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- Litigation and Investigations
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 seven 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.
ExxonMobil ICSID Arbitration
Representation of ExxonMobil subsidiaries in an ICSID arbitration against Venezuela seeking full compensation under the Netherlands-Venezuela bilateral investment treaty and international law for the expropriation of their investments in Venezuela. The amount in controversy exceeds $2 billion.
GSK pharma investigation
Represented GlaxoSmithKline in successfully resolving one of the largest criminal and civil investigations involving pharmaceutical industry marketing practices.
Accutane product liability claims
Secured trial, expert, adequacy, and appeals wins imperiling thousands product liability claims against client Hoffmann-La Roche involving the prescription medication Accutane.
IndyMac SEC securities fraud case
Defended the former CEO of IndyMac in an SEC securities fraud case and FDIC lawsuit involving one of the most high-profile bank failures of the recent financial crisis.
Successfully Resolved SEC Investigation for Deere & Co.
Represented Deere & Co. in an 18-month investigation relating to its operations in Russia and neighboring countries by the U.S. Securities and Exchange Commission that concluded without enforcement action.
Huffington Post TCPA Class Action
Achieved dismissal of a putative class action against The Huffington Post alleging violations of the Telephone Consumer Protection Act. The suit asserted unlawful transmission of unsolicited text messages.
Hulu Video Privacy Protection Act Class Action
Achieved dismissal on summary judgment of a putative class action against Hulu alleging violation of the Video Privacy Protection Act. The complaint alleged that Hulu disclosed to third parties the video-viewing information of individual Hulu users.
Indymac
Represented IndyMac’s former Chairman and CEO in defense of litigation instituted by bankruptcy trustee, the Bank’s receiver, and others arising out of IndyMac’s demise during the 2008 financial crisis. Recognized by AmLaw as a Litigation Department of the Year finalist for 2012 for representation.
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.
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, alleging infringement of its patent directed to monolithic battery chargers. 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. 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.
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.
JP Morgan Chase
In obtaining the dismissal of an antitrust class action alleging that a number of credit-card issuers conspired to adopt arbitration clauses in their credit card agreements. 2006 WL 2685082 (S.D.N.Y. Sept. 20, 2006).
JPMorgan Chase Credit Card Class Actions
Represented JPMorgan Chase in numerous antitrust and consumer class actions and attorney general representative actions challenging fees, disclosures, and other banking practices.
JPMorgan Chase patent litigation
Representation of JPMorgan Chase in patent litigation brought in the Eastern District of Texas by LML Patent Corp. relating to electronic transactions on credit and debit accounts.
Jury verdict for aerospace client
Obtained a complete jury verdict for an aerospace contractor accused of conspiring with the employee of a competitor to misappropriate trade secrets. The plaintiff had sought $30,000,000.
KBR Nigerian bribery investigation
Representing an executive of KBR, Halliburton’s subsidiary, in a wide-ranging investigation into alleged bribery of Nigerian government officials in connection with the selection of the company to build one of the world’s largest liquefied natural gas projects.
Kentucky Fried Chicken (KFC) against False Advertising Claims
Representation of Kentucky Fried Chicken (KFC) against false advertising claims based on a KFC promotion that were asserted as a class action in the Western District of Virginia.
Knowles Electronics ITC Section 337 Silicon Microphone Packages Investigation
Representation of Knowles Electronics in ITC Section 337 Investigation: Silicon Microphone Packages and Products Containing Same, USITC Inv. No. 337-TA-825 (Complainant).
Landfill cleanup litigation and settlement negotiations
Represented the State of Minnesota in securing more than $100 million in insurance recoveries for environmental matters related to an innovative legislative program for the cleanup of landfills.
Landmark Ruling for Tennis Channel
FCC handed Covington a decisive victory to the Tennis Channel in its discriminatory carriage lawsuit against Comcast Cable Communications, the largest distributor of video programming content.
Large commercial award for Merck
Representation of Merck in ad hoc London arbitrations against various insurers that produced a disclosed recovery of approximately US$590 million, plus US$45 million in fees and interest, for prescription drug liabilities — reportedly one of the largest commercial awards in Europe in recent years.
Latin America customs clearances internal investigation
Conducted internal investigation relating to customs clearance practices for automotive parts in various Latin American countries.
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.
Lawsuit Challenging State Ethanol-Free Gasoline Requirements
American Petroleum Institute and American Fuel and Petrochemical Manufacturers as plaintiffs in lawsuits challenging the validity of state laws requiring refiners to sell ethanol-free gasoline to distributors and retailers.
LCIA Arbitration Against a Russian Investment Firm
Representation of a Bermuda company in a pending LCIA arbitration against a Russian investment firm arising out of investment brokerage arrangements.
Libel Defense Litigation and Prepublication Review of News and Other Content for Broadcasters
Libel defense litigation and prepublication review of news and other content for broadcasters in some 35 states, including First Amendment, newsgathering, copyright, defamation and privacy advice, and opposing subpoenas from prosecutors and others.
Litigation Challenging FCC's Rule on Telemarketing and Fax Advertising
Lead role in litigation challenging the FCC’s rules on telemarketing and fax advertising.
Litigation Challenging Offshore Oil and Gas Leasing Program
Represent client in litigation challenging the U.S. Department of the Interior's five year-offshore oil and gas leasing program under the National Environmental Policy Act and the Endangered Species Act.
Lopez v. Gonzalez
Covington successfully represented Jose Lopez in an immigration case, in which the Supreme Court held that a conviction in state court for a drug offense that is a felony under state law but only a misdemeanor under federal law is not an “aggravated felony” for immigration purposes.
LTV Steel environmental recoveries
Represented LTV Steel in obtaining more than $40 million in recoveries for environmental liabilities from numerous settlements.
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.
Dismissal of Allegations Related to Security Contract
Won motion to dismiss for Tyco and ADT in a False Claims Act suit relating to security contracts with federal judiciary.
Successful Representation of Government Contractor in Battlefield Tort Litigation
Successful representation of leading defense contractor KBR in multi-district litigation involving 250 plaintiffs from 42 states claiming that KBR’s operation of open air burn pits for disposal of battlefield waste resulted in injuries to service members stationed in Iraq and Afghanistan.
Corsair ITC Section 337 Investigation
Representation of respondent Corsair in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Samsung ITC Section 337 in Certain Digital Media Devices Investigation
Representation of Samsung in the ITC Section 337 Investigation: 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).
Samsung ITC Section 337 Electronic Devices Investigation
Representation of Samsung in the ITC 337 Investigation: Electronic Devices, Including Handheld Wireless Communication Devices, USITC Inv. No. 337-TA-673 (Respondent).
Samsung in ITC Section 337 Mobile Telephones and Wireless Communication Devices Investigation
Representation of Samsung in the ITC 337 Investigation: Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components, USITC Inv. No. 337-TA-663 (Respondent).
Trial Win for Scottish Equity Partners Over Unpaid Earn-Out
Won $35 million judgment in California State Court on behalf of Scottish Equity Partners. After five-day bench trial, we convinced the Court to award full damages for an unpaid earn-out, plus prejudgment interest.
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.
In re Automotive Parts Antitrust Litigation
Represent Alps Electric in putative class actions alleging price-fixing in the heater control panel market.
In re Automotive Parts Antitrust Litigation - Fuel Injection Systems
Represent Keihin Corporation in putative class actions alleging price-fixing in the fuel injection systems business.
$150 million recovered for railroad clients
Represented railroad clients in obtaining more than $150 million through scores of settlements for FELA, environmental, and employment practice claims.
$200 million recovered for utility companies
Represented a number of utility companies in obtaining more than $200 million in environmental and toxic tort settlements.
$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.
$30 million recovered for industrial equipment manufacturer
Represented a manufacturer of industrial equipment in obtaining directors and officers settlements exceeding $30 million.
$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.
A former managing director of an investment bank
In an ICC arbitration relating to executive compensation.
AAA in Federal and State Court Actions and Arbitration Proceedings
Representation of The American Automobile Association, Inc. (AAA) in numerous federal and state court actions and arbitration proceedings against third party infringers of AAA’s famous marks.
Successful Defense of Deutsche Bank in Defending Against ATA Claims
Successful defense of Deutsche Bank in Anti-Terrorism Act (ATA) litigation brought on behalf of American service members killed or injured by terrorist bombing attacks in Iraq. Covington secured a complete dismissal with prejudice, proving that Deutsche Bank's conduct did not amount, as plaintiffs contended, to a conspiracy to fund terrorism.
Victory for UCB against multiple Plaintiffs at District Court and Federal Circuit
Representation of UCB in patent litigation trial against over a dozen generic drug companies in the District of Delaware. The generic drug companies contended that the patent covering UCB's blockbuster anti-epileptic drug, Vimpat®, was invalid. Chief Judge Stark ruled in UCB’s favor in a 95-page opinion. The decision was later affirmed by the U.S. Court of Appeals for the Federal Circuit.
Representation of Microsoft in Landmark Case Involving Data Stored Abroad
Successfully challenged U.S. government warrant seeking data stored in Ireland. After a favorable decision from the Second Circuit—and while the Supreme Court was reviewing the case—Congress enacted the CLOUD Act, a modernized framework for cross-border data requests. See United States v. Microsoft Corporation, No. 17-2 (U.S.).
AOL Privacy Class Action
Achieved dismissal of a putative class action against AOL alleging violations of the Wiretap Act, Video Privacy Protection Act, and numerous state laws. The suit alleged unauthorized collection of personal information from the plaintiffs’ computers using “Flash cookies” and unlawful disclosure of video viewing information to third parties.
AOL TCPA class action
Achieved dismissal of a putative class action against AOL alleging violations of the Telephone Consumer Protection Act. The complaint sought to hold AOL liable for misdirected text messages sent by users of AOL’s Instant Messenger system.
Armstrong World Industries
Represent debtor in chapter 11 case with respect to insurance matters in connection with asbestos liabilities.
Samsung ITC Section 337 Wireless Communication Equipment Investigation
Representation of Samsung in the ITC Section 337 Investigation: Wireless Communication Equipment, Articles Therein, and Products Containing Same, USITC Inv. No. 337-TA-577 (Respondent).
Samsung ITC Section 337 Certain Light-Emitting Diodes Investigation
Representation of Samsung Electronics in the ITC Section 337 Investigation: Certain Light-Emitting Diodes and Products Containing Same, USITC Inv. No. 337-TA-785 (Respondent).
Declination in Investigation into Alleged Small Business Fraud
Convinced Department of Justice to decline intervention in qui tam action alleging false statements concerning eligibility for small business credits.
B&C Corporation
Represented Forgitron Technologies, LLC in contract rejection contested matter in this Chapter 11 case.
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.
Bank of New England Corporation
Represented and procured favorable judgment through appeal for The Bank of New York Mellon Trust Company, N.A. as trustee for BNEC unsecured subordinated notes, in a subordination dispute with the trustee for BNEC senior unsecured notes.
Boston Generating
Represented officer and director defendants in coverage dispute related to claims asserted against them by bankruptcy estate representative.
Wells Fargo Arbitration
Successfully represented Wells Fargo and its captive insurer, SGIC, in a reinsurance arbitration concerning claims arising out of the 2008 financial crisis. The arbitration panel awarded the full policy limits.
Samsung ITC Section 337 Investigation
Representation of Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. in the ITC Section 337 Investigation relating to audio processing software designed to cancel or reduce echoes and ambient noise. Covington reached a favorable settlement for the client before trial.
Association of Public Television Stations in Office of Communication of the United Church of Christ Inc., v. FCC
Representation of the Association of Public Television Stations on whether public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements.
Hatch-Waxman Victory for Omeros Corporation
Representation of Omeros Corporation in Hatch-Waxman patent litigation against Par Pharmaceutical concerning Par's application to make a generic version of the drug Omidria®, a combination drug solution used to maintain pupil dilation during cataract surgery and reduce post-operative pain. The case involved Omeros' only approved drug. Following trial, Par settled the matter on favorable terms for Omeros.
Huawei ITC Section 337 Investigation
Representation of Huawei in the ITC Section 337 Investigation: Wireless Devices with 3G Capabilities and Components Thereof, USITC Inv. Nos. 337-TA-800 and 337-TA-868 (Respondent).
Microchip ITC Section 337 Investigation
Representation of Microchip in the ITC Section 337 Investigation: Certain Semiconductor Integrated Circuit Devices and Products, USITC Inv. No. 337-TA-840 (Complainant).
Samsung ITC Section 337 Certain MLC Flash Memory Devices Investigation
Representation of Samsung in the ITC Section 337 Investigation: Certain MLC Flash Memory Devices and Products Containing Same, USITC Inv. No. 337-TA-683 (Respondent).
Seagate Technology ITC Section 337 Investigation
Representation of Seagate Technology in the ITC Section 337 Investigation: Hard Disk Drives, Components Thereof, and Products Containing the Same, USITC Inv. No. 337-TA-616 (Respondent).
Realtek ITC Section 337 Investigation
Representation of Realtek in the ITC Section 337 Investigation: Network Controllers, USITC Inv. No. 337-TA-531 (Respondent).
MStar Semiconductor ITC Section 337 Investigation
Representation of MStar Semiconductor in the ITC Section 337 Investigation: Display Controllers with Upscaling Functionality and Products Containing the Same, USITC Inv. No. 337-TA-481 (Respondent).
Roche ITC Section 337 Investigation
Representation of Roche in the ITC Section 337 Investigation: Recombinant Human Erythropoietin, USITC Inv. No. 337-TA-568 (Respondent).
Kumho Petrochemical Co., Ltd ITC Section 337 Investigation
Representation of Kumho Petrochemical Co., Ltd in the ITC Section 337 Investigation: Rubber Antidegradants, Components Thereof and Products Containing Same, USITC Inv. No. 337-TA-533 (Respondent).
Q-Med Aktiebolag ITC Section 337 Investigation
Representation of Q-Med Aktiebolag in the ITC Section 337 Investigation: Injectable Implant Compositions, USITC Inv. No. 337-TA-515 (Respondent).
Meretek Diagnostics ITC Section 337 Investigation
Representation of Meretek Diagnostics in the ITC Section 337 Investigation: Breath Test Systems for the Detection of Gastrointestinal Disorders, USITC Inv. No. 337-TA-495 (Complainant).
Nidek ITC Section 337 Investigation
Representation of Nidek in the ITC Section 337 Investigation: Excimer Laser Systems for Vision Correction Surgery and Components Thereof and Methods for Performing Such Surgery, Inv. No. 337-TA- 419 (Respondent).
Samsung ITC Section 337 Certain Consumer Electronics Investigation
Representation of Samsung in the ITC Section 337 Investigation: Certain Consumer Electronics and Display Devices and Products Containing Same, USITC Inv. No. 337-TA-836 (Respondent).
Hewlett-Packard ITC Section 337 Investigation
Representation of Hewlett-Packard in the ITC Section 337 Investigation: Wireless Communication Devices and Systems, USITC Inv. No. 337-TA-775 (Respondent).
FujiPhoto Film Co ITC Section 337 Investigation
Representation of FujiPhoto Film Co. in the ITC Section 337 Investigation: Lens-Fitted Film Packages, USITC Inv. No. 337-TA-406 (Complainant).
Phillip Morris ITC Section 337 Investigation
Representation of Phillip Morris in the ITC Section 337 Investigation: Cigarettes and Packaging, USITC Inv. No. 337-TA-643 (Complainant).
Cable One Privacy Class Action
Achieved dismissals of three putative class actions against Cable One, a cable and Internet service provider, in litigation involving claims under the Wiretap Act, the Computer Fraud and Abuse Act, and related state laws. The litigation arose out of a third party’s test of a system using “deep packet inspection” for the purpose of serving targeted advertisements.
Charter Communications
Represented Wilmington Trust Co., as indenture trustee, in connection with contested plan proceedings in this Chapter 11 case.
Genentech, Inc. ITC Section 337 Investigation
Representation of Genentech in the ITC Section 337 Investigation: Recombinantly Produced Human Growth Hormone, USITC Inv. No. 337-TA-358 (Complainant).
Co-lead counsel for POM Wonderful
Co-lead counsel for POM Wonderful in landmark advertising litigation with FTC concerning health claims for food products.
Concurrent House and Senate investigations
We represented a global manufacturer of advanced medical devices in concurrent investigations in the House and Senate regarding reported injuries to patients. The investigation included parallel regulatory inquiries and significant litigation risks.
Congoleum
Represent debtor in chapter 11 case with respect to insurance matters in connection with asbestos liabilities.
Old Dominion Footwear Inc ITC Section 337 Investigation
Representation of Old Dominion Footwear, Inc. in the ITC Section 337 Investigation: Foam Footwear, USITC Inv. No. 337-TA-567 (Respondent).
Arm’s Reach Concepts, Inc. ITC Section 337 Investigation
Representation of Arm’s Reach Concepts, Inc. in the ITC Section 337 Investigation: Bassinet Products, USITC Inv. No. 337-TA-597 (Complainant).
Emine Technology ITC Section 337 Investigation
Representation of Emine Technology in the ITC Section 337 Investigation: Switches and Products Containing Same, USITC Inv. No. 337-TA-589 (Respondent).
Energizer and Eveready ITC Section 337 Investigation
Representation of Energizer Holdings, Inc. and Eveready Battery Company, Inc. in the ITC Section 337 Investigation: Zero-Mercury-Added Alkaline Batteries, Components Thereof and Products Containing Same, USITC Inv. No. 337-TA-493 (Complainants).
Tilia Inc. ITC Section 337 Investigation
Representation of Tilia Inc. in the ITC Section 337 Investigation: Vacuum Packaging Machines, USITC Inv. No. 337-TA-496 (temporary exclusion order proceeding) (Complainant).
Eaton Corp. ITC Section 337 Investigation
Representation of Eaton Corp.in the ITC Section 337 Investigation: Automated Mechanical Transmission Systems for Medium-Duty and Heavy-Duty Trucks and Components Thereof, USITC Inv. No. 337-TA-503 (Complainant).
New Holland North America, Inc. ITC Section 337 Investigation
Representation of New Holland North America, Inc. in the ITC Section 337 Investigation: Agricultural Tractors, Lawn Tractors, Riding Lawnmowers and Components Thereof, USITC Inv. No. 337-TA-486 (Complainant).
Cognex Corporation ITC Section 337 Investigation
Representation of Cognex Corporation in the ITC Section 337 Investigation: Machine Vision Systems, Parts and Components Thereof, and Products Containing Same, USITC Inv. No. 337-TA-484 (Complainant).
Rapistan Systems Advertising and Siemens Dematic ITC Section 337 Investigation
Representation of Rapistan Systems Advertising Corp. and Siemens Dematic Corp. in the ITC Section 337 Investigation: Sortation Systems, Components Thereof and Products Containing Same, USITC Inv. No. 337-TA-460 (Complainants).
Sidel ITC Section 337 Investigation
Representation of Sidel in the ITC Section 337 Investigation: Plastic Molding Machines with Control Systems Having Programmable Operator Interfaces Incorporating General Purpose Computers, and Components Thereof II, USITC Inv. No. 337-TA- 462 (Respondent).
Bombardier Inc. ITC Section 337 Investigation
Representation of Bombardier in the ITC Section 337 Investigation: Personal Watercraft and Components Thereof, USITC Inv. No. 337-TA- 452 (Respondent).
Peregrine Semiconductor ITC Section 337 Investigation
Representation of Peregrine Semiconductor in the ITC Section 337 Investigation: Certain Radio Frequency Integrated Circuits and Devices Containing Same, USITC Inv. No. 337-TA-848 (Complainant).
Vizio ITC Section 337 Investigation
Representation of Vizio in the ITC Section 337 Investigation: Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, USITC Inv. No. 337-TA-822 (Respondent).
Bearing Distributor ITC Section 337 Investigation
Representation of Bearing Distributor in the ITC Section 337 Investigation: Bearings and Packaging Thereof, USITC Inv. No. 337-TA-469 (Respondent).
A-Data ITC Section 337 Investigation
Representation of respondent A-Data in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Actions Semiconductors, Inc. ITC Section 337 Investigation
Representation of Actions Semiconductor, Inc. in the ITC Section 337 Investigation: Audio Processing Integrated Circuits and Products Containing Same, Enforcement phase only, USITC Inv. No. 337-TA-538 (Respondent).
Skylink ITC Section 337 Investigation
Representation of Skylink in the ITC Section 337 Investigation: Universal Transmitters for Garage Door Openers, USITC Inv. No. 337-TA-497 (Respondent).
LeapFrog Enterprises, Inc. ITC Section 337 Investigation
Representation of LeapFrog Enterprises, Inc.; Jetta Company, Ltd. in the ITC Section 337 Investigation: Electronic Educational Devices and Components Thereof, USITC Inv. No. 337-TA-475 (Respondents).
Altima ITC Section 337 Investigation
Representation of Altima in the ITC Section 337 Investigation: Integrated Repeaters, Switches, Transceivers and Products Containing Same, Enforcement phase only, USITC Inv. No. 337-TA-435 (Respondent).
Echostar and Scientific Atlanta ITC Section 337 Investigation
Representation of Echostar and Scientific Atlanta in the ITC Section 337 Investigation: Set-Top Boxes and Components Thereof, USITC Inv. No. 337-TA-454 (Respondents).
Altera ITC Section 337 Investigation
Representation of Altera Corporation in the ITC Section 337 Investigation: Programmable Logic Devices and Products Containing Same, USITC Inv. No. 337-TA-453 (Complainant).
Atmel ITC Section 337 Investigation
Representation of Atmel Corporation in the ITC Section 337 Investigation: Erasable Programmable Read Only Memories and Products Containing Same, USITC Inv. No. 337-TA-395 (Complainant).
NEC ITC Section 337 Investigation
Representation of NEC in the ITC Section 337 Investigation: Dynamic Random Access Memories, Components Thereof, and Products Containing Same, USITC Inv. No. 337-TA-242 (Respondent).
Quickturn ITC Section 337 Investigation
Representation of Quickturn in the ITC Section 337 Investigation: Hardware Logic Emulators, USITC Inv. No. 337-TA-383 (Complainant).
Beifa Ningbo ITC Section 337 Investigation
Representation of Beifa Ningbo in the ITC Section 337 Investigation: Ink Markers and Packaging Thereof, USITC Inv. No. 337-TA-522 (Respondent).
Nokia ITC Section 337 Investigation
Representation of Nokia in the ITC Section 337 Investigation: Cellular Radiotelephones and Subassemblies and Component Parts Thereof, USITC Inv. No. 337-TA-297 (Respondent).
Microjet Technology ITC Section 337 Investigation
Representation of Microjet Technology in the ITC Section 337 Investigation: Ink Jet Cartridges, USITC Inv. No. 337-TA-446 (Respondent).
Crews, Inc. ITC Section 337 Investigation
Representation of Crews, Inc. in the ITC Section 337 Investigation: Safety Eyewear and Components Thereof, USITC Inv. No. 337-TA-433 (Respondent).
Shummi Enterprise Co., Ltd and Shumei Industrial Co., Ltd. ITC Section 337 Investigation
Shummi Enterprise Co., Ltd; Shumei Industrial Co., Ltd in the ITC Section 337 Investigation: Toothbrushes and Packaging Thereof, USITC Inv. No. 337-TA-391 (Respondent).
Support Systems Int’l, Inc. ITC Section 337 Investigation
Representation of Support Systems Int’l, Inc. in the ITC Section 337 Investigation: Fluidized Support Apparatus, USITC Inv. No. 337-TA-182 (Complainant).
Contract and Treaty Law Dispute Against African Government
Representing one of the world’s largest mining companies in a contract and treaty law dispute against an African government relating to the violation of stabilization and other comments in a development agreement and related acts of indirect expropriation.
Toshiba ITC Section 337 Investigation
Representation of Toshiba Corporation in the ITC Section 337 Investigation: NAND Flash Memory Devices and Products Containing Same, USITC Inv. No. 337-TA-553 (Respondent).
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.
Development of corporate responsibility programs
Advised an oilfield services company on the design and implementation of a corporate responsibility program for its Angolan operations following an FCPA enforcement action.
DOJ Investigation Concerning FCPA Matters
Representation of a mining company in a Department of Justice investigation concerning anti-corruption (FCPA) matters and related civil RICO litigation.
Dow Corning
Represent debtor in chapter 11 case with respect to insurance matters in connection with breast-implant liabilities.
FCPA investigation for major oil and gas company
Represented Hyperdynamics Corporation in an FCPA investigation by the Department of Justice related to its business activities in the Republic of Guinea. The matter was resolved without any charges being brought against the company.
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.
FTC Investigation into third-party advertising service
Represented a third-party advertising service in responding to an inquiry by the FTC into the company’s technology for selecting and delivering online advertising.
FTC reviews of advertising practices in the alcoholic beverage industry
Representing trade associations and individual companies in connection with the FTC’s periodic reviews of advertising practices in the alcoholic beverage industry.
FV Steel & Wire Co.
Represented Sears Corporation in opposing a proposed buy-back of the debtors’ CGL policies under Section 363 that would have threatened Sears’ coverage rights under vendor endorsements.
Garlock Sealing Technologies LLC
Represent debtor in chapter 11 case with respect to insurance matters in connection with asbestos liabilities.
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.
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.
Trial Win for Salix in Pharma License Agreement Dispute
Won defense verdict for Salix following two-week jury trial in New York State Court. Collaboration partner Napo alleged failures to use “commercially reasonable efforts” to bring licensed drug to market. Despite seeking $260 million and contract termination, Napo recovered nothing.
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.
Plaintiff in Successful Rehearing in Toney v. L'Oreal USA, Inc.
Represented plaintiff in successful rehearing in Toney v. L'Oreal USA, Inc., 406 F.3d 905 (7th Cir. 2005), concerning Copyright Act preemption of state rights of publicity.
Plaza Bank in U.S. Justice Department’s “Operation Choke Point” Initiative
Representing Plaza Bank in the U.S. Justice Department’s “Operation Choke Point” initiative that focuses on banks doing business with third-party payment processors and pay-day lenders and alleges violations of FIRREA.
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.
Adams Laboratories in False Advertising Matter
Representation of Adams Laboratories in a false advertising action challenging pharmaceutical advertisements by Carolina Pharmaceuticals in the Southern District of New York.
Advise Leading Online Company on Global Compliance and Privacy Principles
Representation of a leading online company through advising on instituting global policies and procedures to comply with law enforcement demands for data consistent with best practice privacy principles.
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.
AK Steel patent infringement action
Representation of AK Steel in a patent infringement action relating to aluminum coated boron steel products where we obtained a jury verdict in favor of our client.
American Athletic Conference Regarding Financial Aid Limits for Student Athletes
Represent the American Athletic Conference in a putative antitrust class action challenging NCAA and Conference rules on financial aid limits for student athletes. This lawsuit challenges the very existence of amateur collegiate athletics.
American Institute of Physics and American Physical Society against False Advertising Claims
Representation of American Institute of Physics and the American Physical Society against false advertising claims based on their comparative surveys of scientific journals that were tried in the Southern District of New York.
American Athletic Conference Related to Conference Realignment
Represented the American Athletic Conference (then known as the Big East Conference) in matters related to college conference realignment. In all, Covington has secured for the Conference more than $65 million in exit/cancellation fees.
AMEX in U.S. District Court for the Northern District of California
Representation of American Express in the United States District Court for the Northern District of California against claims by Visa that Advanta, in conjunction with American Express, used Visa marks beyond the scope of a trademark license and contrary to the Lanham Act.
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.
Anti-corruption due diligence
Managed anti-corruption due diligence and follow-up with respect to Latin America sales channels for a leading pharmaceutical company, as well as providing general anti-corruption counseling with respect to the company’s Brazilian affiliate.
Antitrust Licensing Dispute
Representation of a semiconductor manufacturer in antitrust licensing disputes.
API against False Advertising Claims
Representation of American Petroleum Institute against false advertising claims based on its protocol for certification of branded motor oils that were tried in a preliminary injunction proceeding in the Southern District of New York.
Antitrust Litigation Concerning Obligations to License Technology
Representation of a technology company in antitrust litigation and a related arbitration concerning obligations to license technology.
API Amicus Curiae in U.S. Supreme Court
American Petroleum Institute as an amicus curiae in a U.S. Supreme Court case concerning the alleged “constructive” termination of a franchisor who sued under the PMPA.
Armani in Trademark Litigation in U.S. District Court for the Eastern District of Virginia
Representation of Armani in trademark litigation in the United States District Court for the Eastern District of Virginia to recover the ARMANI.COM domain name from a man whose initials and last name are A.R. Mani.
Asacol® Defense Against Generic
Representation of Warner Chilcott in successfully defending Asacol®, the leading treatment for ulcerative colitis, against ANDAs seeking approval to market a generic version of the drug.
ASM Modular in False Advertising Litigation against Competitor
Representation of ASM Modular in false advertising litigation against a competitor in the modular flooring business in the District of Maryland.
An ICSID arbitration arising out of the expropriation of investments
Representation of multiple clients in ICSID arbitrations arising out of the expropriation of their investments in nationwide FM-frequency radio-broadcasting licenses in Hungary.
Asset Purchase Agreement Dispute Regarding Legacy Contamination
Represent petroleum refiner in dispute under an asset purchase agreement regarding legacy contamination at a petroleum refinery.
AT&T against Claims of Misleading Advertisements
Representation of AT&T in a trial in the District of Maryland concerning claims by a competitor that AT&T’s advertisements for telephone calling cards were misleading.
Atari Games in Litigation in U.S. District Court for the Northern District of California
Representation of Atari Games in litigation involving home video game trademarks in the United States District Court for the Northern District of California.
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.
Automotive Parts Class Actions
Represented automotive parts suppliers in antitrust class actions alleging price-fixing for automotive wire harness systems and other parts.
Bacardi in Defense of False Advertising Lawsuit Concerning HAVANA CLUB Rum
Representation of Bacardi in its defense of a false advertising lawsuit concerning HAVANA CLUB rum in the District Court of Delaware.
Bank One and JP Morgan Chase
In securing a stay of antitrust and related class-action claims in deference to arbitration clauses in credit-card agreements. 361 F.Supp. 2d 237 (S.D.N.Y. 2005).
Benzene Emissions Toxic Tort Claims
An energy company in defending numerous toxic tort claims relating to alleged benzene emissions from an oil refinery in Texas.
BP Lead Counsel in Insurance Coverage Disputes Resulting from Deepwater Horizon Incident and Oil Spill
Lead trial and arbitration counsel for BP in insurance coverage disputes arising from the Deepwater Horizon incident and resulting oil spill in the Gulf of Mexico.
Bradley Pharmaceuticals in Trademark Litigation
Representation of Bradley Pharmaceuticals in trademark litigation, including a preliminary injunction hearing, involving the KERALAC mark in the United States District Court for the Eastern District of Pennsylvania.
NFL Lockout Class Action
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.
BSA and Other Software Publishers in Preparation of Amicus Briefs
Representation of Business Software Alliance and software publishers in preparation of amicus briefs filed in appellate and Supreme Court cases involving seminal copyright issues, including the Napster, AOL and Grokster cases.
Bush, et al. v. Deere & Company (C.D. Ill.)
Tried and won a class action lawsuit alleging “pattern or practice” discrimination on the basis of age in connection with a corporate reduction in force.
Cartier in In Rem Action in U.S. District Court for the Eastern District of Virginia
Representation of Cartier in an in rem action in the United States District Court for the Eastern District of Virginia to recover more than 100 infringing CARTIER domain names.
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.”
China pharma bribery investigation
Representation of a major pharmaceutical company in its response to a Chinese government commercial bribery investigation in China.
China Regulatory and Compliance
Conducting internal investigation on behalf of a multinational pharmaceutical company into whistleblower allegations of corruption at its Chinese subsidiary.
Chloé in Trademark Litigation in the U.S. District Court for the Middle District of Florida
Representation of Chloé in trademark litigation in the United States District Court for the Middle District of Florida concerning defendant’s use of the CHLOÉ mark for women’s clothing offered for sale on its website and for a women’s clothing store.
Citibank, N.A., and Citigroup in connection with OCC and Federal Reserve Consent Orders
Representing Citibank, N.A., and Citigroup in connection with negotiation of OCC and Federal Reserve consent and civil money penalty orders related to Citibank, N.A.’s foreign exchange (FX) trading business.
Class action FLSA consent judgment
Negotiated on behalf of a major health care network a class action FLSA consent judgment with the U.S. Department of Labor relating to overtime that avoided liquidated damages and civil money penalties while foreclosing any private right of action.
Co-counsel in an ad hoc insurance arbitration
Representation of a Lithuanian petrochemicals company as co-counsel in an ad hoc insurance arbitration against various UK underwriters arising out of property damage and business interruption claims exceeding US$150 million.
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.
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.
Commercial companies in boundary disputes
Regularly represent commercial companies in boundary disputes and frequently advise multinational oil companies on both land and maritime boundary questions that arise when sovereign states offer concession or production-sharing contracts to foreign oil companies.
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.
Congestion Revenue Rights in California ISO
SDG&E in connection with a FERC and appellate court proceeding regarding congestion revenue rights in the California ISO.
Conkright v. Frommert
Covington successfully represented Xerox Corporation’s pension plan in this ERISA case in which the Court held that a plan administrator’s reasonable interpretation of the plan is entitled to deference even if the administrator’s initial interpretation was erroneous.
Cook v UBS Financial Services Inc CA No PJM 06 803 D Md 2006
Successful defense of putative nationwide class action for race discrimination on behalf of financial advisors.
Corbis Corporation in Numerous Copyright Enforcement Actions
Representation of Corbis Corporation in numerous copyright enforcement actions to enforce rights in images licensed by Corbis.
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.
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.
Criminal investigation of European manufacturer
Defending a large European manufacturer of power cables in a criminal antitrust investigation by the DOJ.
Criminal investigations of automotive manufacturers
Represent several Japanese and European manufacturers of automotive parts in investigations of alleged anticompetitive activity.
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.
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.
Deepwater Horizon Litigation
Represent BP in the Penalty Phase of the Deepwater Horizon litigation, including at trial.
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).
Defeating Collusion Claims
Secured dismissal of purported multi-billion dollar collusion claim brought by the NFL Players Association.
Defeated Defamation Claims at Pleading Stage in Troy Group, Inc. v. Tilson
Defeated defamation claims at pleading stage under California Anti-SLAPP statute. Troy Group, Inc. v. Tilson, 364 F. Supp. 2d 1149 (C.D. Cal. 2005).
Defended airline executive in criminal investigations
Represented executives of various airlines in investigations in the air cargo and passenger industries in several jurisdictions.
Defending automotive executives in criminal investigations
Defending senior executives in auto parts-related investigations.
Defending whistleblower claims
Defended claims threatened against a technology company in the US and the UK, involving alleged SOX whistleblower protections and unlawful detriment claims.
Dismissal of a high-profile negligence action
Represented Universal Studios in obtaining the dismissal of a high-profile negligence action brought by a Maury Show guest in New York state court.
