforcement program.

Elaine Whiteford Joins Covington’s European Dispute Resolution Practice

LONDON—Elaine Whiteford has joined Covington as a partner in the European Dispute Resolution practice resident in the firm’s London office. Ms. Whiteford’s practice focuses on contentious competition law matters and follow-on damages litigation, challenges to regulatory decisions, cartel and other regulatory investigations, and other types of commercial ...

Covington promotes FCPA lawyer and ex-Holder counsel to partner

Global Investigations Review highlighted the promotion of Jennifer Saperstein and Aaron Lewis as partners of the firm. The article notes that Saperstein advises clients on Foreign Corrupt Practices Act matters and internal investigations while Lewis advises clients on white-collar defense and internal investigations, drawing on six years of Justice Department ...

Any Agreements with Employees Might Implicate Whistleblower Rules

The U.S. Securities and Exchange Commission (SEC) continues to aggressively pursue companies using severance and other employment agreements that could be perceived to discourage employees from reporting possible securities law violations. Three enforcement actions this past summer demonstrate the need for companies to proactively review and give consideration to any provision in an employee agreement that could be interpreted as impeding whistleblowing activity—regardless of whether the agreement has actually stifled potential whistleblowers or was intended to do so.

Managing Data Privacy Challenges in Performing Due Diligence and Internal Investigations in China (Part Two of Two)

Eric Carlson is quoted in an FCPA Report article regarding China’s data privacy and cybersecurity laws and how they apply to companies doing business in China. Commenting on performing due diligence while avoiding data privacy issues, Carlson says, “For due diligence purposes, it is still safe and appropriate to gather corporate information such as whether a ...

Covington Second Circuit Victory Named Most Important Case of the Year by GIR

WASHINGTON—Global Investigations Review has named the Microsoft warrant access case as the winner of the “Most Important Court Case of the Year.” Covington served as co-counsel to Microsoft and helped secure a landmark win in the U.S. Court of Appeals for the Second Circuit. GIR also ranked Covington among the top 15 investigations practices in the world in its ...

Aaron Lewis Among LA’s “Most Influential Minority Lawyers”

LOS ANGELES—The Los Angeles Business Journal has recognized Aaron Lewis as one of the “Most Influential Minority Lawyers” in Los Angeles. The inaugural list names 40 “stellar minority lawyers in the LA region,” highlighting recent success in their respective areas of practice. The Los Angeles Business Journal highlighted Mr. Lewis’s recent significant ...

Covington recruits in London

Greg Lascelles and Alex Leitch are quoted in a Global Arbitration Review article regarding Lascelles’ recent arrival to Covington. “I am very excited to join this growing team,” says Lascelles. According to Leitch, the financial services sector attracts significant client demand and Lascelles’ arrival is a “welcome addition” to the practice.

U.S. Ends Corruption Case Against Former Virginia Governor

Arlo Devlin-Brown is quoted in a New York Times article regarding the Department of Justice’s decision to end its corruption case against Robert McDonnell. According to Devlin-Brown, “When a new legal standard is articulated by the Supreme Court and there’s a need to potentially retry the case, prosecutors make a very particularized assessment as to whether, No. ...

Greg Lascelles Joins Covington’s European Dispute Resolution Practice

LONDON—Greg Lascelles has joined Covington as a partner in the European Dispute Resolution practice resident in the firm’s London office. Mr. Lascelles has a broad litigation and arbitration practice covering a variety of industry sectors, with a particular focus on financial services. He advises hedge funds, private equity houses, asset managers, investment ...

Covington secures DOJ declination for AB InBev

Global Investigations Review highlights Covington’s role in helping AB InBev secure a declination notice from the U.S. Department of Justice in an FCPA investigation regarding the company’s business partners in India. The Covington team was led by Steven Fagell, who worked with Lanny Breuer, Jason Criss, and Benjamin Haley on the matter.

GIR Names Covington Among “Elite” Washington FCPA Practices

WASHINGTON—Global Investigations Review has named Covington’s FCPA practice among Washington’s “elite,” the highest tier in its “Washington DC’s FCPA Bar” survey. In its profile, GIR notes Covington’s “deep bench of high-level former prosecutors,” including former U.S. Attorney General Eric Holder; the last two former heads of the Criminal Division at the ...

Kurt Calia Named One of California's Top IP Lawyers

SILICON VALLEY—The Daily Journal has named Covington partner Kurt Calia to its list of the “Top Intellectual Property Attorneys in California for 2016.” The list recognizes California lawyers who have “pushed technological progress forward.” The Daily Journal highlighted Mr. Calia’s successful representation of Elbit Systems in a patent litigation involving the ...

First Amendment Issues, Congressional Subpoena Power at Stake in Backpage Court Case

Rob Kelner is quoted in a Washington Internet Daily article regarding the possible implications of the Backpage decision on Congress’ future subpoena power. According to Kelner, if the D.C. Circuit squashes the subpoena, “that would have a very dramatic effect, I think, because it's so extraordinarily rare for a congressional subpoena ever to be quashed under ...

Law360 Names Covington Among Top 15 Litigation Practices

WASHINGTON—Covington ranked 11th in Law360’s inaugural “Litigation Powerhouses” feature, a list of the top 50 litigation firms. Law360 chose firms based on the size of their litigation practice, the nature of firms’ litigation victories over a yearlong period, and new client matters. In its profile of the firm, Law360 highlights Covington’s three consecutive ...

Litigation Powerhouse: Covington & Burling

John Hall, Paul Schmidt, Michael Imbroscio, and Stephen Anthony are quoted in the Law360 profile of the firm for the “Litigation Powerhouse” series. According to Hall, “What we have that other firms don't have is this incredible depth of regulatory and prior government experience that we bring to bear in almost all of our matters.” Schmidt, commenting on the ...

Microsoft and the DOJ: A Conversation with Covington’s James Garland

James Garland participated in a Q&A with The American Lawyer regarding the firm’s relationship with Microsoft and its recent work on an important internet search case in the Second Circuit. According to Garland, “Microsoft has a very strategic approach toward its legal functions and litigation in particular. In cases like this that are of strategic policy ...

Chief of the Public Corruption Unit for the SDNY Joins Covington

NEW YORK—Arlo Devlin-Brown, most recently the Chief of the Public Corruption Unit in the U.S. Attorney’s Office for the Southern District of New York and one of its top securities fraud prosecutors, has joined Covington as a partner in its white collar defense and investigations practice resident in the firm’s New York office. Mr. Devlin-Brown has served in the ...

4 Traits Of The Top Litigation Firms

Clara Shin is quoted in a Law360 article regarding the qualities possessed by the top 20 litigation powerhouses that dominate the courtroom in bet-the-company cases. According to Shin, “We view every case and every trial as a way to reinforce our reputation.” She continues, “People come to Covington because of our reputation for delivering a bespoke, tailored ...

Brexit: The Contractual Aftershocks

While the UK’s decision to leave the EU could bring about significant changes to the UK’s legal and economic landscape, we cannot yet know how wide-ranging these changes will be. It is generally agreed that the changes will be fairly dramatic if the UK is unable to negotiate a deal that will maintain its access to the single market, or if the eventual deal brings an end to the free movement of people.

Elaine Whiteford to join Covington

Alex Leitch and Jeremy Wilson are quoted in a GCR article regarding the arrival of Elaine Whiteford to Covington’s European dispute resolution practice. “We are thrilled with Elaine’s decision to join the firm. She brings a wealth of EU litigation experience, which we see as a real asset in the current market.”

KWM exits continue with partners heading to Covington and Norton Rose Fulbright

Alex Leitch is quoted in a Legal Week article regarding the arrival of Elaine Whiteford to the firm’s European competition practice. According to Leitch, “[Whiteford] brings a wealth of EU litigation experience, which we see as a real asset in the current market, impacted by many developments around Europe, including Brexit related disputes, and the new class ...

Whiteford becomes the latest to quit KWM after sealing move to Covington

Alex Leitch is quoted in a Legal Business article regarding the arrival of Elaine Whiteford to the firm’s European competition practice. According to Leitch “She brings a wealth of EU litigation experience, which we see as a real asset in the current market, impacted by many developments around Europe, including Brexit related disputes, and the new class action ...

Johnson Controls, Inc. Pays $14.4 Million to Settle SEC FCPA Allegations; DOJ Declines Criminal Prosecution

On July 11, 2016, Johnson Controls, Inc. (“JCI”) agreed to pay $14.4 million to settle allegations by the U.S. Securities and Exchange Commission that JCI, through its subsidiaries in China, violated the books and records and internal controls provisions of the U.S. Foreign Corrupt Practices Act. The SEC alleged that, from 2007 to 2013, nearly all of the ...

Second Circuit Rules for Covington Client Microsoft in Important Internet Search Case

WASHINGTON—The U.S. Court of Appeals for the Second Circuit has ruled in favor of Covington’s client Microsoft Corporation in its challenge to a U.S. warrant seeking customer emails stored in Ireland. Microsoft argued that the warrant—issued under the Electronic Communications Privacy Act (ECPA)—could not be used to obtain emails stored abroad because it would ...

KWM litigation partner follows ex-head to Covington & Burling

Alex Leitch is quoted in a Legal Week article regarding the upcoming arrival of Greg Lascelles as a partner in the firm’s European Dispute Resolution practice. “Greg’s arrival will be another welcome addition to an already vibrant practice,” Leitch says. According to Leitch, “Financial services remains an active sector that attracts a lot of demand from our ...

Securities litigator Lascelles latest to exit King & Wood Mallesons

Alex Leitch is quoted in a Legal Business article regarding Greg Lascelles’ upcoming arrival to Covington as a partner in the firm’s European Dispute Resolution practice. According to Leitch, “Financial services remains an active sector that attracts a lot of demand from our clients across a variety of disciplines, including antitrust litigation, commercial ...

Courts face long-term Brexit questions

Peter Camesasca and Alex Leitch are quoted in a CDR article regarding the long-term effects of Brexit on the courts, including uncertainties over enforcement. According to Camesasca, “This will not be immediate. Companies are not making any immediate decisions about litigation in the wake of the Brexit vote. Most are in ‘wait and see’ mode.” He continues, “But ...

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 Lawyers Win Four “Europe Women in Business Law” Awards

LONDON—Euromoney Legal Media Group has selected four Covington lawyers for its annual “Europe Women in Business Law Awards.” The awards honor women in the legal sector across Europe. The Covington lawyers recognized are: Louise Nash, Best in Mergers & Acquisitions. Ms. Nash focuses on M&A and other transactional matters for clients in the consumer brands, ...

Supreme Court Accepts Implied False Certification Theory But Erects Substantial Hurdles To Proving Materiality

In Universal Health Services Inc. v. U.S. ex rel. Escobar, No. 15-7 (Slip. Op. June 16, 2016), a unanimous Supreme Court affirmed the viability of the “implied false certification” theory of False Claims Act liability, at least in certain circumstances. This portion of the ruling was not unexpected given the overwhelming acceptance of implied certification among the Circuit courts. But, more importantly, out of concern that the statute be applied too broadly, the Court also explained at length that the “materiality” standard in the statute is a “demanding” one, and set a high bar for the Government and relators to demonstrate materiality of the alleged non-compliance.

Alexander Berengaut Named One of Washington's Top Lawyers Under 40

WASHINGTON—Legal Bisnow has named Covington partner Alexander Berengaut to its 2016 “Top 40 Lawyers Under 40” list. Mr. Berengaut focuses on international arbitration, civil litigation, and government enforcement proceedings. He has experience handling a range of arbitral proceedings and U.S. court litigation matters, including at trial, and has significant ...

National Law Journal Names Covington to "IP Hot List”

WASHINGTON—The National Law Journal has named Covington to its “2016 IP Hot List,” recognizing it as one of 15 firms that “set the bar in intellectual property law in 2015, scoring big wins for clients.” Covington was also one of only two firms last month to receive the highest rating from Chambers USA in its nationwide categories for Intellectual Property and ...