Dispute over joint operating agreement
Representation of a major European oil and gas company in connection with a dispute with a Latin American independent over a joint operating agreement relating to development of a natural gas field in Bolivia.
Dispute over unenforceability of a consultancy agreement
Representation of two entities within a multinational oil and gas group in a dispute against a consultancy company relating to the unenforceability of a consultancy agreement. Stakes are in excess of US$100 million.
DOJ investigation of Middle East business practices
Representing a high-profile media entity in a U.S. Department of Justice investigation of business practices in the Middle East.
DOJ and SEC investigation for one of the worlds largest companies
Advised one of the 300 largest companies in the world on a major DOJ and SEC investigation of potential FCPA violations in India, Latin America and elsewhere.
Domain name recovery
Advised Cartier in an in rem action in the United States District Court for the Eastern District of Virginia to recover more than 100 infringing CARTIER domain names.
Dodd Frank whistleblower rulemaking proceeding
Represented a leading industry coalition in the rulemaking proceeding on the whistleblower provisions of the Dodd-Frank Act.
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.
Employee Recruiting Class Actions
Represented Pixar and Disney in multi-defendant antitrust class actions alleging unlawful agreements among certain Silicon Valley firms and animation studios to limit their recruiting of each other’s employees.
Employment Class Action
Representation of UBS Financial Services in an employment discrimination class action brought on behalf of minority financial advisers.
Enforcing arbitration awards
A Korean infrastructure company has asked us for assistance in recovering a substantial arbitral award in Mexico, which the Mexican government is challenging.
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).
EU Commission container liner shipping investigation
We represent a major European carrier in the European Commission’s container liner shipping investigation into alleged collusion/abuse of dominance.
EU Commission defense of Microsoft's Skype acquisition
Represented Microsoft in connection with Cisco’s appeal against the European Commission’s decision to approve Microsoft’s acquisition of Skype.
Examination of Certain Transfer Pricing Payments
Persuaded IRS to drop examination of certain transfer pricing payments for use of intangibles involving hundreds of millions of dollars of payments.
Expedia Antitrust Class Actions
Represented Expedia in multiple national antitrust class actions relating to hotel bookings.
False Claims Act litigation and appellate defense
Successful defense of Pfizer in both the district court and the court of appeals on a series of claims by a relator concerning Genotropin.
Favorable ICC award for New Skies
Representation of New Skies in an ICC arbitration awarding relief of more than US$150 million to our client for a defective communications satellite.
Favorable settlement for Raycom Media
Represented Raycom Media in obtaining a favorable settlement of a lawsuit brought against the City of Cleveland when the mayor issued a formal edict barring all city officials from speaking with WOIO-TV, a Raycom-owned CBS affiliate, after the station aired a documentary critical of the mayor.
FCC v. Fox Television Stations, Inc.
Covington successfully represented CBS and NBC Television Affiliates in this case involving the FCC’s policy on broadcast of "fleeting expletives." The Supreme Court held that the agency’s policy violated the Due Process Clause, an argument emphasized in Covington’s brief for the television stations.
FCPA investigation for Fortune 15 global company
Represented a Fortune 15 global company in a long-running and widely publicized FCPA investigation at DOJ and the SEC regarding conduct in Mexico and elsewhere. This case presents cutting-edge issues in the FCPA space relating to jurisdiction and the substantive reach of the statute.
FCPA investigation for Fortune 500 life sciences company
Engaged by a Fortune 500 Life Sciences company to coordinate the investigation of suspected FCPA violations in various countries, including Brazil, and to advise the company’s Internal Audit Department on conducting FCPA audits to ensure compliance.
EU investigation regarding abusive search related conduct
Representation of Microsoft, Expedia, and Trip Advisor in the U.S. and Europe in connection with investigations regarding Google’s abusive search-related conduct.
Multiple IPRs 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. Covington prepared and filed IPR petitions on 11 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.
Secured Favorable Trademark Ruling for Stolichnaya Brand
Representing SPI Group in a trademark dispute with a designee of the Russian Federation concerning rights to sell Stolichnaya vodka in the United States.
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 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.
Fifth Third Bancorp v. Dudenhoeffer
In a unanimous decision, the Supreme Court vacated a ruling that had gone against our client Fifth Third Bancorp in an ERISA case concerning Employee Stock Ownership Plans (ESOPs). The Court held that ESOPs are subject to rules designed to weed out meritless stock-drop cases at an early stage of the litigation.
Financial Benchmarks Antitrust Class Actions
Represented a global bank in class actions involving antitrust, commodities fraud, and RICO claims relating to alleged manipulation of financial benchmarks, including the London Interbank Offering Rate (LIBOR), foreign currency exchange benchmarks, and ISDAFIX®
Food and Cosmetics Labeling Class Actions
Represented numerous food and cosmetics companies in responding to demand letters and class actions under the California Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law arising out of alleged false and misleading statements on labels and marketing materials.
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.
Fortune 500 Corporate Policyholders in Asbestos-Related Disputes
Armstrong World Industries, Owens Corning, and other Fortune 500 corporate policyholders in arbitrations against their respective liability insurers, for asbestos-related and other losses.
Freight Fuel Price-Fixing Litigation
Represented Union Pacific Railroad Company in multidistrict litigation alleging price-fixing of freight fuel surcharges.
Global Warming Class Action
Represented American Petroleum Institute in Comer, putative class action alleging industrial activities contributed to global warming, causing a rise in sea levels and adding to the ferocity of Hurricane Katrina, and thereby causing property damage to plaintiffs.
GMU Litigation, C.A. No. 1:09cv752 (E.D. Va. 2010)
Secured summary judgment for George Mason School of Law against sexual harassment and other discrimination claims by law school professor.
Government of Vietnam's maritime boundary dispute with China
Advised the Government of Vietnam regarding its dispute with China over maritime boundaries in the South China Sea.
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.
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.
Hair Brush Company in Obtaining Preliminary Injunction Against Rival
Represented hair brush company in obtaining preliminary injunction against rival based on trade dress and design patent.
Harmonization of arbitration and other dispute resolution practices and policies
Representation of Rockwell Automation on the harmonization of arbitration and other dispute resolution practices and policies in over 40 national markets worldwide.
Hatch-Waxman settlement investigation and class action
AstraZeneca in an FTC investigation and private antitrust class action litigation concerning settlements of Hatch-Waxman patent litigation involving Nexium.
Health Benefit Claims Investigation
Defense of beverage manufacturer in FTC investigation of substantiation for health benefit claims in advertising.
Health privacy litigation
Advised a large pharmaceutical company in connection with litigation involving the alleged infringement of patient privacy by a pharmacy chain that collects personal information about prescription drug users.
Hewlett-Packard patent litigation
Representation of Hewlett-Packard in patent litigation matters involving blade servers, modular computer systems, network gateway devices, and software for mobile devices.
Highly favorable settlement in train derailment arbitration
Representation of a leading U.S. railroad in a London arbitration against an insurer for liabilities arising from a major train derailment and lethal chemical release, resulting in a highly favorable settlement.
Huawei Technologies in trade secret lawsuits
Representation of Huawei Technologies in trade secret lawsuits against Motorola Solutions involving wireless base station technology; obtained a preliminary injunction preventing the transfer of confidential information in the context of a corporate acquisition and an award of licensing fees.
ICC Arbitration Against Venezuelan State-Owned Oil Company
Represented an ExxonMobil subsidiary in an ICC arbitration against the Venezuelan state-owned oil company, PDVSA, resulting in a US$908 million award for breach of contract.
ICC Arbitration Regarding Alleged Breach of First Refusal Rights Under a JOA
A French E&P company in an ICC arbitration with a Swedish independent arising out of the alleged breach of first refusal rights under a JOA.
ICDR arbitration for KNOC
Representation of Korea National Oil Corporation in an ICDR arbitration and ancillary federal court proceedings arising from a US$1.2 billion acquisition of an oil and gas exploration and production company.
ICC breach of contract arbitration
Representation of a leading Mexican land development company against a large U.S. resort developer in an ICC arbitration involving claims for breach of contract.
ICDR arbitration over breach of agreement
Representation of two oil and gas majors in a US$100 million ICDR arbitration in New York arising out of alleged breaches of a crude oil transportation agreement.
ICDR arbitration relating to transportation agreements
Representation of a major European oil and gas company in a pending ICDR arbitration with a Brazilian oil and gas major relating to crude transportation agreements in the Andean region.
ICSID Arbitration Against Latin American State
A French oil and gas independent in an ICSID arbitration against a Latin American state, in a dispute arising out of alleged breaches of a bilateral investment treaty and several production sharing agreements.
ICSID Arbitration Against Republic of Ecuador
Co-lead counsel to Occidental Petroleum in an ICSID arbitration against the Republic of Ecuador arising out of the wrongful termination of a production-sharing agreement that resulted in the largest ICSID and investment treaty award to date.
ICSID Arbitration Proceedings Involving Expropriation of Investments in Venezuela
Representing subsidiaries of an international oil company in pending ICSID arbitration proceedings involving expropriation of investments in Venezuela, resulting in a tribunal award of compensation exceeding U.S. $2 billion in value.
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.
In re High-Tech Employee Antitrust Litigation
Representing Pixar in multi-defendant federal antitrust class action litigation alleging an unlawful agreement among certain Silicon Valley firms to limit their recruiting of each other’s employees.
In re 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.
In re Schering Plough Corporation ERISA Litig., 589 F.3d 585 (3d Cir. 2009)
We secured the reversal of a class certification order in a “stock drop” lawsuit claiming breaches of fiduciary duty in the administration of a company retirement savings plan.
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.
IndyMac Bank Securities Class Actions
Represented the former CEO of IndyMac Bank in multiple securities and ERISA class actions.
IndyMac SEC civil claims
Defended civil claims brought by the SEC and FDIC against the former CEO of IndyMac BankCorp, Michael Perry, in connection with the bank’s failure in 2008. The cases were ultimately settled on very favorable terms. Relatedly, we represented Mr. Perry on insurance coverage issues concerning his defense.
ING Insurance International in Sale of Mortgage Business in Mexico
Advising ING Insurance International on the sale of its mortgage business in Mexico, ING Hipotecaria, to the Mexican banking subsidiary of Banco Santander, Spain’s largest bank, for approximately $50 million.
Insider Trading Investigations for Fortune 500 Companies
Representation of special committees of the boards of Fortune 500 companies regarding insider trading investigations.
Insurance Claims Related to Fires at Kahuku Wind Farm
Representation of First Wind Holdings with regard to insurance claims arising out of fires that occurred at its Kahuku Wind farm, Oahu, in 2011 and 2012. Coverage issues include property damage, business interruption, and potential environmental liability issues.
InterMune against False Advertising Claim
Representation of InterMune against a false advertising claim brought under Section 17200 of the California Business & Professions Code in the Northern District of California.
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.
Internal investigation for global company in China
Conducted a large-scale internal investigation of a leading global company’s business practices in China.
International Amateur Athletic Federation (IAAF), the world’s governing body for track and field
In persuading a U.S. appellate court to accept its disciplinary procedure in an anti-doping case as a valid arbitration award, not subject to judicial challenge by a star athlete, Mary Decker Slaney. 244 F.3d 580 (7th Cir. 2001).
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.
International Dairy Foods Association against Class Action
Representation of International Dairy Foods Association against a class action in Virginia state court alleging deceptive marketing of the potential weight-loss benefits of consuming milk.
Successful Representation of Samsung at the ITC, District Court, and PTAB
Representation of Samsung as petitioner in an ITC action and related district court action instituted by Black Hills Media, involving nine patents. In the ITC, Black Hills sought to preclude Samsung from importing hundreds of products into the U.S., including cell phones, tablets, smart TVs, Blu-ray players, and home theater systems. Following an evidentiary hearing, the ITC agreed that no Section 337 violation by Samsung had been proven and terminated the Investigation. While the ITC case was pending, the team also obtained a strategically important stay of the parallel E.D. Texas district court litigation, over the plaintiff’s objection, and despite the fact that the district court case involved several patents not at issue in the ITC. The district court case was ultimately dropped by Black Hills. Covington also prepared and prosecuted nine related inter partes review petitions. After oral argument in two of the proceedings, the PTAB issued a Final Written Decision finding all challenged claims unpatentable.
Invalidation of 41 Claims in Victory for Media Clients
Representation of multiple petitioners, including The New York Times Company and CBS Interactive, in an IPR proceeding (and in seven inter partes reexamination proceedings) for patents held by Helferich Patent Licensing, LLC. The patents relate to cell phone messaging and were the subject of co-pending litigation in which the requesters were defendants. The PTAB provided another clean sweep IPR victory when it invalidated all 41 challenged claims of the patent. Following Covington’s argument in April 2015, the Court of Appeals for the Federal Circuit affirmed the PTAB’s decision, securing the clients’ victory.
Litigation Before the D.C. Circuit
Successfully challenged before the D.C. Circuit the Federal Communication Commission’s rules mandating that telecommunications companies install equipment to monitor private telephone and Internet communications.
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.
Lyondell Chemical Company
Represent officers and directors of and shareholders in this Chapter 11 debtor in connection with adversary proceedings in which plaintiffs assert fraudulent conveyance, breach of fiduciary duty, illegal dividend, and other claims. We also represented Lyondell in connection with insurance coverage disputes.
MF Global
Represented Chapter 11 trustee and represent Plan Administrator in insurance coverage matters.
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.
Money Centers of America, Inc.
Represent the Chapter 11 trustee for this financial services company and its wholly-owned subsidiary, Check Holdings LLC in these Chapter 11 cases and related adversary proceedings.
Multi-defendant Flash Tracking 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.
National Public Radio Privacy Class Action
Achieved dismissal of a putative class action against National Public Radio alleging violations of the Wiretap Act, Stored Communications Act, and state laws. The complaint alleged that mobile app developers wrongfully transmitted personal information to third party advertising companies.
Newmont Mining and Sumitomo in Arbitration
Representation of a joint venture of Newmont Mining and Sumitomo in an arbitration under UNCITRAL Rules relating to the Indonesian government’s efforts to terminate an agreement regarding exploitation of copper and gold resources.
Owens Corning
Represent debtor in chapter 11 case with respect to insurance matters in connection with asbestos liabilities.
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.
Pacific Gas and Electric Company
Represented PG&E Corporation in the restructuring of its regulated utility and as co-proponent of PG&E’s confirmed plan.
Secured Dismissal for Deutsche Bank in Civil Litigation Involving the Anti-Terrorism Act (ATA)
Successfully defended Deutsche Bank in an ATA litigation brought on behalf of American service members killed or injured by terrorist bombing attacks in Iraq. Covington secured a complete dismissal with prejudice, proving that Deutsche Bank's conduct did not amount, as plaintiffs contended, to a conspiracy to fund terrorism.
Patagonia Privacy Class Action
Achieved favorable resolution for Patagonia in a putative class action alleging wrongful collection of personal information in connection with credit card transactions.
Off-label marketing investigation
We represented a major pharmaceutical company in a lengthy investigation by the House Oversight and Government Reform Committee regarding alleged off-label marketing of pharmaceutical products. The investigation included dozens of requests and resulted in the production of tens of thousands of documents.
Political interference investigation
We defended a former NASA official and a former White House official in investigations by the House Oversight and Government Reform Committee and the House Judiciary Committee regarding alleged political interference with the work of government environmental scientists.
Political activity by tax exempt organization investigation
We represented a politically active nonprofit entity in an investigation by the Senate Permanent Subcommittee on Investigations as part of the Subcommittee’s review of political activity by tax-exempt organizations.
“Rare Earths” WTO dispute
Advised a sovereign state and other stakeholders regarding a WTO dispute with respect to China’s restrictions on the export of commodities and “rare earth” minerals.
Republican National Committee investigation
We represented the Republican National Committee in connection with investigations by the House Judiciary Committee and House Oversight and Government Reform Committee regarding the dismissal of U.S. attorneys and the hosting of e-mail accounts for White House officials.
Resolved FTC Investigations Into Advertising Practices and Marketing Investigations
Successful public and non-public resolution of numerous other FTC advertising practices and marketing investigations, including numerous closures without commission action.
Resolving disputes
Assisted a Korean state company involved in legal battles and protracted negotiations over a multi-billion dollar project development. When negotiations failed and parties refused to turn up to the table, Covington stepped in to help the company reconvene the parties and move forward on negotiating an amicable resolution.
Rio Tinto and Intalco Aluminum Corporation in Superfund Matters
Representation of Rio Tinto and Intalco Aluminum Corporation in litigation and negotiations concerning Superfund remediation and natural resource damages at various mine sites in the U.S. and Canada, including Holden Mine, Blackbird Mine and Britannia Mine.
Canadian Mining Company in a UNCITRAL Arbitration
Representing a Canadian mining company in a UNCITRAL arbitration arising from EPCM and Project Management contracts in connection with a gold mining project in South America.
Peruvian Mining Company in an ICC Arbitration
Representing a Peruvian mining company in an ICC arbitration against U.S. EPCM and EP contractors in a dispute arising from the design and construction of a copper mine in South America.
Second Largest Airline in South Korea in U.S. Government Investigation of 2014 Accident
Representing the second largest airline in South Korea in connection with the U.S. government’s yearlong investigation of the 2014 accident at San Francisco International Airport.
Senate Armed Services Committee hearing
We represented a major federal contractor in an oversight hearing conducted by the Senate Armed Services Committee concerning the contractor’s activities supporting overseas military operations.
Senate Finance Committee investigation
We represented a university system and its medical school in a lengthy investigation by the Senate Finance Committee and resolved the matter without a hearing.
Senate Finance Committee investigation
We represented a major biotechnology company in a congressional investigation by the Senate Finance Committee concerning the price of its breakthrough drug.
Sherwin-Williams TCPA Class Action
Defended Sherwin-Williams in a putative class action alleging violations of the Telephone Consumer Protection Act in connection with a commercial text message program for paint contractors.
Shoe Show FACTA Class Action
Achieved favorable resolution for Shoe Show in a putative class action alleging violation of the Fair and Accurate Credit Transaction Act for allegedly printing expiration dates on credit card receipts.
Tribune Company
Represent shareholder defendants in avoidance actions brought by creditor representatives and plan trustee.
Union Pacific Railroad in Antitrust, Legislative, and Regulatory Matters
Representing Union Pacific Railroad in a wide variety of regulatory, legislative, and antitrust matters, including ongoing rulemakings involving rail rates and access to customer facilities and a multidistrict class action litigation alleging price-fixing of fuel surcharges.
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.
Xtreme Power
Represent First Wind in connection with coverage and related bankruptcy issues arising under debtors’ liability insurance policies in this Chapter 11 case.
Broadcasters and Programming Suppliers in Negotiations and Litigation
Representation of broadcasters and programming suppliers in negotiations and litigation with satellite carriers EchoStar and DirecTV.
Dismissal of ERISA class action for AK Steel
Secured district court ruling dismissing a putative ERISA class action on the basis of the statute of limitations. Gelesky v. AK Steel Corp. Pensions Agmt. Plan, 828 F. Supp. 2d 935 (S.D. Ohio 2011).
Dismissal of ERISA notice and claims for Verizon
Secured district court dismissal of ERISA notice and fiduciary breach claims against our client Verizon, arising from the spin-off of a business, on the basis of the statute of limitations. Murphy v. Verizon Commc’ns, Inc., 50 Empl. Ben. Cas. (BNA) 1855 (N.D. Tex. 2010).
Favorable settlement for GE
After fully briefing motions to dismiss a suit alleging breach of fiduciary duty under ERISA with respect to the GE stock component of GE’s 401(k) plan, based on a “stock drop” theory, secured settlement that was approved by the court. Cavalieri v. Gen. Elec. Co., 47 Empl. Ben. Cas. (BNA) 2719 (N.D.N.Y. 2009).
Favorable ruling for Verizon in age discrimination suit
For Verizon, in a companion case to a similar claim against Equitable, secured the first favorable ruling in the Second Circuit on claims that cash balance plans violate the age discrimination provision of ERISA. Hirt v. The Equitable Retirement Plan, 533 F.3d 102 (2d Cir. 2008).
Multiple Clients on Legislative and Regulatory Policy and Litigation Issues
Representation of clients on various legislative and regulatory policy and litigation issues, including (1) retransmission consent, (2) downconversion of digital signals by cable systems, (3) carriage of digital multicast streams by cable, DBS and other video program distributors, (4) indecency, (5) media ownership and (6) importation of distant signals by DBS operators.
NAB Before the U.S. Supreme Court
Representation of the National Association of Broadcasters before the U.S. Supreme Court in the Schwarzenegger case, which concerns the First Amendment validity of state-imposed limitations on violent video games.
Multiple successes for independent contractors
Successfully defended Capital Cities/ABC, GE, the NFL, Verizon, and the Pharmaceutical Research and Manufacturers of America in separate suits against claims that independent contractors were entitled to benefits under company plans.
Network Affiliated Stations Alliance and NAB in Battle before Congress, FCC, and Third and D.C. Circuits Courts of Appeals
Waging on behalf of the Network Affiliated Stations Alliance and the National Association of Broadcasters a multi-year, multi-venue battle before Congress, the FCC, and the Third and D.C. Circuits Courts of Appeals on the national television ownership rule, successfully achieving a legislative reversal of the FCC’s decision.
New Skies on Multiple Matters
For New Skies, a spin-off of Intelsat, we have provided FCC advice and also have handled arbitration, litigation, export control and intellectual property projects.
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).
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).
Summary judgment success for UTC
Secured Second Circuit affirmance of a summary judgment ruling in favor of our client United Technologies in a 401(k) plan expense class action lawsuit, for which plaintiffs had calculated alleged damages of $230 million. Taylor v. United Technologies Corp., 354 Fed. Appx. 525 (2d Cir. 2009).
Supreme Court Victory for Harris Trust
Won a Supreme Court victory for our client Harris Trust and secured ruling that ERISA permitted a fiduciary to sue a non-fiduciary party in interest that had participated in a prohibited transaction. Harris Trust and Sav. Bank v. Salomon Smith Barney, Inc., 530 U.S. 238 (2000).
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).
Defending Bayer Against Thousands of Post-Acquisition Mass Tort Claims
Representing Bayer, post-acquisition of Monsanto, in defending against thousands of mass tort lawsuits alleging that the exposure to glyphosate-based weed killer Roundup causes cancer.
Declination for Alleged Trade Agreements Act Violation
Secured DOJ declination for pharma manufacturer accused of supplying federal agencies with non-conforming drugs in violation of the Trade Agreements Act.
Criminal Declination and Favorable Civil Settlement
Represented government contractor facing parallel criminal and civil proceedings related to alleged manufacturing quality nonconformances; secured declination of the criminal matter and extremely favorable civil settlement.
Dismissal of FCA and Kickbacks Allegations
Won dismissal of False Claims Act case, brought in the Eastern District of Virginia, alleging prime contractor had violated contract provisions governing the award of subcontracts.
Victory in Case Alleging Massive Small Business Fraud
Represented more than fifty telecommunications defendants in a $1.2 billion False Claims Act litigation concerning representations regarding small business status when participating in Federal Communications Commission auctions; successfully excluded over half of the damages claim in a pre-trial ruling before settling matter successfully.
Declination in Investigation of Pharmacy Management Software
Represented biotech company in obtaining civil declination in matter concerning pharmacy management system software.
Declination of Civil and Criminal Claims in Manufacturing Investigation
Represented biopharmaceutical manufacturer in obtaining criminal and civil declination of investigation concerning alleged cGMP violations.
Declination of Civil and Criminal Claims in Kickback Investigation
Represented pharmaceutical manufacturer in obtaining civil and criminal declination in federal investigation concerning alleged payment of kickbacks to influence formulary position.
Summary Judgment under California’s Insurance Frauds Prevention Act
Won summary judgment for a medical device manufacturer under California far-reaching law that permits qui tam claims on behalf of private insurance companies.
Defense of Whistleblower Retaliation Case
Won summary judgment and First Circuit affirmance for GlaxoSmithKline in a whistleblower retaliation lawsuit.
"Public Disclosure Bar" Dismissal for Clinical Laboratory
Represented a leading clinical laboratory in a successful motion to dismiss and Third Circuit appeal under the “public disclosure bar” in connection with qui tam allegations related to the provision of free medical supplies to the laboratory’s customers.
Global Resolution of Investigation into Manufacturing Quality Practices
Represented government contractor facing parallel criminal and civil proceedings related to alleged manufacturing quality nonconformances; secured declination of the criminal matter and extremely favorable civil settlement.
Declination, Dismissal, and Recovery of Defense Costs
Represented aerospace contractor accused of violating Cost Accounting Standards (CAS) violations, securing declination of DOJ investigation, dismissal of subsequent qui tam case, and recovery of allowable costs of defense, including legal fees.
Representing Takata in the Largest Recall in History
Represented a Japanese manufacturer of automotive safety products in NHTSA-administered recalls, government investigations, and nationwide litigation involving airbag inflators. Specific activities include: advising the Japanese parent company and its U.S. subsidiary on issues pertaining to the largest product recall in automotive history; managing and providing strategic direction for high-stakes personal injury and economic loss litigation spanning hundreds of cases in a federal MDL and numerous state-court venues; and advising the Japanese parent and its U.S. subsidiary on issues pertaining to a complex government investigation with international implications.
Resolved Civil and Criminal Investigation of Marketing Practices
Represented Warner Chilcott Sales U.S. in criminal and civil resolution of federal and state investigation of allegations of improper conduct with respect to speaker programs, off-label promotion, prior authorizations and protected health information.
ROCKWOOL Group Trademark Infringement Litigation
Representation of Danish company ROCKWOOL Group in trademark infringement litigation in China involving its claim to the “ROCKWOOL” trademark and trade name.
ProMOS ITC Section 337 Investigation
Representation of ProMOS in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Microchip ITC Section 337 Investigation
Representation of Microchip in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Afa Technologies in ITC Section 337 Investigation
Representation of Afa Technologies in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Power Quotient International (PQI) in ITC Section 337 Investigation
Representation of respondent Power Quotient International (PQI) in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Samsung LED ITC Section 337 Certain Light-Emitting Diodes Investigation
Representation of Samsung LED in the ITC Section 337 Investigation: Certain Light-Emitting Diodes and Products Containing Same, USITC Inv. No. 337-TA-798 (Complainant).
International Products Sourcing Group Inc. in ITC Section 337 Investigation
Representation of respondent 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).
Samsung ITC Section 337 Wireless Communication Equipment Investigation
Representation of Samsung in the ITC Section 337 Investigation: Wireless Communication Equipment, Articles Therein, and Products Containing Same, USITC Inv. No. 337-TA-583 (Respondent).
Knowles Electronics ITC Section 337 Certain Silicon Microphone Packages Investigation
Representation of Knowles Electronics in ITC Section 337 Investigation: Certain Silicon Microphone Packages and Products Containing Same, USITC Inv. No. 337-TA-888 (Complainant).
UMC ITC Section 337 Investigation
Representation of UMC in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Micronas ITC Section 337 Investigation
Representation of Micronas in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Dongbu HiTek ITC Section 337 Investigation
Representation of Dongbu HiTek in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Chipsbank ITC Section 337 Investigation
Representation of respondent Chipsbank in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Declination in Reverse False Claims Investigation
Represented pharmacy chain in obtaining civil declination in federal investigation of alleged retention of overpayments under the False Claims Act.
Skymedi ITC Section 337 Investigation
Representation of respondent Skymedi in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Gas Pipeline Explosion Lead Counsel
Lead counsel for Apache Corporation in insurance coverage arbitration and litigation proceedings relating to the explosion of a gas pipeline in Western Australia.
Success Before ITC and PTAB on Behalf of Tessera
As recognized by The National Law Journal, Covington successfully represented Tessera at the ITC regarding a patent infringement dispute with Broadcom over semiconductor chips. This victory came on the heels of its effective represented before the PTAB. Tessera (Complainant): Certain Semiconductor devices, semiconductor device packages, and products containing same, USITC Inv. No. 337-TA-1010.
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.
Genetic diagnostics strategic alliance
Illumina in a strategic alliance with Genomics England for a four-year project to decode 100,000 human genomes.
Global financial services firms
In numerous securities arbitrations arising from alleged securities frauds and other wrongs.
Development of Internal Guidelines for Law Enforcement Requests
Regularly assist global businesses in developing internal guidelines for responding to law enforcement requests, including by identifying and advising on relevant legal obligations and assessing best practices for responding to government requests for customer data. We help clients develop procedures for addressing conflict-of-law issues that arise when receiving law enforcement requests from countries worldwide, with an eye toward creating efficient and scalable solutions.
Successful Challenge of FBI National Security Letter
Challenged issuance of an FBI National Security Letter (NSL) seeking customer information from a global technology company; after this challenge, the FBI withdrew the NSL.
Litigated Successful Constitutional Challenge
On behalf of Microsoft, successfully challenged a gag order statute that allows courts to forbid technology companies from telling their customers about demands for their data under the Electronic Communications Privacy Act (ECPA). The lawsuit resulted in nationwide reform of the government's practices under the statute. See Microsoft Corporation v. United States Department of Justice, No. 2:16-cv-00538-JLR (W.D. Wash.).
Litigation Resulting in New Rules on Customer Access to Government Data Demands
Representation of technology client in Foreign Intelligence Surveillance Court litigation challenging restrictions on technology company disclosures about government surveillance. The litigation resulted in new rules that allow technology companies to give their customers more information about how often the government demands customer data. See In re Motion to Disclose Aggregate Data Regarding FISA Orders, Misc. No. 13-04 (FISA Ct. 2014).
MasterCard in Trademark Litigation in the U.S. District Court for the District of Utah
Representation of MasterCard in trademark litigation in the United States District Court for the District of Utah against a bank that was using a MASTER CARD mark for various banking services offered to account holders.
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.
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.
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.
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.
Microsoft as Defendant in Trademark Infringement Suit Concerning Keyword Advertising Practices
Representation of Microsoft as a defendant in trademark infringement suits challenging keyword advertising practices and alleging reverse confusion.
Microsoft in Defeating Copyright Infringement Claims Concerning Bing
Representation of Microsoft in defeating copyright infringement claims concerning Bing search engine at pleading stage. Blues Destiny v. Microsoft Corp. (N.D. Fla. 2010).
Microsoft Technology Patent Litigation
Representation of Microsoft in patent litigation matters involving a variety of software and related technologies, including obtaining a transfer out of the Eastern District of Texas in a case relating to video conversion technology.
Microsoft, Verizon, AAA, and Others in UDRP Domain Name Proceedings
Representation of numerous clients, including Microsoft, Verizon, New Skies Satellites, LIN Television, American Automobile Association and Ourisman Dodge in UDRP domain name proceedings.
Million Dollar Recovery in Insurance Claim
An oil refinery in a significant business interruption insurance claim that resulted in a multi-hundred million dollar recovery for the insured.
Manufacturing company SEC enforcement action
Persuaded the U.S. Securities and Exchange Commission not to pursue enforcement action against a leading manufacturing company following an 18-month investigation of business practices in Europe and Asia.
Montblanc and Coty in Trademark Infringement Suit
Representation of luxury goods makers Montblanc and Coty in trademark infringement litigation in federal district and appellate courts resulting in injunctive relief against unauthorized sellers of imported gray market goods.
More than $1 billion in recoveries for Dow Corning
Obtained more than $1 billion in recoveries for Dow Corning through a number of large settlements in court-appointed mediation related to breast implant liabilities.
Morgan Stanley insurance coverage dispute
Representing Morgan Stanley in a New York lawsuit filed by Lloyd’s disputing coverage under a financial institutions professional liability insurance policy.
Motorola Mobility v. AU Optronics Corp., et al.
Covington successfully represented Samsung in a massive set of antitrust price-fixing cases. The U.S. Court of Appeals for the Seventh Circuit held that virtually all of the claimed damages were barred by the Foreign Trade Antitrust Improvements Act.
Multi-billion dollar ICC arbitration
Representation of a European gas utility company in a large ICC arbitration valued over US$2 billion against a North African state-owned oil company relating to a complex contract price revision dispute.
Multi-million dollar trial win
Won a multi-million dollar trial verdict for a government contractor arising from the en masse departure of 25 employees from the contractor to a competitor. The verdict was affirmed on appeal.
Multinational Company Bribery Investigation
Bribery-related investigations and related counseling for a multinational company with operations in Europe and Asia.
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.
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.
National Geographic Society in Two Trademark Matters
Representation of National Geographic Society in the United States District Court for the District of Massachusetts against claims of infringement of an alleged family of ZONE marks asserted by the author of a series of ZONE books on health and nutrition; and in an opposition proceeding before the U.S. Trademark Trial and Appeal Board, claiming that applicant's EXPLORE CHANNEL mark is likely to cause confusion with National Geographic's EXPLORER marks.
NBA 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.
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.
NFL Eligibility Rules
Successfully defended the NFL’s college draft eligibility rules from antitrust challenge in Clarett v. NFL (2d Cir.) and in separate litigation secured recovery from insurers for the firm’s defense costs in the antitrust litigation.
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.
NFL in Antitrust Challenge to NFL “Sunday Ticket” Broadcast Arrangements
Defending NFL in multi-district class action antitrust challenges to its broadcast distribution arrangements for out-of-market games (In re Sunday Ticket Antitrust Litigation).
NFL in Antitrust Challenge to Trademark Licensing Arrangements
Defending NFL in class action and direct antitrust challenges to its trademark licensing arrangements (American Needle v. NFL and Dang v. NFL).
NFL in copyright infringement action
Represented the National Football League in a copyright infringement action against a satellite carrier, successfully obtaining statutory damages and a permanent injunction prohibiting satellite retransmission of game telecasts originating in the United States to locations outside the United States.
NFL in Dismissal of Antitrust Complaint
Won dismissal of a class action antitrust complaint alleging conspiracy to restrain market for “likenesses” of former NFL football players (Washington v. National Football League).
NFL in Multiple Federal Court Cases
Representation of the National Football League in multiple federal court cases to enjoin the unauthorized retransmission and public performance of NFL game telecasts across U.S. borders via satellite and the Internet and within U.S. borders where games are locally blacked-out, or otherwise unauthorized.
NFL Likeness Licensing Class Action Antitrust Suit
Represented the NFL in securing the dismissal of class action claims brought by retired players alleging a conspiracy to restrain a market for the sale of their images and likenesses.
NFL Summary Judgment for Case Alleging Breach of Duties
Secured the dismissal, affirmed on appeal, of claims that the League had breached certain duties to players who had lost substantial sums as the result of fraud by an investment advisor.
NFL Logo Licensing Antitrust Class Action
Represented the National Football League in a class action challenging the League’s licensing arrangements for the use of team marks and logos on apparel.
Nine-Figure Resolution for Widespread Cleanup
An energy company in obtaining a global nine-figure resolution from its historic CGL insurers for widespread environmental cleanup liabilities at refineries and other operational sites.