Moving on up in the Big Apple

Timothy Hester, Lanny Breuer, and Arlo Devlin-Brown are quoted in a CDR article regarding Devlin-Brown’s arrival. Devlin-Brown says he is “very pleased” to join the firm’s multinational white collar practice, praising its “extraordinary depth.” According to Hester, “Arlo’s deep experience in white-collar matters, particularly in the financial services sector, ...

Supreme Court Ruling Allows Clean Water Act Suit to Proceed, Offers Clues About Court’s Direction on Other Challenges to Federal Agency Advice

The Supreme Court last week unanimously ruled that property owners seeking to discharge material onto land potentially subject to federal Clean Water Act restrictions may bring direct court challenges to "approved jurisdictional determinations" issued by the U.S. Army Corps of Engineers ("Corps"). The Court rejected the Corps' position that property owners must either complete the expensive and time-consuming permitting process or risk a federal civil or criminal enforcement action before challenging these determinations in federal court. Although the ruling was unanimous, the various opinions reveal discomfort among some Justices regarding the scope of the Clean Water Act as currently applied, as well as differences among the Justices regarding when an agency action becomes final for purposes of court review under the Administrative Procedure Act ("APA"). The opinions should be of interest not only to companies potentially subject to the Clean Water Act, but also those subject to other federal regulatory schemes in which agencies make determinations at various stages of a proceeding.

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 ...

Longtime U.S. Prosecutor to Join Covington & Burling

Lanny Breuer is quoted in a New York Times article regarding the upcoming arrival of Arlo Devlin-Brown to the firm’s white collar defense and investigations practice. According to Breuer, “[Devlin-Brown] has this exceptional level of experience, having done securities cases and corruption cases.” He continues, “He’ll very quickly become a central figure of the ...

Head of Bharara’s corruption unit departs for law firm

Arlo Devlin-Brown is quoted in a New York Post article regarding his decision to join Covington after serving as head of public corruption for Manhattan US Attorney Preet Bharara. “It’s been a great honor to serve in the U.S. Attorney’s Office for more than a decade, where I have had the privilege of challenging cases involving fraud and corruption in the worlds ...

Covington Snags Southern NY's Top Public Corruption Atty

Arlo Devlin-Brown is quoted in a Law360 article regarding his decision to join Covington after serving as New York’s top federal prosecutor for public corruption. According to Devlin-Brown, “I’m very pleased to join Covington’s exceptional white collar practice.”

U.S. Department of Labor Finalizes Changes to FLSA White Collar Exemption Rule

On May 18, the U.S. Department of Labor (DOL) finalized its much-anticipated update to the Fair Labor Standards Act’s (FLSA) so-called white collar overtime exemption rule. Effective December 1, 2016, an employee must earn at least $913 per week—the equivalent of $47,476 per year, more than double the current rate—in order to qualify as exempt from overtime under the federal executive, administrative, and professional exemptions. The salary threshold for the federal highly compensated employee (HCE) exemption will increase to $134,004 per year. Beginning January 1, 2020, these thresholds will automatically increase once every three years.

The 2016 Intellectual Property Hot List: Covington & Burling

Ranga Sudarshan and Kurt Calia are quoted in The National Law Journal’s profile of Covington for the “2016 Intellectual Property Hot List.” In its story, NLJ highlighted the firm’s successful representation of Elbit Systems in a patent infringement case with military contractor Thales Visionix involving the F-35 Joint Strike Fighter. The Covington defense team ...

Covington Advises Underwriters in Life Sciences Debt Offering

NEW YORK—Covington advised the underwriters in connection with Repligen’s $115 million debt offering. The senior convertible notes due in 2021 were placed at 2.125 percent. Repligen is a bioprocessing company focused on the manufacture of Protein A ligands used by life science companies to purify biologic drugs such as monoclonal antibodies, recombinant ...

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 ...

Further Scrutiny of UK’s Serious Fraud Office Calls for Funding Review

David Lorello is quoted in a Wall Street Journal article regarding a recent call to review the UK Serious Fraud Office’s (SFO) funding model after increased scrutiny of the SFO’s governance structure. According to Lorello, “The blockbuster funding has been a matter of significant public attention for some years now." He continues, “As with many government ...

Roundtable: Insurance Act 2015

Alex Leitch, Carlo Kostka, and Richard Mattick participated in a roundtable with The Law Society Gazette regarding the UK Insurance Act 2015. Leitch, pointing at “fair presentation,” a grey area in the new legislation, said a policyholder will want to make sure that they have “discharged the duty of giving a fair presentation of the risk which is going to be ...

UK insurers mandated to process claims quickly

Richard Mattick is quoted in a Business Insurance article regarding the UK Enterprise Act. According to Mattick, the new Act, which updates one element of the Insurance Act 1886 that was left out of the Insurance Act 2015, “remedies a long-standing injustice for insurance policyholders.” It marks the first time that policyholders can seek damages for late ...

U.S. Supreme Court Issues Its Much-Anticipated Ruling in Spokeo

In a decision closely watched by businesses that are the targets of consumer class action lawsuits, the U.S. Supreme Court confirmed that a plaintiff asserting a statutory claim must make a showing of particularized and concrete harm sufficient to establish Article III standing, even if the underlying statute provides for statutory damages without a separate showing of injury. However, the Court sidestepped the ultimate question in the case before it, remanding the case to the Ninth Circuit to consider in the first instance whether the plaintiff had suffered any concrete harm.

President Obama Signs Defend Trade Secrets Act Into Law

On Wednesday, May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which creates a federal civil cause of action for trade secret misappropriation. The Senate passed the DTSA on April 4, 2016 by a unanimous vote of 87-0. The Senate bill (S. 1890) was passed by the House of Representatives without amendment on April 27, 2016 by a vote of 410-2. The legislation was introduced in the Senate by Senators Hatch (R-UT) and Coons (D-DE), and companion legislation in the House (H.R. 3326) was introduced by Representatives Doug Collins (R-GA) and Jerrold Nadler (D-NY).

New York High Court Issues Much-Anticipated Viking Pump Ruling

In re Viking Pump, Inc. & Warren Pumps, LLC, Insurance Appeals, No. 59 (N.Y. May 3, 2016) (“Viking Pump”), heralds a major development in New York insurance law to the benefit of policyholders facing claims that trigger multiple years of liability coverage as a result of continuous and progressive damage. In addressing the proper allocation method to apply to such claims, New York’s highest court applied the “all sums” rule and held that each excess carrier whose coverage was triggered could be required to pay the policyholder’s entire liability, subject only to a policy’s monetary limits. Although the opinion relies on the particular policy language at issue in the case, the decision gives policyholders ample firepower to argue that similar provisions in their own policies mandate the all sums rule, potentially allowing policyholders substantially greater recoveries for claims that stretch over multiple policy periods.

Jennifer Martin Joins Covington's Cybersecurity Practice

NEW YORK — Jennifer Martin has joined Covington’s Data Privacy and Cybersecurity practice. She most recently served as the Director of Cyber Incident Response & Investigations at Symantec. “Jennifer has worked at the intersection of law and cybersecurity from almost every vantage point over the past 15 years,” said David Fagan, who leads Covington’s cyber and ...

Too Few Women in Court

Phyllis Jones is featured in this American Lawyer story about women litigators who have developed successful careers despite the low numbers of women trial lawyers. According to Jones, "Getting trial experience in the law firm setting is tough for women and men. She continues, "Firms need to be focused on getting female associates the opportunity to get ...

More risk managers adding cat bonds to their bag of tricks

David Goodwin’s remarks from the annual RIMS conference are quoted in this article discussing the increased use of catastrophe bonds by risk managers. According to Goodwin, “This really is an up-and-coming issue for risk management.”

Covington, Columbia Unveil International Arbitration Program

Nicole Duclos is quoted in this Law360 article regarding the launch of the Covington Academy on International Arbitration with Columbia Law School. According to Duclos, the program will give participants an edge over those who might not otherwise have the opportunity to receive live feedback during the practical training exercises. “[W]e realized that the void ...

Covington Launches International Arbitration Academy

NEW YORK — Covington has partnered with Columbia Law School and its Center for International Commercial and Investment Arbitration to launch the Covington Academy on International Arbitration (CAIA). The program is open to Columbia’s J.D., LL.M, and S.J.D. students. The three-day program will consist of training followed by practical exercises and live feedback ...

David Pinsky Named Law360 "Rising Star"

New York — Law360 has named Covington international arbitration partner David Pinsky a “Rising Star.” This annual recognition honors top attorneys under the age of 40 “whose legal accomplishments belie their age.” Law360 recognized how Mr. Pinsky, who leads Covington’s arbitration group’s Russia and Eurasia initiative, helped develop the firm’s Russia-focused ...

The New FCPA Pilot Program: What Will It Mean In Practice

On April 5, 2016, the United States Department of Justice (“DOJ”), through the Criminal Division’s Fraud Section, announced a one-year Foreign Corrupt Practices Act (“FCPA”) enforcement pilot program (the “Pilot Program”) intended to motivate companies to voluntarily disclose FCPA-related misconduct and increase transparency around the Fraud Section’s approach to mitigation credit in corporate FCPA resolutions.

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 ...

Lawyers Ready to Reap Work From Federal Trade Secrets Act

Richard Hertling and Kurt Calia are quoted in this article discussing the future of, and reactions to, the Defend Trade Secrets Act. Hertling says, “I don’t think [House Judiciary Committee Chairman Goodlatte] would have indicated an intention to move forward with this legislation if patent reform were going to stand in the way." Calia sees some risk of abuse of ...

DOJ Sweetens Rewards for FCPA Cooperation

Dan Shallman is quoted in this article exploring a DOJ pilot program that could reduce criminal penalties for companies that self-report FCPA violations. According to Shallman, the voluntary disclosure would likely appeal to large companies that face significant FCPA exposure. “It's trickier for cases where the exposure is smaller and less clear," he says.

DC judge overstepped in rejecting Fokker DPA, appeal court says

Steven Fagell is quoted in this GIR article regarding a recent Court of Appeals decision that a lower court overstepped its authority by rejecting a DOJ settlement with Dutch aerospace company Fokker. According to Fagell, “The ruling will likely clip the wings of any US district judge looking to second-guess the Justice Department's charging decisions in ...

Bias Allegations Require Agency Depositions, COFC Concludes

Scott Freling is quoted in a Federal Contracts Report article regarding a recent COFC ruling that allowed Starry, an IT firm challenging solicitation cancellation, to depose HHS officials due to an alleged bias. According to Freling, allegations of bias often fail to gain traction during bid protest litigation because it is difficult to allege sufficient ...

Tammy Albarrán and Nicole Duclos Among Latinvex’s Top Female Lawyers

SAN FRANCISCO AND NEW YORK — Latinvex has again selected Covington partners Tammy Albarrán and Nicole Duclos to its annual list of the “Top 100 Female Lawyers” specializing in Latin America among international law firms. Latinvex chose attorneys from 57 law firms and ten practice areas. The criteria for selection included a combination of factors, including ...

China Releases Judicial Interpretation Clarifying Application of Law to Criminal Bribery Cases

On April 18, 2016, the Chinese government released a judicial interpretation that clarifies certain aspects of the PRC Criminal Law with regard to bribery and corruption. The Interpretation provides additional clarity in understanding the amendments to the Criminal Law that took effect last year, most notably by (1) expanding the definition of bribes to include certain intangible benefits, (2) clarifying that gifts of money or property will still be viewed as bribes when given after benefits are received, (3) re-establishing monetary thresholds and standards for bribery prosecutions, including raising the thresholds for bribes involving government officials and non-government officials, and (4) providing additional details on the requirements for leniency and voluntary disclosure.

Las Vegas Sands Pays $9 Million to Settle FCPA Allegations Relating to Over $62 Million in Payments Made to Chinese Consultant

On April 7, 2016, Las Vegas Sands Corp. (“LVSC”) agreed to pay $9 million to settle allegations by the Securities and Exchange Commission (“SEC”) that LVSC, through its subsidiaries in China and Macao, violated the US Foreign Corrupt Practices Act (“FCPA”). The settlement resolves allegations that, from 2006 through at least 2011, LVSC and its subsidiaries violated the FCPA by failing to devise and maintain a system of internal accounting controls over its operations in China and Macao, resulting in more than $62 million being transferred to a Chinese consultant (the “Consultant”) who claimed to be a former Chinese government official. Only in 2007, after LVSC had made several payments to the Consultant, did it conduct due diligence on the Consultant and three of his business units. However, LVSC failed to conduct due diligence on at least seven other of the Consultant’s businesses to which LVSC transferred funds. The payments made to the Consultant were made for a series of transactions ostensibly designed to bring more customers to LVSC’s Macao-based casino as well as to boost its image in China.

Novartis Pays $25 Million to Settle Allegations of FCPA Violations in China

On March 23, 2016, Novartis AG (“Novartis”) agreed to pay $25 million to settle civil charges with the Securities and Exchange Commission (“SEC”) alleging that it violated the Foreign Corrupt Practices Act (the “FCPA”) by paying bribes to healthcare professionals (“HCPs”) in China from 2009 to 2013 to increase sales. Employees and managers of its two China-based subsidiaries attempted to hide the improper payments by using complicit third party agents and by improperly recording them as legitimate expenses for travel and entertainment, conferences, educational events, and medical studies. These books and records were later consolidated into the financial reports of Novartis, which is listed on the New York Stock Exchange. This conduct resulted in violations of the books and records and internal accounting controls provisions of the FCPA.

Smartwatches herald new legal battles

Kurt Calia is quoted by the Financial Times in this article about the legal battles brewing around smartwatches. According to Calia, who emphasizes the differences between smartphones and smartwatches, “There’s unlikely to be the big titan v titan litigation that we saw in the smartphone wars.” However, he adds, “A lot of the foundational technology that formed ...

Partial stay is okay, says Venezuela annulment committee

Miguel López Forastier is quoted in this Global Arbitration Review article regarding a recent ruling in favor of client Tidewater after an ad hoc ICSID committee finds it had the power to order a partial stay of enforcement resulting in an award of $27.4 million in damages. According to López Forastier, this decision is a “first of its kind.”

First opt-out class action launched in the UK

Alex Leitch and Kenny Henderson are quoted in this GCR article discussing the launch of the first opt-out class action in the UK. According to Leitch, “If the case is not settled and the class is granted a collective proceedings order, this will be the trickle that may form into a steady flowing stream.” He continues by stating that the class seems to be ...

Qualcomm Pays $7.5 Million to Settle Allegations of FCPA Violations in China

On March 1, 2016, the Securities and Exchange Commission announced an agreement with Qualcomm Incorporated to settle charges that it violated the Foreign Corrupt Practices Act by hiring relatives of Chinese government officials to gain business advantages in the Chinese telecommunications market. The SEC also alleged that Qualcomm provided gifts, travels, and entertainment -- including hospitality at sporting events such as the Olympics -- to Chinese officials and their family members to try to influence these officials to adopt and retain its technologies. According to the SEC, Qualcomm misrepresented these improper benefits in its books and records as legitimate business expenses. Qualcomm agreed to pay a civil money penalty of $7.5 million to the SEC without admitting or denying the SEC findings.

Leading Government Contracts Lawyer Joins Covington

WASHINGTON, DC - Peter Hutt II has joined Covington as a partner in the Government Contracts practice. “Further enhancing Covington’s standing within the defense community as a leader in the False Claims Act and government cost accounting standards fields remains a key priority for the firm,” said Jennifer Plitsch, co-chair of the firm’s Government Contracts ...

Covington Trial Team Secures $34 Million Judgment for Venture Capital Funds

SAN FRANCISCO - After a week-long bench trial, a Covington trial team won a $34 million judgment on behalf of clients Draper Esprit, Scottish Equity Partners, and a class of former Zeus Technology investors, prevailing in a lawsuit initiated by San Francisco-based Riverbed Technology. The case, tried in San Francisco Superior Court, lay at the intersection of ...

Anne Lee Named Fellow by The Leadership Council on Legal Diversity

WASHINGTON, DC - The Leadership Council on Legal Diversity (LCLD) has chosen Covington partner Anne Lee to be a member of its 2016 class of Fellows. The program is designed to build relationships and leadership skills that can be passed down to future generations of leaders in the legal profession. Tammy Albarrán, Co-Chair of Diversity Initiatives at Covington ...

Mythili Raman Elected to Membership in the ALI

WASHINGTON, DC - Covington partner Mythili Raman has been elected as a member of The American Law Institute, the leading independent law reform organization dedicated to producing scholarly work that clarifies, modernizes, and improves the law. Ms. Raman, a prominent criminal law practitioner, focuses her practice on white collar defense and government ...

Leading Financial Services Lawyer Joins Covington

WASHINGTON, DC, January 5, 2016 - Covington announced that Eric Mogilnicki has joined the firm as a partner in its Washington office and will co-chair the firm’s new Consumer Financial Services practice. Andrew Smith, who served as a senior financial services lawyer at the Federal Trade Commission prior to joining the firm, will also lead the newly formed ...

The American Lawyer Names Covington “Litigation Department of the Year: Product Liability”

WASHINGTON, DC, December 22, 2015 - The American Lawyer has named Covington its “Litigation Department of the Year: Product Liability.” The magazine recognizes the firm for its “string of big victories in trial and appellate courts, major settlements, plus a creative strategic edge that sets it apart.” In its profile of the firm in its January 2016 issue, The ...

Anne Lee Named to Global Competition Review’s "40 Under 40"

WASHINGTON, DC, December 10, 2015 - Global Competition Review has named Covington partner Anne Lee to its “40 Under 40” list, profiling 40 of the world’s top young antitrust lawyers, enforcers and in-house counsel. Ms. Lee represents clients in complex commercial and antitrust litigation, including cases at the trial and appellate levels in both state and ...

Covington Advises Ascension on $200 Million Investment in Accretive Health

NEW YORK, December 8, 2015 - Covington represented Ascension, the nation’s leading Catholic and non-profit health system, in a $200 million investment transaction with TowerBrook Capital Partners in Accretive Health, a leading provider of revenue cycle management services to healthcare providers. The transaction is expected to close in the first quarter of ...

Paul Schmidt’s “Winning” Strategies Showcased by The National Law Journal

WASHINGTON, DC, November 2, 2015 - The National Law Journal named Covington partner Paul Schmidt to its 2015 “Winning: A Special Report,” an annual feature profiling litigators with significant trial victories and their successful strategies. This year’s list includes 20 of the top litigators in the United States. The report highlighted Mr. Schmidt’s role as ...

Top Litigators Share Winning Strategies: Covington & Burling

Paul Schmidt is featured in The National Law Journal’s special report on Top Litigators, where he shares some of his winning strategies. "The keys are to humanize the company and explain the science in a clear, understandable way," he says.

GE's Head of IP Litigation Rejoins Covington

WASHINGTON, DC, October 19, 2015 - Covington announced that Richard Rainey has rejoined the firm as a partner in its intellectual property practice, one of the firm’s largest groups with more than 140 IP lawyers. A prominent IP trial and appellate litigator, Mr. Rainey previously served as Executive Counsel for Global IP Litigation at GE. “Our patent litigation ...

Hyperdynamics Shows Bribery Probe Peril for Small Companies

Covington’s role in helping Hyperdynamics navigate an FCPA investigation is highlighted in this Wall Street Journal “Risk & Compliance Journal” story. Nancy Kestenbaum said, “It was essential for the company’s survival that it resolve the investigations as quickly as possible.” She also commented on the company’s cooperation throughout. “Recognizing that a ...

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. ...

US style class action lawsuits poised to come into force in UK

London partner Alex Leitch comments in a Financial Times article on the new UK legislation that will allow US-style class action lawsuits when there are breaches of competition law. If the rules are successful, lawyers predict class actions could be applied to other areas, said Mr. Leitch.

Mitchell Kamin Joins Covington's Los Angeles Office

LOS ANGELES, September 14, 2015 - Covington announced that Mitchell Kamin has joined the firm’s litigation and white collar defense and investigation practices in its Los Angeles office. A prominent litigator and community leader who served as co-managing partner of a leading Los Angeles litigation boutique, Mr. Kamin will continue to focus on high stakes ...

National Law Journal Names Phyllis Jones and Daniel Suleiman “D.C. Rising Stars”

WASHINGTON, DC, September 14, 2015 - The National Law Journal has named Phyllis Jones and Daniel Suleiman among its “D.C. Rising Stars.” The list recognizes Washington, D.C.’s “40 most promising lawyers age 40 and under.” Ms. Jones focuses on complex legal issues facing clients in the pharmaceutical and healthcare industries. Her wide-ranging litigation ...

Shout Out: Covington & Burling LLP

Covington lawyers were recognized for winning their third trial in four weeks on behalf of Eli Lilly in the Cymbalta litigation. The latest victory occurred in the U.S. District Court for the Eastern District of Virginia after a six-day trial. The team included partners Michael Imbroscio, Phyllis Jones and Paul Schmidt.

Covington Lawyers Kill on Cross-Exams in Cymbalta Case

Phyllis Jones, Paul Schmidt, and Michael Imbroscio are quoted in an Am Law Litigation Daily article regarding their victory on behalf of client Eli Lilly in the Cymbalta litigation that looks closely at the cross-examination which exploited holes in plaintiff Erin Hexum’s case. During Hexum’s questioning, Jones used personal details from prior testimony to ...

Former U.S. Attorney General Eric Holder Returns to Covington

WASHINGTON, DC, July 6, 2015 — Former U.S. Attorney General Eric H. Holder, Jr., is returning to Covington as a partner after more than six years of service as the nation’s top law enforcement officer. Mr. Holder will be resident in the firm’s Washington office and focus on complex investigations and litigation matters, including matters that are international ...

The National Law Journal Names Covington a Top Litigation Firm

WASHINGTON, DC, June 30, 2015 — The National Law Journal has selected Covington as one of Washington, D.C.’s top three litigation departments. In naming Covington a finalist for its “Washington Litigation Department of the Year” award, the publication noted that in 2014 Covington’s lawyers “kept the big wins coming.” The NLJ highlighted a string of Covington ...

Emily Henn and Robyn Polashuk Named Top Women Lawyers in California

SILICON VALLEY, May 15, 2015 — Covington partners Emily Johnson Henn and Robyn Polashuk have been named to the Daily Journal’s 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, was recognized for her ...

Congress: Don't dismiss neutral dispute settlement for US investors

Covington's Marney Cheek and John Veroneau wrote this article on Investor-state dispute settlement: "Recent calls by anti-trade groups to abandon investor-state arbitration (often referred to as “investor-state dispute settlement,” or ISDS) ignore the modern reality of the global economy and conjure images of Chicken Little’s warnings that the sky is falling. ...

Covington Lawyers Receive Burton Award for Outstanding Legal Writing

WASHINGTON, DC, April 16, 2015 — Covington & Burling’s Simon Frankel and Ethan Forrest have been named recipients of the “2015 Burton Awards for Legal Achievement.” Their article, “Why Should That Matter?’’ The Potentially Dramatic Copyright Implications of the U.S. Supreme Court’s Aereo Decision won in the legal writing for law firms category. The article, ...