No Action Taken By DOJ Against Telecommunications Client
Representation of one of the largest providers of telecommunications services in Asia in a DOJ investigation of alleged collusion with respect to termination rates charged to US carriers. The government ultimately closed the investigation and took no action against our client.
NTSB investigation
Representing Asiana Airlines in a National Transportation Safety Board (NTSB) investigation into the Asiana Airlines Flight 214 accident at San Francisco Airport.
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).
Obtained Dismissal with Prejudice of Two Cases Against Pharmaceutical Companies
Obtained dismissal with prejudice of two cases against pharmaceutical companies alleging false advertising, unfair competition, and fraud claims. Jarrett v. InterMune (9th Cir. 2011); Ostergard v. Adams Respiratory Therapeutics, Inc. (C.D. Cal. 2008).
Off-label promotion and reporting investigations
Representation of GlaxoSmithKline in global settlement of three investigations relating to off-label promotion, safety reporting and price reporting.
Organic Photovoltaics Patent Infringement Litigation
Plextronics in patent infringement litigation with Konarka relating to organic photovoltaics.
Outbound ICC arbitration
Representing a Korean engineering and construction company in its continuing efforts to recover nearly $400 million, which it won in an ICC arbitration almost 10 years ago, against a Mexico government owned oil & gas company.
Outbound IP Litigation
Representing Samsung Electronics in an IP litigation against Enterprise Systems Technologies and succeeded in persuading the Texas district court judge to stay the entire district court case.
Out Rage, LLC in Trademark Infringement Case
Representation of Out RAGE, LLC in a trademark infringement action against Barnett Outdoors, LLC in U.S. District Court in the Northern District of Georgia in connection with Barnett’s use of the RAGE trademark for a crossbow.
Outbound patent litigation
Defending a Korean memory chip maker in its suit involving seven patents relating to semiconductor manufacturing processes. As a result of our aggressive and strategic approach, the case settled well prior to trial on very favorable terms to our client.
Owens Corning asbestos-related insurance recoveries
Represented Owens Corning in eight Wellington Agreement arbitral or ADR proceedings, two federal court cases, and one state court lawsuit against numerous insurers seeking coverage for asbestos non-products claims.
Parfums Givenchy in Federal Court Litigation
Representation of Parfums Givenchy in federal court litigation to enjoin over 40 wholesalers and retailers from distributing gray market perfume products bearing copyrighted designs not authorized for importation into the United States.
Patent and ITC Litigation Involving Major Japanese Electronics and Software Company
Representation of major Japanese electronics and software company in defense of patent infringement claims at the ITC involving combination of software and hardware for graphical interfaces and systems for three dimensional pointing.
PBS in False Advertising Claims Matters
Representation of Public Broadcasting Service (PBS) in a trial of false advertising claims brought by PBS challenging a video marketer’s use of the phrase “public television presents” in the Eastern District of Virginia.
PBS in Multiparty Litigation before Copyright Royalty Board
Representation of Public Broadcasting Service in multi-party litigation before the Copyright Royalty Board seeking to recover public television's share of more than $750 million in royalties paid by cable operators for the distant retransmission of broadcast programming.
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.
Prescription Labelling Class Action
Represented Eli Lilly in a consumer fraud class action alleging that the labeling for one of its prescription medicines was inadequate and misleading.
“Price Trigger” Conditions Congressional Hearing Representation
An oil and gas company and its executive in connection with congressional hearing to examine absence of “price trigger” conditions on royalty relief for deepwater OCS leases.
Media Privacy Class Actions
Represented numerous media companies in class actions alleging improper collection and/or disclosure of user information.
Procter & Gamble Consumer Product Class Actions
Represented The Procter & Gamble Corporation in California, New York, Florida, and Minnesota class actions challenging the labelling of a wipes product as flushable.
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.
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.
Race and national origin discrimination jury trial win
Won a jury trial for a major credit card firm, defending claims based on race and national origin discrimination; and he obtained an award of $265,000 in attorneys' fees against the law firm of plaintiff's counsel.
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.
Refining and Marketing Joint Venture Antitrust Challenge
American Petroleum Institute as an amicus curiae in a U.S. Supreme Court case concerning an antitrust challenge to a refining and marketing joint venture.
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.
Public Broadcasting Service
In complex proceedings before the Copyright Arbitration Royalty Panel, to allocate royalties among owners of TV programming rights.
Represent Major Electronics Company in EU Investigation
Representation of a major electronics company concerning all aspects of the European investigation into alleged collusion in TFT-LCD.
Represent Leading Internet Broker in DOJ Investigation
Representation of a leading internet broker as complainant in a DOJ investigation of restrictive multiple listing service access rules that resulted in a consent decree preserving the client’s ability to compete.
Represent Microsoft in anticompetitive patent complaint against Motorola Mobility
Representation of Microsoft in connection with its complaint regarding the anticompetitive patent licensing practices of Motorola Mobility.
Represent Silicon Valley Company in Insurance Recovery Matter
Representation of a major Silicon Valley company in seeking insurance for substantial losses arising out of computer fraud schemes.
Representation in an ICSID Additional Facility conciliation proceeding against Equatorial Guinea
Representation of Hess and Tullow affiliates in a pending ICSID Additional Facility conciliation proceeding against Equatorial Guinea arising out of tax measures that the claimants allege to be in breach of a contract between the parties.
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.
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.
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 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 JPMorgan Chase in CBM Proceedings
Representation of JPMorgan Chase as petitioner in four CBM proceedings for patents owned by Maxim Integrated Products relating to secure electronic transactions, which were terminated by settlement of the co-pending litigation.
Representation of Metal-Tech in an ICSID arbitration
Representation of Metal-Tech, a metals refining company, in an ICSID arbitration against Uzbekistan arising out of the failure of a joint venture with state-owned enterprises.
Representation of Maxim Integrated Products in Trade Secret Litigation
Representation of Maxim Integrated Products in trade secret litigation involving analog-to digital converters.
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 Newmont Mining in related ICSID and Stockholm Chamber arbitrations
Representation of Newmont Mining in related ICSID and Stockholm Chamber arbitrations against Uzbekistan concerning termination of rights to exploit mineral resources.
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 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 Samsung in European Investigation
Representation of Samsung concerning all aspects of the European investigation into alleged collusion in DRAM.
Representation of Semiconductor Clients in ITC Section 337 Investigation
Representation of respondents A-Data, Chipsbank, Afa Technologies, Power Quotient International (PQI), Skymedi, and Corsair in the ITC Section 337 Investigation Certain Flash Memory Controllers, Drives, Memory Cards and Media Players.
Representation of Sony Music Entertainment in IP related claims
Represent Sony Music Entertainment in matter involving contract and intellectual property claims by former music manager regarding 70’s rock act.
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 Tidewater and its subsidiaries in an ICSID arbitration against Venezuela
Representation of Tidewater, a leading provider of maritime support services to the energy industry, and its subsidiaries in a pending ICSID arbitration against Venezuela arising out of the expropriation of 15 vessels and other investments in Venezuela.
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).
Represented a company in DOJ investigation of employee recruiting
Represented company in DOJ investigation of employee recruiting practices.
Represented a major U.S. transportation company in DOJ investigation
Represented a major U.S. transportation company in a DOJ investigation with no action taken against our client.
Represented a tech firm in FTC investigation of a standard setting organization
Represented technology firm in connection with a FTC investigation of a standard setting organization.
Represented electronics manufacturer in EU DRAM investigation
Represented a global electronics manufacturer in the European investigation into alleged collusion in DRAM.
Represented electronics manufacturer in EU TFT-LCD investigations
Represented a global electronics manufacturer concerning all aspects of the European investigation into alleged collusion in TFT-LCD (1&2).
Represented major financial services company in FTC investigation
Represented a major financial services company in an investigation by the FTC of alleged exclusionary conduct with no action being taken against our client.
Resolution of copyright infringement matter for international video game publisher
Represented international video game publisher in copyright infringement claims by major record labels and publishing companies regarding licensing of sound recordings and compositions. Successfully resolved all claims without litigation.
Sony BMG Music Entertainment Class Action
Represented Sony BMG Music Entertainment in a class action lawsuit brought by the Allman Brothers Band and Cheap Trick on behalf of all artists whose contracts pre-date the era of digital downloaded music. Sony BMG pays the artists under the applicable royalty rate for album sales at brick-and-mortar record stores, while the artists claim that Sony BMG should be paying a much greater royalty rate for downloaded music.
Reversal of FDA denial of period of exclusivity
Representation of Amarin in the first known reversal of an FDA denial of a 5-year period of new chemical entity (NCE) exclusivity since the enactment of the Hatch-Waxman Amendments in 1984, in connection with Amarin’s Vascepa drug for lowering triglyceride levels.
Revisions to Regulations under Clean Water Act
Representation of Chemical Manufacturers Association, now the American Chemistry Council, in connection with EPA revisions to the NPDES and pretreatment regulations under the Clean Water Act. The litigation and negotiations with EPA resulted in substantial changes in these regulations.
Ringling Bros. in Petition for Certiorari to the United States Supreme Court
Representation of Ringling Bros. in a petition for certiorari to the United States Supreme Court in an important trademark dilution case involving the mark THE GREATEST SNOW ON EARTH.
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.
Rosie O'Donnell in Action in U.S. District Court for the District of Oregon
Representation of Rosie O’Donnell in an action in the United States District Court for the District of Oregon asserting trademark and right of publicity claims based on the ROSIE name and logo against a radio station using ROSIE as the station name and a very similar logo.
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.”
Samsung Against CCP Systems in Copyright and Patent Infringement Suit
Representation of Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., and Samsung Networks, Inc. against claims brought by CCP Systems alleging copyright and patent infringement filed in the District of New Jersey.
Samsung Electronics Patent Litigation
Representation of Samsung Electronics in numerous patent litigation matters in both U.S. District Courts and the U.S. International Trade Commission, involving technologies such as DLP televisions, LED’s, MLC flash memory, printer software, tablets and smartphones.
Samsung in Defeating Right of Publicity Action
Represented Samsung in defeating right of publicity action brought by Olympic athletes.
Samsung in Defending Copyright and Patent Claims
Representing Samsung in defending copyright and patent claims concerning printer software.
Samsung Liquid Crystal Display Antitrust Class Actions
Represented Samsung in consolidated antitrust price-fixing and deceptive practice class actions involving liquid crystal displays.
Samsung Patent Litigation Disputes
Representation of Samsung Electronics in numerous patent litigation matters in both U.S. District Courts and the U.S. International Trade Commission, involving technologies such as DLP televisions, LED’s, MLC flash memory, printer software, tablets and smartphones.
San Diego Gas & Electric
In obtaining a substantial award in an arbitration against the California Independent System Operator.
San Francisco 49ers in Antitrust Challenge to Ticket Policies
Defending 49ers in class action antitrust challenge to its policies governing the printing of pdf copies of game tickets (Kazemzadeh v. San Francisco 49ers).
Sanofi Aventis in Trademark Infringement and False Advertising Suit
Representation of sanofi aventis in a trademark infringement and false advertising suit involving its FERRLECIT product and Watson Pharmaceutical’s use and advertising of NULECIT.
Trial Win in Russian Media Corporate Control Dispute
After five-month bench trial, won verdict of nearly $30 million on behalf of New Media Holdings in multinational corporate control dispute over ownership of Ukrainian television network.
SCC arbitration over technology licensing dispute
Representation of A.P. Moeller-Maersk in a SCC arbitration concerning a licensing dispute for technology related to reduction of shipboard emissions.
SEC Investigation Regarding Middle East Activities
A major oil company in a SEC investigation into activities in a Middle Eastern nation.
Secured Successful Jury Verdict for Ariba in Patent Dispute
Representation of Ariba in securing a jury verdict, including a finding that two patents involving online auction technology were valid and infringed.
Securing Labor Peace for the NFL
Defended the 2011 lockout against the antitrust claims in Brady v. NFL; negotiated a comprehensive 10-year CBA providing labor peace.
Settlement in trade secrets case
Achieved a favorable settlement on behalf of a telecommunications client filing a claim against a former employee accused of breaching post-employment restrictive covenants and confidentiality obligations, as well as misappropriating trade secrets.
Solvent scheme proceedings in English High Court
Challenged solvent schemes of arrangement in the English High Court, which were proposed by insurance carriers and sought to extinguish coverage for future policyholder claims.
SG Cowen Securities and Société Générale
In persuading the courts to compel arbitration of claims relating to alleged wrongs by a brokerage firm. 394 F.3d 444 (6th Cir. 2005).
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.
Strategy for Members of Industry Federation to Challenge Advertising Ban Imposed by EU Directive
Developed a litigation strategy for several members of an industry federation to challenge an advertising ban imposed by an EU directive for violations of the free speech provisions of Article 10 of the European Human Rights Convention.
Successful Challenge to Federal Renewable Fuel Standards Under the Clean Air Act
Represented the American Petroleum Institute in a challenge to federal renewable fuel standards under the Clean Air Act that resulted in the U.S. Court of Appeals for the District of Columbia Circuit ruling in favor of our client.
Success in federal copyright infringement lawsuit
Successfully defended 20th Century Fox Film Corporation and Chernin Entertainment in a federal copyright infringement lawsuit filed in the Central District of California. After extensive litigation, the case settled, with a complete walkaway and limit on future suits.
Successful Mediation of Multi-Million Dollar Software Errors and Omissions Claims
Representation of a major software company in the successful mediation of multi-million dollar software errors and omissions insurance claims.
Successful Representation in Exploratory Well Plugging Litigation
An E&P company in litigation challenging an order requiring it to spend many millions of dollars to permanently plug an exploratory well on an offshore lease, winning an appellate decision vacating the order.
Successful representation of Public Television Stations in FCC matter
Represented the Association of Public Television Stations before the D.C. Circuit, in successfully defending an FCC order providing that public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements.
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.
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. 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.
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 resolution of breach of contract and IP rights arbitration
Representation of a major European shipbuilder in successfully defeating claims brought in an ICC arbitration in New York by a U.S. engine supplier for alleged breaches of contract and intellectual property rights relating to stealth-enabled engine technology for warships.
Successful result for Kyocera Corporation
Representation of Kyocera Corporation, successfully obtaining a summary judgment dismissing over US$150 million in damages claims and then successfully defending that award in a set-aside action in the U.S. federal courts.
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.
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.
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).
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.
Telkom SA former South African state telecommunications company
In successfully resisting U.S. enforcement of one of the largest ICC awards in recent years, following an arbitration handled by other counsel. 458 F.3d. 172 (3d Cir. 2006).
The co-owner of a hybrid automobile battery manufacturer
In an American Arbitration Association (AAA) arbitration brought by its joint venture partner and co-owner.
Tidewater, Inc.
Representation of subsidiaries of Tidewater, Inc., the world’s leading provider of maritime services to the oil industry, in an ICSID arbitration arising out of the expropriation of certain investments in Venezuela.
Precedential Opinion Seals Victory for Bristol-Myers Squibb in Patent Dispute
Representation of Bristol-Myers Squibb (BMS), as a patent owner in an IPR proceeding instituted by Momenta Pharmaceuticals (Momenta), challenging the validity of a patent covering the formulation of BMS’s biological product, Orencia. The PTAB entered a final written decision entirely rejecting Momenta’s challenges and upholding all claims of the patent. Momenta appealed the decision to the Federal Circuit, even though Momenta had not yet filed a biosimilar application for Orencia with FDA. In a precedential opinion, the Federal Circuit dismissed Momenta's appeal for lack of standing and mootness because the company had failed to establish standing and in any event stopped developing a biosimilar version of the product, rendering the appeal moot.
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 Eli Lilly, ImClone, and BMS
Representation of 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 represented Eli Lilly), Penn alleged that its patent covered methods of using Eli Lilly’s biologic Erbitux® for treating cancer patients. The PTAB instituted trial on all challenged claims, and its final decision found the challenged claims to be unpatentable. On appeal, the Federal Circuit summarily affirmed the PTAB’s decision.
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. Tthe PTAB denied Teva’s petition in its entirety, adopting the rationale presented in Covington’s patent owner preliminary response.
Representation of LifeCell as Petitioner in an IPR Proceeding
Achieved a complete victory for LifeCell Corporation as petitioner in an IPR proceeding challenging a patent owned by LifeNet Health directed to soft tissue graft compositions. Trial was instituted and the PTAB granted the patent owner’s request for adverse judgment, cancelling all claims in the patent.
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. The PTAB issued its final written decision holding as unpatentable more than half of the challenged claims.
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.
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.
Video Gaming Technologies Trademark and Trade Secret Litigation
Representation of Video Gaming Technologies in trademark and trade secret litigation adverse to Castle Hill Gaming relating to Class II gaming terminals.
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.
ExxonMobil Venezuela Arbitration
Secured over $2 billion in compensation and interest against the Republic of Venezuela in favor of subsidiaries of client ExxonMobil. This widely-publicized victory was one of the largest awards ever obtained against a sovereign state.
Landmark Trademark Infringement Ruling for John Deere
Represented John Deere in a trademark infringement lawsuit against FIMCO, Inc. for dilution and false designation concerning Deere's iconic green and yellow colors on its towed agricultural equipment. After a one week bench trial, the Judge ruled in favor of Deere on every claim and issued a permanent injunction, prohibiting FIMCO from selling green and yellow agricultural equipment.
FCA Retaliation Case
Defended Salix Pharmaceuticals in a False Claims Act whistleblower retaliation case in the Southern District of New York. After targeted discovery aimed at proving that the plaintiff's complaints were not "protected activity" and she was not retaliated against, we moved for and won summary judgment on behalf of Salix.
Successful Representation of a global pharmaceutical company
Representation of a global pharmaceutical company in an ad hoc London arbitration seeking D&O and fiduciary insurance coverage for underlying claims relating a blockbuster drug.
AI Autonomous Vehicle Insurance Coverage and Litigation
Advising a client in identifying and providing solutions to gaps in coverage relating to AI use and risk, including with respect to AI used for autonomous vehicles.
In re On-Line Travel Company (OTC)/Hotel Booking Antitrust Litig., (multidistrict litigation)
Counsel for Expedia in obtaining dismissal of all claims in MDL litigation.
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.
Counseling on Potential Tort Claims for AI Technologies
Advising providers of AI technologies in assessing the risk of tort and other legal claims.
Samsung ITC Section 337 in Certain Portable Electronic Devices Investigation
Representation of Samsung (respondent) in the ITC Section 337 Investigation: In the Matter of Certain Portable Electronic Devices and Components Thereof, Inv. No. 337-TA-994, and appeal at the Federal Circuit. The ITC held the patent infringement claims invalid under Section 101 in a special 100-day proceeding. On appeal, the Federal Circuit summarily affirmed the ITC’s ruling.
Settlement in Federal Trade Secrets Case
In a trade secrets case relating to a $2B classified procurement, convinced the court to dismiss all but one claim asserted by the plaintiff against its former employee, our client. The plaintiff then dismissed the remaining claim with no payment by our client.
Confidential Settlement in "Switching Sides" Case
Represented several defendants against claims of breach of fiduciary duty, trade secret misappropriation, and patent infringement asserted by their former employer.
MGM Resorts International Litigation
Representation of MGM Resorts International in litigation against the Governor of Connecticut and other state officials over the constitutionality of laws affecting the opening of gaming establishments.
Regional Casino Contract Claims Representation
Prosecuted to trial complex breach of contract claims regarding the ownership rights of a limited partner in a major regional casino.
Representation of Oppo Before ITC
Defended OPPO Mobile Telecommunications Corp., Ltd. and OPPO Digital, Inc. against patent infringement allegations brought by LG Chem - pending. Oppo Digital, Inc; Guandong Oppo Mobile Telecommunications Corp. Ltd (Respondents): Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof, and Products Containing Same, USITC Inv. No. 337-TA-1087.
Represented Pharmaceutical Industry in Duma Hearings
On behalf of the Pharmaceutical Research and Manufacturers of America, appeared before a hearing of a committee of the Duma on proposals to establish greater protection for innovative pharmaceutical products, including protection of patents and regulatory exclusivity periods.
Representation of Investment Company in $80 Million Dispute
Representing an investment company in an LCIA arbitration relating to an oil terminal connected to the CPC Pipeline near the Black Sea. The value in dispute is over $80 million.
Representation of European Oil and Gas Client in Investment Dispute
Advising a European oil and gas company on an investment-related dispute in Uzbekistan.
Represented Mining Company in ICSID and SCC Arbitrations
Represented Newmont Mining in related ICSID and SCC arbitrations against Uzbekistan concerning termination of rights to exploit mineral resources.
Advising on Expropriations of Investments
Advising U.S. shareholders in a Russian oil and gas company on securing compensation for the expropriation of their investments.
Representation of Russian Government Administrator in U.S. Criminal Action
Representing the Russian Federation’s former Minister of Atomic Energy in a U.S. criminal action alleging that the minister stole tens of millions of dollars provided to Russia by the U.S. Department of Energy.
Trial Win in Russian Media Corporate Control Dispute
After five-month bench trial, won verdict of nearly $30 million on behalf of New Media Holdings in multinational corporate control dispute over ownership of Ukrainian television network.
Representation of a Russian Individual in International Disputes
Represented Russian businessman Vladimir Gusinski and his family of Russian and U.S. companies in connection with disputes in Russia, the United States, and elsewhere.
Negotiated Global FCPA Investigation Settlement
Assisted client in negotiating a global settlement of an FCPA investigation, the centerpiece of which concerned bribery involving a major Russian agency.
Led Internal Investigation in Russian Health Care and Education Sectors
Conducted an internal investigation for a client concerning allegations of bribery involving Russian hospitals and public educational institutions.
Secured Favorable Resolution of FCPA Investigation
Represented a U.S. corporation and its principal in connection with a U.S. Department of Justice investigation into alleged FCPA violations involving Russian government officials. The investigation was closed without charges being filed against our clients.
Led Internal Investigations Related to Russian Custom Agencies
Conducted an internal investigation for a client concerning allegations of bribery involving Russian customs agencies.
Advised on Anti-Corruption Due Diligence
Supported client in conducting anti-corruption due diligence concerning the acquisition of a Russian company.
Led Internal Investigation for Manufacturing Client with Georgia Government Sales
Conducted an internal investigation for a manufacturing company relating to sales to Georgia’s Ministry of Agriculture.
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).
Defense of Leading Contractor in Wrongful Death and Injury Suits
Defending HP Enterprise Services, LLC in eight actions asserting tort claims for wrongful death and injury arising from the mass shooting at the Washington Navy Yard on September 16, 2013. The tort actions are now pending in federal district court in the District of Columbia.
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.
National Geographic Trade Secrets Dispute
Representation of National Geographic in trade secret litigation, including a lawsuit and an arbitration, in defending against allegations of misappropriation of trade secrets relating to a database schema and functionality and a website.
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.
Trade Secret Litigation Involving Electronic Design Automation
Representation of Hewlett-Packard in a trade secret case involving electronic design automation (EDA) technology.
Trademark Litigation
Represented Chloé in trademark litigation in the United States District Court for the Middle District of Florida concerning defendant’s use of the CHLOÉ mark for women’s clothing offered for sale on its website and for a women’s clothing store.
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.
UK Bribery Act enactment
Participated extensively in the consultations leading to the enactment of the 2010 UK Bribery Act.
UK Bribery Act advice to large health insurance client
Provided UK Bribery Act advice to a large health insurance company regarding operations in Brazil.
UNCITRAL arbitration against Indonesia
Representation of a joint venture of Newmont Mining and Sumitomo in an UNCITRAL arbitration against Indonesia relating to the government’s attempt to terminate rights to copper and gold resources under a Contract of Work.
United Technologies export controls matters
Represented United Technologies in settling a criminal and civil export controls matter with the United States Department of Justice and Department of State.
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.
Utility company property damage recoveries
Represented Kansas City Power & Light Company in litigation over coverage for property damage caused by a boiler explosion.
Utility Air Regulatory Group v. EPA Amicus Brief
Prepare and submit amicus brief to the Supreme Court on behalf of legislators in Utility Air Regulatory Group v. EPA, 134 S. Ct. 2427 (2014).
Valdez oil spill-related arbitration for Exxon Corporation
Representation of Exxon Corporation in New York-seated arbitration and related judicial proceedings against its insurers for losses arising from the Valdez oil spill, resulting in a reported recovery of US$780 million.
Verizon $1.7 billion pension plan error
Obtained a court order for Verizon reforming a $1.7 billion drafting error in a pension plan formula. This was the first court order correcting a scrivener’s error in an ERISA plan.
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.
Verizon pension class action
Defeated an effort by a class of retirees to block Verizon’s purchase of an annuity contract to settle $7.5 billion in pension liabilities.
Vioxx insurance arbitrations
Representing Merck in two related London arbitrations involving insurance coverage for claims relating to Vioxx.
Wachovia Bank, N.A. before the U.S. Supreme Court in the landmark preemption case
Representing Wachovia Bank, N.A. before the U.S. Supreme Court in the landmark preemption case, Watters v. Wachovia Bank, N.A., which held that federal preemption barred Michigan State officials’ efforts to regulate a mortgage subsidiary of Wachovia Bank.
Washington v. National Football League
Dismissing a purported class action antitrust suit brought by retired players alleging a conspiracy to restrain a market for the sale of their images and likenesses.
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.
Watters v. Wachovia Bank, N.A.
Covington successfully represented Wachovia Bank in a National Bank Act preemption case. In ruling for Wachovia, the Supreme Court held that the state law at issue was preempted because national bank operating subsidiaries are supervised exclusively by the federal Office of the Comptroller of the Currency.
Wellbutrin XL Antitrust Litigation
Represented 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.
Wells Fargo Bank Consumer Class Actions
Represented Wells Fargo Bank in consumer class actions under the laws of multiple states challenging fees, disclosures, and other banking practices.
Wells Fargo Bank in Numerous Consumer Class Actions
Representation of Wells Fargo Bank in numerous consumer class actions brought in state and federal courts in California invoking the state’s false advertising statutes with respect to the bank’s sales of products and services.
Whistleblower discrimination summary judgment win
Won summary judgment and Ninth Circuit affirmance of a whistleblower/discrimination case brought against a major pharmaceutical company.
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.
Whistleblower retaliation case
Successfully argued a whistleblower retaliation case arising under the False Claims Act in the U.S. Court of Appeals for the Fourth Circuit on behalf of a pharmaceutical company after winning dismissal at summary judgment stage.
World Bank bribery allegations
Investigating allegations of fraud, bribery, and collusion in a contract financed by the World Bank and representing the client before the World Bank Integrity Vice Presidency in anticipation of a potential debarment action.
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.
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.
Young v Verizons Bell Atl Cash Balance Plan
Young v. Verizon’s Bell Atl. Cash Balance Plan, __ F. Supp. 2d __, 2009 WL 3677350 (N.D. Ill. Nov. 2, 2009). For Verizon, we secured a court order reforming a $1.7 billion drafting error in a pension plan formula. This was the first court order correcting a scrivener’s error in an ERISA plan.
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.
Recovery for Data Security Breaches
Our top-ranked insurance practice has successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches.
Successful Defense of Chiquita Brands International Under the Alien Tort Statute
Successfully represented Chiquita Brands International, Inc. before the Eleventh Circuit and Supreme Court in suits brought under the Alien Tort Statute arising out of extortion payments made by Chiquita’s former subsidiary to Colombian armed groups, including mass tort claims, insurance coverage disputes, shareholder derivative suits, and government investigations.
Insurance Coverage for AI, Autonomous Vehicles, and Other IoT Products
We advise clients on closing insurance gaps associated with new technologies. Matters have included advising a client in identifying and providing solutions to gaps in coverage relating to AI use and risk, including with respect to AI used for autonomous vehicles. We help policyholders recover insurance—both in the U.S. and abroad—for a wide variety of claims, including mass-tort liabilities, property and business interruption losses, marine, and D&O, E&O, and many other types of exposures.
Independent Investigation for Choate Rosemary Hall
Conducted an independent investigation of historic adult sexual misconduct for Choate Rosemary Hall school. Covington’s report was released to the media and covered extensively.
Presidential Representation in Various Investigations
Represented former U.S. President Bill Clinton in impeachment hearings and trial, four independent counsel investigations, a Justice Department task force investigation, and numerous congressional oversight investigations.
Investigation into Sexual Misconduct for Prestigious Private School
Represented a prestigious all-girls private school in an investigation focused on sexual misconduct that was the subject of significant press.
Successful Representation of Samsung at the District Court, PTAB, and the U.S. Court of Appeals
Representation of Samsung as a third-party intervenor in the District Court of Delaware in a case instituted by Gold Charm. Gold Charm sued Toshiba, a customer of Samsung Display Co., asserting a dozen unrelated patents relating to LCD technologies. Many of the accused products contained components manufactured by Samsung Display. Samsung decided to intervene to protect its customer. The result was a decisive victory based on a broad effort comprised of: IPRs that knocked out several patents; a motion for partial summary judgment on licensing that knocked out another patent and drastically reduced the plaintiff's alleged damages; and further summary judgment motions on the two most significant remaining patents were filed and granted by the court. The U.S. Court of Appeals for the Federal Circuit summarily affirmed the IPR victory on one of the patents. None of the other IPR victories were appealed.
Resolved Federal and State Investigation of Speaker Programs
Represented Salix Pharmaceuticals, Inc. in civil settlement of federal and state investigation of allegations concerning speaker programs.
Criminal Declination and Favorable First-Mover Civil Settlement
Represented major airline in industry-wide parallel civil/criminal investigation of fraud in connection with U. S Postal Services contract, securing criminal declination and favorable first-mover civil settlement.
Declination and Highly Favorable Global Resolution
Represented leading engineering contractor facing allegations of quality deficiencies and lobbying violations related to multi-billion nuclear waste treatment contract; secured a partial DOJ declination and resolved all remaining claims on highly favorable terms.
Dismissal of Medicare Overbilling Allegations
Represented McKesson Provider Technologies in Northern District of Texas case involving FCA and supplemental state law claims, securing dismissal under Rules 9(b) and 12(b)(6) of alleged submission of purportedly false medical bills.
Dismissal of Formulary-Placement Allegations
Represented Novartis Pharmaceutical Corporation in successful motion to dismiss in the District of New Jersey on allegations that the company offered discounts to influence formulary position.
Represent Airline Trade Association with DG Competition Investigation
Represent major airline trade association in connection with a DG Competition investigation.
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. The PTAB 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.
Won Summary Judgment Against Marketing Allegations
Represented leading pharmaceutical manufacturers in two separate cases alleging improper marketing of blockbuster medications. Both cases resulted in summary judgment for the defendants, and the one that was appealed was affirmed by the First Circuit.
Microsoft Ireland Case
Representing Microsoft before the U.S. Supreme Court in its challenge to the government’s attempt to compel disclosure of customer emails stored in Ireland using a search warrant. The case set Irish and European privacy law and national sovereignty against U.S. law enforcement needs and raised a whole host of issues relating to demands for data by government agencies from another country.
Significant Privacy Case Before the Irish High Court
The Irish High Court referred the validity of the Standard Contractual Clauses used as a basis to transfer data and specifically whether they are compatible with the EU treaties to the EU Court of Justice. This is an amicus brief where we will appear on behalf of our client alongside the U.S. Government in making submissions before the EU Court of Justice.
Case Challenging a Negative Reimbursement Decision before the Irish High Court
Advised U.S. pharmaceutical company PTC Therapeutics on the first ever challenge on a negative reimbursement decision by the Health Executive Ireland relating to ultra-orphan drug, Translarna.
Representation of NFL in Tort Insurance Coverage-Related Litigation
Representing the National Football League and NFL Properties in ongoing coverage litigation concerning insurance coverage for concussion-related tort lawsuits brought by thousands of retired NFL players. The coverage litigation seeks coverage for the costs incurred or to be incurred in connection with the underlying tort litigation, including coverage for the proposed class action settlement approved by a federal court in May 2015. The coverage litigation in New York state court involves more than 30 insurers that issued primary or excess general liability insurance to the NFL and NFL Properties over the last half century.
Successful Representation of Microsoft in Privacy Battle
Represented Microsoft in successfully opposing a subpoena seeking the emails of a deceased customer. Following briefing and a hearing, the Court embraced Microsoft's balanced approach to this nuanced issue of digital privacy, holding that Microsoft could not be compelled by subpoena to produce the emails but was free to do so voluntarily in accordance with its policies.
Return Mail Inc. v. U.S. Postal Service
Covington won a precedent-setting dispute before the U.S. Supreme Court on behalf of Return Mail, Inc. in a case that attracted significant attention in the patent field, particularly within industries that involve competition or collaboration with the federal government. The case centered around the U.S. Postal Service's attempt to invalidate Return Mail's patent through an administrative proceeding at the U.S. Patent and Trademark Office. In a 6-3 decision, the Supreme Court ruled in Return Mail's favor and held that the government is not a “person” capable of instituting an administrative review proceeding under the America Invents Act. The ruling concludes a pivotal chapter in Return Mail’s 15-year, multi-forum fight to enforce its patent rights against the government, while defending against the U.S. Postal Service's attempt to invalidate its patent.
Dismissal of Suit Alleging Fraud in Defense Contracts
Obtained dismissal of qui tam action alleging fraud in connection with Iraqi procurement contracts, as sanction for discovery abuse, United States ex rel. Mayberry et al. v. Custer Battles LLC et al., No. 1:06-cv-364 (E.D. Va. 2008).
Summary Judgment in Defective Pricing Suit
Won summary judgment on False Claims Act case alleging TINA violations, United States ex rel. Sanders v. Allison Engine Company, 364 F. Supp. 2d 699 (S.D. Ohio 2003).
Anti-Terrorism Act Litigation
- Defense of Deutsche Bank in Anti-Terrorism Act (ATA) litigation brought on behalf of American service members killed or injured by terrorist bombing attacks in Iraq. Secured complete dismissal with prejudice, which was affirmed on appeal by the Seventh Circuit in a precedent-setting ATA decision.
- Defense of F. Hoffmann-La Roche Ltd. In ATA litigation arising out of provision of medical supplies to Iraq after the fall of Saddam Hussein.
- Successfully represented Chiquita Brands International, Inc. before the Eleventh Circuit and Supreme Court in suits brought under the Alien Tort Statute arising out of extortion payments made by Chiquita’s former subsidiary to Colombian armed groups.
- Defense of telecommunications company in ATA litigation concerning alleged business in Taliban-controlled areas of Afghanistan.
Battlefield Torts
- Defense of KBR, the largest military services contractor in Iraq and Afghanistan.
- Obtained complete dismissal of 63 lawsuits brought by 800-plus named plaintiffs against KBR challenging KBR’s use of burn pits to dispose of waste.
Navy Yard Shooting Litigation
- Defense of HP Enterprise Services, LLC in eight actions asserting tort claims for wrongful death and injury arising from the mass shooting at the Washington Navy Yard on September 16, 2013.
Washington Gas Flower Branch Litigation
- Defense of Washington Gas Company in consolidation mass tort litigation arising from natural gas incident in apartment complex in Silver Spring, Maryland.
Roundup Litigation
- Defense of Bayer subsidiary Monsanto in thousands of lawsuits alleging that the exposure to glyphosate-based weed killer Roundup causes cancer.
Takata Airbags Litigation
- National counsel to Takata in NHTSA-administered recalls, government investigations, and nationwide litigation involving airbag inflators.
Nationwide Opioid Litigation
- National counsel to McKesson in defending against lawsuits relating to opioid distribution in dozens of U.S. states, counties, and territories.
Accutane Litigation
- Defense of Hoffman-La Roche Inc. in multi-jurisdictional litigation involving prescription acne medication.
- Successful exclusion of causation experts in Federal MDL and parallel state court proceedings, resulting in the dismissal of over 8,000 cases.
- Unprecedented string of 20 appellate victories, successfully affirming every trial win for client and reversing nearly $100 million in adverse trial results.
- Trial wins across multiple trials
Cialis Litigation
- National counsel for Lilly in In re: Viagra (Sildenafil Citrate) and Cialis (Tadalafil) Products Liability Litigation MDL proceeding involving erectile dysfunction medicines.
- Excluded all of plaintiffs’ causation experts on successful Daubert motion.
Mirena Litigation
- National counsel to Bayer in two separate MDL proceedings involving distinct claims relating to intrauterine contraceptive device.
- Ended both litigations through successful Daubert motions excluding all of plaintiffs’ general causation experts.
Cymbalta Litigation
- National counsel to Lilly in nationwide litigation involving medicine prescribed to treat severe affective disorders.
- Successfully defeated MDL centralization twice.
- Secured back-to-back-to-back trial wins in two separate venues.
Pradaxa Litigation
- National counsel to Boehringer Ingelheim in litigation involving novel oral anticoagulant medicine.
- Secured multiple defense verdicts at trial, including in first bellwether suit involving wrongful death claim.
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.
Defense of Lawsuits Raising Environmental Challenges
All the major domestic oil and gas trade associations in defending multiple ongoing district court and court of appeals lawsuits raising environmental challenges to continued leasing, exploration and development both onshore and in the Gulf of Mexico and offshore Alaska.
Cardona v Chiquita Brands International
Covington successfully represented Chiquita against a series of Alien Tort Statute claims filed by more than 6,000 individual plaintiffs in Colombia. The U.S. Court of Appeals for the Eleventh Circuit dismissed the cases for lack of jurisdiction, agreeing that they involved conduct committed entirely abroad.
Animal Health Class Action
Represented Merck in a class action alleging injuries from a product manufactured to regulate diabetes in animals.
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.
Children's Medicine Recall Class Actions
Represented Johnson & Johnson and McNeil Consumer Healthcare in consumer class actions arising out of recall of children’s medicines.
Merck Class Action Claims
Counseled Merck Animal Health defending purported class action claims related to its animal diabetes medication, Vestulin.
Representing McKesson in Nationwide Opioid Battle
Representing McKesson Corporation in response to Civil Investigative Demands, in investigations, and in defending against lawsuits relating to opioid distribution in dozens of U.S. states, counties, and territories. Covington also is providing insurance coverage advice regarding opioid-related claims and shareholder derivative lawsuits.
Appellate counsel to Eli Lilly and Co before the Second Circuit
Covington obtained a ruling from the appellate court that Lilly was entitled to summary judgment on plaintiffs’ claims and that the “third party payor” plaintiffs’ claims related to Zyprexa pricing could not proceed as a class action, as initially certified by the district court.
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.
Hurricane Katrina Insurance Recoveries
Representing a national hotel company in litigation over coverage for property damage and business income losses caused by Hurricane Katrina.
Litigation Challenging EPA Determination on Air Pollution
Representing power generation companies in litigation challenging EPA’s determination that hazardous air pollutant standards for coal- and oil-fired power plants (the Mercury and Air Toxics Standards or MATS) are not appropriate and necessary.
Carbon Market Amicus Curiae Litigation
Representing The Nature Conservancy as amicus curiae in litigation filed by the United States in the Eastern District of California challenging the linkage between California’s and Quebec’s carbon market as unconstitutional under the Treaty Clause, Compact Clause, and foreign policy preemption doctrine.
Clean Energy Regulatory Litigation
Representing a coalition of electric utilities litigating challenging EPA’s Affordable Clean Energy (ACE) Rule, which revokes the Obama Administration’s Clean Power Plan.
Corporate Culture Investigation for Uber Technologies, Inc.
Led a three-month investigation into the corporate culture at Uber Technologies Inc. following a blog post by a former Uber engineer that alleged that the company’s work culture was biased against women and that managers ignored sexual harassment complaints. The process included more than 200 interviews with current and former employees, and resulted in a set of recommendations approved unanimously by the board that subsequently were released publicly.
Challenging EPA's SAFE Vehicles Rule Part Two
Representing a coalition of utilities and a trade association in challenging EPA’s SAFE Vehicles Rule Part Two, which establishes less stringent federal GHG and CAFE standards for cars and trucks than were set by the Obama Administration.
Government Dismissal of Whistleblower Suit
Successfully represented UnitedHealth Group subsidiary in the Eastern District of Pennsylvania in a closely-watched FCA case regarding hospital admission status, resulting in the Government moving to dismiss the entire case shortly before filings for partial summary judgment. The court granted the Government’s motion and granted summary judgment on a large portion of the claims.
NAFTA Arbitration Against Mexico
Representation of Legacy Vulcan LLC in a NAFTA arbitration against Mexico related to the operation of a limestone quarry and port terminal in the state of Quintana Roo.
Victory Secured for Ukraine’s Naftogaz
Representation of Ukraine’s state-owned oil and gas company, NJSC Naftogaz of Ukraine, and six of Naftogaz's subsidiaries in a U.S. $5.05 billion investment-treaty claim against the Russia Federation for Russia's expropriation of Naftogaz's assets in Crimea following Russia’s claimed annexation of the peninsula.
Multiple Cases Against the Russian Federation
Representation of Ukraine adverse to the Russian Federation before the International Court of Justice and numerous international tribunals defending Ukraine's rights under the Convention for the Suppression of the Financing of Terrorism, the Convention on the Elimination of All Forms of Racial Discrimination, and the UN Law of the Sea.
Secured Stay of Court Proceedings on Behalf of International Oil Company
Assisted local counsel in Malawi in obtaining a stay of court proceedings and costs for an international oil company in USD 480 million claim in the High Court of Malawi, arising from an agreement between the Claimant and our client for purchase of fuel and lubricants by the Government of Malawi from our client.
Successful Defense of Pharmaceutical Company in $1.8 Billion Arbitration
Successful representation of Eli Lilly and Company in a $1.8 billion AAA/ICDR arbitration alleging misappropriation of trade secrets brought by a former collaboration partner.
Successful Representation Related to Top Chinese TV Show
Representation of an international media company in Hong Kong-seated HKIAC arbitration proceedings in a dispute relating to The Voice, one of the most watched television shows in China.
Price Reviews of Long-Term LNG Contracts
Representation of a European gas utility company in two major price review arbitrations under the UNCITRAL rules relating to three long-term LNG contracts with a sum in dispute of approximately $3 billion.
Victory in U.S. Related Enforcement Action
Representation of NJSC Naftogaz of Ukraine in connection with its efforts to enforce a $2.6 billion arbitral award that Naftogaz won in a Stockholm-seated commercial arbitration against Russian state-controlled gas company Gazprom. As part of Covington’s role, the firm filed three applications for discovery—in the Southern District of New York, in the Southern District of Texas, and in the Northern District of Texas—in the United States under section 1782 of the U.S. Code and succeeded in having two of the three applications granted. One application remains pending.
Sony BMG Music Entertainment in Class Action Lawsuit
Representation of Sony BMG Music Entertainment in a class action lawsuit challenging royalties for downloading music.
All Major Record Labels and Music Publishers in Copyright-Infringement Litigation Against Internet Service Providers
Representation of all major record labels and music publishers in high-stakes mass copyright infringement litigations against internet service providers Charter Communications and Bright House Networks.
Microsoft in Mechanical Rights Lawsuit Over Music Service
Representation of Microsoft in defense of mechanical rights infringement claims brought by beneficiaries of famous Tin Pan Alley composers.
XM Satellite Radio Insurance Claim
Advised XM Satellite Radio on an insurance claim arising out of the solar array anomaly in its two Boeing 702 satellites.
Digital Music Royalty Class Actions
Represented Sony Music in class actions concerning royalties owed in connection with streaming and digital downloads under legacy recording agreements.
Digital Music Antitrust Class Action
Represented Bertelsmann, Inc. in multi-district antitrust class action litigation alleging price-fixing and other violations of antitrust laws with respect to digital music.
Sony Music Entertainment in Royalty Dispute Between Quincy Jones and the Estate of Michael Jackson
Represented Sony Music in a lawsuit brought by Quincy Jones over royalties from the Estate of Michael Jackson.
TikTok in Securing Preliminary Injunction to Avoid Shutdown
Secured preliminary injunction on behalf of TikTok prohibiting the government from implementing an executive order banning the social media platform from U.S. mobile app stores.
Challenging EPA's SAFE Vehicles Rule Part One
Representing a coalition of utilities as petitioners and former Cabinet members as amici curiae in litigation challenging EPA’s and NHTSA’s Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program, which withdraws California’s waiver to enforce its own GHG standards for cars and trucks and deems that NHTSA’s authority to set Corporate Average Fuel Economy (CAFE) standards preempts state GHG and zero-emission vehicle (ZEV) standards.
Significant International Arbitration and Insurance Victory for ExxonMobil
Unanimous arbitration award and subsequent federal court confirmation ruling in favor of ExxonMobil, securing full policy limits, including prejudgment interest, for product liability claims under an insurance policy.
Defending Against Court Actions Brought by Department of Justice
Defense of nationwide leader of conservation-minded real estate investment strategies in federal court litigation brought by U.S. Department of Justice seeking disgorgement and injunctive relief.
Support in Congressional Investigations
Supported nationwide leader of conservation-minded real estate investment strategies in responding to an investigation conducted by the U.S. Senate Finance Committee.
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.
California Vehicle Waiver Revocation Litigation
We are representing a coalition of major power companies challenging U.S. EPA’s and National Highway Traffic Safety Administration’s Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program (D.C. Cir. Case No. 19-1230; D.D.C. Case No. 1:19-cv-02826-KBJ). We also represented former EPA and DOT administrators and secretaries as amici curiae in support of petitioners.
Carbon Market Amicus Curiae Litigation
We represented The Nature Conservancy as amicus curiae in litigation filed by the United States in the Eastern District of California challenging the linkage between California’s and Quebec’s carbon market as unconstitutional under the Compact Clause, Treat Clause and Foreign Policy Preemption doctrine. United States. v. California, 444 F.Supp.3d 1181 (E.D. Cal. 2020); United States v. California --- F.Supp. ---, 2020 WL 4043034 (E.D. Cal. 2020).
Clean Power Plan Repeal Litigation
We represented a coalition of major power companies in litigation challenging U.S. EPA’s Affordable Clean Energy (ACE) Rule and repeal of the Clean Power Plan, and argued in a 9-hour hearing, along with the NY Deputy Solicitor General, the key statutory argument upon which the Court vacated the ACE Rule and repeal. American Lung Association v. EPA, --- F.3d ---, 2021 WL 162579 (D.C. Cir. 2021).
Federal Fuel Economy and GHG Vehicle Standards
We are representing a coalition of electric utilities and an advanced energy association challenging EPA’s and NHTSA’s SAFE Vehicles Rule, which sets weaker GHG and fuel economy standards for cars and trucks (D.C. Cir. No. 20-1145). We previously represented some of the same electric utilities and association in litigation challenging EPA’s revised final determination that the Obama Administration’s standards are not appropriate and must be revised. California v. EPA, 940 F.3d 1342 (D.C. Cir. 2019).
February 17, 2021
WASHINGTON—Covington advised Humacyte, Inc., in its merger with Alpha Healthcare Acquisition Corp., a special purpose acquisition company. The transaction implies a pre-money valuation of $800 million for Humacyte with existing Humacyte shareholders rolling over 100% of their equity into equity of the combined company. In connection with the execution of the ...
January 28, 2021
NEW YORK—Euromoney Legal Media Group recognized Jessica Beess und Chrostin as a Rising Star in the Commercial Arbitration category at its annual “Americas Rising Stars” Awards. Kate Mitchell-Tombras was shortlisted in the Antitrust and Competition category. Ms. Beess und Chrostin represents clients in administered and ad hoc international commercial arbitration, ...
January 27, 2021
WASHINGTON—Covington is advising Veritas Capital on the acquisition of Perspecta Inc. by Veritas portfolio company Peraton for $7.1 billion. The transaction is expected to close in the first half of 2021. Following closing, Perspecta will be combined with Peraton, a trusted provider of highly differentiated space, intelligence, cyber, defense, homeland security ...
January 27, 2021, Covington Alert
The Panel of Recognised International Market Experts in Finance (or “PRIME Finance”) announced last week a consultation on updates to its arbitration rules (the “PRIME Rules”), which were last updated in 2016 (the “2016 Rules”). The newly proposed rules (the “Proposed Rules”) will apply to disputes under previously concluded PRIME Finance arbitration agreements, ...
Los Angeles Business Journal Names Ali Mojibi and Neema Sahni Minority Leaders of Influence
January 26, 2021
LOS ANGELES—The Los Angeles Business Journal has named Ali Mojibi and Neema Sahni to its ”Minority Leaders of Influence: Attorneys” list, a recognition of leading minority Los Angeles-based lawyers. Mr. Mojibi is a partner in Covington’s Los Angeles office. He serves as trial counsel for Fortune 500 and leading emerging companies, with a focus on patent, trade ...
January 26, 2021, The National Law Journal
Beth Brinkmann spoke with The National Law Journal about her previous role as Deputy Assistant Attorney General in the U.S. Department of Justice, Civil Division where she oversaw the Division’s nationwide appellate litigation. Ms. Brinkmann explained that, “The job provides the opportunity to represent countless federal agencies and officials and to handle a ...
Covington's London Public Company Practice Closes a Strong Year of Life Sciences Transactions
January 25, 2021
LONDON–Covington’s London corporate team has advised AIM- and Main Market-listed clients on multiple fundraisings and acquisitions over the past few months, marking a strong year in life sciences transactions. These include: Advising Sensyne Health plc, a UK clinical AI company listed on the London AIM market, on its £27.5 million equity fundraising The ...
January 22, 2021
WASHINGTON / SAN FRANCISCO— The BTI Consulting Group has named Covington lawyers James Garland, Corinne Goldstein, Benedict Lenhart, Peter Lichtenbaum, Clara Shin, and Sarah Wilson to its 2020 “Client Service All-Stars” list, which recognizes “attorneys who stand above all the others in delivering the absolute best in client service.” Mr. Garland, based in ...
January 21, 2021, Covington Alert
On 15 January 2021, the UK Supreme Court handed down its judgment in the test case brought by the Financial Conduct Authority (“FCA”), which is intended to clarify how commonly-used business interruption insurance wordings will respond to losses arising from the Covid-19 outbreak in the United Kingdom. The Supreme Court’s decision followed a ‘leapfrog’ appeal ...
January 21, 2021, Covington Alert
A series of recent high-profile English cases have considered the scope of what is called the Quincecare duty. That duty, owed concurrently in contract and in tort, obligates banks to refrain from executing customers’ orders where they are on inquiry that an order may be an attempt to misappropriate a customer’s funds. This alert discusses an important new ...
January 21, 2021, Covington Alert
Consumer products companies have been facing a surge of mislabeling lawsuits in the District of Columbia. These lawsuits are exploding in part due to recent court decisions that purport to grant “tester” plaintiffs—individuals and organizations that purchase products simply to test whether the representations about a product are true—a right to sue on behalf of ...
January 13, 2021, Covington Alert
There were several notable developments in the fourth quarter of 2020 affecting class actions. The Supreme Court is poised to decide whether a damages class can be certified when a large portion of the class lacks Article III standing. Multiple cases were decided relating to the interpretation and impact of arbitration provisions on class actions and other types ...
January 6, 2021, Commercial Dispute Resolution
Louise Freeman spoke with Commercial Dispute Resolution about the UK Supreme Court’s judgment in Mastercard v. Merricks, a decision with implications for the country’s class actions regime. Ms. Freeman says that the decision “breathes new life into the class action regime, under which no classes have been certified since it was introduced in 2015.” The ...
January 4, 2021, Covington Alert
On December 27, 2020, the Consolidated Appropriations Act of 2021 was signed into law.[1] Nestled among the much-publicized $2.3 trillion package for COVID-19 relief and appropriations are three significant reforms to copyright and trademark law. Here is what you need to know. 1. Trademark Modernization Act (“TMA”): Codified Presumption of Irreparable Harm, ...
5 Litigation Areas For Banks To Watch In 2021
January 3, 2021, Law360
Jean Veta spoke with Law360 about the fallout from the Paycheck Protection Program fraud. Ms. Veta says 2021 could be the year that the federal government broadens its pursuit of PPP fraudsters to include the banks and other lenders that served them. Although the program did not require financial institutions to rigorously vet PPP loan applicants. Some banks ...
Winter 2021, Covington Alert
As we noted in a recent client advisory, we have observed an upward trend in recent years in anti-corruption enforcement activity in Africa, including cross-border cooperation between African law enforcement authorities and their counterparts in the U.S. and UK. Looking ahead to 2021 and beyond, we see no reason to expect this trend to reverse. While 2020 did ...
December 31, 2020, Covington Alert
On 24 December 2020, the EU and the UK reached agreement on the terms of the “EU-UK Trade and Cooperation Agreement” (the “Brexit Deal”). Despite this eleventh-hour agreement, the Brexit Deal is silent on judicial cooperation in civil matters. In this alert, we consider how Brexit, and the Brexit Deal, are likely to affect litigators in Europe going forward and ...
December 18, 2020, Bloomberg Law
December 16, 2020, Covington Alert
On November 10, 2020, a New York federal court dismissed an insurer’s counterclaims that sought to estop a policyholder from recovering sums in excess of a policy sublimit that the insurer had allegedly procured through inequitable conduct. Pilkington North Am., Inc. v. Mitsui Sumitomo Ins. Co. of Am., 18 Civ. 8152 (JFK), No. 175 (S.D.N.Y. Nov. 10, 2020). The ...
Housing company cites ongoing lawsuit for halting discussions with military residents at Fort Meade, Md.
December 15, 2020, Stars and Stripes
Benjamin Block is quoted in Stars and Stripes regarding the firm’s pro bono representation of military families suing Corvias, a housing company responsible for maintaining the upkeep of on-base housing. Mr. Block says it is “very disappointing” that Corvias ended participation in discussions with residents about their concerns and blamed these families. “But, ...
December 15, 2020, Bloomberg Law
Peter Hutt II spoke with Bloomberg Law about Boeing’s attempt to recover $1 million the U.S. withheld in a Navy contract dispute. Mr. Hutt says the problem with the regulation Boeing is challenging “is its ‘heads-we-win, tails-you-lose’ approach that disadvantages contractors and systematically provides windfalls to the government.” He adds, “This one-sided ...
US to reform AML rules
December 14, 2020, Global Banking Regulation Review
Nikhil Gore is quoted in Global Banking Regulation Review regarding reform to the anti-money laundering framework as part of the National Defense Authorisation Act (NDAA), introducing a new beneficial ownership registration regime for shell companies. Mr. Gore says the beneficial ownership registry “helps make sure that banks, which are very much invested in ...
December 14, 2020, Covington Alert
On December 10th, the Antitrust Division of the U.S. Department of Justice announced its first criminal indictment targeting an alleged conspiracy to reduce employee wages. The DOJ charged the former owner of a therapist staffing company with conspiring to reduce pay rates for healthcare worker contractors, but did not charge the company itself. Specifically, ...
IPM’s podcast: 2020 in review
December 11, 2020, Intellectual Property Magazine
Beth Brinkmann highlights top IP Supreme Court cases of the year. Beth also opines on what the passing of Justice Ruth Bader Ginsburg could mean for IP law in a podcast for Intellectual Property Magazine.
Mastercard Loses $18.6 Billion Class Action Court Ruling
December 11, 2020, Bloomberg
Louise Freeman spoke with Bloomberg about the UK Supreme Court’s class action case against Mastercard over illegal swipe fees. Ms. Freeman says the ruling paves the way for further consumer class-action lawsuits, which were made possible by a 2015 law change, but have struggled to gain traction. The ruling means “it is not the job of the Competition Appeal ...
Daily Journal Names Aaron Lewis and Dan Shallman Among Top California White Collar Lawyers
December 9, 2020
LOS ANGELES—The Daily Journal has named Aaron Lewis and Dan Shallman to its 2020 Top White Collar Lawyers list, a recognition of the leading California lawyers who specialize in white collar law. Mr. Lewis is a partner in Covington’s Los Angeles office and serves as vice chair of the firm’s White Collar Defense and Investigations Practice Group. He is frequently ...
Covington Assists Veritas Capital with Federal IT and Mission Support Services Acquisition
December 8, 2020
WASHINGTON—Covington is assisting Veritas Capital and its portfolio company Peraton with their pending acquisition of the federal IT and mission support services business of Northrop Grumman for $3.4 billion. The transaction is expected to close in the first half of 2021. Peraton is a trusted provider of highly differentiated space, intelligence, cyber, defense, ...
December 8, 2020, Bloomberg Law
Anne Termine is quoted in Bloomberg Law regarding the CFTC’s foreign bribery enforcement action against oil trader Vitol Inc. Ms. Termine says commodities traders “will likely sit up and take notice” of the Vitol settlement because of the expansive use of the CFTC’s powers to get at conduct that normally falls under anti-bribery laws. That “kitchen sink” ...
December 8, 2020, SCOTUSblog
Supreme Court argument tips, cracking the glass ceiling for hiring women in the Solicitor General's Office, and giving birth one day and winning a SCOTUS case the next -- hear these stories and more from Beth Brinkmann on SCOTUSblog’s podcast, “SCOTUS Spotlight.”
December 7, 2020, Covington Alert
On 27 November 2020, the UK Supreme Court handed down its long-awaited judgment in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48. The Court unanimously dismissed Halliburton’s appeal to remove the court-appointed chair of its tribunal for “apparent bias” in a London-seated insurance coverage arbitration arising out of the Deepwater Horizon ...
Covington Again Named Law360 Firm of the Year
December 1, 2020
WASHINGTON —Law360 named Covington as one of its Firms of the Year for the third consecutive year. The firm won eight Practice Group of the Year awards, tied for the most of any law firm. The recognition highlights the firm's depth and breadth of practice across its corporate, litigation, and regulatory practices, as well as key industry sectors like life ...
November 21, 2020, CoinTelegraph
Arlo Devlin-Brown spoke with CoinTelegraph about the DOJ’s Cryptocurrency Enforcement Framework and its extension of prosecution outside U.S. borders. Mr. Devlin-Brown says, “The DOJ has consistently taken the position that U.S. criminal jurisdiction extends to activity with minimal ties to the U.S., and U.S. courts have in many cases embraced the DOJ's ...
José E. Arvelo Named to Latinvex's Rising Legal Stars
November 20, 2020
NEW YORK—Latinvex has named special counsel José E. Arvelo to its 2020 Rising Legal Stars in Latin America, a list of 25 rising stars at international law firms doing business in the region. Mr. Arvelo specializes in cross-border disputes and has extensive experience representing clients in high-stakes international arbitrations, transnational litigation, and ...
The American Lawyer Names Covington California Litigation Department of the Year Finalist
November 18, 2020
LOS ANGELES— The American Lawyer has shortlisted Covington as one of four finalists for California Litigation Department of the Year. The American Lawyer previously named Covington its California Litigation Department of the Year in 2018. The award recognizes the law firm whose California litigators have delivered outstanding service—and wins—for their clients ...
Money Laundering Will Not Take You As Far As Prison
November 17, 2020, Vixio
Ian Hargreaves spoke with Vixio about the penalties around anti-money laundering violations. Mr. Hargreaves says, “AML offences generally do not result in custodial sentences. Instead, there is a focus on deterrence.” He argues the four-year maximum sentence for AML offences demonstrates that the EU is looking to ramp up the deterrent effect and the ...
Court Strikes Down Limitations on DACA Program
November 16, 2020, SHRM
Jeffrey Davidson spoke with SHRM about the U.S. Supreme Court’s ruling that the DACA program should not have been overturned. Mr. Davidson says the opinion left open the possibility that the administration could issue a new rescission of DACA if it considered factors that it ignored the first time.
November 16, 2020, Bloomberg Law
Karen Solomon is quoted in Bloomberg Law regarding FDIC Chair Jelena McWilliams's final potential acts as part of the Trump administration as it relates to "valid when made" and "true lender" rules. According to Ms. Solomon, McWilliams and the administration would also have to weigh the potential impact of lawsuits challenging both the FDIC's and OCC's "valid ...
November 12, 2020, Covington Alert
Even as state and local officials continue to tally votes, the overall results of the 2020 elections are now largely clear, with a Democratic administration, Democratic control of the House, and a closely divided Senate. In this client alert, we assess the likely impact of those results on the investigative agendas of key House and Senate committees, while ...
Insurer Can't Cap Coverage In $85M Tornado Suit
November 10, 2020, Law360
Law360 mentioned Covington’s representation of Pilkington North America Inc. in its insurance suit claim for tornado damage to its Illinois facility. Jad Khazem was a member of the Covington team and argued a successful motion to dismiss insurer counterclaims.
November 6, 2020
PALO ALTO/SAN FRANCISCO —The Daily Journal has named Suzanne Bell and Sonya Winner to its 2020 “Top Women Lawyers,” a recognition of the top women lawyers in California. Ms. Bell co-chairs the firm’s Technology & IP Transactions Practice Group. She is widely recognized as a pioneer in the field of technology transactions and was one of the first lawyers to ...
Three Covington Partners Named Law360 MVPs
November 2, 2020
WASHINGTON—Law360 has named three Covington lawyers as MVPs. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Jay Carey was recognized for helping data services giant Optum successfully ...
November 2, 2020
WASHINGTON—The National Law Journal named Covington to its 2020 “Appellate Hot List.” Lawyers and law firms featured in the annual special report were recognized for winning “high-profile and high-stakes wins in the nation’s highest appellate courts across a number of practice areas—from Constitutional rights to immigration law to pharmaceutical and intellectual ...
November 1, 2020, CoinTelegraph
Arlo Devlin-Brown is quoted in CoinTelegraph regarding the DOJ’s crackdown on cryptocurrency enforcement. Mr. Devlin-Brown says, “I suspect that this task force, like other DOJ task forces, is seeking to complete outstanding reports prior to a potential change of administration in January. That said, I don’t think this issue is particularly relevant to electoral ...
October 30, 2020
WASHINGTON—Covington represented GovernmentCIO, LLC, a leading provider of high-end technology and digital solutions to the Federal Health IT Services market, in its sale to Welsh, Carson, Anderson & Stowe. GovCIO is a rapidly growing provider of advanced technology solutions and digital services to the federal government. In the 10 years since its founding, ...
October 29, 2020, Covington Alert
This month, the UK Supreme Court issued a decision of fundamental importance to the field of international arbitration, undertaking to answer a simple, but timelessly vexing, question: what law governs the validity and scope of an arbitration agreement, where the law that governs the parties’ contract differs from the law of the seat of arbitration? Is it the ...
October 29, 2020, Covington Alert
Stability in the Democratic House means more investigations. It appears likely that the Democratic majority will retain control of the House of Representatives. The election stability in the House will translate into few, if any, changes in the leadership of the key committees most consistently involved in congressional investigations. Moreover, the rules ...
October 28, 2020, Covington Alert
In this alert, we review a welcome English High Court decision, which confirms that legal advice privilege extends to communications with foreign lawyers who provide legal advice in their capacity as in-house counsel.
October 26, 2020, Covington Alert
Recent press coverage reports that 2020 has seen a significant drop-off in enforcement activity by the UK’s financial services regulator, the Financial Conduct Authority (the “FCA”) with new enforcement cases against companies down 76 percent and a number of open cases now closed. However, this will likely be a temporary shift only as the FCA pivots to meet the ...
October 23, 2020
WASHINGTON—Global Investigations Review has ranked Covington among its top five in its annual GIR 30, a list of the leading global firms best suited to handle sophisticated cross-border government-led and internal investigations. GIR noted that Covington has “won praise from multinational clients for its ability to handle a wide variety of white-collar matters ...
October 22, 2020, Covington Alert
Whether or not a deal is reached with the EU prior to the end of the Brexit transition period on 31 December 2020, the period leading up to 2021 and for some time afterwards is likely to be an uncertain time for many businesses in the UK and beyond. In particular, the commercial effects of Brexit may cause a previously favourable contract to become a bad ...
CFPB Enforcement Sees Highest New Case Volume In 5 Years
October 14, 2020, Law360
Eric Mogilnicki is quoted in Law360 regarding the rising number of CFPB enforcement cases in the last five years. Mr. Mogilnicki says, “I think it's a coincidence. These cases take time to germinate, and the bureau has been working on the assumption that Seila Law wouldn't disrupt its enforcement activities. I can't imagine they were holding back waiting for ...
October 9, 2020, Covington Alert
Last week, the SEC announced settled enforcement actions against two public companies and two former senior executives based on small allegedly improper quarterly accounting adjustments that cumulatively overstated the companies’ reported earnings per share (EPS) by as little as one penny. These actions arise from the agency’s ongoing EPS initiative, which ...
October 7, 2020
PALO ALTO—Daily Journal has named Kurt Calia to its 2020 Top Trade Secrets Lawyers, a recognition of the leading California lawyers who specialize in trade secrets law. Mr. Calia is a partner in Covington’s Palo Alto office and has been a trial lawyer at the firm for more than 25 years, where he focuses on complex civil litigation, with a particular emphasis on ...
October 6, 2020, Covington Alert
Covington's Class Action Litigation Group has assembled an update that highlights and discusses several notable developments in the third quarter of 2020 affecting class actions.
October 5, 2020, Reuters
Dustin Cho and Neema Sahni spoke with Reuters about the role lawyers have played in guiding professional sports leagues through COVID-19. Mr. Cho says on the insurance front, event cancellation coverage has been a hot issue. He notes that both Wimbledon and the British Open tennis tournaments succeeded in getting coverage from their insurers under their event ...
Gerald Masoudi Rejoins Covington
October 1, 2020
WASHINGTON—Gerald Masoudi, former General Counsel of Celgene Corporation and then JUUL Labs, has rejoined Covington’s Food, Drug, and Device Practice Group in Washington as a partner. Mr. Masoudi has more than 25 years of broad experience in the life sciences industry. He served as Chief Counsel of the U.S. Food and Drug Administration from 2007 to 2009. He ...
September 29, 2020, Covington Alert
How is Brexit likely to affect litigators in Europe after the end of the transition period on 31 December 2020, if no deal is agreed between the UK and the EU to cover their future relationship? In this alert, we consider the “run-off” period created by the Withdrawal Agreement, what is left thereafter, and the implications for drafting choice of law and ...
September 29, 2020, Covington Alert
Last week, a divided Securities and Exchange Commission amended its whistleblower rules, hailing the changes as adding “clarity, efficiency and transparency to its successful whistleblower program.” Although the agency made a large number of changes to the program, the amendments should not have a significant overall effect on SEC whistleblower activity, which ...
September 25, 2020
WASHINGTON—Covington represented leading defense contractor Amentum on government contracts and other regulatory matters in its just-announced deal to acquire DynCorp International, a worldwide leader in aviation and logistics support service. Together, the two companies will create one of the largest providers of mission critical support services. The ...
September 17, 2020, Law360
Holly Fechner spoke with Law360 about a coalition of groups tackling the lack of diversity in patenting. Ms. Fechner told Law360 that a key initiative of the group is advocating for the U.S. Patent and Trademark Office to collect demographic data on inventors through support of the bipartisan Inventor Diversity for Economic Advancement Act, which was introduced ...
September 14, 2020, Covington Alert
The English High Court has recently awarded damages in a data privacy case, with two features of particular interest1. First, the nature of the claim is more reminiscent of a claim in defamation than for data privacy breaches, which is a development in the use of data protection legislation. Secondly, the damages awarded (perhaps influenced by the nature of the ...
September 12, 2020, Berlingske
Amanda Kramer spoke with Berlingske about the difficulties some employees have when reporting sexual harassment in the work place. Ms. Kramer says, “It is often unrealistic for women to approach a manager who has hired the person who is committing the sexual harassment and may even have a friendly relationship with him or her. “ Ms. Kramer, who has extensive ...
Navigating Cross-Border ABC Landmines: Subsidiary, Board and Employee Misconduct
September 9, 2020
Covington partner and chair of the Africa Anti-Corruption Practice, Ben Haley participated in an interactive webinar on “Navigating Cross-Border ABC Landmines: Subsidiary, Board and Employee Misconduct” hosted by the Udo Udoma & Belo-Osagie firm's Investigations, Compliance and Ethics (ICE) team. To access the recording, please click here.
September 4, 2020, Covington Alert
It has been over twenty years since the OECD Anti-Bribery Convention came into force, over a decade since the enactment of the UK Bribery Act, and over three years since the passage of France’s Sapin II law. Alongside those ground-breaking developments have come a host of other measures across the Europe, Middle East, and Africa (“EMEA”) region to strengthen ...
August 27, 2020, ABA’s Coverage Journal
August 20, 2020, Law360
Law360 covered Covington’s representation of Uber in a case involving the company's Buenos Aires launch before the U.S. District Court for the Northern District of California. Clara Shin, Lindsey Barnhart, Jeffrey Davidson, and Amy Heath provided counsel to Uber.
August 18, 2020, Covington Alert
On Friday 14 August, the Court of Appeal handed down judgment in the FX dispute CFH Clearing Limited v Merrill Lynch International [2020] EWCA Civ 1064. This appellate success, coming one year after Merrill Lynch obtained summary judgment at first instance against all CFH Clearing’s claims, was a comprehensive victory for the clear wording of standard ISDA ...
August 12, 2020, Covington Alert
In recent weeks, the English High Court has conducted a trial in an unprecedented test case that the UK Financial Conduct Authority (the “FCA”) commenced to resolve legal issues concerning the interpretation of common business interruption (“BI”) policy wordings (the “FCA Action”). The judgment in the FCA Action is likely to address issues that will be among the ...
Rising Star: Covington's Jennifer Saperstein
August 7, 2020, Law360
Jennifer Saperstein has been named a Law360 Rising Star in Compliance.
August 6, 2020, Global Investigations Review
Benjamin Haley and Ahmed Mokdad are quoted in Global Investigations Review regarding a change to South Africa’s evidence-sharing rule to aid corruption investigations. Mr. Haley says a defendant in a criminal case could potentially raise due process concerns about how the commission had obtained its evidence. Mr. Mokdad adds that a rule change also allows ...