Am Law names Covington’s Paul Schmidt and Michael Imbroscio “Litigators of the Week”

WASHINGTON, DC, April 14, 2015 — Am Law Litigation Daily named Covington’s Paul Schmidt and Michael Imbroscio “Litigators of the Week” for leading the defense of Hoffmann-La Roche in the extensive litigation over its acne medication Accutane. Mr. Schmidt and Mr. Imbroscio scored a major victory on April 2 when they convinced a New Jersey state court judge ...

Litigators of the Week: Paul Schmidt and Michael Imbroscio of Covington & Burling

Covington's Paul Schmidt and Michael Imbroscio were named "Litigators of the Week" by AmLaw for their successful representation of Hoffmann-La Roche Inc.: "Not so long ago, Hoffmann-La Roche Inc. faced a grim reality in sprawling litigation over the acne medication Accutane." "In 2007, New Jersey judge Carol Higbee handed an edge to plaintiffs lawyers at ...

Crash Leaves Lufthansa Wide Open to U.S. Litigation

Covington's Dan Suleiman, who was Asiana Airlines Inc.’s lead litigator in the National Transportation Safety Board’s investigation of the July 2013 crash at San Francisco International Airport, is quoted: "The facts, once they’re clear, could support wrongful death or negligence claims but a settlement is the most likely outcome, said Daniel Suleiman, ...

Covington Cites Alice, Babe Ruth to Crush Pricing Patent

Covington's George Pappas and Peter Swanson are mentioned in this article regarding their representation of AOL: In a quartet of lawsuits filed last year, plaintiff Priceplay.com accused AOL Advertising Inc., Facebook Inc., Google Inc. and LinkedIn Corp. of infringing two patents related to online price auctions. But after a victory this week for AOL's lawyers ...

Covington Boosts European Litigation Capabilities with Alex Leitch

LONDON, March 12, 2015 — Covington & Burling is pleased to announce that Alex Leitch is joining the firm’s London office as a partner. Mr. Leitch is a solicitor advocate and advises and represents parties in complex, high value and high profile international disputes. His focus includes disputes arising out of financial markets, with an emphasis on regulatory ...

Judge bars expert testimony linking Accutane to Crohn's disease

Covington's Mike Imbroscio and Paul Schmidt are mentioned regarding their successful representation of Roche in convincing a New Jersey judge to reject the testimony of plaintiffs’ experts who had linked its acne medication Accutane to Crohn's disease.

Family Detention Stay Should Prompt Policy Revamp, Attys Say

Covington's Dennis Auerbach, David Zionts, Philip Levitz and Sonia Lahr-Pastor are mentioned in this article regarding their representation of the plaintiffs who won an injunction last week against the Obama administration's alleged policy of detaining immigrant families seeking asylum as a form of deterrence. Dennis Auerbach of Covington & Burling LLP, who is ...

A Monumental Year for Trade Secrets: Focus in 2015 Will Be on New Legislation

Covington's Kurt Calia was interviewed for this article regarding trade secrets legislation. "There is growing appreciation for the fact that, with patent eligibility being what it is, it is time for some people to start thinking about protecting their inventions through other forms of intellectual property,’’ Kurt G. Calia of Covington & Burling LLP, Redwood ...

Former SF USAO Securities Fraud Chief Joins Covington

SAN FRANCISCO, January 20, 2015 — Douglas Sprague, former chief of the San Francisco U.S. Attorney’s Office Economic Crimes and Securities Fraud section, has joined Covington & Burling’s litigation group as a partner, further strengthening the firm’s highly regarded white collar practice. He will be resident in Covington’s San Francisco office. Mr. Sprague has ...

Gilead Wins Dismissal Of Defective Drug Fraud Suit

Covington's Ethan Posner is mentioned in this article regarding their representation of Gilead Sciences Inc.: "A California federal judge on Wednesday tossed allegations that Gilead Sciences Inc. cheated the government by selling contaminated and defective drugs to Medicare and Medicaid, finding that the whistleblowers failed to state a claim under the False ...

Covington Secures Federal Circuit Win for TI

Covington partners Robert Haslam and Anupam Sharma are mentioned in this article regarding their recent win for Texas Instruments: '"The Federal Circuit affirmed that decision summarily on Thursday, handing a win to TI and a Covington & Burling team led by partners Robert Haslam and Anupam Sharma. "We are grateful that the Federal Circuit affirmed Judge ...

Covington Hires IP Litigation Partner in Beijing

Covington partner Ruixue Ran is featured in this article regarding her joining the firm's IP practice in Beijing: "Ran Ruixue, who was most recently a partner at China's Jun He Law Offices, specializes in Section 337 investigations and is one of the first Chinese lawyers practicing in that area. Section 337 (of Tariff Act of 1930) investigations refer to the ...

Covington & Burling Adds IP, Trade Lawyer To Beijing Office

Covington partner Ruixue Ran is featured in this article regarding her joining the firm's IP practice in Beijing: "Ran's practice has included assisting Chinese companies that appear in litigation in United States federal and state courts and that participate in commercial IP transactions. At her prior firm, Ran advised local and international clients regarding ...

Covington’s Robert Wick Named Am Law’s ‘Litigator of the Week’

WASHINGTON, DC, December 5, 2014 - For the second time this year, Am Law Litigation Daily named Covington & Burling’s Robert Wick as “Litigator of the Week.” Mr. Wick was honored for convincing the U.S. Court of Appeals for the Seventh Circuit to reject Motorola's attempt to hold Samsung Electronics and several other of the world’s largest liquid crystal display ...

Litigator of the Week: Robert Wick of Covington & Burling

Covington's Robert Wick was named Litigator of the Week by American Lawyer for his representation of Samsung: "For a group of Asian liquid crystal display manufacturers sued by Motorola Mobility Inc., things were looking awfully grim back in the summer of 2012. A California federal judge had refused to toss claims that the defendants fixed prices for LCD panels ...

Covington Defeats Motorola’s Appeal of $3.5 Billion Antitrust Ruling

WASHINGTON, DC, November 26, 2014 — The U.S. Court of Appeals for the Seventh Circuit today rejected Motorola Mobility LLC's attempt to hold Samsung Electronics and several other of the world’s largest liquid crystal display manufacturers liable under U.S. antitrust law for allegedly fixing prices of mobile phone displays sold to Motorola’s foreign subsidiaries. ...

U.S. court rejects Motorola Mobility price-fixing appeal

Robert Wick, Jeffrey Davidson, Derek Ludwin, John Playforth and David Zionts are mentioned in these articles regarding their representation of Samsung. From WSJ: "Robert Wick, a Covington & Burling lawyer who represented the LCD makers, said the court’s ruling meant Motorola would have to assert its claims under foreign law." “The court’s opinion basically ...

Whether and How a Bid Protest Should Allege Bias: Court of Federal Claims Opinion Answers Some Questions, Raises Others

Covington's Scott Freling has authored this piece on bid protesters: "If a bid protester is weighing whether to accuse an agency of bias, there usually are two separate, potentially cross-cutting concerns: (1) whether, and to what extent, the allegation might affect customer relations; and (2) whether the allegation is likely to gain traction during the ...

Martoma And Litvak: Prison Can Wait ... Sometimes

Covington's Daniel Suleiman authored this article on Matthew Martoma, former trader at SAC Capital Advisors LP who was sentenced to nine years in prison for insider trading: "Defendants convicted of violent crimes rarely have the luxury of avoiding incarceration after conviction. But it seemed possible that Martoma, who was convicted of selling shares in two ...

2nd Circ. Denies Union Intervention In Stop-And-Frisk Suits

Covington partner Phil Irwin is quoted in this article regarding Covington's representation of the plaintiffs in the New York stop-and-frisk case: "Phil Irwin of Covington & Burling LLP, attorney for plaintiffs, told Law360 that the rulings reject the efforts by the unions to stand in the way of genuine reform." “We look forward to beginning a remedial ...

Verizon Wins Challenge to Pension Transfer; Investment Guidelines Need Not Be Disclosed

Covington's Jeffrey Huvelle is quoted regarding his representation of Verizon: “Verizon is pleased that the Fifth Circuit agreed with Judge Fish's well-reasoned decision that Verizon's spinoff complied with ERISA,” Huvelle told Bloomberg BNA on Oct. 15. He added that the document disclosure claims at issue “related to SuperMedia, not Verizon.”

Knowles Wins ITC Suit Over Microphone Patents

Sturgis Sobin, Alexander Chinoy, Brian Bieluch, Jeffrey Lerner, David Garr, Jay Alexander and Robert Haslam are mentioned in this article regarding their representation of Knowles Corporation in their patent infringement victory before the U.S. International Trade Commission.

Standing up for the little guy

Covington partners Marney Cheek and Jonathan Gimblett are featured in this article regarding their representation of Yukos minority shareholders: “The writing is on the wall. Once again, Russia has been held accountable for its actions,” Marney Cheek, a Covington & Burling partner who represented the Spanish investors, tells CDR. Indeed, Jonathan Gimblett, ...

Covington’s Mythili Raman Named “Legal Champion”

WASHINGTON, DC, September 12, 2014 — The Washington Business Journal named Covington & Burling partner Mythili Raman a “Legal Champion.” The inaugural award series recognizes distinguished legal professionals from law firms, and general counsels from corporations and nonprofits in the Washington region. Ms. Raman, a former prosecutor, recently served as Acting ...

David Goodwin Named to List of “Top 100 Lawyers” in California

SAN FRANCISCO, September 12, 2014 — For the second year in a row, Covington & Burling partner David Goodwin was named to the Daily Journal’s list of “Top 100 Lawyers” in California. The list honors “lawyers who have impact — on an industry or on the larger society,” according to the publication’s editors. Mr. Goodwin was recognized for his work representing ...

Yukos award survives Swedish action

The articles above reference the Stockholm District Court dismissing the Russian Federation’s jurisdictional challenge to a previous arbitration ruling that ordered Russia to compensate a group of Spanish investors for the losses they suffered when the government expropriated the Yukos Oil Company, one of the largest oil and gas companies in the world. The ...

5 Dodd-Frank Reforms That Keep Energy Attys Up At Night

Covington's Stephen Humenik is quoted in this article regarding which aspects of Dodd-Frank rules are the source of most concern for energy firms: "Most of the Dodd-Frank rules affecting energy firms — primarily issued by the U.S. Commodity Futures Trading Commission — are already on the books either in proposed or final form." “There are few important ones ...

Navigating the NTSB's Asiana Airlines Crash Investigation

Covington's Daniel Suleiman is featured in this article on Asiana Airlines Crash Investigation: NLJ: How did the NTSB investigation unfold? What happened first? SULEIMAN: In any NTSB investigation, the agency sends out what’s called a “go” team immediately after an incident, whether it’s a pipeline explosion or an airplane crash or a derailment. One of the ...

S.E.C. Commissioner Rebukes His Colleagues

Covington's David Martin is quoted in this article regarding Luis Aguilar, a commissioner at the S.E.C., stating that he was concerned that the agency’s stance on cases involving executives who put misleading and fraudulent numbers into their financial filings might be weakening. "Mr. Aguilar’s missive goes to the heart of one of the S.E.C.’s main jobs – ...

Airlines Say Antitrust MDL Barred By Filed-Rate Doctrine

Covington partner Anita Stork recently argued a motion summary judgement for client Philippine Airlines, which is quoted in this article: "Under questioning from Judge Breyer, Philippines Airlines attorney Anita Stork of Covington & Burling LLP said the airlines file the majority of their rates with the ATPCO, and the remainder are “unfiled rates within the ...

Covington Scores Appellate Victory on Behalf of Chiquita

WASHINGTON, DC, July 24, 2014 — Covington & Burling on Thursday secured an appellate victory on behalf of Chiquita Brands International, Inc. and Chiquita Fresh North America LLC in long-running litigation brought by more than six thousand Colombian plaintiffs. Beginning in 2008, these plaintiffs asserted claims against Chiquita under the Alien Tort Statute and ...