Why an OCC payments charter may not become reality
August 5, 2020, American Banker
Karen Solomon is quoted in the American Banker regarding the Office of the Comptroller of the Currency’s new charter license for payments companies. Ms. Solomon says, “Whether a payments charter would be less likely to attract a lawsuit depends, at least in part, on the legal theory that the OCC uses to support it. If the theory underlying the payments charter ...
August 3, 2020
WASHINGTON —The National Law Journal has named Covington partner David Zionts a “DC Rising Star,” recognizing him as one of the “region’s 40 most promising lawyers age 40 and under.” In his profile, Mr. Zionts described his biggest win from his career, saying, “I’m proud of many victories in my appellate practice, but the win that stands out the most came at the ...
Tears in the fabric
August 3, 2020, The Law Society Gazette
Ian Hargreaves spoke with The Law Society Gazette about the increase of internal investigations through the COVID-19 pandemic. Mr. Hargreaves says “If you want to retain privilege over a document mark it ‘Privileged and Confidential’. It may not ultimately be treated by a court of law as such, but it will help to carve out what the team regard as covered by ...
July-August 2020, Intellectual Property & Technology Law Journal
July 31, 2020, Covington Alert
The High Court of Justice, Business and Property Courts of England & Wales, Queen’s Bench Division (the Commercial Court) has ruled on the status of “illustrations” and “worked examples” in the context of general contractual interpretation.
July 21, 2020, Law360
Anne Termine is quoted in Law360 regarding the impact that the Dodd-Frank Act has had on the opaque swaps market. Ms. Termine says, “The No. 1 goal is transparency of an opaque market. I think that has been a success. The problem is: Has it created almost too strict of a structure?”
July 21, 2020, Covington Alert
On July 17, 2020, Commonwealth Edison Company (“ComEd”), an Illinois utility company, entered into a deferred prosecution agreement (the “DPA”) with the U.S. Department of Justice (“DOJ” or the “Department”) to resolve allegations of bribery under 18 U.S.C. § 666, which prohibits theft or bribery concerning programs receiving federal funds. Aside from the ...
OCC Proposes Rule To Settle 'True Lender' Question
July 20, 2020, Law360
Karen Solomon is quoted in Law360 regarding the Office of the Comptroller of the Currency’s proposed rule to clarify the “true lender” question. Ms. Solomon says, “The OCC's proposal is a clear and very straightforward way of resolving the true lender issue.” She adds the OCC makes clear in its notice that if a bank is designated the loan originator, it will ...
July 20, 2020, Law360
Dan Shallman spoke with Law360 about a bribery settlement, which may target Illinois House Speaker Michael Madigan. Mr. Shallman says Friday's filings left open some “tantalizing questions” about where the federal investigation is going for Madigan and others. He adds, “It looks bad, no question about it.” But, he says it's clear the government's investigation ...
And the LOTW Runners Up Are...
July 17, 2020, AmLaw Litigation Daily
AmLaw Litigation Daily named Craig Pollack, Greg Lascelles, Eddy Eccles, Jonathan Heath, Charlotte Raynor, and Alex Gudko as runners-up for "Litigator of the Week" for their comprehensive defense win in a multi-billion dollar dispute in the English Commercial Court between two Ukrainian businessmen and the firm’s client, Mr. Oleg Mkrtchan and his related ...
July 16, 2020
BRUSSELS-- Today, the European Court of Justice (“CJEU”) issued a landmark decision striking down the EU-U.S. Privacy Shield — an agreement between EU and U.S. authorities authorizing transfers of EU personal data to the United States — but upholding the validity of standard contractual clauses (“SCCs”), another mechanism that EU-based organizations use to ...
Catching Up With Covington's James Garland on COVID-19 Work and Crisis Response in the Trump Era
July 15, 2020, The National Law Journal
The National Law Journal interviewed James Garland about his experience working from home and the recent actions of the DOJ. Now that it has been four months since offices in D.C. largely closed down and he has been working from home, Mr. Garland says, “Fortunately, our practices have remained busy, even into the pandemic. So we’ve got a lot of matters still ...
July 14, 2020
LONDON—Covington secured a comprehensive defense win in a multi-billion dollar dispute in the English Commercial Court between two Ukrainian businessmen and the firm’s client, Mr. Oleg Mkrtchan and his related corporate entities. Valued at $2 billion, the complex proceedings involved wide ranging accusations of fraud made by Mr. Vitaliy Gaiduk and Mr. Sergei ...
July 14, 2020
LOS ANGELES—Variety has named Covington partners Matthew DelNero, Mitch Kamin, Robyn Polashuk, and Neema Sahni to its 2020 Legal Impact Report. Variety notes that “these legal eagles made massive deals and litigated thorny disputes for entertainment industry clients, studios and networks.” In its feature, Variety notes Covington as a “go-to for TV programmers,” ...
July 14, 2020, The Lawyer
Craig Pollack is quoted in The Lawyer regarding Covington’s recent comprehensive defense win in a multi-billion dollar dispute in the English Commercial Court between two Ukrainian businessmen and the firm’s client, Mr. Oleg Mkrtchan and his related corporate entities. Mr. Pollack says, “The Mkrtchan Parties are delighted that the judge found in their favour on ...
July 14, 2020, Bloomberg Law
Holly Fechner spoke with Bloomberg Law about the U.S. Patent and Trademark Office’s goal of boosting the percentage of Black patent owners. Ms. Fechner says, “I think we have this vision of inventors as this person alone in a garage but really invention and patenting is a team sport.”
Two Covington Partners Named to Los Angeles Business Journal's Leaders of Influence: Litigators & Trial Lawyers
July 13, 2020
LOS ANGELES—Los Angeles Business Journal has named Mitch Kamin and Ashley Simonsen to its Leaders of Influence: Litigators & Trial Lawyers, a list of the “best litigators” in Los Angeles. Mr. Kamin, co-chair of the firm's Commercial Litigation Practice Group, represents global media, entertainment, and other large companies in complex disputes. He focuses on ...
Rising Star: Covington's Dustin Cho
July 13, 2020, Law360
Dustin Cho has been named a Law360 Rising Star in Insurance.
July 8, 2020, The Wall Street Journal
Jennifer Saperstein is quoted in The Wall Street Journal regarding the second edition of the guide to the U.S. Foreign Corrupt Practices Act. The guide warns companies that their internal accounting controls must take into account operational realities. Ms. Saperstein says the additional language appears to signal that the SEC will continue taking an expansive ...
SCOTUS Upholds TCPA; Questions on What's a Robocall
July 7, 2020, Communications Daily
Kevin King is quoted in Communications Daily regarding the Supreme Court case Barr v. American Association of Political Consultants, which determined the constitutionality of the Telephone Consumer Protection Act. Mr. King says, “The Court's severability ruling means that the case likely will have limited practical significance for regulated parties. Although ...
July 7, 2020, Covington Alert
There were several notable developments in the second quarter of 2020 affecting class actions. The Judicial Panel of Multidistrict Litigation will hold a hearing at the end of July on several requests to consolidate lawsuits related to the COVID-19 pandemic on an industry-wide basis. Courts issued important decisions addressing Article III standing and the ...
July 6, 2020
WASHINGTON— Law360 has named Covington partners Sean Akins, Dustin Cho, Adrian Perry, Jennifer Saperstein, Kayleigh Scalzo, Ashley Simonsen, and William Woolston among its “Rising Stars.” Covington’s seven “Rising Stars” were the most of any firm this year. This annual recognition honors top lawyers under 40 “whose legal accomplishments transcend their age.” ...
July 6, 2020, Law360
Eric Mogilnicki is quoted in Law360 regarding the Supreme Court's decision settling the long-standing debate around the constitutionality of the Consumer Financial Protection Bureau. Mr. Mogilnicki says the move to remand the case nevertheless "suggests that ratification is a live legal issue.” He adds, “Although the court doesn't quite say that ratification is ...
July 6, 2020, Law360
Charlotte Raynor spoke with Law360 about the potential licensing regime for litigation funders in the UK. Ms. Raynor says, “If a funder is a member of the ALF, then they're hallmarked as being a 'good player' in the marketplace.” However, she points to growing concerns about how litigation funders run their business, including the sources of their funds. “How ...
July 6, 2020, Covington Alert
On July 3, 2020, the U.S. Department of Justice’s (“DOJ” or the “Department”) Criminal Division and the U.S. Securities and Exchange Commission’s (“SEC”) Enforcement Division quietly released A Resource Guide to the U.S. Foreign Corrupt Practices Act, Second Edition (the “Second Edition”). The first edition of the Resource Guide (the “First Edition”) was ...
July 6, 2020, Covington Advisory
The False Claims Act (FCA) only imposes liability on those who “knowingly” cause the submission of false claims. 31 U.S.C. § 3729. “Knowingly” is defined as having “actual knowledge,” acting “in deliberate ignorance of the truth or falsity of the information,” or, at minimum, acting “in reckless disregard of the truth or falsity of the information.” To establish ...
IPM's podcast: episode one – analysing Arthrex
July 3, 2020, Intellectual Property Magazine
Beth Brinkmann appeared on Intellectual Property Magazine’s podcast to discuss the U.S. Court of Appeals for the Federal Circuit’s ruling in Arthrex v. Smith & Nephew. The court determined that the appointment of administrative patent judges by the Secretary of Commerce was unconstitutional.
July 3, 2020, Bloomberg Law
Jeffrey Davidson spoke with Bloomberg Law about his experience representing the University of California and its president pro bono in an effort to protect DACA. Mr. Davidson says the decision ensures nearly “700,000 people get to continue their lives without worrying about being thrown out of their jobs or arrested and deported.” He adds that the case had ...
July 2, 2020, Global Investigations Review
Robert Henrici is quoted in Global Investigations Review regarding Wirecard’s €2 billion accounting scandal. Mr. Henrici says ultimately, it is too early to assign responsibility to any particular party for the Wirecard scandal and warned against knee-jerk reforms. “We don’t know what BaFin did to investigate [Wirecard] and it’s clear now that criminal conduct ...
June 30, 2020, Bloomberg Law
Eric Mogilnicki spoke with Bloomberg Law about the Supreme Court’s case considering the constitutionality of the Consumer Financial Protection Bureau, which has led to an examination of its past actions. Mr. Mogilnicki says the Supreme Court may have “opened Pandora’s box” that could allow companies to nullify enforcement actions and even regulations from when ...
June 27, 2020
WASHINGTON—Covington represented Piramal Enterprises Limited (PEL) in the sale of a 20% stake in Piramal Pharma Limited (Piramal Pharma), a wholly owned subsidiary of PEL that will contain its pharmaceutical businesses, to CA Clover Intermediate II Investments, an affiliated entity of CAP V Mauritius Limited, an investment fund managed and advised by affiliated ...
June 25, 2020, Covington Alert
The German Federal Government has adopted the draft of a German Associations Sanctions Act ("VerSanG-E") which now bears the name "Law to strengthen integrity in business". The Federal Government has thus adopted the draft bill of 22 April 2020 proposed by the German Federal Ministry of Justice and Consumer Protection (BMJV) without any changes. Parliament ...
June 24, 2020
LOS ANGELES—Daily Journal has named Anita Stork to its 2020 Top Antitrust Lawyers, a recognition of the leading California lawyers who specialize in antitrust litigation. Ms. Stork is a partner in our San Francisco office and the co-chair of the firm's Antitrust Litigation Practice Group. She is an experienced, nationally recognized litigator who has ...
June 24, 2020, Covington Alert
On June 22, 2020, in Liu v. SEC, the U.S. Supreme Court, by an 8-1 majority, upheld the SEC’s decades-old practice of seeking disgorgement of ill-gotten gains from securities law violators in civil enforcement actions filed in federal district court. The SEC’s victory, however, was tempered by the Court’s insistence that disgorgement must be strictly limited to ...
Justices' Liu Ruling Creates More Questions Than Answers
June 23, 2020, Law360
Gerald Hodgkins is quoted in Law360 regarding the U.S. Supreme Court’s opinion in Liu v. SEC, which determined that the SEC can obtain disgorgement through enforcement actions in district courts as a form of equitable relief. Mr. Hodgkins says the regulator's current practice of seeking a tippee's profits from a tipper in insider trading cases likely won't fly ...
June 2020, Global Investigations Review
June 20, 2020, The Economist
Eric Carlson spoke with The Economist about the legal implications of the widespread use of company chops in China. On the potential for disputes involving company chops in China, Mr. Carlson says, “managers sometimes misuse seals to enter side contracts. Lawsuits to reclaim a chop can drag on, so many cases are resolved out of court. But technology is catching ...
Supreme Court Preserves DACA
June 18, 2020
WASHINGTON—The Supreme Court of the United States, in a 5-4 ruling, struck down the Trump Administration’s attempt to rescind the Deferred Action for Childhood Arrivals (DACA) program, which provides individuals who were brought to the U.S. as children the opportunity to live and work legally in United States. Covington has represented the University of ...
June 12, 2020, Covington Advisory
Next week marks the four-year anniversary of the Supreme Court’s landmark False Claims Act (“FCA”) decision in Universal Health Services, Inc. v. Escobar, 136 S. Ct. 1989 (2016). In Escobar, the Court set a high bar for demonstrating the materiality of an alleged violation to the Government’s payment decision, declaring that “if the Government regularly pays a ...
June 8, 2020, Covington Alert
On 19 May 2020, easyJet announced that personal data of approximately 9 million customers worldwide had been unlawfully accessed by third parties in a “highly sophisticated cyber-attack”. Data stolen by the cyber-attackers includes credit card details of 2,000 of the affected customers and, for most other customers, travel details such as departure and arrival ...
Lawyers encouraged by CFTC vow to avoid piling on
May 27, 2020, Global Investigations Review
Anne Termine spoke with Global Investigations Review about the U.S. Commodities and Futures Trading Commission’s vow to recognize punishments issued by other agencies when calculating its own civil penalties. Ms. Termine says the new guidance lacked information about the technical aspect of penalty calculations, such as how investigators decide how many separate ...
May 21, 2020, Covington Alert
Slack-fill class actions have been proliferating. The vagaries of the definition of “nonfunctional slack fill” have made food, candy, and cosmetics manufacturers easy prey. But after the Second Circuit’s May 11 decision in Critcher v. L’Oréal USA Inc., slack-fill claims against cosmetics manufacturers will be harder to bring. Courts are now more likely to find ...
May 20, 2020, Covington Alert
In the context of the coronavirus pandemic, there have been significant recent developments in Germany with respect to business interruption insurance and short-time working compensation.
May 19, 2020, Law.com
Daniel Suleiman spoke with Law.com about the U.S. Treasury Secretary’s warning to companies improperly tapping into pandemic relief loans meant for struggling small businesses. Mr. Suleiman says, “There is a lot of public scrutiny on this program right now, in particular on public companies and others who accepted these loans. And that can sometimes drive ...
Updated July 2019, Covington Guide
In 1938, Congress enacted the Foreign Agents Registration Act ("FARA"), requiring "foreign agents" to register with the Attorney General. As amended over the years, it applies broadly to anyone who acts on behalf of a "foreign principal" to, among other things, influence U.S. policy or public opinion. Until recently, it was a backwater of American law—and a ...
May 18, 2020, Law360
Law360 interviewed Louise Freeman about her role as co-chair of the firm’s commercial disputes practice, and her involvement in the firm's women's networks and diversity initiatives.. She discussed her thoughts about leadership, boosting diversity efforts, and how the firm is navigating COVID-19.
Companies Face Fraught Choice On PPP Return Deadline
May 18, 2020, Law360
Daniel Suleiman and Amanda Kramer spoke with Law360 about the safe harbor deadline established by the Small Business Administration for companies that may have improperly taken out loans through the Paycheck Protection Program. According to Mr. Suleiman, since SBA’s announcement that companies with substantial market value will not meet the required ...
May 17, 2020, Kyiv Post
May 13, 2020, The National Law Journal
Beth Brinkmann spoke with The National Law Journal about the historic U.S. Supreme Court teleconference arguments during the COVID-19 pandemic. Ms. Brinkmann says, “The participation by Justice Thomas is a real benefit of the phone format. His questions to the advocates allow them the opportunity to address his concerns. It also means that the conversation can ...
May 11, 2020, The Wall Street Journal
Lindsay Burke is quoted in The Wall Street Journal regarding the actions employers can take when asking employees to return to work during the COVID-19 pandemic. When addressing the concerns of an employee who is nervous to commute to work, Ms. Burke says, “If you are able to work from home, ask to do so. If you are considered a vulnerable individual or have an ...
May 6, 2020, Covington Alert
This article discusses a recent case before the English High Court (AA v Persons Unknown [2019] EWHC 3556 (Comm)) where a claimant successfully obtained an injunction in respect of Bitcoins transferred following a ransomware attack (which were ultimately traced to a wallet held at a crypto currency exchange). The case drew attention to the difficult situations ...
As US Reopens, Businesses Want Protections From Lawsuits
May 5, 2020, Agence France-Presse
Lindsay Burke spoke with Agence France-Presse about the lawsuits U.S. businesses may face from employees who contract COVID-19 while at work. Ms. Burke says companies should follow government guidelines to protect themselves legally as they bring employees back into the workplace. “We are generally advising employers to resume on-site operations in a voluntary ...
May 4, 2020
WASHINGTON—For the third consecutive year, The National Law Journal has named Covington to its “Pro Bono Hot List.” The law firms appearing on the 2020 Pro Bono Hot List were recognized for taking on “some of the biggest issues of our time.” In its profile of the firm, The National Law Journal highlights Covington’s Pro Bono efforts in two significant matters. ...
May 4, 2020, Covington Alert
In recent weeks, plaintiffs’ law firms that do not specialize in insurance coverage have filed requests to consolidate coronavirus-related insurance lawsuits into a single, federal multi-district litigation (MDL) proceeding, or into state or federal court class actions. The premise of these efforts is that coronavirus-related property and business interruption ...
May 2020, Covington Alert
On April 13, 2020, China’s National Healthcare Security Administration (“NHSA”) released a draft opinion titled “Guiding Opinions on Establishment of a Drug Pricing and Procurement Creditworthiness System (the “Draft Opinion”; Covington’s translation is available here) setting forth proposed requirements for a creditworthiness evaluation and disciplinary system ...
April 30, 2020, Covington Alert
April 30, 2020, Covington Alert
Recent developments have clarified the previously uncertain status of cryptocurrencies under English law. Two key court decisions and guidance released by the UK Jurisdiction Taskforce (UKJT) have determined that cryptocurrencies can be treated as property. This will have an impact on many areas of legal practice, as well as on clients working with ...
April 29, 2020, The Wall Street Journal
Benedict Lenhart spoke with The Wall Street Journal about the lawsuits filed by policyholders suing their property insurers to pay coronavirus-related claims. Mr. Lenhart says with the mounting litigation, “it could be the battle of epidemiologists” over the presence of COVID-19, including contamination on surfaces and the duration of the contamination.
30 de abril de 2020, Covington Alert
CRRC/Vossloh cleared in Germany
April 27, 2020, Global Competition Review
Peter Camesasca is quoted in Global Competition Review regarding a controversial deal, which was approved by Germany’s Federal Cartel Office, between a pair of locomotive manufacturers. Mr. Camesasca says the case will prove to be a “relevant precedent” because the FCO “came out purely on competition grounds.” Despite heightened awareness regarding foreign ...
April 27, 2020, Covington Alert
Companies should ask themselves five key questions about their compliance programs to ensure they are ready to face any crises—including the coronavirus pandemic—and be ready for current and future business disruptions.
April 25, 2020, Law360
Ian Hargreaves spoke with Law360 about an increase in market manipulation cases amid the COVID-19 pandemic. Mr. Hargreaves says, “The FCA will be looking very closely at markets and insider dealing to see if there are any trends and fluctuations that are unexplained. We will only see the outcome of that in several months or even several years' time.” He adds, ...
April 24, 2020, Law360
Ronald Dove spoke with Law360 about the potential increase in trademark litigation cases following a U.S. Supreme Court ruling. Mr. Dove says, “An accidental infringement by a small mom-and-pop business is not likely to lead to an award of profits and financial ruin. But a willful or reckless disregard of preexisting trademark rights will now more readily be ...
Mark Finucane Named to GIR 40 Under 40
April 23, 2020
LONDON—Global Investigations Review has named Mark Finucane to its third “40 Under 40” list, profiling 40 leading investigations specialists from around the world. Honorees were selected on a range of factors including their experience, third-party references, and the jurisdictions where they work. Mr. Finucane’s practice focuses on representing institutions and ...
April 23, 2020, Financial Times
Lindsay Burke and Carolyn Rashby spoke with the Financial Times about the request from U.S. businesses that seek a shield from litigation if they expose employees to COVID-19 after calling them back to work. Both Ms. Rashby and Ms. Burke note that the firm’s employment practice has been flooded with questions about how employers could minimize their legal risks ...
April 23, 2020, Bloomberg Law
Thomas Brugato spoke with Bloomberg Law about the EPA’s warning to e-commerce platforms that they were being used to sell disinfectants that fraudulently claim to fight the coronavirus. Mr. Brugato says, “It’s been the case for some time that online sellers of pesticides are responsible for insuring compliance with the Federal Insecticide, Fungicide, and ...
Blind trusts, inside information and the ‘mosaic theory’: Why charging members of Congress with insider trading is so fraught
April 23, 2020, Fortune
Robert Kelner spoke with Fortune about the recent allegations of politicians committing insider trading and the implications under the STOCK Act. Mr. Kelner says, “Prior to the STOCK Act, it was a source of controversy whether the existing securities laws applied to members of Congress.” He points to “carve-outs” in Section 10 of the STOCK Act that, while not ...
April 22, 2020, Law360
Lindsay Burke and Carolyn Rashby are quoted in Law360 regarding legal dangers and logistical challenges associated with reopening businesses in the U.S. Ms. Burke says, “We're in a lot of new territory here. I don't think any employers in modern history have had to return to operations in the middle of a global health crisis. And so we're really trying to ...
April 21, 2020, Bloomberg Law
Lindsay Burke and Carolyn Rashby spoke with Bloomberg Law about the uphill battle employees who contract COVID-19 on the job may face if they choose to sue their employer. Ms. Burke says, “We’re in territory we haven’t seen before. We are looking at a whole lot of different legal risks and issues. It’s not clear how they will play out. Traditionally an illness ...
COVID-19 Slows Pace Of Existing UK Investigations
April 17, 2020, Law360
Ian Hargreaves spoke with Law360 about the delay of investigations by UK enforcement agencies due to the coronavirus pandemic. According to Mr. Hargreaves, interviews with individuals connected to active FCA investigations “seem to have slowed down significantly” since social distancing and lockdown measures have been introduced. “On one matter we had ...
April 16, 2020, Global Investigations Review
Ian Hargreaves is quoted in Global Investigations Review regarding the high court’s recent dismissal of three unexplained wealth orders (UWOs) obtained by the National Crime Agency. Mr. Hargreaves says the verdict showed that UK courts are not prepared to approve UWOs without scrupulously checking the facts underlying each application. He adds that while the ...
April 16, 2020, Financial Times
Ian Hargreaves spoke with the Financial Times about the risk of fraud when checking the identity of clients in remote locations. Mr. Hargreaves says overall the rush to do business during the pandemic was having a negative effect on independent data verification. “Businesses making snap decisions on very limited data and information is a real problem,” he adds.
April 16, 2020, Bloomberg Law
Banks Must Watch Out For Fraud Revelations Amid Pandemic
April 14, 2020, Law360
Amanda Kramer and Gerald Hodgkins were quoted in Law360 regarding the potential fraud schemes that may be exposed during the COVID-19 pandemic. Ms. Kramer says, “Ponzi schemes are often discovered when investors seek to redeem their investments and learn that the money's not there. As we saw in the wake of the 2008 financial crisis, a loss of confidence in the ...
April 13, 2020, Managing IP
In Managing IP, Gary Rubman offered litigation tips and advice to lawyers tasked with educating judges in patent cases in less patent-popular courts. Mr. Rubman says lawyers might have to take more time to go over certain technical issues with less experienced judges. He adds, “Sometimes you have to more fully explain concepts that might be better understood by ...
April 10, 2020, Covington Advisory
The Fourth Circuit recently rejected a trial court’s ruling that a contractor’s mandatory disclosure submission waived its attorney-client privilege over the underlying internal investigation. In re Fluor Intercontinental, Inc., No. 20-1241 (Mar. 25, 2020) (per curiam). The court granted Fluor’s mandamus petition and directed the district court to vacate its ...
April 9, 2020, Covington Alert
The COVID-19 crisis has led to a sharp rise in fraud and cybercrime in the UK. Although many of the scams we have seen so far have targeted individuals, there is a growing concern that fraudsters are setting their sights on businesses who may now be more vulnerable to fraudulent schemes as a result of the crisis. The UK government’s imposition of stringent ...
April 8, 2020, Global Investigations Review
Robert Henrici is quoted in Global Investigations Review regarding the German Federal Tax Office’s order to banks to repay the taxes that they allegedly evaded through cum-ex trades. Mr. Henrici says, “If a tax is demanded what does this mean for the option of disgorgement? These conversations will occupy courts for many more years.”
April 8, 2020, Covington Alert
As the world moves online during the COVID-19 pandemic, companies’ privacy and security practices are coming under increased scrutiny. Because class actions often follow such scrutiny, as demonstrated by lawsuits recently filed against Google and Zoom, companies should keep the following six developments on their radar as they rush to meet the demands of our new ...
California Supreme Court Decision Removes Significant Obstacle To Coverage For Long-Tail Claims
April 7, 2020, Covington Alert
On April 6, 2020, the California Supreme Court handed down a major victory for corporate policyholders facing liability for “long-tail” claims involving continuous or progressive injuries that span multiple insurance policy years, such as environmental, asbestos, construction defect, product liability, toxic tort, and sexual abuse cases. Montrose Chemical Corp. ...
Leading Trial Lawyer Joins Covington
April 6, 2020
WASHINGTON—Stacey Grigsby has joined Covington as a partner in its Commercial Litigation Practice in Washington. Ms. Grigsby is a stand-up trial lawyer who has drawn upon her experience in the private and public sector to get successful results for clients. She has served as a principal attorney in numerous bench and jury cases involving high stakes disputes in ...
April 6, 2020, Financial Times
Ben Lenhart is quoted in the Financial Times regarding the conflict between insurance companies and policyholders over losses caused by the COVID-19 pandemic. Mr. Lenhart says of the possible exceptions, “We do believe that there is coverage. We disagree strongly with the view that it is generally excluded."
Criminal Statutes of Limitations and Speedy Trial Act Considerations During the COVID-19 Pandemic
April 3, 2020, Covington Alert
COVID-19 (hereinafter, “the coronavirus”) is causing significant interruptions to the legal system across the United States, with implications for actual and potential subjects in government investigations and defendants in enforcement actions. This client advisory analyzes the pandemic’s potential effects on the default statute of limitations for federal crimes ...
Covington Advises Sitryx on Licensing and Research Collaboration for Immunometabolic Medicines
April 1, 2020
LONDON—Covington represented Sitryx on an exclusive global licensing and research collaboration with Eli Lilly and Company. The collaboration will study up to four novel preclinical targets identified by Sitryx that could lead to potential new medicines for autoimmune diseases. Under the terms of the agreement, Sitryx will receive an upfront payment of $50 ...
April 1, 2020, Bloomberg Law
Thomas Brugato is quoted in Bloomberg Law regarding the EPA’s increased enforcement measures against products making unproven antiviral or disinfectant claims in light of the coronavirus pandemic. Mr. Brugato says, “This is the tip of the iceberg. I think we’ll definitely see more cases like this.” He adds that given the clear public health implication of the ...
April 1, 2020, Risk Management
England & Wales
April 2020, International Comparative Legal Guide to: Enforcement of Foreign Judgments 2020
April 2020, International Comparative Legal Guide to: Enforcement of Foreign Judgments 2020
March 31, 2020
LONDON—James Marshall has joined Covington’s Competition Practice in London as a partner. Mr. Marshall advises on all aspects of competition law and sector regulation and regularly counsels clients on merger control, investigations, commercial deals, abuse of dominance, and compliance. He is recommended by Legal 500 in multiple categories and is recognized as a ...
March 31, 2020, Covington Alert
On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority ...
Covington Selected as Managing IP Award Winner
March 26, 2020
WASHINGTON—Managing IP recognized Covington with two “Impact Case of the Year” awards at its 2020 Americas Awards. The Managing IP awards program recognizes remarkable achievements and developments in the past 12 months. Managing IP recognized Covington for representing Return Mail, Inc. in its victory in the U.S. Supreme Court establishing that a federal agency ...
March 26, 2020, Covington Alert
When consumers use their credit cards to purchase goods or services that they never receive, the Fair Credit Billing Act gives consumers the right to dispute the charge directly with their credit card issuer. As merchants cancel orders and reservations in the wake of the Covid-19 crisis, creditors should prepare themselves for a dramatic increase in consumers ...
March 25, 2020
SAN FRANCISCO—The Daily Journal has named Covington partners Kurt Calia and Clara Shin to its 2020 list of the “Top Intellectual Property Lawyers” in California. Mr. Calia is a partner in our Palo Alto office who tries complex civil litigation and intellectual property matters in courts and tribunals throughout the country, and counsels clients in intellectual ...
March 25, 2020, Covington Alert
Piracy has long been a problem in America, although modern day pirates of intellectual property bear little resemblance to their old-school counterparts sailing along the Caribbean and the American coast. Yet in a ruling on Monday, March 23, the Supreme Court tied together the legacies of those two very different types of pirates: modern-day state governments ...
March 23, 2020
NEW YORK—The American Lawyer has named Covington lawyers Sergio Urías and Laura Torre as “Dealmakers of the Year.” The annual feature highlights “the most impressive and significant matters that deal lawyers worked on in 2019.” Shareholders of Covington’s client Prisma Medios de Pago, Argentina’s largest payment processing company, were mandated by the antitrust ...
March 13, 2020, The American Lawyer
Mitchell Dolin is quoted in The American Lawyer regarding the increased demand for legal advice pertaining to the insurance industry caused by coronavirus. Mr. Dolin says, “There’s been a combination of actual claim work as well as forward-looking advisory work into the nature of the insurance asset and how it might respond to various scenarios. But obviously, ...
March 12, 2020, Bloomberg
René Siemens spoke with Bloomberg about the increase in concert cancellations due to the coronavirus outbreak. He says artists, promoters and ticket sellers are still assessing the economic costs, including events that have only been postponed, and that cancellations have never happened on this scale before.
March/April 2020, Employee Benefit Plan Review
March 6, 2020, Covington Alert
Below are the selections of Covington’s Copyright Practice Group for the “Top Ten” most significant and interesting developments in U.S. and European copyright law during 2019. Copyrights registered when application granted, not when submitted “Full costs” in Copyright Act limited to costs specified in statute First Amendment challenge to DMCA ...
March 6, 2020, Covington Alert
Below are the selections of Covington’s Trademark Practice Group for the “Top Ten” most significant and interesting developments in U.S. trademark law during 2019. Supreme Court invalidates bar on registering “immoral” or “scandalous” trademarks Bankruptcy debtors cannot prevent valid licensees from using their trademarks, Supreme Court holds PTO ...
March 4, 2020, Covington Alert
The following alert is a summary of the district court’s acquittal of UK citizen Lawrence Hoskins, a former senior vice president at the French power and transportation company Alstom S.A. (“Alstom”), on FCPA bribery and conspiracy charges. Alstom pleaded guilty in 2014 to two counts of violating the FCPA in connection with a worldwide bribery scheme that ...
Daily Journal Selects Covington Defense of Dropbox Inc. as one of its 2019 Top Verdicts
March 3, 2020
SAN FRANCISCO—The Daily Journal has selected Covington's successful defense of Dropbox Inc., in Ironhawk Technologies v. Dropbox Inc., as one of its 2019 Top Verdicts, recognizing the largest and most significant verdicts in California in 2019. The Covington team led by Clara Shin and Jeff Davidson secured a significant victory on behalf of Dropbox in a ...
March 3, 2020, Covington Advisory
On February 27 and 28, 2020, Joseph H. (Jody) Hunt, Assistant Attorney General for DOJ’s Civil Division, and Michael Granston, Deputy Assistant Attorney General, Commercial Litigation Branch, spoke about False Claims Act (“FCA”) enforcement at the Federal Bar Association’s annual Qui Tam Conference in Washington, D.C. They highlighted FCA enforcement priorities ...
Covington Represents Ukraine in Securing Favorable Ruling Under U.N. Law of the Sea Convention
February 21, 2020
WASHINGTON—Covington secured a major ruling for Ukraine in an arbitration against the Russian Federation under the U.N. Convention on the Law of the Sea (UNCLOS). The ruling, issued today by a five-member arbitral tribunal, rejected the majority of Russia’s jurisdictional objections and permits Ukraine’s case to proceed to the merits. “The Tribunal’s ...
February 13, 2020, The Kojo Nnamdi Show
Ben Block and Samantha Clark were featured on The Kojo Nnamdi Show on WAMU-FM public radio in Washington, sharing their experience representing military families in a lawsuit against a privatized on-base housing company.
CFTC's Plan To End Position Limits Saga Faces Big Test
February 5, 2020, Law360
Anne Termine is quoted in Law360 regarding the U.S. Commodity Futures Trading Commission’s effort to impose position limits meant to curb speculators’ ability to distort prices. The new plan allows users to seek exemptions not set forth in the rule proposal by applying directly to their relevant exchanges. The CFTC would have 10 days to review that decision or ...
January 31, 2020
LOS ANGELES—The Los Angeles Business Journal recognized Neema Sahni in its 2020 list of the most influential minority lawyers in Los Angeles. The list recognizes lawyers who are particularly impactful, maintain the highest professional and ethical standards, and contribute to the Los Angeles business and legal community. In Ms. Sahni's profile, the Business ...
January 31, 2020, Covington Alert
This evening, at 11:00 p.m. GMT, the UK will leave the European Union. Brexit day marks a beginning, not an end. The UK today embarks on a complex process of negotiating new arrangements for trade and cooperation with the EU and partners around the world. Regulatory divergence seems inevitable, given that the UK will want to make its own decisions on existing ...
Preemption of state interest rate limitations: current challenges involving bank partnership models
January 2020, The Review of Banking & Financial Service
Ashley Simonsen published an article on the statutory and regulatory background of preemption and “true lender” challenges to bank partnership models in The Review of Banking & Financial Services. "In recent years, state regulators and private plaintiffs have sought to attack bank partnership models, including marketplace lending arrangements, by arguing that ...
January 30, 2020, Covington Alert
As it is now certain that the UK will leave the EU on Friday, 31 January 2020, on the terms of the Withdrawal Agreement, we take a closer look at what this will mean for commercial litigation, particularly during the transition period. In headline summary, civil judicial co-operation will remain largely unchanged during the transition period to the end of 2020. ...
January 30, 2020, Covington Alert
It has been another strong year in anti-corruption enforcement, with 2019 meeting or beating the high-water mark for enforcement across a number of measurements.
January 27, 2020
LOS ANGELES—Sports Business Journal has named Covington partner Neema Sahni to its 2020 40 Under 40 list. The honor recognizes 40 executives under the age of 40 who are excelling in their field of sports business and “represent fresh and innovative approaches across all sectors of the industry.” Ms. Sahni is a litigation partner with deep media industry ...
January 27, 2020, Bloomberg
IPM's Making Waves: Beth S Brinkmann
January 24, 2020, Intellectual Property Magazine
Beth Brinkmann was featured in Intellectual Property Magazine’s “Making Waves” to discuss her career as an intellectual property lawyer. Ms. Brinkmann told IPM that she entered intellectual property law because the practice was becoming more robust in the U.S. and financially significant to the tech and biotech industry. She later supervised the amicus briefs ...
CFPB Tightens Approach To Abusiveness With New Policy
January 24, 2020, Law360
Eric Mogilnicki is quoted in Law360 regarding the CFPB’s new policy of restraint in bringing enforcement actions against financial services providers for abusive acts and practices. Mr. Mogilnicki says, “It is a helpful guide for how the bureau will enforce the abusiveness prohibition. However, this guide is not rooted in the language of the statute, which means ...
Covington Named to GCR's Global Elite
January 23, 2020
WASHINGTON—Global Competition Review has once again named Covington to its 2019 "Global Elite," a list of the top 25 firms practicing competition law internationally, as well as including the firm in the list of top ten antitrust litigation practices globally. Now in its 20th year, GCR100 undertakes extensive analysis of antitrust and competition law groups in ...
January 17, 2020
WASHINGTON—Am Law Litigation Daily has named Covington partner Michael Imbroscio, co-chair of the firm’s Product Liability and Mass Tort practice, as a “Litigator of the Week.” Mr. Imbroscio led the defense of Eli Lilly and Company in litigation alleging that its medicine Cialis – as well as Pfizer’s medicine Viagra – could cause melanoma, convincing the trial ...
January 13, 2020
WASHINGTON—The American Lawyer has named Covington as its Product Liability Litigation Department of the Year for the second time. The firm was also recognized as a finalist for the White Collar Department of the Year and “honorable mention” for general Litigation Department of the Year. In its profile, The American Lawyer highlights Covington’s product ...
Covington Named a Law360 "Firm of the Year"
January 13, 2020
WASHINGTON—Law360 has named Covington one of its 2019 “Firms of the Year” for the second consecutive year based on the firm having received six Practice Group of the Year awards. The Covington practices named 2019 Practice Groups of the Year are: Competition/Antitrust Government Contracts International Arbitration Life Sciences Media & ...
January 8, 2020, Covington Alert
In United States v. Blaszczak,[i] a divided panel of the Second Circuit held that the federal wire fraud statute and a rarely used securities fraud statute criminalize insider trading beyond the reach of what is covered by the statute historically used to prosecute the offense. The decision may lead to an increase in insider trading prosecutions, including those ...
Health Care Cases To Watch In 2020
January 1, 2020, Law360
Anna Kraus spoke with Law360 about Texas v. U.S., a Republican-led challenge to the ACA's constitutionality. "Ultimately, the outcome of this case could affect almost everyone in the country.” She adds that the case is “by far the most important case to watch in 2020.”
January 1, 2020, Law360
Eric Mogilnicki is quoted in Law360 regarding the constitutionality of the Consumer Financial Protection Bureau (CFPB), in Seila Law v. CFPB, a case that will be heard before the Supreme Court in 2020. Mr. Mogilnicki says, “The irony is that Republican resistance to former CFPB Director Richard Cordray” — who was nominated by former President Barack Obama — ...
Fintech Litigation To Watch In 2020
January 1, 2020, Law360
Mike Nonaka is quoted in Law360 regarding the New York Department of Financial Services and the Conference of State Bank Supervisors’ fintech charter, which is being challenged for its validity in the Southern District of New York. Mr. Nonaka says, “The [fintech charter case] is important litigation, because many of the companies that could be interested in the ...
The Responsibility of Companies for the Actions of their Directors and Employees in English Law
2020, International Comparative Legal Guide to: Litigation & Dispute Resolution 2020
A Shared Purpose: Covington, Products Liability Litigation Department of the Year Winner
December 29, 2019, The American Lawyer
Top 7 Gov't Contracting Policy Changes In 2019
December 20, 2019, Law360
Fred Levy is quoted in Law360 regarding the formation of the Procurement Collusion Strike Force, a cooperative effort among the U.S. DOJ’s Antitrust Division, in an article highlighting the top government contracts policy changes in 2019. The strike force is indicative of a broader trend in government contracts over roughly the last year: the “criminalization of ...
Top 5 Gov't Contracts Cases Of 2019
December 19, 2019, Law360
Fred Levy spoke with Law360 about an FCA case involving a rocket and missile propulsion company misleading the U.S. DoD about its failure to safeguard "unclassified controlled technical information" from cybersecurity threats, in an article highlighting the top government contracts cases of 2019. Mr. Levy says the growing attention federal agencies are giving to ...
December 17, 2019, Covington Alert
On Friday, December 13, Principal Deputy Attorney General David Burns of the Justice Department’s (“DOJ’s” or “the Department’s”) National Security Division (“NSD”), announced a new DOJ policy for business organizations that voluntarily disclose potential criminal violations of the U.S. export controls and sanctions laws to NSD’s Counterintelligence and Export ...
December 13, 2019
Variety has named Robyn Polashuk to its 2019 Dealmakers Impact Report, recognizing people behind the biggest pacts in the world of showbiz. Ms. Polashuk co-chairs the firm's Communications and Media Industry Group, which provides the highest level of legal and strategic advice to telecommunications, media, and technology companies around the world. Her ...
Checks and Balances: Former AG Holder, Zynga GC Phillips Talk Collaboration in Diversity
December 13, 2019, The Recorder
Eric Holder spoke with The Recorder for a Q&A on diversity in big law and being a role model within the legal community with Phuong Phillips, Zynga chief legal officer. What is the status of diversity and inclusion in the legal industry? What can we do to improve that? “Our profession is not yet where it needs to be. Law firms are trying to do a better job, ...
December 13, 2019, New York Times
Ben Block is quoted in the New York Times regarding the firm’s representation of military families in their suit against Corvias, a company managing the privatized housing at the Fort Meade military base since 2002. Mr. Block says, “What they really want is to ensure that what they went through doesn’t happen to the next family, and the family after that. These ...
December 12, 2019, Covington Alert
On November 8, 2019, a federal jury convicted Lawrence Hoskins, the former senior vice president of Alstom, of violating the Foreign Corrupt Practices Act (“FCPA”) for his role in a multi-million dollar bribery and money laundering scheme in Indonesia.
December 9, 2019, Covington Alert
From December 9, 2019, the Senior Managers & Certification Regime (“SM&CR”) will apply to all FSMA-authorised firms in the UK. This extension of the SM&CR to an additional 47,000 firms is predicted to increase regulatory, investigative and enforcement focus on individuals, including by expanding the number of individuals targeted.
December 2019, Government Contracting Law Report
November 27, 2019, Bloomberg Law
Eric Mogilnicki spoke with Bloomberg Law about the Supreme Court’s scheduling of arguments in Seila Law LLC v. CFPB, a case which will determine the Consumer Financial Protection Bureau’s constitutionality. Mr. Mogilnicki commented on a potential CFPB challenge involving All American Check Cashing Inc., saying regardless of whether the Supreme Court takes All ...
Ameris Bank Scores Arbitration Win Over Ex-Exec's Ouster
November 25, 2019, Law360
Law360 covered Covington’s representation of Ameris Bank in an American Arbitration Association proceeding before Kenneth Menendez. Benjamin Razi, Michael Rosenthal, Marianna Jackson, and Maggie Brennan provided counsel.
November 25, 2019
Due to a dramatic increase in administrative proceedings against investment advisers, combined with a noticeable increase in issuer reporting / audit and accounting cases, the Securities and Exchange Commission ended Fiscal Year 2019 with a slight increase in enforcement activity compared to 2018. Absent the results of its share class selection disclosure ...
Bank Regulators' Madden Fixes May Not Be Quick Ones
November 22, 2019, Law360
Karen Solomon is quoted in Law360 regarding the Office of the Comptroller of the Currency and Federal Deposit Insurance Corporation’s draft regulations to curb uncertainty in the consumer credit and securitization markets in the wake of the controversial Madden v. Midland Funding decision. This court decision upset long-standing industry expectations that the ...
November 15, 2019
NEW YORK—Latinvex has named Covington among the top ten international law firms doing work in Latin America and first among firms in trade & sanctions. The firm was also singled out particularly for its role in handling in arbitration, corporate/M&A, and fraud/FCPA matters. Covington’s Latin America practice draws on a dedicated team of lawyers and advisors who ...
November 8, 2019, AmLaw Litigation Daily
Ethan Posner, Matthew Dunn, and Christopher Denig were featured in Am Law Litigation Daily as "Litigators of the Week." The team was profiled for their complete defense win for UnitedHealth Group subsidiary Executive Health Resources in U.S. District Court for the Eastern District of Pennsylvania. Krysten Rosen Moller led the associate team and was involved in ...
Focus on Sale of Higher-Fee Mutual Funds Fuels 30-Year High for SEC Enforcement Actions
November 6, 2019, Wall Street Journal
Gerald Hodgkins is quoted in the Wall Street Journal regarding an SEC enforcement case targeting the sale of higher-fee mutual funds. Mr. Hodgkins found that fines against such defendants are usually harder for the government to collect. Unlike Wall Street banks and public companies that are quick to pay, individuals and smaller firms accused of brazen frauds ...
November 6, 2019, Covington Alert
On November 5, 2019 the Department of Justice (DOJ) announced the launch of the “Procurement Collusion Strike Force” (PCSF). The creation of the PCSF marks a significant development in the government procurement enforcement landscape. Creation of the PCSF prioritizes the DOJ’s focus on government procurement offenses. As part of that effort, DOJ has launched a ...
October 30, 2019, The Baltimore Sun
Dropbox Defeats LA Software Co.'s 'SmartSync' TM Suit
October 29, 2019, Law360
Law360 covered Covington’s representation of Dropbox in a trademark case before the U.S. District Court for the Central District of California. Clara Shin, Jeffrey Davidson, Laura Brookover, Matthew Verdin, Isaac Chaput and Diane Ramirez provided counsel to Dropbox.
October 25, 2019
WASHINGTON—The National Law Journal has named Covington to its “Appellate Hot List” for the eighth time. Lawyers and law firms featured in the annual special report were recognized for winning “key matters before the U.S. Supreme Court and federal courts of appeals.” Over the past two years, lawyers in Covington’s Appellate and Supreme Court practice ...
October 11, 2019, Bloomberg Law
Kevin King is quoted in Bloomberg Law regarding the U.S. Supreme Court’s recent rejection of several patent petitions. Mr. King says, “It’s always a challenge in patent cases, a puzzler to show that the issue has a broader impact. I think successful cases do that. They show this isn’t just about the parties. These issues have lasting consequences.”
October 11, 2019, Covington Alert
On September 27, 2019, the Securities and Exchange Commission (“SEC”) announced a $4.1 million settlement with Westport Fuel Systems, Inc. (“Westport”) and its former chief executive officer, Nancy Gougarty. Based in Vancouver, Canada, Westport is a clean fuel technology company that has shares listed on the NASDAQ. The SEC’s cease-and-desist order finds that ...
October 10, 2019, AmLaw Litigation Daily
John Hall spoke with AmLaw Litigation Daily about a recent win in a federal jury trial in Kansas on behalf of Julie Burkhart, founder and CEO of pro-choice and reproductive justice organization Trust Women. Mr. Hall says one key to the defense was “to take the jury back in time and remind them of the context.” He adds, “It’s one of the most gratifying wins of my ...
October 8, 2019
WASHINGTON—A federal jury in the U.S. District Court for the District of Kansas today ruled in favor of Covington client Julie Burkhart, founder and CEO of pro-choice and reproductive justice organization Trust Women in Wichita, following a case brought against Ms. Burkhart by a prominent anti-abortion activist. The case involved two incidents in November 2012 ...
October 8, 2019, KMUW
John Hall spoke with KMUW about a recent case in which he represented Julie Burkhart, the head of the pro-choice group Trust Women. The lawsuit stemmed from Ms. Burkhart’s protection order against an individual making violent threats towards her. Mr. Hall says, "Imagine how you would feel. You have to consider everything she knew at the time. Violence toward ...
Covington Promotes from Ukraine Team
October 2, 2019, Global Arbitration Review
Nikhil Gore and Erin Thomas spoke with Global Arbitration Review about their recent promotion to partnership and contributions to the Covington’s Naftogaz team representing Ukrainian state-owned energy company Naftogaz in its $5 billion treaty claim against Russia over the seizure of its assets in Crimea.
October 2, 2019, Covington Alert
The enforcement staff of the Public Company Accounting Oversight Board (“PCAOB”) recently issued guidance for when it will recommend to the PCAOB disclosing the identity of non-party audit clients in disciplinary orders against auditors. The guidance confirms a policy change that we identified earlier this year.
Trial Over Stalking Claims Pits Anti-Abortion Protester Against Abortion Rights Supporter
October 1, 2019, KMUW
Jennifer Saulino is quoted by NPR station KMUW from her opening arguments in a federal trial representing Julie Burkhart, founder and CEO of pro-choice and reproductive justice organization Trust Women. “This was about getting to her at home, about making her feel afraid,” Ms. Saulino told the jury.
October 1, 2019, Law360
Law360 covered William Phillips, David Pinsky, Joshua Picker, Marney Cheek, and William Lowery’s representation of Naftogaz, Ukraine's state-owned oil and gas company, in its pursuit of documents from Gazprom's Dallas-based oil and gas reserves auditor as the company pursues litigation in the Netherlands to enforce a $2.56 billion arbitral award against the ...
Nooree Lee Receives NAPABA's Best Under 40 Award
September 25, 2019
WASHINGTON—The National Asian Pacific American Bar Association (NAPABA) has recognized Nooree Lee with its Best Under 40 Award. The award recognizes talented individuals within the Asian Pacific American legal community under the age of 40 who have achieved prominence and distinction in their fields of endeavor—be it the practice of law, academia, business, ...
September 19, 2019, Covington Alert
Can an insurance company covering a risk in California use a New York choice of law clause to circumvent California’s pro-policyholder “notice of claim” rules?
Scientist Tells Calif. Court J&J Mesh Doesn't Degrade
September 16, 2019
Ali Mojibi is mentioned in Law360 for his examination of a polymer science expert.
Former SDNY Prosecutor Joins Covington
September 11, 2019
NEW YORK—Amanda Kramer, former Assistant U.S. Attorney for the U.S. Attorney’s Office for the Southern District of New York, has joined Covington’s White Collar Defense and Investigations Practice in New York as a partner. Ms. Kramer served for more than 11 years as a federal prosecutor in the Southern District of New York. Most recently, she served as a senior ...
September 11, 2019, Legaltech News
Lindsey Tonsager is quoted in Legaltech News regarding Google’s settlement with the FTC involving violations of the Children's Online Privacy Protection Act. Ms. Tonsager says, “This is the first FTC settlement that dealt with behavioral advertisements against a platform that just hosts third-party content.” She noted FTC Commissioner Rebecca Kelly Slaughter’s ...
Covington Nabs 11-Year Federal Prosecutor For NY Office
September 11, 2019, Law360
Amanda Kramer spoke with the New York Law Journal about her recent move to Covington and her experience as a prosecutor in New York. Ms. Kramer says, “I’m really excited for this change and thrilled to be here.” On one occasion, she prosecuted a case involving underpaid employees, saying “One of the big benefits of that case was that it brought attention to the ...
September 11, 2019, New York Law Journal
Amanda Kramer spoke with the New York Law Journal about her recent move to Covington and her experience as a prosecutor in New York. Ms. Kramer says, “I’m really excited for this change and thrilled to be here.” On one occasion, she prosecuted a case involving underpaid employees, saying “One of the big benefits of that case was that it brought attention to the ...
Covington & Burling scoops former SDNY prosecutor
September 11, 2019, Reuters
Reuters covered Amanda Kramer’s onboarding as a partner to Covington. Ms. Kramer said the firm’s “track record of bringing in former prosecutors and giving them a place where they can thrive and have really robust practices.”
September 10, 2019, The Recorder
September 9, 2019
WASHINGTON, September 9, 2019—Law360 named Covington partners Andrew Soukup and David Zionts to its list of “2019 Rising Stars.” This annual recognition honors top lawyers under 40 “whose legal accomplishments transcend their age.” Mr. Soukup's Law360 Class Action profile can be found here. Andrew Soukup is a litigator and co-chair of the firm’s Class Action ...
September 9, 2019, Law360
Covington successfully represented Celtic Bank in an arbitration proceeding contending that Celtic Bank was not the “true lender” on loans made to a small business, which culminated in the arbitrator rejecting eight-figure damages claims and awarding Celtic Bank $3.2 million on counterclaims.
Litigation Leaders: Covington’s John Hall on Plaintiffs-Side Work, Partner Promotions and the ‘Plus Factor’
September 9, 2019, Am Law Litigation Daily
John Hall was featured in Am Law Litigation Daily's Litigation Leaders series. Mr. Hall spoke about the firm's recent litigation highlights.
September 5, 2019, The FCPA Blog
Focus Financial Opens Door to Investment Banks
September 4, 2019, RIAIntel
Brian Rosenzweig spoke with RIAIntel about the continued need for registered investment advisers to file Form S-3 with the SEC. Mr. Rosenzweig says, “It is certainly customary for public companies to seek to file and declare a shelf registration statement as soon as they become shelf-eligible, which is typically one year after an IPO.” Companies routinely file ...
August 27, 2019, Global Arbitration Review
Marney Cheek is quoted in Global Arbitration Review regarding Eli Lilly & Company’s victory over a French biotech company that alleged it had misused trade secrets and confidential information. Ms. Cheek says, “We are very pleased that the tribunal acknowledged the innovative and independent work of Lilly scientists. We are delighted with the outcome.”
August 26, 2019, The National Law Journal
Beth Brinkmann spoke with the National Law Journal and discussed her recent win at the Supreme Court, her former national appellate practice for the federal government, and the role of other women Supreme Court clerks as leaders at Covington. Ms. Brinkmann marked her 25th argument before the Supreme Court with a win in a major patent case against the federal ...
August 26, 2019, Litigation Daily
Marney Cheek is quoted in Litigation Daily regarding the firm’s win for Eli Lilly & Company against a French biotech company regarding alleged misappropriation of trade secrets. Ms. Cheek says, “We are very pleased that the tribunal acknowledged the innovative and independent work of Lilly scientists. We are delighted with the outcome.”
August 23, 2019
WASHINGTON—Covington has secured a complete victory for our client Eli Lilly & Company against French biotech company Adocia S.A., defeating Adocia’s claims of $1.39 billion for alleged misappropriation of trade secrets in an arbitration before a three-member panel at the American Arbitration Association (AAA). After extensive written submissions and a lengthy ...
August 23, 2019, Covington Alert
The Serious Fraud Office (SFO) released its much-anticipated cooperation guidance on August 6, 2019. The five-page document sets out the steps an organization can take to assist the SFO in an investigation and thereby maximise the organization’s chances of avoiding prosecution. The publication represents a welcome change in direction on the part of the SFO, ...
August 22, 2019
WASHINGTON—Covington announced that the firm will be serving as part of an international team of lawyers representing media pioneer Maria Ressa, CEO, Cofounder and Executive Editor of Rappler, one of the leading online news platforms in the Philippines, as well as representing Rappler itself. Covington will be serving as U.S. counsel and will coordinate as ...
5 Questions About Britain’s Minibond Regulatory Scandal
August 22, 2019, Law360
Ian Hargreaves is quoted in Law360 regarding the U.K.’s minibond scandal and the regulatory response. Mr. Hargreaves says, “Customers are arguing that they believed the minibonds were FCA-authorized when they were not. Consequently, their impression was that the investments were safer than they actually were.” He adds, “Essentially, the FCA regulates by activity ...
Fintech Adoption Poised For Growth In US Despite Lag
August 20, 2019, Law360
Michael Nonaka is quoted in Law360 regarding Madden v. Midland Funding, a case that called into question the validity of interest rates on bank-originated debt that is later transferred to nonbank partners, such as fintech firms. The decision largely rejected the "valid-when-made" doctrine stating that a loan's interest rate remains legal as long as it was legal ...
August 16, 2019, The National Law Journal
Jason Raofield is quoted in the National Law Journal regarding the firm’s representation of the Hanover County Unit of the NAACP in a case involving a Richmond high school’s use of a Confederate nickname. Mr. Raofield says, “Hanover County is spending taxpayer funds on litigation to preserve its ability to force African-American students to literally label ...
State’s Witness's in J&J Mesh Trial Had Once Called Device Industry ‘Prostitute’ to Conventional Medicine
August 16, 2019
Ali Mojibi is quoted in Northern California Record for his examination of past statements from an expert witness for the California Attorney General’s Office.
Taking a Swing As a SCOTUS Clerk
August 14, 2019, National Law Journal
Mark Mosier spoke with the National Law Journal about his career in professional baseball and the influence it has had on his legal career. Mr. Mosier, a San Francisco Giants draftee who played two seasons in the minor leagues, says, "It was a great experience, but with a demanding lifestyle and a high stress level." The “do the best you can” attitude he learned ...
August 8, 2019, Commercial Dispute Resolution
Ian Hargreaves spoke with Commercial Dispute Resolution regarding a recent National Crime Agency’s Unexplained Wealth Order (UWO) investigation. Mr. Hargreaves says, “For many years the U.K. has been criticized for allowing too much ‘dirty’ money to pass through its financial systems, reside in expensive residential/commercial properties and be invested through ...
August 7, 2019, Wall Street Journal
David Martin is quoted in The Wall Street Journal regarding gun violence’s effect on corporate disclosures. Mr. Martin says, “People are legitimately trying to think through whether it’s responsible to put a risk factor like this in the document.” Deciding what to disclose, and which risks count as material, is more art than science. Figuring out whether a ...
NCA Gets 4th Unexplained Wealth Order In Steady Ramp-Up
July 31, 2019, Law360
Ian Hargreaves spoke with Law360 about unexplained wealth order enforcement by the NCA, specifically its fourth such case. One reason the NCA may only have used four unexplained wealth orders so far is that they require some work to carry out, according to Mr. Hargreaves. He says, “However, as those utilizing them become more familiar with the process their use ...
July 29, 2019
WASHINGTON—The National Law Journal has named Covington partner Anne Lee a “DC Rising Star,” recognizing her as one of the “region’s 40 most promising lawyers age 40 and under.” Recently named co-chair of Covington’s Global Antitrust practice, Ms. Lee represents clients in complex commercial and antitrust litigation and has litigated cases at the trial and ...
J&J Grills Marketing Expert Who Said It Hid Mesh Risks
July 23, 2019, Law360
Ali Mojibi is quoted in Law360 about his cross-examination of a consumer behavior witness, questioning him in detail about the communications he looked at and the method he used to evaluate them.
July 22, 2019, The Recorder
Doug Sprague spoke with The Recorder about the increase in white-collar legal work in Silicon Valley. Mr. Sprague said, “The Department of Justice as a whole is focused on actors from overseas, especially Asia, and being more specific, China.”
July 15, 2019, Bloomberg
Beth Brinkmann spoke with Bloomberg about her experience as a woman arguing before the Supreme Court. Ms. Brinkmann—who has argued before the Court 25 times—says, “People are putting more of a spotlight on these issues. But there’s so much work that needs to be done.”
SEC Chairman's Stance on Waivers Gives Companies More Certainty But Does Little to Stem Controversy
July 15, 2019, The Wall Street Journal
David Kornblau is quoted in The Wall Street Journal regarding a new SEC policy which will change the agency’s stance on waivers. According to Mr. Kornblau, the new policy doesn’t substantively change the SEC’s decision-making process on waivers, but it may make it easier for companies to enter into settlement agreements. “It allows the companies to make those ...
July 12, 2019
WASHINGTON—Covington recently secured a significant victory on behalf of Kellogg Brown & Root Services Inc. (KBR) in a long-running contract dispute with the U.S. Army arising from the Iraq War. The U.S. Court of Appeals for the Federal Circuit unanimously affirmed a 2017 ruling by the Armed Services Board of Contract Appeals (ASBCA) that held the United States ...
CBP Issues New Protocols Restricting Domestic Flight Passenger Identification Checks Following ACLU Lawsuit
July 11, 2019, ACLU
The ACLU covered Josh Picker's representation of domestic flight passengers subject to suspicionless searches by the U.S. Customs and Border Protection. Mr. Picker says, "We are pleased to have reached a settlement that recognizes that our clients were wronged by government officials when they exited the plane on February 22, 2017 and that such conduct is not to ...
July 8, 2019, Law360
Covington secured a $35.5 million jury verdict for its client Noranda Aluminum Holding Corp. in an insurance recovery case to recover the company's losses from the disruption of its business stemming from two major accidents at its Missouri smelting facility. Lead trial partner David Goodwin shared with Law360, "We obtained 95% of what we requested, so we were ...
SCOTUS Will Decide The Fate Of DACA In The Fall
June 28, 2019, NPR
Alexander Berengaut spoke with AirTalk about the Supreme Court’s decision on the fate of DACA.
June 27, 2019, Legaltech News
Alex Berengaut spoke with Legaltech News about a U.S. Court of Appeals for the D.C. Circuit’s decision to allow plaintiffs to sue for risk of harm, as opposed to actual harm after a data breach. According to Mr. Berengaut, while the U.S. Office of Personnel Management decision doesn’t change the nature of the split, the case may “pique the Supreme Court’s ...
June 25, 2019, Law360
Eric Mogilnicki’s comments from a recent financial services conference are mentioned in Law360. At the conference, panelist lawyers said the Consumer Financial Protection Bureau should not wait to provide a definition of what counts as an "abusive" act or practice under the Dodd-Frank Act. Mr. Mogilnicki says, “It would not be a bad start for the Bureau to ...
Iancu v Brunetti - ruling trademark community has its say on implications of momentous US Supreme Court decision
June 25, 2019, World Trademark Review
Simon Frankel is quoted in World Trade Review regarding the Supreme Court’s decision in Iancu v Brunetti, holding that the Lanham Act’s prohibition on the registration of “immoral” or “scandalous” trademarks violates the First Amendment. Mr. Frankel says, “registration of ‘disparaging’ trademarks – today's decision is not very surprising. The Court extended its ...
June 21, 2019, Communications Daily
Kevin King is quoted in Communications Daily regarding the Supreme Court’s decision in PDR Network v. Carlton & Harris Chiropractic, a case involving a company's efforts to disregard an FCC rule about junk faxes. According to Mr. King, the decision could have significant impact for the FCC and regulated companies in the subsidiary questions remanded to the 4th ...
June 21, 2019, Law360
Kevin King spoke with Law360 about the Supreme Court’s decisions over the contours of the Telephone Consumer Protection Act. According to Mr. King, the Supreme Court dodged the main issue, the justices’ narrow approach does provide a boost to both consumers and companies by providing them with “two powerful ways to challenge FCC orders: They can argue that the ...
June 21, 2019, The Wall Street Journal
Michael Nonaka is quoted in The Wall Street Journal regarding the Financial Act Task Force’s request to virtual currency firms to develop procedures for sharing customer information with other financial institutions. Mr. Nonaka says that some crypto companies have invested heavily in compliance, others have a long way to go to build the systems necessary for ...
June 20, 2019, Hedge Fund Law Report
David Kornblau spoke with Hedge Fund Law Report to discuss the Wells notice process. Discussing the process—in which the SEC sends a letter to people or firms notifying them of impending enforcement—Mr. Kornblau says, “The pre-Wells process is a way for the staff to get feedback on the investigation without triggering a six‑month deadline for filing an ...
June 14, 2019
WASHINGTON—Today, for the first time in its history, the United States Court of Appeals for Veterans Claims certified a class action and granted classwide relief to veterans. Covington brought this class action petition in partnership with the National Veterans Legal Services Program. The landmark petition challenged the inexcusable delays by the Veterans ...
June 14, 2019
LONDON—The American Lawyer and Legal Week have named Covington its Transatlantic Arbitration Team of the Year. The award focuses on a single case that involved significant lawyering on both sides of the Atlantic and that demonstrated excellence in legal expertise and innovation, project management skills, and teamwork. The publications recognized Covington for ...
June 11, 2019, Global Investigations Review
Veronica Yepez is quoted extensively in Global Investigations Review from her panel session at the Latin Lawyer - GIR Live Anti-Corruption & Investigations conference in Mexico City. In discussing the legacy of the Brazilian “Car Wash” investigations, Ms. Yepez said that episode is driving cooperation in South America: “We are not only seeing close cooperation ...
June 10, 2019
WASHINGTON—Covington won a precedent-setting dispute before the U.S. Supreme Court on behalf of Return Mail, Inc. in a case that attracted significant attention in the patent field, particularly within industries that involve competition or collaboration with the federal government. The 6-3 ruling concludes a pivotal chapter in Return Mail’s 15-year, multi-forum ...
High Court Bars AIA Patent Challenges By Gov't
June 10, 2019, Law360
Beth Brinkmann is quoted in Law360 regarding Return Mail, Inc.’s Supreme Court victory. Ms. Brinkmann said in a statement that “the court’s decision confirms that federal agencies do not get an extra change to challenge privately held patents under AIA.”
Feds Send Clear Message With Flurry Of Fintech Cases
June 7, 2019, Law360
Anne Termine is quoted in Law360 regarding the SEC’s enforcement on fintech and cryptocurrency matters. Ms. Termine says, “From my perspective, having a no-fine case is a pretty big deal. And I think the SEC wanted to make pretty clear that it was a big deal that this was a self-report and that [the company was] recognizing the SEC jurisdiction, that they were ...
CFTC on lookout for foreign bribery whistleblowers
June 4, 2019, Global Investigations Review
Laura Brookover is quoted in Global Investigations Review regarding the U.S. Commodity Futures Trading Commission’s recently published notice advertising its whistleblower program for “foreign corrupt practices.” Ms. Brookover says the announcement serves as a “marketing tool”. The commission’s whistleblower provisions already extended to this type of conduct ...
Inside The Legal Battle For The Future Of Fintech
June 3, 2019, Law360
Michael Nonaka is quoted in Law360 regarding the OCC and New York Department of Financial Services’ legal battle over how the fintech industry will be regulated. Mr. Nonaka says, “The litigation challenging the OCC's authority to issue a special purpose fintech charter certainly has delayed the process for nondepository fintech firms to apply and receive ...
The National Law Journal - General Litigation Winner
June 3, 2019, The National Law Journal
Alexander Berengaut is quoted in The National Law Journal's feature on the firm's General Litigation Winner recognition. Discussing the firm's litigation challenging the rescission of the Deferred Action for Childhood Arrivals (DACA) program, Mr. Berengaut says Covington frequently litigates against the federal government in administrative law contests on behalf ...
The National Law Journal - Products Liability/Mass Torts
June 3, 2019, The National Law Journal
The National Law Journal - General Litigation Winner
June 3, 2019, The National Law Journal
June 2019, GIR Insight - Europe, The Middle East and Africa Investigations Review 2019
Accreditation: An extract from the 2019 edition of Europe, The Middle East and Africa Investigations Review. The whole publication is available at https://globalinvestigationsreview.com/edition/1001341/europe-the-middle-east-and-africa-investigations-review-2019.
FCPA Professor: Laura Brookover
May 31, 2019, FCPA Professor
Laura Brookover appeared on FCPA Professor to discuss the CFTC's recent enforcement advisory concerning violations of the Commodity Exchange Act (CEA) involving foreign corrupt practices including the background of the CFTC and the CEA; why the CFTC may have issued the advisory; what type of conduct involving foreign corrupt practices could fall under the CEA; ...
China takes on bribery and corruption
May 29, 2019, Commercial Dispute Resolution
Eric Carlson is quoted in Commercial Dispute Resolution regarding China’s actions to take on bribery and corruption. Mr. Carlson says that alongside targeting corrupt government officials, China is increasingly targeting the bribe-givers as well. Additionally, he says that while agencies such as the NSC do not have enforcement jurisdiction over private companies ...
May 28, 2019
WASHINGTON—The National Law Journal has named Covington one of three Washington, D.C. Litigation Departments of the Year. The firm was also named Product Liability/Mass Torts Department of the Year. With the largest litigation practice in Washington, Covington won a “string of victories” that “solidified the firm’s reputation as an inside-the-Beltway ...
May 23, 2019
NEW YORK, May 23, 2019—Latinvex has selected Nicole Duclos, Mary Hernández, Ashley Sprague, and Veronica Yepez to its 2019 list of the “Top 100 Female Lawyers” at international law firms specializing in Latin America. Covington is among the top three law firms with the most women on the list. Ms. Duclos represents clients in international commercial and ...
May 21, 2019, AmLaw Litigation Daily
AmLaw Litigation Daily covered Gary Guzy and Pooja Kothari’s representation of a group of paleontology associations and natural history museums, where they filed an amicus brief in a case involving the rights to dinosaur fossils discovered in Montana.
May 16, 2019, Covington Alert
On May 13, 2019, the Supreme Court (“the Court”) announced its 5-4 decision in Apple, Inc. v. Pepper, permitting iPhone users to proceed with an antitrust suit against Apple alleging that it monopolized the retail market for iPhone apps.
SCOTUS rulings have far-reaching impact
May 15, 2019, Commercial Dispute Resolution
Mark Mosier spoke with Commercial Dispute Resolution about a Supreme Court case involving the Chevron deference, the amount of deference given to federal agencies by the federal courts in deciding legal challenges to ambiguous regulations. Mr. Mosier says “The question whether courts will defer to agency decisions is critical for any business regulated by the ...
May 13, 2019, Law360
Michael Wagner spoke with Law360 about the Supreme Court’s ruling in Cochise Consultancy Inc. v. U.S., a case determining the statute of limitations in False Claim Act cases. Mr. Wagner says, "In theory, the Court's ruling could incentivize qui tam plaintiffs to wait years to bring their claims, in the hopes of allowing their potential recovery to increase. This ...
English Competition Appeals Tribunal to Reconsider £14 Billion Class Action Against MasterCard
May 13, 2019, Covington Alert
England’s Court of Appeal has decided that the Competition Appeals Tribunal (the "CAT") erred in rejecting certification of former financial ombudsman Walter Merricks’ class action against MasterCard, for £14 billion. As a result, the CAT will now reconsider whether to certify the class.
Partnerzugang in Frankfurt
May 10, 2019, Legal Tribune Online
Legal Tribune Online covered Robert Henrici’s move to the firm in Frankfurt. Mythili Raman and Mr. Henrici discussed the firm’s growing White Collar Defense and Investigations Practice.