11th Circ. Tosses Chiquita Colombia War Crimes Claims

Covington is mentioned in regards to securing an appellate victory on behalf of Chiquita Brands International, Inc. and Chiquita Fresh North America LLC in long-running litigation brought by more than six thousand Colombian plaintiffs.

Appeals Court Derails Massive Chiquita Alien Tort Case

In a statement of his own, Covington's John Hall said the company is gratified that the court "faithfully followed Kiobel and held that the Alien Tort Statute doesn't confer jurisdiction over these plainly extraterritorial claims." He also said that plaintiffs lawyers have misrepresented Chiquita's guilty plea, "trying to make it appear that Chiquita's ...

Inside The Proposed DFARS Business Systems Rule

Susan Cassidy, Scott Freling and Kayleigh Scalzo have co-authored this article about the U.S. Department of Defense issuing a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) in order to improve the efficiency and effectiveness of auditing contractors’ accounting systems, estimating systems, and material management and ...

Chinese group wins Cfius legal case

Covington's Mark Plotkin is quoted regarding a court ruling allowing a Chinese-owned company to obtain evidence on why its bid for wind farms was rejected. “In a broad way, it does call into question the invulnerability of judicial review,” said Mark Plotkin, a partner at law firm Covington & Burling. “It shows that Congress can never legislate away the ...

Covington Wins Two American Lawyer Global Legal Awards

WASHINGTON, DC, July 14, 2014 — Covington & Burling has been recognized as an honoree of two American Lawyer Global Legal Awards: Global M&A Deal of the Year: Europe/Finland and Global Dispute of the Year: U.S. Human Rights Litigation. Covington’s mergers & acquisitions practice represents companies, investment banks and private equity firms in public and ...

The Daily Startup: SEC ‘Pay to Play’ Penalty for TL Ventures Could Be First of Many in VC

Robert Kelner is quoted regarding the Securities and Exchange Commission charging TL Ventures for violating three-year-old “pay-to-play” rules related to political contributions. "Robert Kelner of law firm Covington & Burling said more firms could attract the scrutiny of the SEC. “Given the complexity of the rule, and the number of small- to mid-sized firms, ...

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."

Former DOJ Criminal Division Chief Mythili Raman Joins Covington

WASHINGTON, DC, April 29, 2014 — Mythili Raman, most recently Acting Assistant Attorney General for the Criminal Division at the U.S. Department of Justice, is joining Covington & Burling as a partner. Ms. Raman will practice in the firm’s litigation and white collar groups and be resident in the Washington office. Ms. Raman joined the Justice Department in ...

Covington’s Phyllis Jones Named “Rising Star”

WASHINGTON, DC, April 28, 2014 — Law360 has named Covington & Burling’s Phyllis Jones a recipient of its “Rising Star” award in the product liability category. The award honors attorneys under the age of 40 whose “legal accomplishments belie their age.” In its profile, Law360 wrote that Ms. Jones has “taken on big responsibilities in a variety of high-stakes ...

A Blow To State Encroachment On Federal Turf

Ethan Posner and Christopher Denig write on the implications of the Arkansas Supreme Court overturning a $1.2 billion judgment against Janssen in the Risperdal litigation brought by the Arkansas Attorney General Dustin McDaniel alleging thousands of violations of the Arkansas Medicaid Fraud False Claims Act and Arkansas Deceptive Trade Practices Act.

Shin and Haslam Named Top IP Lawyers in California

SAN FRANCISCO, April 11, 2014 — Covington & Burling partners Robert Haslam and Clara Shin were named to the Daily Journal’s annual list of “Top Intellectual Property Attorneys” in California. The list recognizes 75 litigators and 25 patent managers and patent prosecutors from around the state. Ms. Shin was recognized for work representing clothing company ...

Albarrán and Carlson Named to Global Investigations Review’s “40 Under 40”

SAN FRANCISCO, April 2, 2014 — Global Investigations Review magazine has named Covington & Burling partners Tammy Albarrán and Eric Carlson to its inaugural list of 40 leading investigations lawyers under the age of 40. The list recognizes the “next generation that will lead the global investigations bar.” Ms. Albarrán, 39, is based in Covington’s San Francisco ...

Power Surge for Donors as Terrain Is Reshaped on Campaign Money

Covington partner Rob Kelner is quoted regarding the Supreme Court ruling on McCutcheon v. Federal Election Commission. The article states, “The Supreme Court ruling will dramatically increase the importance of major donors in federal elections,' said Robert K. Kelner, a Republican election lawyer."

U.S. prosecutors eye new approach on company misconduct after Toyota

Daniel Suleiman, partner at Covington, is quoted in regards to charges of wire fraud against Toyota for concealing safety problems, which marked the first criminal case of its kind against an auto company: "Prosecutors can only be as successful as the facts allow, but the Toyota agreement puts companies on notice that when you have a problem, you need to deal ...

Covington Secures Jury Verdict for Salix Pharmaceuticals

WASHINGTON, DC, February 25, 2014 —Covington & Burling secured a defense verdict for Salix Pharmaceuticals today after a jury rejected all of Napo Pharmaceuticals’ breach of contract claims related to Fulyzaq (Crofelemer). Following a two-week trial before New York Supreme Court Justice O. Peter Sherwood, a jury rejected all of Napo’s claims against Salix, ...

Covington’s Robert Wick Named Am Law’s ‘Co-Litigator of the Week’

WASHINGTON, DC, January 31, 2014 — Am Law Litigation Daily named Covington & Burling’s Robert Wick as “Co-Litigator of the Week” for his role in securing dismissal of various antitrust claims, valued at more than $3 billion, brought by Motorola Mobility against Samsung Electronics and several other liquid crystal display manufacturers. In a ruling issued on ...

The American Lawyer Names Covington Among Top Litigation Departments of the Year

WASHINGTON, DC, January 3, 2014 — Covington & Burling has been selected by The American Lawyer as one of the nation’s top six litigation departments. A profile of the firm’s litigation practice is featured in the January 2014 issue of the magazine. In naming Covington a finalist for its biennial “Litigation Department of the Year” award, The American Lawyer ...

Covington Wins Six LMG Life Sciences Awards

NEW YORK, September 27, 2013 — Covington & Burling received six awards at the inaugural LMG Life Sciences awards on September 25, including “FDA Pharmaceutical Firm of the Year” and Richard Kingham’s induction to the Hall of Fame. The awards, which are selected based on a survey of peers and leading companies in the life sciences industry, “recognize and honor ...

Deming and Goodwin Named to List of “Top 100 Lawyers” in California

SAN FRANCISCO, September 12, 2013 — Covington & Burling partners Bruce Deming and David Goodwin have been named to the Daily Journal’s list of “Top 100 Lawyers” in California. The list recognizes “the tremendous legal talent” in the state, according to the publication’s editors. Mr. Deming was recognized for his work representing Microsoft Corp. in major ...

Covington Boosts International Arbitration and Energy Practices with London Hires

LONDON, 2 July, 2013 — Covington & Burling LLP is pleased to announce that Ben Holland and Jeremy Wilson are joining the firm’s London office as partners. Both will practice in Covington’s international arbitration and commercial litigation practice groups, focusing on energy-related disputes. They are joining a well-established team that has been at the ...

National Law Journal Names Covington Best White Collar Practice

WASHINGTON, DC, June 24, 2013 — The National Law Journal named Covington & Burling today as the winner of its Washington Litigation Department of the Year contest in the white collar defense practice category. “We are honored that the National Law Journal has recognized the many strengths of Covington’s white collar and investigations practice,” said Timothy ...

Toro and Winner Named Top Women Lawyers in California

SAN FRANCISCO, May 9, 2013 — Covington & Burling partners Amy Toro and Sonya Winner have been named to the Daily Journal’s annual list of “Top Women Lawyers” in California. The list, which includes 75 litigators and 25 corporate practitioners, recognizes “excellent lawyering and leadership skills among women attorneys.” Ms. Toro was recognized for her work ...

DOJ Criminal Division Head Lanny A. Breuer Returns to Covington As Vice Chair

WASHINGTON, DC, March 28, 2013 — Lanny A. Breuer, most recently the Assistant Attorney General for the Criminal Division at the U.S. Department of Justice, is returning to Covington & Burling as Vice Chair of the firm. Mr. Breuer’s practice will encompass a wide range of civil and criminal litigation matters, as well as governmental and internal investigations. ...

Covington Scores Appellate Win in Persian Antiquities Case

SAN FRANCISCO, March 19, 2013 — Covington & Burling secured an appellate victory on behalf of Boston’s Museum of Fine Arts (MFA) in a long-running dispute over Persian antiquities held by the museum. The U.S. Circuit Court of Appeals for the First Circuit ruled on February 27 that the MFA and Harvard University do not have to turn over thousands of antiquities ...

Top Environmental Lawyer Don Elliott Joins Covington

WASHINGTON, DC, January 8, 2013 — E. Donald Elliott, a leading environmental and administrative lawyer and scholar, has joined Covington & Burling, strengthening the firm’s top-ranked environmental and product liability practices. Mr. Elliott has more than 30 years of experience in environmental law, administrative law and product liability and toxic torts. He ...

Jean Veta Named Am Law’s 'Litigator of the Week'

WASHINGTON, DC, December 21, 2012 — Am Law Litigation Daily named Covington & Burling’s D. Jean Veta as “Litigator of the Week” for leading the defense of former IndyMac CEO Michael Perry, who was sued by both the SEC and the FDIC as a result of one of the largest bank failures in the nation’s history. Last week, Perry reached a $12 million settlement with the ...

Lynn Neils Joins Covington’s White Collar Practice

NEW YORK, October 2, 2012 — Former federal prosecutor Lynn Neils joins Covington & Burling’s litigation group as a partner, strengthening the firm’s highly regarded white collar practice. She will be resident in Covington’s New York office. A prosecutor in the U.S. Attorney’s Offices for the Southern District of New York and the District of New Jersey for more ...

Covington Promotes 15 Lawyers to Partnership

WASHINGTON, DC, October 1, 2012 — Covington & Burling is pleased to announce that it has elected 15 new lawyers to its partnership. This group is comprised of diverse and talented individuals from five offices who have made their mark at the firm through exceptional work and the highest standards of client service. “We’re delighted to welcome these 15 lawyers to ...

Covington Scores Major Victory for Russian Media Empire

NEW YORK, NY, August 20, 2012 — After a five-month bench trial, Covington & Burling won a verdict of nearly $30 million on behalf of Russian media magnate Vladimir Gusinski in a dispute against a Russian rival over the ownership of the Ukrainian television network, TVi Channel. In 2008, Mr. Gusinski formed a Delaware partnership entity with Russian businessman, ...

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 ...

Covington’s International Arbitration Practice Shortlisted for Chambers Latin America Award

WASHINGTON, DC, July 26, 2012 — Covington & Burling LLP’s international arbitration practice has been nominated for a Chambers Latin America Award for Excellence. The awards recognize notable achievements over the past year, including outstanding work, impressive strategic growth, and excellence in client service. The Chambers Latin America Awards for ...

Covington Helps Secure Class Certification in Suit Challenging NYPD Stop-and-Frisk Policies

NEW YORK, May 16, 2012 — A federal judge today granted class certification in a lawsuit challenging the New York Police Department’s stop-and-frisk policies and practices as unconstitutional and racially discriminatory in violation of the Fourth and Fourteenth Amendments. The ruling in Floyd v. City of New York, et al. (S.D.N.Y.) allows anyone who was unlawfully ...

Sonya Winner Named to List of “Top Women Lawyers” in California

SAN FRANCISCO, May 9, 2012 — Covington & Burling LLP partner Sonya Winner has been named to the Daily Journal’s list of “Top Women Lawyers” in California. The list, which includes 75 litigators and 25 corporate practitioners, recognizes “excellent lawyering and leadership skills among women attorneys.” Ms. Winner was recognized for her work representing ...