May 10, 2019, The Law Society Gazette
Investment treaties are agreements between states on the treatment of foreign investment. Many investment treaties, as well as investment chapters of trade agreements, allow foreign investors to bring claims against a host state in international arbitration for violations of the host state’s treaty obligations vis-à-vis that investor and its investments in the ...
May 10, 2019, Covington Alert
On April 30, 2019, the U.S. Department of Justice (“DOJ”) Criminal Division released an updated version of the Evaluation of Corporate Compliance Programs (the “Guidance”), which serves as a reference for prosecutors in assessing corporate compliance programs in the context of DOJ investigations.
May 8, 2019
LOS ANGELES—The Daily Journal has named Robyn Polashuk, Clara Shin, and Sonya Winner to its 2019 “Top Women Lawyers,” recognizing the “top women lawyers in California.” Ms. Polashuk co-chairs the firm's Communications and Media Industry Group and serves as managing partner of the firm’s Los Angeles office. Her practice focuses on the licensing and distribution ...
May 7, 2019
LOS ANGELES—For the second consecutive year, The National Law Journal has named Covington to its "Pro Bono Hot List." The 2019 special report recognizes the lawyers and law firms who "have used their legal expertise to take on some of the biggest issues of our time." In its profile of the firm, The National Law Journal highlights Covington's pro bono efforts, ...
Our 2019 Pro Bono Hot List
May 7, 2019, The National Law Journal
Covington was named to The National Law Journal's "Pro Bono Hot List" for its representation of the City of Los Angeles to prevent the federal government from requiring assistance with immigration enforcement as a condition of grants. “Law firms can help close this gap, particularly in cases like these that require substantial expertise and resources,” said ...
May 6, 2019, CoinDesk
Anne Termine is quoted in CoinDesk regarding the U.S. Commodity Futures Trading Commission’s willingness to let an ether futures contract go to market. Ms. Termine says, “As such, the CFTC has limited regulatory oversight over cryptocurrency spot markets, namely the ability to take enforcement action whenever there is fraud or manipulation in these spot ...
May 2, 2019
FRANKFURT—Robert Henrici has joined Covington’s White Collar Defense and Investigations Practice as a partner in Frankfurt. Mr. Henrici’s practice focuses on white collar and regulatory investigations, including investigations related to alleged market manipulation, anti-corruption and sanctions violations, and tax evasion. He complements his white collar work ...
May 1, 2019, New York Law Journal
David Pinsky and Alan Vinegrad represented the Bobov community.
May 2019, Covington Alert
This article describes the attorney-client privilege under U.S. law and where care must be taken in internal investigations in China to maintain the privilege and avoid inadvertently waiving its protections.
April 25, 2019, Covington Alert
On April 23, 2019, the Standing Committee of the National People’s Congress of China passed a bill amending China’s Anti-Unfair Competition Law (“AUCL”). Changes made by the amendment bill took effect on the same day. Further to the last amendment to the AUCL in 2017, the newly introduced burden-of-proof shifting and punitive damages rules will significantly ...
April 23, 2019, Commercial Dispute Resolution
Commercial Dispute Resolution mentioned Covington as legal counsel to Naftogaz, Ukraine’s state-owned oil and gas company, advising the company in its victory over the Russian government that illegally expropriated the oil company’s assets in Crimea. David Pinsky described it as “an important day” for the oil company, explaining: “Russia targeted Naftogaz’s ...
BigLaw's Biggest Revenue Gainers And Losers In 2018
April 23, 2019, Law360
Tim Hester is quoted in Law360 regarding the firm’s success in 2018. Mr. Hester believes the firm’s success is tied to the law firm's particular strategy, which he said sets it apart from the competition. The law firm offers a combination of substantive and regulatory expertise and a mix of high-end litigation, corporate, and investigations and white collar ...
April 19, 2019, Covington Alert
On April 17, 2019, the Trump Administration announced that it would allow lawsuits to proceed against traffickers in property confiscated by the Cuban government. This decision, made pursuant to Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, or Helms-Burton Act (22 U.S.C. §§ 6082-6085), marks a sharp departure from the practice ...
BBC News: 4/17/2019
April 17, 2019, BBC News
Louise Freeman was interview by BBC News regarding the Mastercard Competition Appeals Tribunal class action case. She spoke about the potential damages payouts to individuals affected by the case.
April 16, 2019, Financial Times
Louise Freeman is quoted in the Financial Times regarding a class action suit against Mastercard. Ms. Freeman said the Court of Appeal has “sent a clear signal” that the tribunal has set the bar too high in assessing whether the mass claim should proceed.
April 16, 2019, Commercial Dispute Resolution
Louise Freeman spoke with Commercial Dispute Resolution about the Competition Appeal Tribunal class action case against Mastercard. Ms. Freeman says the Court of Appeal has sent “a clear signal that the CAT applied too high a bar in its assessment of the application for a CPO”, which will “impact the assessment of both this application when it returns to the CAT ...
April 16, 2019, Global Competition Review
Louise Freeman spoke with Global Competition Review regarding the class action UK Competition Appeal Tribunal case against Mastercard. Ms. Freeman said the appellate court has sent a clear signal that the CAT applied too high a bar in its assessment of the application for a collective proceedings order. She adds, this will not only affect the assessment of this ...
Software Execs Acquittal Could Rein In Spoofing Cases
April 5, 2019, Law360
Laura Brookover spoke with Law360 regarding a recent a spoofing case involving software executive, Jitesh Thakkar, on a charge of creating a program to manipulate the commodities market. Mr. Thakkar was acquitted midtrial, but prosecutors are still moving forward with charges of aiding and abetted a U.K.-based trader’s “flash crash” spoofing scheme. Because ...
Former FDA Drug Regulatory Adviser Joins Covington in DC
April 5, 2019, Law360
Julie Dohm was featured in Law360 regarding her move to Covington. Ms. Dohm, who joined Covington in March from the FDA, says, “I was excited about trying to get into private practice. I really want to work with people that are the pillars of food and drug law, and a number of those folks are at Covington.”
Senior Commercial Litigator Joins Covington
April 4, 2019
NEW YORK—Teena Sankoorikal has joined Covington as a partner in the Commercial Litigation Practice in New York. Ms. Sankoorikal is a commercial litigator who has handled many high-profile, complex civil cases in the areas of patent, trade secret, copyright, and other intellectual property disputes, business torts, antitrust, breach of contract, and fraud. Over ...
Brexit and Frustration
April 4, 2019, Covington Alert
In a much-anticipated decision, the English High Court has confirmed that Brexit (in whatever form it may take) will not frustrate a long-term lease for the European Medicines Agency’s headquarters in London.
April 3, 2019, Covington Alert
In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”). The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...
April 3, 2019, Covington Alert
In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”). The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...
April 2, 2019
WASHINGTON—Covington has chosen Washington partner Brianne Bharkhda to be a member of The Leadership Council on Legal Diversity’s 2019 class of Fellows. Ms. Bharkhda will participate in programs designed to identify, train, and advance the next generation of leaders in the legal profession. Ms. Bharkhda is a litigator who represents a variety of clients in ...
Former FDA Official Joins Covington
April 1, 2019
WASHINGTON—Julie Dohm has joined Covington's Food, Drug, and Device practice in Washington. Dr. Dohm focuses on regulatory matters for pharmaceutical and biotechnology clients. She has handled cases on a wide range of regulatory topics such as preemption, drug promotion, drug shortage, import-export, exclusivity, and generic drug approval standards. Prior to ...
Chancery Tosses Derivative Suit Over Uber-Ottomotto Deal
April 1, 2019, Law360
We secured an important win for Uber in a case involving an investor’s derivative lawsuit.
Covington Holds Fourth International Arbitration Academy
March 28, 2019
NEW YORK—Covington has partnered with the Columbia Law School’s Center for International Commercial and Investment Arbitration to hold the fourth annual Covington Academy on International Arbitration (CAIA). A team of Covington partners and associates from New York, Washington, and London will participate in this year’s program, which is open to Columbia’s J.D., ...
March 26, 2019, Legaltech News
Sarah Wilson spoke with Legaltech News about the legal liability of autonomous cars. Ms. Wilson says, “It’ll be a more complicated liability analysis when a car is fully autonomous and there is an accident, because you’ll have to figure out who is all at fault, or which system is at fault [or] if it’s [the] hardware or software.”
Companies face conflicting expectations when investigating conduct under Israeli jurisdiction
March 26, 2019, Global Investigations Review
‘I Don’t Want My Client to Be Blindsided’: Executives and Their Lawyers Brace for Rep. Katie Porter's Questions
March 18, 2019, The National Law Journal
Brian Smith spoke with The National Law Journal about preparing clients for white collar and congressional investigation hearings. Mr. Smith says, “You have to anticipate everything—anything that a member of Congress or the staff preparing a member of Congress can find. That’s all fair game. You have to be ready for it. You should be ready for it.”
NJ Case Signals Possible Uptick in Anti-Corruption Enforcement in Construction Industry
March 15, 2019, Corporate Counsel
Dan Shallman is quoted in Corporate Counsel regarding the anti-corruption risks of infrastructure projects in developing countries. Mr. Shallman says, We’ve seen an uptick in major infrastructure projects and those are generally in the developing world, which has the highest corruption risks. There’s risk around every corner in one of these projects.” The ...
In-House Counsel in Construction Industry May See Uptick in Anti-Corruption Enforcement
March 14, 2019, Corporate Counsel
Dan Shallman is quoted in Corporate Counsel regarding the uptick in anti-corruption enforcement. Mr. Shallman says, “We’ve seen an uptick in major infrastructure projects and those are generally in the developing world, which has the highest corruption risks. There’s risk around every corner in one of these projects.” The savviest companies have developed ...
CFTC Targets Foreign Corrupt Practices
March 12, 2019, Law.com
Laura Brookover spoke with Law.com regarding Commodity Futures Trading Commission’s announcement that it will be on the lookout for bribery intended to secure business related to trading, advising, or dealing in swaps or derivatives. Ms. Brookover says, “We’ve already seen that this director is keen to work with other agencies and coordinate with other agencies ...
March 11, 2019, Bloomberg Law
Laura Brookover is quoted in Bloomberg Law regarding the CFTC’s promise of no-penalty enforcement action on foreign bribery violations. Ms. Brookover says, “I think that may be the central challenge for the CFTC in rolling out this program: making sure the advisory reaches its intended audience.” Foreign companies who learn about the guidance will then have to ...
March 8, 2019, Law360
Ian Hargreaves spoke with Law360 regarding the European Union’s latest round of anti-money laundering laws. Mr. Hargreaves says, “If the legal framework is observed and enforced, the PSC register will be incredibly powerful. Without verification and proper review, though, people will get around this.” He adds, “One of the big criticisms with the way in which ...
CFTC's Foray Into Corruption Hints At Imminent Action
March 8, 2019, Law360
Laura Brookover is quoted in Law360 regarding Commodity Futures Trading Commission’s announcement that it will begin prosecuting corruption. She says, “This is sort of an unpredictable development, but also unsurprising because I think under his leadership we’ve seen a renewed focus on policing the integrity of the markets under CFTC jurisdiction.”
March 7, 2019
LOS ANGELES—Ryan Weinstein has joined Covington in the firm’s Commercial Litigation practice in Los Angeles. Mr. Weinstein most recently served as an Assistant United States Attorney in the Central District of California. At the U.S. Attorney’s Office, Mr. Weinstein prosecuted and tried dozens of criminal cases, briefed and argued numerous appeals before the ...
March 7, 2019, Law360
Ian Hargreaves is quoted in Law360 regarding the U.K.’s tightened budget for investigation and prosecution of white collar crime. Mr. Hargreaves says, “The costs start to spiral out of control when you’re dealing with the sheer number of documents involved in highly complex cases. And so, if technology allows these documents to be collected, collated, reviewed ...
March 5, 2019, Covington Alert
On March 4, 2019, the Trump administration announced that it would allow some lawsuits to proceed against traffickers in property confiscated by the Cuban government. This decision, made pursuant to Title III of the Helms-Burton Act, was a sharp departure from the practice of previous presidential administrations. This Client Alert will provide background ...
March 1, 2019
WASHINGTON—Covington secured a major victory on behalf of Ukraine’s state-owned oil and gas company, NJSC Naftogaz of Ukraine, in an international arbitration against the Russian Federation. A tribunal sitting at the Permanent Court of Arbitration, in The Hague, concluded that Russia unlawfully expropriated Naftogaz’s assets in Crimea, in violation of Russia’s ...
Shara Aranoff Named "Intellectual Property Trailblazer"
March 1, 2019
WASHINGTON—The National Law Journal has named Covington's Shara Aranoff to its list of "Intellectual Property Trailblazers." This list profiles the top 27 lawyers nationwide who have moved the needle in copyright, trademark, patent, and trade secrets law. Ms. Aranoff helps clients in technology, life sciences, and manufacturing use intellectual property and ...
March 2019, Pratt's Energy Law Report
March 1, 2019, Covington Alert
Selections of Covington’s Intellectual Property Rights Practice Group for the “Top Ten” most significant and interesting developments in U.S. and European copyright law during 2018.
Significant Developments in U.S. Trademark, False Advertising, and Right of Publicity Law 2018
March 1, 2019, Covington Alert
Selections of Covington’s Intellectual Property Rights Group for the “Top Ten” most significant and interesting developments in U.S. trademark, false advertising, and right of publicity law during 2018.
How Could That (Not) Be Covered? Truthiness & Coverage For False Claims Act Liability
March 1, 2019, American Bar Association, Insurance Coverage Litigation Committee
February 27, 2019, Covington Advisory
On February 26, 2019, the Public Company Accounting Oversight Board (“PCAOB”) for the first time issued disciplinary orders against auditors that protected the identity of the auditors’ client. In the past, the PCAOB had a practice of identifying the audit client by name in disciplinary orders if the matter involved violations of auditing standards by the ...
February 25, 2019, Westlaw Journal Government Contract
Q1 2019, Covington Alert
It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...
Winter 2019, Covington Alert
It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...
February 7, 2019
NEW YORK—Latinvex has named Covington partners Nicole Duclos, Rubén Kraiem, Miguel López Forastier, and Gabriel Mesa among “Latin America’s Top 100 Lawyers” in 2019. Ms. Duclos represents clients in international commercial and investment arbitration, as well as transnational litigation. Clients interviewed by Latinvex praised Ms. Duclos’ extensive arbitration ...
K Street in overdrive as investigations ramp up
February 7, 2019, The Hill
The Hill interviewed Rob Kelner about his experience helping clients deal with congressional investigations. Mr. Kelner says, “In my 20 years here at Covington, I don’t think we have ever been as busy with congressional investigations matters as we are right now. That trend began before the Democrats took control of the House and it has certainly accelerated ...
February 6, 2019, Covington Alert
On January 25, 2019, the Texas Supreme Court decided the latest insurance appeal arising from the explosion of the Deepwater Horizon drilling rig and blowout of the Macondo Well on April 20, 2010.
February 4, 2019, Federal News Network
Susan Cassidy is quoted in Federal News Network regarding the Department of Defense’s tightening of cybersecurity enforcement regulations on contractors. Ms. Cassidy says, “DoD wants to get everyone to a certain cybersecurity level. Now they are tightening up and they are going to make it a performance and award differentiator.” She said before an award, ...
Covington Nabs Tax Partner From PwC For NY Office
February 4, 2019, Law360
Law360 covered Kevin Otero’s move to the firm as a partner in our tax practice group. Mr. Otero will represent large corporations and individuals before the IRS. He also will advise and represent clients before the U.S. Tax Court, U.S. Court of Federal Claims, and federal district and appellate courts across the country. He says, “There’s been a lot of ...
February 4, 2019, American Bar Association's 33rd Annual National Institute on White Collar Crime
Leading Tax Lawyer Joins Covington
February 1, 2019
NEW YORK—Kevin Otero has joined Covington's Tax Practice Group as a partner in New York. Mr. Otero advises clients on all aspects of tax controversy matters including audits, administrative appeals, transfer pricing controversies, and tax litigation. He also has extensive experience advising clients on technical tax risk management, strategic audit and ...
February 2019, Financier Worldwide
Benjamin Haley served as a panelist in a discussion on tackling fraud and corruption in Africa.
Dan Abrams Show
January 31, 2019, SiriusXM
Lanny Breuer appeared on The Dan Abrams show to discuss recent political developments around Special Counsel Robert Mueller’s investigation. He says, “What we know is that this campaign showed a remarkable disregard for distancing itself from those who were trying to sabotage the election.”
January 29, 2019, Covington Alert
Welcome to our round up of what we consider to be the top 10 judgments of the English Court in banking and financial markets litigation in 2018.
Shutdown Could Disrupt A Number Of ITC Patent Cases
January 24, 2019, Law360
Sturgis Sobin is quoted in Law360 regarding the government shutdown’s effect on U.S. International Trade Commission cases. Mr. Sobin says, “It’s unfortunate for a complainant that has worked hard to keep its case moving forward and came to the ITC because of the speed of the process, but it is the reality that we are looking at right now.” He adds, Overall, for ...
3 Tips For Working With CPSC During The Shutdown
January 18, 2019, Law360
Sarah Wilson is quoted in Law360 regarding the safety risks for companies during the government shutdown. Ms. Wilson said companies should still be vigilant about checking consumer and retailer complaints to evaluate whether they raise safety issues. She adds they should also be taking a look at their programs for reviewing complaints and not see the shutdown as ...
4 Global Developments Patent Attys Should Know
January 16, 2019, Law360
Ruixue Ran is quoted in Law360 regarding China’s recently released draft legislation to revise the nation’s patent law. The changes, which attorneys say are aimed at enhancing patent owners' rights, are headlined by a proposal to increase the amount of damages available in certain circumstances. Ms. Ran says, “If they could get bigger damages compensation, that ...
January 16, 2019, Covington Alert
On December 26, 2018, the U.S. Securities and Exchange Commission ("SEC") settled an enforcement action against Centrais Eléctricas Brasileiras S.A. ("Eletrobras"), an electric utilities holding company majority-owned and controlled by the Brazilian government.
Obama's MBK Chief Joins Law Firm
January 15, 2019, Beat DC
The Beat DC covered Broderick Johnson’s move to Covington’s Public Policy practice. Mr. Johnson shared, “With the Democratic party assuming control of the House, companies across a spectrum of industries will face new challenges advocating for their legislative agendas and responding to congressional inquiries. Covington is well positioned to represent those ...
Crypto Exchanges Left Hanging as Shutdown Sidelines CFTC
January 15, 2019, Bloomberg Law
Anne Termine is quoted in Bloomberg Law regarding the Commodity Futures Trading Commission’s enforcement of cryptocurrency coming to a halt with the government shutdown. Ms. Termine says, “It’s an agency working at 10,000 feet right now.” She adds that an extended shutdown could impact the agency’s preparation for oral arguments. “In litigation, March is around ...
Covington Litigation Leaders Reflect on Landing Am Law's California Regional Litigation Award
January 15, 2019, The Recorder
The American Lawyer named Covington the California Litigation Department of the Year, citing high-profile matters that we have handled for California institutions like the state Senate, Uber, the City of Los Angeles, McKesson, and the University of California. The Recorder sat down to interview two of the firm's co-chairs of its Commercial Litigation ...
Covington Named One of Law360's 2018 “Firms of the Year”
January 14, 2019
WASHINGTON—Law360 has named Covington as one of its 2018 “Firms of the Year” for earning seven Practice Group of the Year awards. The Covington practices named 2018 Practice Groups of the Year are: Banking Government Contracts Insurance International Trade Product Liability Sports White Collar "We have followed a ...
Covington Snags OCC Deputy Comptroller And Chief Counsel
January 14, 2019, Law360
Law360 covered Karen Solomon’s move to Covington from The Office of the Comptroller of the Currency. Ms Solomon, who served as the OCC’s acting senior deputy comptroller and chief, counsel, told Law360 that she’s happy to be working in the private sector after an entire career spent in the government. “It seemed like the right time to try something different,” ...
January 14, 2019, Covington Alert
In the wake of destructive cyber incidents over the past few years, the insurance industry and its regulators have focused more attention on so-called “silent cyber” exposures in traditional property/casualty insurance policy forms and started taking steps to reduce or specifically address those exposures. We explain here what “silent cyber” means, and what the ...
January 10, 2019, Covington Alert
On January 4, 2019, the Standing Committee of the National People’s Congress ( “NPC”) of China published a draft amendment to the Patent Law (the “Draft”) for public comment. While this draft is not yet final, it indicates China is taking concrete steps to help patent holders with the exercise of their rights.
Leading Public Policy Lawyer Joins Covington
January 7, 2019
WASHINGTON—Broderick D. Johnson has joined Covington in its Public Policy practice in Washington. Mr. Johnson is a public policy and political strategist with more than three decades of leadership at the highest levels of government and the legal profession. He provides strategic leadership advice and counsel to clients on legislative, regulatory, legal, and ...
December 27, 2018, Bloomberg Law
Eric Mogilnicki is quoted in Bloomberg Law regarding the Consumer Financial Protection Bureau’s future under newly appointed director, Kathy Kraninger. According to Mr. Mogilnicki, Kraninger may look to ratchet back tensions with congressional Democrats by bringing enforcement actions against clear bad actors. Potential targets include lenders that prey on ...
December 20, 2018
LOS ANGELES—The American Lawyer has named Covington as its California Litigation Department of Year. The award recognizes the law firm whose California litigators have delivered outstanding service—and wins—for their clients in the year's most demanding litigation matters. The American Lawyer highlights Covington’s role in conducting an internal investigation ...
December 14, 2018
LONDON— Global Arbitration Review and Who’s Who Legal: Arbitration have recognized Covington’s International Arbitration Practice Group in its 2019 report. The publication named Covington partners Nicole Duclos and Jeremy Wilson as “Future Leaders,” a ranking of “the most eminent lawyers in the field under 45,” and recognized Miguel López Forastier and Stephen ...
Fed. Circ. Reins In Reach Of Double-Patenting Doctrine
December 14, 2018, Law360
Brianne Bharkhda and Natalie Derzko are quoted in Law360 regarding two Federal Circuit decisions that have cleared up lingering questions about patents can be invalidated under the double-patenting doctrine and identified situations where it does not apply. Ms. Bharkhda says, "I would characterize the two decisions as further defining the contours of the ...
Four Covington Partners Named Law360 MVPs
December 12, 2018
WASHINGTON—Law360 has named four Covington partners as MVPs in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...
December 10, 2018, Covington Alert
On December 7, 2018, the Federal Circuit issued two highly-anticipated decisions clarifying the application of the obviousness-type double patenting doctrine: Novartis AG v. Ezra Ventures LLC (patent term extension ("PTE")), and Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc. (pre-Uruguay Round Agreements Act ("URAA") versus post-URAA ...
December 7, 2018
WASHINGTON—The American Lawyer has recognized Covington partner Eric Holder in its 2018 “Lifetime Achiever” series, which honors lawyers who have reached the highest levels of the public and private spheres—and left an indelible mark every step of the way. The article highlights Mr. Holder’s legal career and his “desire to make America more fair and equal.” Mr. ...
Could China’s Internet Courts Work in the US?
December 3, 2018, Legaltech News
Robert Williams is quoted in Legaltech News regarding how China’s Internet Courts could provide a model to improve U.S. courts' inefficiencies. Mr. Williams said the Internet Courts can be useful for addressing online copyright infringement and domain name cyber squatting. He says, “The Internet Courts provide a useful set of tools to help address these disputes ...
Law360 MVP: Covington's Paul Schmidt
November 30, 2018, Law360
Paul Schmidt has been named a 2018 Product Liability MVP by Law360. The publication highlights a significant appellate victory in the New Jersey Supreme Court for his client Hoffmann-La Roche as well as multiple trial wins in other pharmaceutical cases.
November 30, 2018, Global Data Review
Trisha Anderson is quoted in Global Data Review regarding cyber and ransomware attacks. Ms. Anderson said that while the use of technologies like Tor and Bitcoin pose challenges to law enforcement by “raising the level of investigative effort and sophistication required to identify and locate cyber criminals,” the indictment in the SamSam Ransomware cyberattacks ...
November 27, 2018, Covington Alert
On October 26, 2018, the Standing Committee of the People’s National Congress of the People's Republic of China (PRC) passed Decisions on Several Procedural Issues Relating to Patent and Other Intellectual Property Cases (the Appellate Rules), which will give the Supreme Court jurisdiction over patent and other complex technical IP cases (the Designated Subject ...
Dem AG Gains May Spur State Financial Services Action
November 16, 2018, Law360
Jean Veta is quoted in Law360 regarding state Attorney General election results and the impact on investigations and enforcement activity on banks. Ms. Veta says, “While banks may feel some effects of the blue wave, I don’t look for banks to be swamped by that wave.” But in the current strong economic environment, she said she doesn’t see comparable scope for ...
November 15, 2018
WASHINGTON—Covington's patent litigation team successfully petitioned the U.S. Supreme Court to hear a case on behalf of its client, Return Mail, Inc., which saw its patent on a system for handling undeliverable mail invalidated in 2015 after the U.S. Postal Service petitioned for Covered Business Method Review. The case, which will involve interpretation of ...
November 14, 2018, Covington Alert
China recently amended its Criminal Procedure Law (CPL) to codify rules encouraging cooperation in government investigations, align with the new national supervision system, and introduce trials in absentia for certain crimes, including bribery and corruption.
Can CNN beat the White House in court? Look to the case 40 years ago of a loner journalist named Robert Sherrill.
November 13, 2018, Washington Post
Mark Lynch is quoted in the Washington Post about his representation of Robert Sherrill, a journalist who successfully sued the White House to re-obtain his press credential in 1977. Mr. Lynch said that the critical finding in Sherrill v. Knight was, given the "important First Amendment rights implicated by refusal to grant White House press passes to bona fide ...
November 13, 2018, CNBC
Robert Kelner is quoted in CNBC regarding Democrats plans to scrutinize publicly-traded and consumer-facing companies more closely. Mr. Kelner said Democrats have sent roughly 100 letters during the past two years to companies in four main sectors: pharmaceuticals, tech, energy and financial services. He has told clients, “Prepare, prepare, prepare. Don't wait ...
November 9, 2018
NEW YORK—Latinvex has named Covington among the top ten international law firms doing work in Latin America. In addition to this honor, Latinvex has recognized Covington as the top firm for Trade, among the top five for FCPA & Fraud, as well as for Arbitration, and among the top ten for Corporate/M&A. Covington’s Latin America practice draws on a dedicated team ...
November 9, 2018, Bloomberg
Robert Kelner is quoted by Bloomberg about how law firms are preparing clients for a potential increase in congressional investigations now that Democrats have assumed the majority in the House of Representatives. Mr. Kelner said, “A congressional investigation is like a nine-alarm fire, and really essentially brings the company to a stop until the crisis has ...
Covington & Burling Partner Gerald Hodgkins on the SEC Proposal to Limit the Size of Whistleblower Awards
November 8, 2018, Corporate Crime Reporter
Gerald Hodgkins is featured in an interview with Corporate Crime Reporter regarding the SEC proposal to limit the size of whistleblower awards. Under current SEC rules, whistleblowers are entitled to an award of ten to thirty percent of the recovery. The securities industry is now pushing to limit the size of SEC whistleblower awards. Under a proposed SEC rule, ...
November 8, 2018, Covington Alert
Last week, the U.S. Department of Justice announced a new “China Initiative.” According to the press release, the Initiative “reflects the Department’s strategic priority of countering Chinese national security threats and reinforces the President’s overall national security strategy.”
November 3, 2018
Due to a flurry of enforcement activity in the last quarter of Fiscal Year 2018, which closed at the end of September, the Securities and Exchange Commission filed nearly 10% more cases in 2018 than in the year before. The agency topped last year's numbers in every major category of cases except issuer disclosure and accounting, which were down about 13% from ...
November 3, 2018, The New York Times
Gerald Hodgkins is quoted in The New York Times regarding SEC enforcement activity during the first 20 months of the current Administration. Mr. Hodgkins says there was an uptick in enforcement in 2018 against fraudulent stock offerings and investment advisers accused of lying and stealing. At the same time, the SEC brought fewer market manipulation cases, which ...
October 30, 2018
NEW YORK—Billboard has named Jacqueline Charlesworth and Jonathan Sperling among its “2018 Top Music Lawyers.” This annual list recognizes the music industry’s leading lawyers in fields including talent representation, music publishing, streaming, and litigation. Recognized in the Music Publishing category, Billboard highlights Ms. Charlesworth’s work on ...
October 29, 2018, Legal Business
Craig Pollack participated in an interview with Legal Business regarding the future of big law. When asked about the structures within a law firm, he said, “I agree with what people have said subject to this caveat: our ability to predict is not great. However, I think there will be a law firm that has $7 billion in revenue. I doubt it will be an elite firm. We ...
NY Ruling Undercuts SEC Disgorgement Coverage
October 26, 2018, Law360
Mitchell Dolin is quoted in Law360 regarding a New York appeals court decision which applied the U.S. Supreme Court's Kokesh decision to rule that part of Bear Stearns' settlement with the SEC is a penalty, and therefore not covered by insurance. Mr. Dolin said the appellate decision contravenes Bear Stearns’ reasonable expectations about what its policies ...
October 26, 2018, African Law & Business
Benjamin Haley's relocation from Washington to Johannesburg is featured in African Law & Business. Mr. Haley specializes in compliance and enforcement matters, and his work spans the African continent, representing clients in Kenya, Nigeria, Tanzania, Uganda, and South Africa.
October 23, 2018, The Law Society Gazette
Daniel Cooper spoke with The Law Society Gazette regarding a UK Court of Appeal decision that could make employers vicariously liable for employees’ actions even if they had taken preventative steps and bore no criminal responsibility. Mr. Cooper said the employer should bear the enterprise risk and assume liability for the actions of its employees, as long as ...
October 22, 2018, Politico
Rob Kelner is quoted in Politico regarding the potential impact of a Democratic takeover of the House of Representatives in 2019 on congressional investigations. Mr. Kelner said Covington has tracked public statements in which lawmakers criticized companies and every letter sent from members of Congress to corporations over the past two years. He said the firm ...
October 8, 2018
BEIJING—China Law & Practice has named Covington “Intellectual Property Firm of the Year” and Covington partner Ruixue Ran as “Intellectual Property Lawyer of the Year.” The awards highlight innovation and excellence in the China legal market and honor top law firms, lawyers, and legal departments. Ms. Ran is one of the few China-based lawyers who focus on ...
FCPA Flash - A Conversation with Daniel Suleiman
October 8, 2018, FCPA Flash
Daniel Suleiman sat down with the “FCPA Professor” for a podcast discussing the lifecycle of FCPA investigations and what companies need to know about them.
October 5, 2018, Covington Alert
Over 3,000 commenters submitted letters to the Securities and Exchange Commission ("SEC") concerning the agency's recently proposed amendments to its whistleblower rules. This response reflects the perceived importance of the SEC's proposal to companies and employees.
Mitch Kamin Named Among Top 100 Lawyers in California
September 28, 2018
LOS ANGELES—The Daily Journal has named Covington partner Mitch Kamin among its “Top 100 Lawyers” in California. The Top 100 are selected for making a significant impact on their practice area, the legal industry or the larger society. Mr. Kamin is the co-chair of Covington’s Commercial Litigation Practice and represents global media, entertainment and other ...
Attorneys address the disputed future of Nazi-looted art
September 28, 2018, San Francisco Daily Journal
Simon Frankel participated in a conference called “Righting a Wrong: The Future of Nazi Looted Art” and is quoted in the San Francisco Daily Journal. Mr. Frankel says, “A museum faced with a restitution claim to a daily accessioned work cannot restitute the work unless it determines that the claim is well-founded.” He adds, “The institution must reasonably ...
September 28, 2018, Covington Advisory
On August 24, 2018, the Second Circuit issued its much-anticipated decision in U.S. v. Hoskins.Emphasizing on multiple occasions that Congress defined “with surgical precision” who could be liable under the anti-bribery provisions of the Foreign Corrupt Practices Act (“FCPA”), the court held that the government may not employ conspiracy or accomplice liability ...
Veronica Yepez joins Covington & Burling
September 26, 2018, Latin Lawyer
Veronica Yepez is quoted in Latin Lawyer regarding her recent move to the firm. Ms. Yepez says, “Covington offers clients true global compliance capabilities. The deep bench of former prosecutors and former DOJ senior offices with oversight over FCPA enforcement is unparalleled.” Don Ridings, chair of the firm’s anti-corruption practice, says, “Veronica built a ...
September 19, 2018, The National Law Journal
Beth Brinkmann spoke at a Washington Legal Foundation event previewing the upcoming Supreme Court term. She is quoted in The National Law Journal regarding the current 8-Justice Supreme Court saying the justices may “try to avoid affirming by 4-4” by crafting narrow rulings that would attract more than four votes, or else by dismissing the cases altogether.
K&L Gates partner returns to Covington
September 19, 2018, Global Arbitration Review
Monique O’Donoghue’s return to Covington is featured in a Global Arbitration Review article. Ms. O’Donoghue represents clients in commercial arbitration matter and has a particular focus on the oil, gas and construction sectors. Jeremy Wilson, co-chair of the firm’s international arbitration practice says, “We are delighted to welcome Monique back to the firm. ...
September 14, 2018, Covington Alert
On August 16, 2018, the U.S. District Court for the Northern District of California dismissed a major portion of the Federal Trade Commission's ("FTC") lawsuit against DIRECTV, which involved broad allegations of deceptive advertising in promotional offers for its annual subscriptions.
Disputes Eye: Hunting krakens – As finance and Russian work slows veteran litigators look to key trends and opportunities
September 13, 2018, Legal Business
Louise Freeman spoke with Legal Business regarding the latest trends in disputes. She highlights the growing potential for litigation from the rise in cyberattacks impacting major companies. Ms. Freeman observed ‘The UK courts are increasingly adapting to deal with this kind of litigation,’ and points to the Clarkson v Person or Persons Unknown High Court case ...
Litigation Luminaries
September 10, 2018, Commercial Dispute Resolution
Eric Holder and Craig Pollack are featured in Commercial Dispute Resolution regarding the firm’s ambitions to be at the forefront of international dispute resolution. Mr. Holder and Mr. Pollack discussed managing complex disputes, diplomatic solutions, culture of collaboration, Brexit, and structure and strategy of a case. Mr. Holder said in the interview, “We ...
Leading National Security Lawyer Rejoins Covington
September 4, 2018
WASHINGTON—Trisha B. Anderson, an experienced national security and cybersecurity lawyer who has held senior positions at multiple federal agencies, has rejoined Covington as a partner in Washington. Ms. Anderson most recently served as Principal Deputy General Counsel of the Federal Bureau of Investigation, where she handled complex national security and cyber ...
Don't Stop The Presses: Canadian Newsprint Tariffs Axed
August 29, 2018, Law360
Shara Aranoff is quoted in Law360 regarding the firm’s victory before the U.S. International Trade Commission’s regarding tariffs imposed Canadian imports on newsprints. Ms. Aranoff says, “This is really a win-win both for newspapers in the U.S. and for the paper mills who supply them."