Covington Lawyers Recognized by D.C. Super Lawyers

WASHINGTON, DC, May 2, 2012 — D.C. Super Lawyers selected 64 Covington & Burling lawyers for its 2012 list of top legal talent. Super Lawyers selects no more than five percent of the total lawyers who practice in Washington based on peer review and the publication’s independent research. Deborah Garza and Robert Long have been named among the “Top 100” for ...

Covington Announces Six New Counsel

WASHINGTON, DC, April 16, 2012 — Covington & Burling is pleased to announce the promotion of one lawyer to of counsel and five lawyers to special counsel, effective April 1, 2012. Wendy Feng (San Francisco), the new of counsel, represents policyholders in insurance coverage cases in state and federal courts. She provides strategic claims-related advice and has ...

Clara Shin Joins Covington’s Litigation Practice

SAN FRANCISCO, March 26, 2012 — Covington & Burling LLP is pleased to announce that Clara Shin has joined the firm’s litigation practice as a partner. She will be resident in the firm’s San Francisco office. Ms. Shin has more than a decade of experience representing companies in cutting-edge intellectual property disputes, including copyright and trademark ...

BTI Names Covington’s Tim Hester to ‘Client Service All-Stars’ List

WASHINGTON, DC, February 15, 2012 — BTI Consulting Group named Tim Hester, chair of Covington & Burling’s management committee, as one of its 2012 “Client Service All-Stars.” The BTI “Client Service All-Stars” are North American and European lawyers who have been identified based on the unprompted, unequivocal recommendations from corporate counsel for ...

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 ...

Washingtonian Names 34 Covington Attorneys ‘Best Lawyers’

WASHINGTON, DC, November 30, 2011 — Washingtonian magazine has named 34 Covington & Burling attorneys as “Best Lawyers” in its December issue. The biennial list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the approximately 800 “Best Lawyers” identified in the issue, Washingtonian included profiles of 31 ...

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 Promotes 10 Lawyers to Partnership

WASHINGTON, DC, October 3, 2011 — Covington & Burling LLP announced today that 10 of its lawyers have been elected to the firm’s partnership effective October 1. This group is comprised of diverse and talented individuals who have made their mark at Covington through exceptional work and the highest standards of client service. “We’re delighted to welcome these ...

Covington Wins Sunken Treasure for Spain

WASHINGTON, DC, September 21, 2011 —The U.S. Court of Appeals for the 11th Circuit ruled today that the remains of a 19th Century Spanish warship and its cargo taken by an American treasure hunting company must be returned to Spain. Covington & Burling represented Spain in the dispute. In a 53-page opinion, the court of appeals found that Odyssey Marine ...

Chambers USA Recognizes Covington with 123 Individual, 45 Practice Nods

WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 123 individual mentions and 45 practice mentions in Chambers USA 2011. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...

Covington Announces Five New Counsel

WASHINGTON, DC, April 1, 2011 — Covington & Burling LLP is pleased to announce the promotion of two lawyers to of counsel and three lawyers to special counsel. The new of counsel are as follows: Alex Chinoy (Washington) focuses his practice on the resolution of international intellectual property disputes, with an emphasis on Section 337 unfair import ...

Covington Scores Significant Victory for Family Dollar

WASHINGTON, DC, March 30, 2011 — Covington & Burling LLP has secured an important victory in the U.S. Court of Appeals for the Fourth Circuit on behalf of Family Dollar Stores, Inc., which had been accused of violating the Fair Labor Standards Act. At issue is whether a group of current and former managers at Family Dollar Stores should qualify for overtime pay ...

Covington Adds Top Antitrust and White Collar Litigators

WASHINGTON, DC, March 11, 2011 — Covington & Burling LLP announced today that four highly regarded and seasoned antitrust litigators are joining the firm. John Nields, Alan Wiseman, Andrew Lazerow and Jason Raofield, all partners from Howrey LLP, will be resident in Covington’s Washington office effective Monday. “This group significantly expands the depth and ...

Four Covington Lawyers Named ‘2011 Lawyer of the Year’

WASHINGTON, DC, November 16, 2010 — Four Covington & Burling LLP lawyers have been recognized as the "2011 Lawyer of the Year" in their respective practice areas by The Best Lawyers in America. Only a single lawyer in each specialty in each community is honored. The Covington lawyers recognized for this honor are: Jonathan Blake, Washington Communications ...

Covington Advises on Implementation of Federal Women’s Procurement Program

WASHINGTON, DC, October 11, 2010 — The Small Business Administration (SBA) published in the Federal Register on October 7 the final rule for the Women’s Federal Procurement Program, a set-aside program for women-owned small businesses. The milestone capped a ten year effort that spanned three presidential administrations and three branches of government. ...

Covington Promotes Six Lawyers to Partnership

WASHINGTON, DC, October 1, 2010 — Covington & Burling LLP today announced that six of its lawyers have been elected to the firm’s partnership. The six new partners and their practices are as follows: Tammy Albarrán (Litigation) focuses on SEC enforcement work, private securities class action litigation, derivative actions, and internal investigations. She ...

Senior Department of Justice Official Returns to Covington

WASHINGTON, DC, September 29, 2010 — Covington & Burling LLP is pleased to announce that, after serving at the U.S. Department of Justice as Deputy Chief of Staff and Counselor to the Attorney General, former Covington partner Jim Garland will return to the firm on October 1. His practice will focus on complex commercial litigation, including matters involving ...

Senior DOJ Criminal Division Official Returns to Covington

WASHINGTON, DC, September 1, 2010 — Covington & Burling LLP is pleased to announce that Steven Fagell, most recently the Deputy Chief of Staff and Counselor to the Assistant Attorney General of the Criminal Division at the U.S. Department of Justice, has rejoined the firm as a partner. Mr. Fagell will practice in the firm’s litigation group, with a particular ...

Covington Prevails for Dairy Processor in Vermont Class Action

WASHINGTON, DC, August 31, 2010 — The U.S. District Court for the District of Vermont has ruled in favor of HP Hood, the second largest dairy processor in the Northeast, in a class action antitrust lawsuit alleging a restraint of trade in the dairy industry. In a 41-page decision issued August 30, federal district judge Christina Reiss granted HP Hood’s motion ...

Covington Receives 138 Individual Mentions in 2011 Edition of Best Lawyers

WASHINGTON, DC, August 6, 2010 — Covington & Burling LLP received 138 individual mentions in 40 areas of law in the 2011 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...

Covington Advises SandRidge Energy on Closing of Merger with Arena Resources, Creating a $6.2 Billion Company

NEW YORK, July 20, 2010 — SandRidge Energy, Inc. has completed its acquisition of Arena Resources, Inc., creating a combined company with an enterprise value of approximately $6.2 billion. Covington & Burling LLP advised SandRidge Energy on the transaction. The merger closed on July 16 following special meetings of the stockholders of each company. The ...

Covington Secures Victory for George Mason University in Sexual Harassment Case

WASHINGTON, DC, May 24, 2010 — Covington & Burling LLP obtained summary judgment on all claims asserted by law professor Kyndra Rotunda against George Mason University. Ms. Rotunda had sued the University for sexual harassment, retaliation, pay discrimination, and constructive discharge in the U.S. District Court for the Eastern District of Virginia. After ...

Washingtonian Names 25 Covington Attorneys ‘Top Lawyers’

WASHINGTON, DC, November 23, 2009 — Twenty-five Covington & Burling LLP attorneys are recognized as “Top Lawyers” in the December issue of Washingtonian magazine. The list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the “Top Lawyers,” Washingtonian identified 30 as “stars of the bar.” Among them is Michael ...

Covington Secures Retrial for Former Death Row Inmate

WASHINGTON, DC, November 19, 2009 — The Mississippi Court of Appeals has granted a retrial for Covington & Burling LLP client Cory Maye, who was convicted and sentenced to death for the 2001 shooting of a police officer that occurred during a narcotics task force search of Mr. Maye’s home. In its opinion of November 17, the Court of Appeals found that Mr. Maye ...

Covington Shortlisted for Chambers Latin America Award

WASHINGTON, DC, October 27, 2009 — Covington & Burling LLP’s international arbitration practice has been nominated for a Chambers Latin America Award for Excellence. The awards recognize significant achievements over the past 12 months, including notable work, strategic growth, excellence in client service, and contribution to the legal profession. Covington’s ...

Covington Promotes 10 Lawyers to Partnership

WASHINGTON, DC, October 1, 2009 — Covington & Burling LLP today announced that ten of its lawyers have been elected to the firm’s partnership effective today. The new partners practice in the corporate, litigation, and regulatory fields. The ten new partners and their practices are as follows: Marney Cheek (International) represents companies and trade ...

Covington Advises Special Committee of Independent Directors of Charlotte Russe on $380M Acquisition by Advent International

NEW YORK, NY, August 24, 2009 — Charlotte Russe Holding, Inc., a leading mall-based specialty retailer for young women, announced today that it has entered into a definitive agreement to be acquired and taken private by investment funds managed by Advent International Corporation. Covington & Burling LLP advised the Charlotte Russe Special Committee on the ...

Covington Receives 131 Individual Mentions in 2010 Edition of Best Lawyers

WASHINGTON, DC, August 7, 2009 — Covington & Burling LLP received 131 individual mentions in 38 areas of law in the 2010 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...

Daily Journal Names Covington’s Stork and Winner to ‘Top Women Litigators’ List

SAN FRANCISCO, CA, May 19, 2009 — Covington & Burling LLP partners Anita Stork and Sonya Winner have been named “Top Women Litigators” by the Los Angeles and San Francisco Daily Journal. In naming Ms. Winner a “Top Woman Litigator” for the third consecutive year, the editors cited her victories on behalf of Bank of America and Wells Fargo in antitrust and ...

Covington Boosts London IP Practice With Arrival of Morag Peberdy

LONDON, February 23, 2009 — Covington & Burling LLP is pleased to announce the arrival of Morag Peberdy, who joins the London office as of counsel in the IP Group. Ms. Peberdy’s practice covers all aspects of contentious and non-contentious intellectual property matters, including licensing, M&A, and litigation. Her broad experience extends to all forms of ...

Covington Secures Dismissal of Two Securities Class Action Lawsuits in S.D.N.Y.

WASHINGTON, DC, January 29, 2009 — The U.S. District Court for the Southern District of New York has dismissed two securities class actions against Quanta Capital Holdings Ltd. that arose out of the company’s alleged under-estimation of losses from the extraordinary hurricanes of 2005. In two lengthy opinions, Judge Robert P. Patterson, Jr. rejected all claims ...

Covington Announces Major Expansion of its Patent Litigation Practice and West Coast Presence

WASHINGTON, DC, October 6, 2008 — Covington & Burling LLP is significantly expanding its national intellectual property litigation practice with the addition of approximately 50 lawyers in California and Washington, DC. Covington is also opening new offices in Silicon Valley, where it already has a large client base, and San Diego, which presents significant ...

Covington Promotes 12 Lawyers to the Partnership

WASHINGTON, DC, October 1, 2008 — Covington & Burling LLP today announced that 12 of its lawyers have been elected to the firm’s partnership. These new partners are resident in four of the firm’s offices and practice in the litigation, corporate/tax, and regulatory fields. Timothy Hester, chair of the firm’s management committee, commented: “These young and ...

Covington Receives 124 Individual Mentions in 2009 Edition of Best Lawyers

WASHINGTON, DC, September 29, 2008 — Covington & Burling LLP received 124 individual mentions in 40 areas of law in the 2009 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...

Chambers USA Gives Covington 81 Individual, 45 Practice Nods

WASHINGTON, DC, June 16, 2008 — Covington & Burling LLP received 81 individual mentions and 45 practice mentions in the newly released 2008 Chambers USA. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington ...

Two Covington Partners Among National Law Journal’s ‘50 Most Influential Minority Lawyers’

WASHINGTON, DC, May 27, 2008 — The National Law Journal has named Covington & Burling LLP partners Eric Holder and Thomas Williamson to its survey of “The 50 Most Influential Minority Lawyers in America.” The first-ever list, which honors lawyers who have had a national impact in their legal fields during the past five years, is featured in the NLJ’s May 26 ...

Daily Journal Again Names Covington’s Winner to ‘Top 75 Women Litigators’ List

SAN FRANCISCO, CA, May 15, 2008 — Covington & Burling LLP partner Sonya Winner has been named one of "Top 75 Women Litigators" by the Los Angeles and San Francisco Daily Journal for the second consecutive year. Ms. Winner was a founding partner of Covington’s San Francisco office in 1999 and has a highly successful civil litigation practice in the state and ...

Covington Named to NLJ’s ‘Appellate Hot List’

WASHINGTON, DC, April 9, 2008 — Covington & Burling LLP has been named to The National Law Journal’s inaugural “Appellate Hot List.” The “Hot List,” featured in the publication’s April 7 issue, recognizes 20 firms whose appellate track records included significant 2007 victories in cases with high financial stakes or that presented important legal principles. ...

Covington Announces Nine New Counsel

WASHINGTON, DC, April 3, 2008 — Covington & Burling LLP has announced the promotion of four new of counsels and five new special counsels in the firm’s five offices. The new of counsels are as follows: Christopher Denig (Washington) focuses on representing clients in complex federal civil litigation (including class actions), internal corporate ...

The American Lawyer Names Covington One of the Top Five Litigation Departments of the Year

WASHINGTON, DC, January 2, 2008 — Covington & Burling LLP has been selected by The American Lawyer as one of the nation’s top five litigation departments. The recognition, and a profile on the firm’s litigation practice, are featured in the widely read publication’s January 2008 issue. In naming Covington one of five finalists for its biennial Litigation ...

Covington Secures D.C. Circuit Victory Dismissing Class Action Against Milk Sellers

WASHINGTON, DC, December 7, 2007 — The U.S. Court of Appeals for the D.C. Circuit has affirmed the dismissal of a class-action lawsuit challenging the absence of warning labels on milk informing consumers of the purported risks of lactose intolerance. Covington & Burling LLP successfully represented the defendants, which included Giant of Maryland, Nestle ...

Covington’s Defense of STOLICHNAYA Trademark Wins WORLDleaders International IP Award

WASHINGTON, DC, November 16, 2007 — Covington & Burling LLP was awarded the WORLDleaders International IP Award for trademark excellence at an awards dinner held at the Grosvenor House in London last night. The WORLDleaders IP Awards are presented annually by the publishers of Trademark World, Patent World, and Copyright World, the world’s leading titles for ...

Covington Secures Arbitration Victory for GPC Biotech

WASHINGTON, DC, November 6, 2007 — Covington & Burling LLP has won a favorable arbitration ruling for GPC Biotech AG in its dispute with Spectrum Pharmaceuticals, Inc. Yesterday, a three-arbitrator panel of the American Arbitration Association unanimously rejected all of Spectrum’s claims against GPC Biotech under their co-development and license agreement for ...

Covington’s Eizenstat and Pappas Take Top Honors at “Leading Lawyers” Awards

WASHINGTON, DC, October 24, 2007 — Covington & Burling LLP partners Stuart E. Eizenstat and George F. Pappas were recognized as the “Leading Lawyers” in their respective fields at the Legal Times Leading Lawyers awards presentation held last night at the Willard Inter-Continental Washington. The awards presentation was the culmination of the publication’s ...

Covington Secures Victory for Foster Wheeler in Coverage Appeal

WASHINGTON, DC, October 15, 2007 — Covington & Burling LLP has secured a major appellate victory in New York’s high court for Foster Wheeler LLC. On October 11, 2007, the New York Court of Appeals unanimously agreed that New Jersey law, rather than New York law, governs Foster Wheeler’s disputes with its insurers over coverage for asbestos bodily injury claims. ...

Covington Secures Asylum for Chechen Client

NEW YORK, NY, October 12, 2007 — Covington & Burling LLP recently obtained asylum for a Chechen client and her husband. The firm’s client, a Russian national and ethnic Chechen, came to the United States from Chechnya in 2006 on a work and travel visa. Shortly after arriving, she learned that her mother, who works for the Chechen Ministry of Education, had ...

Covington Scores Win for NFL, Falcons in Dispute Over Vick Bonus Money

WASHINGTON, DC, October 10, 2007 — A court-appointed special master ruled yesterday in favor of the Atlanta Falcons and the NFL Management Council in connection with the Falcons’ attempt to recover more than $19 million in bonus money paid to now-suspended quarterback Michael Vick. Special Master Stephen B. Burbank, professor at the University of Pennsylvania ...

Covington Secures Appellate Victory in Sears Coverage Case

WASHINGTON, DC, October 9, 2007 — On October 4, 2007, the California Court of Appeal unanimously affirmed a $26.6 million judgment for Sears, Roebuck and Co. against an AIG affiliate for losses covered under a CrimeGuard insurance policy. Covington & Burling LLP has represented Sears at both the trial and appellate levels since the lawsuit was filed in 2001 to ...

Covington Elects Six New Partners

WASHINGTON, DC, October 1, 2007 — Covington & Burling LLP announced that six of its associates have been elected to the firm’s partnership, effective today. Stuart Stock, chair of the firm’s management committee, commented, “These six outstanding men and women are representative of Covington’s depth and excellence. We are pleased to welcome them to our ...

Covington Recognized in More than Twenty Practice Areas in Inaugural Edition of Legal 500 US

WASHINGTON, DC, September 28, 2007 — In its inaugural year, The Legal 500 US has recognized Covington & Burling LLP’s practice excellence in 23 fields. Compiled in four volumes published in 2007, the Legal 500 US singles out the following practices: Broadcasting and Digital Buyouts: sub-$1b Copyright - regional Copyright Litigation - regional Data ...

Covington’s Eizenstat Named “Leading International Trade Lawyer”

WASHINGTON, DC, September 27, 2007 — Covington & Burling LLP partner Stuart Eizenstat was recently named a “Leading International Trade Lawyer” by Legal Times as part of that publication’s series profiling the top ten lawyers in particular practice areas. Mr. Eizenstat heads the firm’s international practice. The feature story, published on September 17th, ...

Covington Files Amicus Brief in Support of Equal Marriage Rights

SAN FRANCISCO, CA, September 26, 2007 — Covington & Burling LLP today filed a brief in California Supreme Court in support of marriage equality for same-sex couples. The amicus curiae brief supports the City of San Francisco’s challenge to the California law that prevents same-sex couples from being married in the state. Addressing the issue of “separate but ...

Covington Secures Appellate Victory for Juniper Networks

WASHINGTON, DC, September 19, 2007 — Covington & Burling LLP has secured a major appellate victory before the Federal Circuit for its client, Juniper Networks, Inc. The case concerned Toshiba Corporation’s claim that Juniper infringed four patents related to the transmission of data among network routers. The trial court entered a claim construction ruling ...

Covington Receives 115 Individual Mentions in 2008 Edition of Best Lawyers

WASHINGTON, DC, September 6, 2007 — Covington & Burling LLP received 115 individual mentions in 38 areas of law in the 2008 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The recipients are as follows: Administrative: E. Edward Bruce and ...

Covington Secures Relief for Florida Death Row Inmate

NEW YORK, NY, July 18, 2007 — In a unanimous decision issued on July 12th, the Florida Supreme Court vacated the convictions and death sentence of Merrit Alonzo Sims, holding that his trial counsel’s failure to object to certain prejudicial evidence at trial constituted ineffective assistance of counsel under the Sixth Amendment. This decision caps nearly ten ...

Covington Receives 44 Practice, 74 Individual Mentions in 2007 Chambers USA Guide

WASHINGTON, DC, June 18, 2007 — Covington & Burling LLP received 44 practice mentions and 74 individual mentions in the newly released 2007 Chambers USA guidebook. The 2007 edition of Chambers USA attempts to identify the most skilled legal practitioners throughout the country based on the qualities most valued by clients. Covington attorneys have been ...

Covington Boosts Policyholder and Litigation Practices with Addition of Roger Enock

LONDON, 4 June, 2007 — Roger Enock has been elected a partner of Covington & Burling LLP and will be resident in the firm’s London office, where he will be serving as Head of the European Policyholder Coverage Practice. Roger joins from the litigation and dispute resolution team at Freshfields Bruckhaus Deringer, where he had been a partner since 1992. His ...

Covington Announces Ten New Counsel

WASHINGTON, DC, April 3, 2007 — Covington & Burling LLP has announced the promotion of four new Of Counsel and six new Special Counsel.The four new Of Counsel are Daniel P. Cooper, Christian Neira, Matthew J. O’Connor, and Kevin J. Shortill.Daniel P. Cooper advises on European privacy and data protection matters, as well as on contentious and non-contentious ...

Covington’s Pro Bono Legal Effort Leads to Historic Reform of Virginia’s Indigent Defense System

WASHINGTON, DC, March 8, 2007 — Covington & Burling’s effort to improve the quality of indigent defense in Virginia yielded results last week when the General Assembly approved landmark legislation permitting judges to waive the unreasonably low, mandatory caps on legal fees paid to lawyers representing poor criminal defendants in Virginia’s circuit courts. ...

Securities Litigator David Bayless Joins Covington’s San Francisco Office

SAN FRANCISCO, CA, March 5, 2007 — Covington & Burling LLP announced today that David Bayless has joined the firm as partner. He will be resident in the firm’s San Francisco office.Mr. Bayless was the head of the Securities and Exchange Commission’s San Francisco office from 1994 to 1999, during which time he was responsible for all enforcement and regulatory ...

Covington Secures Relief for Clients in Two Death Penalty Cases

WASHINGTON, DC, January 18, 2007 — In two death penalty cases pending in trial courts in Alabama and Mississippi, Covington clients obtained significant relief, in one case securing a ruling overturning a murder conviction and death sentence and in another case securing a new capital sentencing trial. The cases both involved evidentiary hearings and were venued, ...

Covington’s Ethan Posner Selected As One of 50 "Rising Litigation Stars" by The American Lawyer

WASHINGTON, DC, January 16, 2007 — The American Lawyer named Covington & Burling LLP partner Ethan Posner a “Rising Litigation Star” in its January 2007 issue. The feature, titled "The Young Litigators Fab Fifty,” includes the nation’s 50 most accomplished litigators under the age of 45. The honorees were selected by the magazine’s editorial staff out of a ...

Covington’s George Pappas Appointed to Two American College Committees

WASHINGTON, DC, January 16, 2007 — Covington & Burling LLP partner George Pappas has been appointed to both the District of Columbia State Committee and the Complex Litigation Committee of the American College of Trial Lawyers. Mr. Pappas will serve as Vice Chair of the Complex Litigation Committee.Founded in 1950, the College is composed of the best of the ...

Leading Antitrust Litigator Anita Stork Joins Covington As Partner

SAN FRANCISCO, CA, September 1, 2006 — Covington & Burling LLP announced that Anita Stork will join the firm as a partner in the Litigation and Antitrust and Consumer Law practice groups. She will be resident in the firm’s San Francisco office. Ms. Stork’s practice focuses on antitrust litigation and counseling. She has experience advising clients on ...

Covington's Timothy Clinton Honored for Pro Bono Work by American-Arab Anti-Discrimination Committee

WASHINGTON, DC, June 19, 2006 - Covington & Burling associate Timothy Clinton was named Pro Bono Attorney of the Year by the American-Arab Anti-Discrimination Committee. The award was presented on June 17th during ADC's annual convention in Washington. The American-Arab Anti-Discrimination Committee (ADC) is a grassroots civil rights organization founded in ...