Lifetime Achiever: Eric Holder, Covington & Burling
August 22, 2018, The American Lawyer
The American Lawyer has recognized Eric Holder in its annual “Lifetime Achiever” series. The article highlights his esteemed legal career and his “desire to make America more fair and equal.” Mr. Holder sees this theme running throughout his career and says, “I get to do things that are consistent with what I think lawyers should be doing as change agents, while ...
August 20, 2018, Law360
Nitin Subhedar is quoted in a Law360 article regarding patent litigation in the Netherlands. Mr. Subhedar says, “If you can get a finding of infringement and an injunction in the Netherlands, you can effectively use that as a chokepoint to stop a lot of the inflow of the infringing products into the rest of the EU. That's why the Netherlands is a particularly ...
August 17, 2018
WASHINGTON— Law360 named Covington lawyers Alexander Berengaut, Michael Nonaka, and Ursula Owczarkowski to its list of “2018 Rising Stars.” This annual recognition honors top attorneys under 40 “whose legal accomplishments transcend their age.” Alex Berengaut represents clients in civil litigation, international arbitrations, and government enforcement ...
August 3, 2018, The Wall Street Journal
Richard Shea is quoted in The Wall Street Journal regarding AT&T’s miscalculation and overpayment of retirement benefits. Mr. Shea says that some pension experts have concluded that overpayments essentially never harm plan finances because employers must set aside enough money to cover a lifetime of benefits based on what retirees actually receive. He adds, “The ...
August 2, 2018, Covington Alert
On August 1, 2018, the New Jersey Supreme Court issued a unanimous decision affirming a trial court’s exclusion of scientifically unfounded expert causation testimony in the Accutane litigation. The decision, which ends over 2,100 lawsuits against Hoffmann-La Roche Inc. and Roche Laboratories Inc. (“Roche”), represents the Supreme Court’s first statement on New ...
July 26, 2018, Bloomberg Law
Mark Gimbel is quoted in a Bloomberg Law story concerning a report by Cornerstone Research and the Stanford Law School Securities Class Action Overall Clearinghouse identifying a shift in merger-related litigation from state to federal court. In the article, Mr. Gimbel also comments on other securities litigation trends, including a possible uptick in Securities ...
July 24, 2018, Covington Alert
Phishing, spoofing, and computer-based scams pose a significant threat to businesses. Yet in recent years many victims of these scams — also variously referred to as "business email compromise," "social engineering," "fake creditor," or "fake president" fraud — have found that their insurers refused to pay claims for their computer-related fraud losses.
July 19, 2018, Covington Alert
Last week, in SEC v. Cohen, a federal district court dismissed an SEC enforcement action, in its entirety, on statute-of-limitations grounds. Most notably, citing the Supreme Court’s 2017 Kokesh decision, the court held that the injunction sought by the SEC in the case "would function at least partly to punish Defendants and is therefore a penalty" for purposes ...
Patent Owners Taking Global View In Enforcement Efforts
July 18, 2018, Law360
Michael Plimack is quoted in Law360 regarding companies in high-stakes patent disputes adopting global enforcement strategies. Mr. Plimack provided insight into why many patent disputes are litigated in German courts. He says, “Because Germany is such a large economy in the world and in Europe, it's not uncommon for battles over things like smartphones, for ...
Sarah Crowder Named to GIR's "Women in Investigations"
July 17, 2018
LONDON—Global Investigations Review has named Covington’s Sarah Crowder to the second edition of “Women in Investigations,” highlighting 100 female practitioners from across the globe. Nancy Kestenbaum and Mythili Raman were selected to the list’s first edition in 2015. The survey highlights a variety of women not previously recognized by the magazine—from ...
INSIGHT: The End of Stacked Actions—Implications Of the Supreme Court’s China Agritech Decision
July 13, 2018, Bloomberg Class Action Litigation Report
Trump tariffs put U.S. in "New Terrain" says Veroneau
July 11, 2018, Bloomberg
John Veroneau appeared on Bloomberg Daybreak: Americas, to discuss the latest U.S. tariff list on $200 billion of Chinese-made products.
Investigations of Pruitt are likely to continue
July 10, 2018, The Washington Post
Robert Kelner is quoted by The Washington Post in an article regarding continuing investigations into former Environmental Protection Agency Administrator Scott Pruitt. According to Kelner, there is no "guiding principle" as to whether a congressional inquiry or one by an agency's inspector general continues once a public official resigns. When it comes to ...
‘A victory for Chinese steel and US law’: why a lawyer thinks Chinese companies can put faith in the American legal system
July 3, 2018, South China Morning Post
Ruixue Ran is quoted in a South China Morning Post article regarding how the result of the recent U.S. steel investigation should encourage Chinese companies to use the American legal system to settle disputes. According to Ran, the case was the first of its kind against Chinese steel products and the first time Chinese companies had won a trade secrets case ...
June 29, 2018
WASHINGTON—Covington was ranked second among Am Law 200 firms in The American Lawyer’s annual Pro Bono Survey. The American Lawyer ranks firms by a pro bono score that considers the average number of pro bono hours per lawyer and the percentage of lawyers who performed more than 20 hours of pro bono work. “Legal services are often unaffordable for the people who ...
June 27, 2018, The American Lawyer
Alan Pemberton is quoted by The American Lawyer in an article accompanying the publication's Pro Bono Survey results. According to Pemberton, "The 2016 election acted as a kind of catalyst as it awakened in many of our lawyers a sense of engagement in public service matters generally." He adds that the current political climate spurred lawyers to do pro bono ...
June 22, 2018, Law360
Jennifer Saulino is quoted in a Law360 article providing a roundup of how litigators prepare for a day in court.
June 21, 2018
SAN FRANCISCO—The Daily Journal has named Covington partner Jeffrey Davidson one of its “Top 40 Under 40” lawyers in California. In its profile of Mr. Davidson, the Daily Journal highlights his representation of the University of California in its challenge to the federal government’s attempted rescission of the Deferred Action for Childhood Arrivals (DACA) ...
Women in Investigations 2018: Sarah Crowder
June 21, 2018, Global Investigations Review
Sarah Crowder was named to Global Investigations Review's "Women in Investigations 2018" list. Her profile can be found here.
June 21, 2018, Bloomberg Law
David Kornblau is quoted in a Bloomberg Law article regarding the Supreme Court's ruling that SEC in-house judges are constitutional officers, a decision that left open the status of 1,900 other officials in similar roles at agencies including the Federal Energy Regulatory Commission, National Labor Relations Board, and the Environmental Protection Agency. ...
June 18, 2018
NEW YORK—New York Law Journal has named Covington commercial litigation partner Christopher Y. L. Yeung as a winner of its 2018 "Rising Stars" award. Mr. Yeung represents clients in trials and other complex litigation. Within the past year, Mr. Yeung has helped secure the affirmance on appeal of a trade secrets trial victory with half a billion dollars at ...
Biggest Insurance Decisions Of 2018: Midyear Report
June 15, 2018, Law360
Gretchen Hoff Varner and Michael Greenberg are quoted in a Law360 article regarding the biggest insurance decisions of 2018. Commenting on Liberty Surplus v. Ledesma & Meyer Construction, Hoff Varner says that the state high court injected more certainty into liability coverage litigation by making clear that the question of whether an accident has occurred must ...
New York Law Journal Names Its Rising Stars
June 14, 2018, New York Law Journal
Christopher Yeung was named among New York Law Journal's Rising Stars list.
Covington Files Memorial in International Court of Justice on Behalf of Ukraine in Case Against the Russian Federation
June 13, 2018
WASHINGTON—Covington submitted a Memorial to the International Court of Justice on behalf of Ukraine that documents violations of international law by the Russian Federation. The Memorial, accompanied by a substantial evidentiary record, establishes that the Russian Federation has violated the International Convention for the Suppression of the Financing of ...
Q&A | THE LITIGATOR
June 8, 2018, Washington Business Journal
Jean Veta was recognized by the Washington Business Journal as an "LGBTQ Business Leader" at the inaugural Business of Pride event. Ms. Veta's profile can be found here.
How The New ITC Rules Change Litigation Strategy
June 7, 2018, Managing Intellectual Property
Daniel Valencia is quoted in a Managing Intellectual Property article regarding new ITC rules that will significantly impact litigation strategies. Commenting on the changes, Valencia says, "If anything, they’ll help create additional certainty about how the game is played at the ITC." One important rule will now allow the Commission and administrative law ...
June 6, 2018, PLI Course Handbook, Internal Investigations
June 5, 2018
WASHINGTON—Covington’s Insurance Recovery practice has received the 2018 Chambers USA "Award for Excellence" in Insurance, marking the seventh time the firm has received this honor in the 12 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, ...
June 5, 2018, The American Lawyer
Miguel López Forastier is quoted by The American Lawyer in an article regarding a recent report about the most popular venues for arbitration in the Americas. Commenting on Miami's strategy to become a more favorable venue, López Forastier says, "The practitioners have been engaged in a concerted effort to market the place as a city that is good to arbitrate a ...
Can New SFO Chief Recharge Agency?
June 5, 2018, The Wall Street Journal
Ian Hargreaves is quoted by The Wall Street Journal in an article regarding the appointment of Lisa Osofsky to Director of the UK Serious Fraud Office. Osofsky previously worked as assistant U.S. attorney at the U.S. Justice Department and as deputy general counsel and ethics officer at the Federal Bureau of Investigation. According to Hargreaves, "[The U.S. ...
May 28, 2018, The National Law Journal
Covington was selected among The National Law Journal's DC Litigation Departments of the Year. The publication notes that Covington "appeared at the center of Washington’s hottest controversies perhaps more frequently than any other DC firm," pointing to the firm's representation of Michael Flynn, the University of California in a case challenging the federal ...
ALI Gives Final OK On Liability Insurance Guidelines
May 22, 2018, Law360
In an article regarding the approval of the final iteration of the Restatement of Law, Liability Insurance, Law360 highlights David Goodwin and John Buchanan's efforts that resulted in deleting a provision of the guidelines that would have allowed an insurer to deny coverage for its policyholder's costs to defend a claim that the policyholder became aware of ...
5 Controversial Rules In The ALI's Insurance Law Project
May 18, 2018, Law360
John Buchanan and David Goodwin are quoted in a Law360 article regarding the final version of the American Law Institute's Restatement of the Law on Liability Insurance. Commenting on Section 3, which addresses foundational principles of insurance law, Buchanan says that a strong presumption rule would already have been more favorable to insurers than the ...
DACA Program’s Fate Considered by Appeals Court
May 17, 2018, Society for Human Resource Management
Jeffrey Davidson is quoted by the Society for Human Resource Management in an article regarding oral arguments before the Ninth Circuit in a case challenging the federal government's attempted rescission of the Deferred Action for Childhood Arrivals (DACA) program. Davidson, who represents the University of California in this case, argued that the government's ...
May 17, 2018, Global Investigations Review
4 Things To Know About New ITC Rules For Patent Cases
May 16, 2018, Law360
Daniel Valencia is quoted in a Law360 article regarding new ITC rules for intellectual property cases that take effect next month. Commenting on the provision that gives the commission and individual administrative law judges the authority to sever one case into two or more, Valencia says, "Going forward, we will see litigants and judges looking at ...
May 16, 2018, The Washington Times
Jeffrey Davidson is quoted by The Washington Times in an article regarding the Ninth Circuit's response to oral arguments in a case challenging the federal government's attempted rescission of the Deferred Action for Childhood Arrivals (DACA) program. Davidson, who represents the University of California in this case, argued that there's case law that says even ...
May 15, 2018, Associated Press
Jeffrey Davidson is quoted in an Associated Press article ahead of oral arguments in a case challenging the federal government's attempted rescission of the Deferred Action for Childhood Arrivals (DACA) program. According to Davidson, who represents the University of California in the case, "The rescission of DACA is based on what appears to be an argument that ...
DACA's Legality, Rollback Focus Of 9th Circ. Arguments
May 15, 2018, Law360
Jeffrey Davidson is quoted in a Law360 article regarding oral arguments before the Ninth Circuit in a case challenging the federal government's attempted rescission of the Deferred Action for Childhood Arrivals (DACA) program. Davidson, who represents the University of California in the case, argued that the Administration failed to provide proper justification ...
May 15, 2018, The Recorder
The Recorder highlights Covington's representation of the Regents of the University of California system in its challenge to the federal government's attempted rescission of the Deferred Action for Childhood Arrivals (DACA) program. This article provides key takeaways from the oral arguments before the U.S. Court of Appeals for the Ninth Circuit on May 15.
Pasadena Appeals Court Hears DACA Arguments
May 15, 2018, CBS
Jeffrey Davidson is quoted in a CBS article regarding oral arguments before the Ninth Circuit in a case challenging the federal government's attempted rescission of the Deferred Action for Childhood Arrivals (DACA) program. “The rescission of DACA is based on what appears to be an argument that DACA was illegal when it was enacted, but that’s just wrong," says ...
May 15, 2018, The Wall Street Journal
Jeffrey Davidson is quoted by The Wall Street Journal in an article regarding oral arguments before the Ninth Circuit in a case challenging the federal government's attempted rescission of the Deferred Action for Childhood Arrivals (DACA) program. According to Davidson, who represents the University of California in the case, the federal government's decision to ...
May 15, 2018, NBC
Jeffrey Davidson is quoted in an NBC an article regarding oral arguments before the Ninth Circuit in a case challenging the federal government's attempted rescission of the Deferred Action for Childhood Arrivals (DACA) program. Davidson, who represents the University of California in the case, said, "The record reflects not one word of consideration for the ...
Court appears skeptical of allowing Trump to end DACA
May 15, 2018, The Hill
Jeffrey Davidson is quoted by The Hill in an article regarding oral arguments before the Ninth Circuit in a case challenging the federal government's attempted rescission of the Deferred Action for Childhood Arrivals (DACA) program. Davidson, who represents the University of California in this case, argued, “The record reflects not one word of consideration for ...
May 11, 2018, The AmLaw Litigation Daily
Phyllis Jones was named a “Litigator of the Week” by The AmLaw Litigation Daily for her successful representation of Boehringer Ingelheim, which was hit with a new wave of lawsuits alleging that Pradaxa caused excessive bleeding. On March 23, Jones and Paul Schmidt secured the first victory, and on May 7, she achieved another defense win before a Connecticut ...
What You Need To Know As 9th Circ. Hears DACA Challenge
May 11, 2018, Law360
Alexander Berengaut and Jeffrey Davidson are quoted in a Law360 article regarding upcoming oral arguments related to the DACA challenge in which Covington represents the University of California. “Our case and its companion cases in other districts aren't about politics but, again, based on the law of how government decisions are supposed to be made,” says ...
May 11, 2018, La Opinión
Jeffrey Davidson and Alexander Berengaut are quoted in a La Opinión article regarding Covington's representation of the University of California in a lawsuit challenging the federal government's attempt to rescind the Deferred Action for Childhood Arrivals (DACA) program.
UC Returns to Court Next Week to Fight for DACA Students
May 11, 2018, KCBS
Jeffrey Davidson appeared on KCBS to discuss the lawsuit filed on behalf of the University of California challenging the federal government's decision to rescind the Deferred Action for Childhood Arrivals (DACA) program. According to Davidson, "The reason the University has taken such a strong public stand is really because of the several thousand DACA ...
Law360's Weekly Verdict: Legal Lions & Lambs
May 10, 2018, Law360
Michael Imbroscio and Phyllis Jones were recognized as “Legal Lions” by Law360 for their victory on behalf of Boehringer Ingelheim in a second bellwether trial as part of a consolidated state proceeding over the alleged bleeding risk of its blood thinner Pradaxa. The jury rejected a woman’s claims that taking the drug landed her in the hospital.
May 10, 2018, Covington Alert
The Court of Appeal in London has handed down a judgment of significance to both the insurance and international arbitration communities in Halliburton v Chubb. The judgment raises serious questions about the apparent reluctance of English courts to police arbitrators for “apparent bias” and to set aside arbitrator appointments and awards in London-seated ...
May 9, 2018
LOS ANGELES—Covington partners Carolyn Kubota, Robyn Polashuk, and Sonya Winner have been named to the Daily Journal’s 2018 “Top 100 Women Lawyers” list, recognizing the “top women lawyers in California.” Based in the firm’s Los Angeles office, Ms. Kubota is a member of the American College of Trial Lawyers and has served as lead counsel on high-profile ...
Five Firms Going Above and Beyond on Pro Bono
May 8, 2018, The AmLaw Litigation Daily
The AmLaw Litigation Daily highlights Covington’s work alongside the ACLU, the Southern Poverty Center, and prisoners’ rights litigator, Elizabeth Alexander, regarding a class action that was filed in the Southern District of Mississippi on behalf of the East Mississippi Correctional Facility’s prisoners, 80 percent of whom are mentally ill. “Prisoners suffer ...
May 2, 2018
SAN FRANCISCO—The National Law Journal has named Covington to its “Pro Bono Hot List.” The 2018 special report recognizes 14 firms who “have taken on some of the biggest issues of our time.” In its profile of the firm, The National Law Journal highlights Covington’s pro bono efforts, led by San Francisco partner Jeffrey Davidson, on behalf of the University of ...
Benjamin Haley Promoted to Partner
May 2, 2018
JOHANNESBURG AND WASHINGTON—Covington has promoted Benjamin Haley to its partnership. Mr. Haley, who has deep experience conducting investigations and compliance projects on the ground in Africa, will be relocating from Washington to the firm’s Johannesburg office this summer, where he will lead the firm’s Africa Investigations and Compliance practice. Mr. Haley ...
May 1, 2018
WASHINGTON—Covington advised Elbit Systems Ltd. in its $120 million acquisition of the assets and operations of the privately owned U.S. company, Universal Avionics Systems. Elbit Systems is an international high technology company engaged in a wide range of defense, homeland security, and commercial programs throughout the world. Universal Avionics is a ...
May 2018, The National Law Journal
Covington was named to The National Law Journal's "Pro Bono Hot List" for its representation of the University of California in challenging the government’s rescission of the Deferred Action for Childhood Arrivals (DACA) program. "To be in court standing up for 700,000 immigrants, I don't know that there's anything quite like that. For them, it's not a legal ...
5 Takeaways As DOJ Investigative Powers Get Challenged
May 1, 2018, Law360
Peter Hutt is quoted in a Law360 article providing takeaways from a recent challenge to the Justice Department’s investigative powers. The challenge was filed by a podiatry chain embroiled in False Claims Act litigation, and voiced procedural objections to the civil investigative demands that the DOJ issued after electing not to intervene in the ...
April 30, 2018, Bloomberg Law
Jennifer Saperstein is quoted in a Bloomberg Law article regarding the Justice Department's decision not to press criminal charges against Dun & Bradstreet Co. because of the company's cooperation under the updated anti-bribery policy. According to Saperstein, Dun & Bradstreet’s approach demonstrated the full benefits the new system can offer, but the DOJ’s ...
April 24, 2018, Covington Alert
On Wednesday, April 18th, the SEC introduced a much-anticipated package of proposed rules and formal guidance concerning the standards of conduct for financial professionals. The more than 1,000-page proposal, which emerged eight years after Congress required the agency to conduct a study on the topic, addresses whether investment advisers and broker-dealers ...
Michael Plimack Named One of California's Top IP Lawyers
April 20, 2018
SAN FRANCISCO—The Daily Journal has named Covington partner Michael Plimack to its 2018 list of the “Top Intellectual Property Lawyers” in California. Mr. Plimack, co-chair of Covington’s Patent Litigation Practice Group, represents leading technology companies that are faced with complex patent infringement cases. In its profile, the Daily Journal highlighted ...
April 20, 2018
WASHINGTON—The Washington Business Journal has honored Covington partner D. Jean Veta with the 2018 LGBTQ Business Leader Award. This award is given to 20 business leaders in the Washington area who are “blazing the trail for diversity and inclusion in the corporate world.” Ms. Veta, Covington’s first openly gay partner and a member of the firm’s Financial ...
April 19, 2018
WASHINGTON—The BTI Consulting Group has named Covington lawyers Andrew Smith, Jonathan Sperling, and Allan Topol to its 2018 “Client Service All-Stars” list, which recognizes “the leaders in superior client service.” Mr. Smith, based in Washington, advises clients on retail financial services, credit reporting, privacy, technology, and e-commerce issues. He ...
Top IP Lawyers: Michael Plimack
April 18, 2018, Daily Journal
Michael Plimack was named to the Daily Journal's "Top Intellectual Property Lawyers" in California list. Commenting on recent changes in patent litigation, Plimack says, "Large-scale patent litigation these days is an international affair that requires experience in all the key jurisdictions, which I believe will increasingly include China over time."
Another One Bites the Dust (Thanks Covington)
April 16, 2018, The Am Law Litigation Daily
The Am Law Litigation Daily highlights a victory on behalf of the city of Los Angeles following U.S. District Judge Manuel Real's decision to enjoin an attempt by the Justice Department to link funding for community-oriented policing to cooperation with federal law enforcement agencies on immigration enforcement. Mitch Kamin, who was a member of the Covington ...
Trump Admin. Can't Deny DOJ Grants To 'Sanctuary' Cities
April 12, 2018, Law360
Law360 highlights Covington's successful representation of the City of Los Angeles following a decision by a California federal judge which imposed a permanent, nationwide ban that would prevent the Administration from placing certain immigration-related conditions on community policing grants administered by the Justice Department. The Covington team included ...
April 11, 2018, Law360
Marney Cheek is quoted in a Law360 article regarding issues that could exist under USTR Lighthizer's proposed alternatives to investor-state arbitration in a renegotiated NAFTA. "I think the main problem with his proposed solutions is that they're all limited in scope, and so there's very serious enforcement gaps," says Cheek. Commenting on the fact that ...
April 9, 2018, CGTN
Ruixue Ran appeared on CGTN to discuss a recent victory on behalf of China's steel sector following a decision by the ITC to terminate a Section 337 investigation into Chinese steel products. According to Ran, who represented Chinese steel companies including Baosteel in the case, "While defending the trade secret misappropriation claim, we spent massive energy ...
April 3, 2018, Law360
Law360 highlights a decision by U.S. District Judge Louis L. Stanton who stated that a proposed class of Resource Capital Corp. shareholders could not pursue a suit on behalf of the real estate investment trust without the board of directors’ approval. Mark Gimbel, who represents the board and officers, said, “We are pleased with the court’s decision, which ...
China: Government Reorganization and Trade War Suggest More Anti-Corruption Enforcement in China
March 29, 2018, Covington Alert
China’s biggest government reorganization in a generation, coinciding with rapidly escalating U.S.-China trade tensions, will impact many aspects of doing business in China, including an uptick in anti-corruption enforcement.
Eric Holder, Unleashed
March 28, 2018, The AmLaw Litigation Daily
Eric Holder was featured by The AmLaw Litigation Daily in an article describing his many roles and responsibilities both at the firm and beyond. According to Timothy Hester, Holder is "involved in a lot of important issues of the day, but he’s also involved in very important issues for our client base." Hester adds, “He’s thrown himself into the life of our ...
March 28, 2018, Commercial Dispute Resolution
Commercial Dispute Resolution highlights the arrival of David Luttinger and Gerald Hodgkins at Covington. Commenting on Luttinger's addition, Mitchell Dolin says that the firm was “drawn to his superb national reputation as a trial lawyer in the coverage field and to his strengths as an individual and colleague.” According to David Kornblau, Hodgkins’ “broad ...
International Trade Commission Drops US Steel's Antitrust Claims Against Chinese Steelmakers
March 23, 2018, The American Lawyer
Derek Ludwin and James O'Connell are quoted by The American Lawyer in an article examining a decision by the ITC stating that United States Steel cannot bring antitrust claims against 40 Chinese steel manufacturers over alleged price-fixing. Ludwin, who represents Baosteel America with O'Connell and Sturgis Sobin, says that even though Section 337 is not often ...
March 23, 2018, Covington Alert
On March 15, 2018, the Government introduced legislation to Parliament that would strengthen the state’s ability to scrutinise the national security implications of foreign investment in cutting-edge technology sectors.
March 22, 2018
SAN FRANCISCO—Covington’s Jeffrey Davidson, Thomas Garten, Laura Muschamp, and Michael Plimack have been named among the 2018 “California Lawyer Attorneys of the Year” by the Daily Journal. This annual award recognizes lawyers in the state who have made a “significant impact on public policy, the law, the profession, or a particular practice area.” Mr. Davidson ...
March 20, 2018
WASHINGTON—DCA Live has named Covington’s Adam Studner to its “2018 Rising Stars of Law 40 Under 40” list. Mr. Studner’s practice focuses on white collar criminal matters, internal corporate investigations, and compliance counseling. He regularly represents clients in Foreign Corrupt Practices Act and corruption-related internal investigations and risk ...
US litigation: A time for optimism
March 19, 2018, CDR Magazine
Stephen Anthony is quoted in a CDR Magazine article examining litigation challenges in 2018 and beyond. According to Anthony, "Our clients generally are bullish about the business environment, with the stock market at record highs and consumer confidence relatively high.” He says, "Overall, we don’t foresee a drop in the volume or significance of US ...
March 19, 2018, Covington Advisory
Cyberattacks targeting defense contractors illustrate the need for cybersecurity, for thoughtful planning—and for insurance when security and planning prove insufficient. Understanding your insurance policies before things go wrong can help ensure financial protection when they do.
March 15, 2018, Covington Alert
China has continued to develop its adjudicatory framework for intellectual property disputes with the establishment of three Intellectual Property Tribunals (“IP Tribunals”) this month. This reform began with the establishment of three specialized IP Courts in Beijing, Shanghai, and Guangzhou at the end of 2014, and has been furthered with the establishment of ...
SEC Settles Fourth Cherry-Picking Enforcement
March 13, 2018, Compliance Reporter
Gerald Hodgkins is quoted in a Compliance Reporter article regarding a recent settlement between Valor Capital Asset Management and the Securities and Exchange Commission. According to Hodgkins, the settlement serves as an example of the way the agency’s improved data analytics can help regulators spot potentially problematic activity. “What is different in this ...
March 9, 2018, Law360
March 7, 2018
WASHINGTON—Global Investigations Review and Who’s Who Legal: Investigations have recognized Covington’s White Collar Defense and Investigations Practice Group in its 2018 report. The publication named Covington partners Tammy Albarrán and Steven Fagell to the inaugural Future Leaders issue, a ranking of “the most eminent lawyers in the field under 45,” and ...
March 7, 2018
SAN FRANCISCO—The San Francisco Business Times has named Covington partner Jeffrey Davidson to its “40 Under 40” list recognizing him among the region’s “most promising young talent.” Mr. Davidson is the only litigation attorney named to the list. Mr. Davidson’s trial and appellate practice focuses on high-stakes commercial, insurance coverage, products ...
March 6, 2018, Law360
John DeBoy is quoted in a Law360 article regarding a recent Third Circuit ruling that gives medical device makers a legal shield for products composed of parts with various levels of regulatory approval. "[The decision] marks a step forward in clarifying the law on the component question,” says DeBoy. “Some federal district courts have applied an analysis ...
March 6, 2018, Covington Alert
The Commercial Court in London has recently held that breach of a specific policy provision described as a warranty in a buildings insurance policy allowed an insurer to avoid coverage for a fire claim, but was not grounds for making the policy completely void from inception, as the insurer had argued. The case is BlueBon Ltd v Ageas (UK) Ltd [2017] EWHC 3301 ...
March 5, 2018
LOS ANGELES—Covington partner Carolyn Kubota has been named a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. Ms. Kubota is the seventh Covington lawyer among the current Fellows, joining Lanny Breuer, Robert Haslam, John Nields, George Pappas, William Phillips, and Robert Sayler. Ms. Kubota is a ...
Now Is the Time for Latin American Arbitration
Spring 2018, Commercial Dispute Resolution
Nicole Duclos and Miguel López Forastier are quoted in a Commercial Dispute Resolution article regarding international arbitration in Latin America. According to Duclos, three indicators reflect the way the discipline “has continued to grow in popularity and acceptance.” These include: the proactive modernisation of many countries’ arbitration laws during the ...
Significant Developments in U.S. Trademark, False Advertising, and Right of Publicity Law 2017
March 1, 2018, Covington Alert
Selections of Covington’s Intellectual Property Rights Group for the “Top Ten” most significant and interesting developments in U.S. trademark, false advertising, and right of publicity law during 2017.
March 1, 2018, Covington Alert
Selections of Covington’s Intellectual Property Rights Practice Group for the “Top Ten” most significant and interesting developments in U.S. and European copyright law during 2017.
Investors Are Paying $1,300 Per Hour for ‘Expert’ Chats
February 28, 2018, Bloomberg
Arlo Devlin-Brown is quoted in a Bloomberg article examining the uptick in European investors' using expert networks. “There’s no question that expert-networking firms can be misused by securities traders to obtain material non-public information from company insiders,” says Devlin-Brown. In Europe, “the securities industry would be well advised to use ...
Handling Investigations of Members of Congress and Congressional Staff
February 28, 2018, Covington Report
In the highly politicized world of investigations involving Members of Congress and congressional staff, taking the right steps in the first hours and days can mean the difference between a swift resolution and a years-long crisis.
February 23, 2018, Covington Alert
On Wednesday, the Supreme Court issued its much-anticipated decision in Digital Realty Trust, Inc. v. Somers. Ruling 9-0, the Court held that the Dodd-Frank Act prohibits retaliation against whistleblowers only if they reported suspected wrongdoing directly to the SEC.
February 22, 2018
NEW YORK—Latinvex has named Covington partners Nicole Duclos and Gabriel Mesa among “Latin America’s Top 100 Lawyers” in 2018. Ms. Duclos represents clients in international commercial and investment arbitration, as well as transnational litigation. Clients interviewed by Latinvex praised Ms. Duclos’ extensive arbitration experience, noting that she is “ready to ...
February 22, 2018, Law360
David Kornblau is quoted in a Law360 article regarding the Supreme Court's decision in Digital Realty Trust Inc. v. Paul Somers. According to Kornblau, the justices essentially found that the argument in favor of a narrow definition of whistleblower was “so lopsided” that “they didn’t really need to get into any of the subtleties about the Chevron doctrine.” He ...
David Luttinger Joins Covington’s Insurance Practice
February 21, 2018
NEW YORK—David Luttinger has joined Covington as a partner in the firm’s Insurance Recovery practice in New York. Mr. Luttinger has more than 20 years of experience representing clients in the insurance coverage field, including extensive trial work in judicial and arbitral forums across the country. His experience in the coverage area includes disputes over ...
Former SEC official joins Covington
February 21, 2018, Compliance Reporter
Gerald Hodgkins is quoted in a Compliance Reporter article regarding his recent arrival as a partner in Covington's Securities Litigation and Enforcement and White Collar Defense and Investigations practices. “I bring to the table a deep understanding of what the issues are that drive the SEC and division of enforcement, along with what pressures affect them and ...
February 14, 2018, Daily Journal
Winslow Taub is quoted in a Daily Journal article regarding a recent 9th Circuit decision stating that a district court judge gave too much deference to the Department of Homeland Security and didn't give proper judicial weight to the First Amendment in a case in which the government forced protestors to stay away from an immigration checkpoint in Arizona. ...
What's Next for the CFPB?
February 14, 2018, Credit Union Times
Eric Mogilnicki is quoted in a Credit Union Times article regarding what's next for the CFPB following a federal appeals court decision in late January upholding the lawfulness of the Bureau's structure. According to Mogilnicki, "The combination of that opinion and Acting Director Mulvaney's recent statement that the Bureau would stop 'pushing the envelope' on ...
Covington hires 20-year SEC veteran
February 13, 2018, Global Investigations Review
Gerald Hodgkins is quoted in a Global Investigations Review article regarding his recent arrival at Covington. According to Hodgkins, he chose Covington after witnessing its excellent defence work while at the U.S. Securities and Exchange Commission.
February 12, 2018
WASHINGTON—Gerald Hodgkins has joined Covington as a partner in the Securities Litigation and Enforcement and White Collar Defense and Investigations practices in Washington. Mr. Hodgkins most recently served as an Associate Director in the Enforcement Division of the Securities and Exchange Commission and has worked at the SEC’s Enforcement Division since ...
Former SEC Enforcer Joins Covington's DC Office
February 12, 2018, Law360
Gerald Hodgkins and David Kornblau are quoted in a Law360 article regarding Hodgkin's recent arrival as a partner in Covington's Securities Litigation and Enforcement and White Collar Defense and Investigations practices. Hodgkins says he is looking forward to “enhancing” Covington’s SEC enforcement practice, as well as complementing its white collar and ...
SEC Enforcer Hodgkins Lands at Covington & Burling
February 12, 2018, The National Law Journal
Gerald Hodgkins is quoted by The National Law Journal in an article regarding his recent move to Covington. "I was attracted to Covington because of the quality of its lawyers and its culture of teamwork and collaboration,” Hodgkins says. “I look forward to playing a key role in enhancing the firm’s SEC enforcement practice and complementing the firm’s prominent ...
February 7, 2018, Bloomberg Law
Eric Mogilnicki is quoted in a Bloomberg Law article regarding potential constitutional challenges faced by the CFPB following the U.S. Court of Appeals ruling on January 31. According to Mogilnicki, plenty of questions are still up in the air. The CFPB could settle some cases that otherwise would keep working through the constitutional question, while other ...
Covington Earns Five “Practice Group of the Year” Awards
February 6, 2018
WASHINGTON—Law360 has named five Covington practice groups among its “2017 Practice Groups of the Year.” The practice groups recognized by Law360 are as follows: Government Contracts International Trade Product Liability Sports White Collar
February 6, 2018
LOS ANGELES—The Los Angeles Business Journal recognized Wade Ackerman and Aaron Lewis in its second annual list of the most influential diverse lawyers in Los Angeles. The list recognizes 50 "stellar diverse lawyers in the LA region." In Mr. Ackerman’s profile, the Business Journal emphasized his work in the FDA regulatory space. The profile noted that “with a ...
Sports Group Of The Year: Covington & Burling
February 5, 2018, Law360
Covington was named a 2017 Sports Practice Group of the Year by Law360. According to Ben Block, one of the most rewarding aspects of the sports group is the opportunity to work with repeat clients. "But," he adds, "every year and every day is a new, different, and exciting challenge." Commenting on the Tax Court victory on behalf of the Boston Bruins in a ...
White Collar Group Of The Year: Covington & Burling
February 2, 2018, Law360
Covington was named a 2017 White Collar Practice Group of the Year by Law360. Commenting on the firm's representation of Takata Corp. in its highly sensitive $1 billion deal with the U.S. Department of Justice over air bag inflators, Steven Fagell says, "It was a very sensitive and very complicated matter, and there were other regulators that had taken an ...
Law360's Weekly Verdict: Legal Lions & Lambs
February 1, 2018, <