Federal Appeals Court Affirms Dismissal of Medical Residents' Antitrust Litigation

WASHINGTON, D.C., June 5, 2006 - The United States Court of Appeals for the District of Columbia Circuit affirmed today that a federal statute, enacted in April 2004 to protect the nation's graduate medical education system, barred allegations of a nationwide antitrust conspiracy to depress the compensation of medical residents. Based on the statute, District ...

Chambers USA Recognizes 50 Covington Lawyers in 27 Fields

WASHINGTON, DC, June 5, 2006 - Fifty Covington & Burling lawyers practicing in 27 fields and in each of the firm's US offices were recognized as "leaders in their field" in this year's edition of Chambers USA - America's Leading Business Lawyers. The 2006 edition of Chambers USA, which was released June 2, 2006, attempts to identify the most skilled legal ...

Covington Client Scores Major Victory in Stolichnaya Trademark Litigation

WASHINGTON, D.C., April 7, 2006 - The STOLICHNAYA trademark decision handed down last Friday by the U.S. District Court for the Southern District of New York represents an important victory for defendant Spirits International N.V. ("SPI"), represented by Covington & Burling, and a major setback for the plaintiff, an agency of the government of Russia. At stake ...

Leading Intellectual Property Litigator, Simon J. Frankel, Joins Covington as Partner

SAN FRANCISCO, CA, April 6, 2006 - Covington & Burling announced today that Simon J. Frankel will join the firm's intellectual property litigation group as a partner. Mr. Frankel will be resident in the firm's San Francisco office. Mr. Frankel's extensive IP litigation experience includes handling trademark, copyright, patent, anti-counterfeiting, and trade ...

Covington Ranked World's Top Life Sciences Firm

WASHINGTON, D.C., January 11, 2006 - Covington & Burling announced today it was awarded worldwide first place firm rankings in the Life Sciences Industry and Life Sciences Regulatory categories. The Life Sciences Industry Super League and Life Sciences Regulatory Super League law firm rankings, published in the Practical Law Company's Cross-border Quarterly ...

Court Awards Companies $1.1 Billion for U.S. Government's Breach of Oil and Gas Leases

Covington Lawyers Go 8-for-8 Versus the U.S. Government; Winning $1.8B for Clients WASHINGTON, D.C, November 21, 2005 - In one of the largest awards in its 140-year history, on Thursday, November 17, 2005, the United States Court of Federal Claims unsealed its $1.1 billion award to 12 oil and gas companies. Covington & Burling represented 11 of those ...

Covington Client Wins Libel Case Against Milosevic

LONDON, U.K., October 13, 2005 - International law firm Covington & Burling announced the successful conclusion of its defense of Transparency International, a non-governmental organization fighting corruption, in connection with a libel claim brought by Slobodan Milosevic in the Berlin Regional court. Milosevic sued Transparency International under German ...

Covington & Burling Announces Ten New Partners

WASHINGTON, D.C., October 3, 2005 - Covington & Burling announced the election of ten new partners, effective October 1. Stuart Stock, chair of the firm's management committee, commented: "These exceptional lawyers reflect the strength, excellence and diversity of the firm, and the continuing growth of our practices across the firm." Covington's newest partners ...

The Best Lawyers in America Recognizes 46 Covington Lawyers

WASHINGTON, D.C., September 13, 2005 - Forty-six Covington & Burling lawyers practicing in 27 fields were recognized in the 2006 edition of The Best Lawyers in America. The number of Covington lawyers listed increased by over 40% from the last edition. This biennial compilation of top U.S. lawyers is based on peer-review surveys and is used as a referral guide ...

Chambers USA Recognizes 29 Covington Lawyers

Washington, D.C., June 28, 2005 - Twenty-nine Covington & Burling lawyers practicing in fourteen fields and in each of the firm's U.S. offices were recognized as "leaders in their field" in this year's edition of Chambers USA - America's Leading Business Lawyers. The 2005 edition of Chambers USA, which was released online earlier today, attempts to identify the ...

Covington Partner Roderick McKelvie Elected President of the Giles S. Rich American Inn of Court

WASHINGTON, D.C., May 20, 2005 - Covington & Burling partner Roderick R. McKelvie has been elected President of the Giles S. Rich American Inn of Court. He succeeds Judge Richard Linn of the United States Court of Appeals for the Federal Circuit.The Giles Rich Inn is one of over 350 Inns which make up the American Inns of Court. The mission of the Inns is to ...

Covington Litigator Robert Wick Named to The National Law Journal's 40 Under 40 List

WASHINGTON, D.C., May 4, 2005 - Covington & Burling partner Robert D. Wick was recognized as one of the top "40 Under 40" lawyers in this week's edition of The National Law Journal. Mr. Wick, resident in Washington, D.C., serves as vice chair of Covington's 200-strong litigation practice group. Mr. Wick was noted for his role in several significant litigation ...

Covington Advises NFL With Long-Term Television Packages

Negotiations Culminate in NBC Return to NFL Broadcaster Lineup; Monday Night Football Moving to ESPN with Earlier Kickoff; Sunday Afternoon Partners CBS and FOX Renewing Agreements Washington, DC, April 19, 2005 -- A team of Covington & Burling lawyers advised the NFL in the strategic planning, development, negotiation and implementation of the League's ...

Leading Trial Lawyer Geoffrey E. Hobart Joins Covington

WASHINGTON, D.C., April 15, 2005 - Covington & Burling announced today that Geoffrey E. Hobart has joined the firm as a partner. Mr. Hobart will join Covington's Trial, White Collar, and Pharmaceutical Litigation and Investigations practice groups and will be resident in the firm's Washington, D.C. office. His private practice focus over the past several ...

California Court of Appeal Rules for NFL in Raiders Litigation

WASHINGTON, D.C., February 24, 2005 - The California Court of Appeal for the Second Appellate District entered an important ruling yesterday in favor of Covington & Burling's client, the National Football League, in a $1.2 billion lawsuit brought by the Oakland Raiders. Yesterday's ruling reinstated the verdict of a Superior Court jury that, after 11 weeks of ...

Covington Partner Keith A. Teel Named as a "Legal Reform Champion" by the American Tort Reform Association

WASHINGTON, D.C., October 28, 2003 - The American Tort Reform Association (ATRA) has named Covington & Burling partner Keith A. Teel to its list of "Legal Reform Champions", a group of attorneys, scholars and businesspeople who are dedicated to legal reform through ending lawsuit abuse and promoting a fair and predictable legal system. For the last dozen years, ...

Covington & Burling Adds Four Attorneys to Growing West Coast Litigation Practice

October 17, 2002 - SAN FRANCISCO, CA - The international law firm Covington & Burling has added four associates to its growing San Francisco office. Darren D. Cooke, Vince G. Chhabria, Cameron Alston and John R. Tighe will support the firm's increasingly busy West Coast litigation practice. Together with two more associates, due to start work before year's end, ...

Covington & Burling Announces Eight New Partners

October 3, 2002 - WASHINGTON, D.C. - Covington & Burling announced that eight attorneys have been elected to the partnership, effective October 1, 2002. New partners in Covington's Litigation Practice include Georgia Kazakis and Edward H. Rippey. Michael S. Labson is a new partner in the firm's Food and Drug and Life Sciences Practices. Erin M. Egan and Jennifer ...

Allan B. Moore Returns to Covington D.C. Office

August 28, 2002 - WASHINGTON, D.C. - Covington & Burling is pleased to announce Allan Moore's return to the Washington, D.C. office. Mr. Moore was recently based in the firm's London office, where he managed litigation and arbitration matters and was identified as an "outstanding litigator" in the IP/IT area by a London legal trade publication. He has also ...

Spain Wins Right to Protect Sunken Vessels

August 9, 2000 — Washington, DC — In a sweeping decision protecting historic shipwrecks, a United States Court of Appeals has upheld Covington & Burling client the Kingdom of Spain's right as owner of its sunken vessels to prevent unauthorized disturbance or commercial salvage. For additional information, please contact: Kelly Stuart Stokes, kstokes@cov.com, ...

The Washington Post's Annual Review of How Firms and Their Lawyers Did Before the Supreme Court

July 10, 2000 — Washington, DC — The Washington Post's James V. Grimaldi cites Covington & Burling's Supreme Court winning streak (12-0 since '94; 3 wins this term) for "a special Hearsay award for batting 1.000 for a dozen cases since 1994" in his July 10th "Hearsay" column.

Covington & Burling's Winning Streak (12-0) at the Supreme Court Continues with Decision in Mobil Oil Exploration and Producing Southeast Inc. v. United States: With Three Victories This Term, Covington & Burling's Win Streak Reaches Twelve

June 29, 2000 — Washington, DC — Earlier this week, the Supreme Court ruled in favor of Covington client Mobil Oil in Mobil Oil Exploration & Producing Southeast, Inc. v. United States. In addition to this win, Covington earned two other Supreme Court victories this term in Harris Trust & Savings Bank v. Salomon, Brothers, Inc. and Food & Drug Administration ...

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Am Law Litigation Daily, Ben Razi and Bruce Baird, “Litigators of the Week” (2/23/2017)
Am Law Litigation Daily, Sturgis Sobin, Derek Ludwin, and James O'Connell, “Litigators of the Week“ (11/18/2016)
National Law Journal
- "Washington Litigation Department of the Year" Finalist (2015)
- "Washington Litigation Department of the Year“ (2013)
The American Lawyer
- "2016 Litigation - Product Liability Department of Year"
- "2014 Litigation Department of the Year" Finalist
- Litigation Department of the Year Finalist (2008), Honorable Mention (2010)
The American Lawyer Global Legal Awards, "Global Dispute of the Year: Investigations (Asia)" (2017)
The American Lawyer, winner of “Global Dispute of the Year - International Arbitration“ award (2013)
National Law Journal’s “Appellate Hot List“ (2008-2009; 2011-2013; 2015)
Chambers USA Award for Excellence, Insurance (2007, 2009, 2010, 2012, 2015)
Law360, Product Liability Group of the Year (2015)
Law360, Insurance Group of the Year (2010, 2013, and 2015)
GAR 100, International Arbitration (2014-2016)
GAR 30, International Arbitration (2013)
Corporate International Magazine, Global award winner of “International Arbitration Law Firm of the Year in New York” (2016)
The Lawyer, “Global Litigation Top 50” (2013-2017)
Latin Lawyer, recognized as a leading Anti-Corruption Practice (2013)
Am Law Litigation Daily, Paul Schmidt & Michael Imbroscio “Litigators of the Week“ (4/9/2015)
Am Law Litigation Daily recognized Robert Wick as “Litigator of the Week“ (12/4/2014)
Am Law Litigation Daily recognized Robert Wick as “Co-Litigator of the Week“ (1/30/2014)
Chambers USA
- Recognition of 61 attorneys in 21 practice areas (2016)
Chambers Global
- USA - Recognition of 6 attorneys in 4 practice areas (2017)
- Global-wide - Recognition of 4 attorneys in 2 practice areas (2017)
Chambers UK
- Recognition of 4 attorneys in 3 practice areas (2017)
Chambers Europe
- Recognition of 2 attorneys in 2 practice areas (2017)
Chambers Latin America
- Recognition of 2 attorneys in 1 practice area (2017)
- “Award for Excellence,” shortlisted for International Arbitration: International Counsel in Latin America (2013)
Legal 500 US
- Recognition of 16 litigation practice groups (2017)
Legal 500 UK
- Recognition of 2 practice groups (2016)
Legal 500 Latin America
- Recognition of 1 practice group (2016)
Best Lawyers in America
- Recognition of 97 litigators in 19 areas of law (2018)

"Covington Lawyers Kill on Cross-Exams in Cymbalta Case" AmLaw Litigation Daily

2015 "Washington Litigation Department of the Year" Finalist The National Law Journal

Former U.S. Attorney General Eric Holder Returns to Covington