Litigation and Investigations

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

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

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

Vast Trial Experience

Our senior litigators, which include 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.

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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.

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.

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.

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.

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.

$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.

$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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.”

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.

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.

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.

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.

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).

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.

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).

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.

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.

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.

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.

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 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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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).

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.

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.

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.

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.

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).

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.

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.

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.

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).

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.

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.

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.

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.

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 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 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 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 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).

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.

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.

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.”

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.

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 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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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Covington Represents Humacyte in $800M Merger with Alpha Healthcare

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 ...

Jessica Beess und Chrostin Named as Euromoney Rising Star

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, ...

Covington Advises Veritas Capital on Perspecta Acquisition

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 ...

Updates to the PRIME Finance Arbitration Rules for Complex, Cross-Border Financial Disputes

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

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 ...

Sarah Harrington Eyed for DOJ Head of Civil Appellate Staff

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

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 ...

BTI Names Six Covington Lawyers “Client Service All-Stars”

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 ...

UK Supreme Court Resolves Test Case on Covid-19 Business Interruption Losses

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 ...

English Court Confirms Narrow Scope for Banks’ Fraud Prevention Duty

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 ...

Class Action Litigation Update: Challenges Posed By Mislabeling Claims Brought By "Testers"

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 ...

Class Action Litigation Update: Key Developments from Fourth Quarter 2020

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 ...

Clarity for consumer claims but Mastercard fight continues

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 ...

In Case You Missed It: IP Reforms Passed with COVID-19 Relief and Spending Package

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

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 ...

Africa Anti-Corruption Compliance Trends and Five Focus Areas for 2021

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 ...

Brexit: Implications for European Litigation

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 ...

Ruling in Favor of Policyholder, Southern District of New York Emphasizes Importance of Trust in Insurance Contracts

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.

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, ...

How Four Big Federal Contracts Rulings Will Echo Into 2021

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

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 ...

Antitrust Division Brings First Criminal Wage-Fixing Charge

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, ...

Mastercard Loses $18.6 Billion Class Action Court Ruling

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

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

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, ...

Vitol Settlement Previews CFTC’s Foreign Corruption Crackdown

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” ...

SCOTUS spotlight: Beth Brinkmann on cracking the glass ceiling

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.”

UK Supreme Court Finds Breach of Arbitrator’s Duty to Disclose but Denies Bid for His Removal

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

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 ...

The long arm of justice: How far can the DoJ really go in prosecuting foreign actors?

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

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

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

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

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.

FDIC Chair McWilliams Plans to Stay as Board Faces Biden Shift

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 ...

Congressional Investigations Outlook in the 117th Congress

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

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.

Suzanne Bell and Sonya Winner Named to Daily Journal’s Top Women Lawyers

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

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 ...

Covington Named to The National Law Journal's 2020 "Appellate Hot List"

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 ...

Declaring a crackdown? What to make of the DoJ crypto framework release

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 ...

Covington Represents GovernmentCIO in Sale to Private Equity Firm

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, ...

A Simple Question That Defies a Simple Answer: the UK Supreme Court Addresses What Law Governs an Arbitration Agreement

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 ...

Outlook for Congressional Investigations After the 2020 Elections

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 ...

UK FCA Annual Report 2019/20 – Key Takeaways

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 ...

Covington Named Among Top Five Investigations Practices Globally

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 ...

Contract Disputes Likely to Result from Brexit

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

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 ...

SEC Targets Small Accounting Adjustments in First Enforcement Actions Under Earnings-Per-Share Initiative

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 ...

Kurt Calia Named One of Daily Journal’s Top Trade Secrets Lawyers

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 ...

Sports lawyers keep the ball rolling in the age of COVID-19

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

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 ...

Brexit Implications for European Litigation

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 ...

The SEC Tweaks Its Booming Whistleblower Program

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 ...

Covington Represents Amentum in Acquisition of DynCorp International

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 ...

Coalition Joins Growing Effort To Improve Inventor Diversity

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 ...

English High Court Awards Damages for Quasi-Defamation Data Claim

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 ...

American lawyer on Danish handling of sexism: "In the US it would be very unusual"

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

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.

Anti-Corruption Trends and Developments in the EMEA Region

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 ...

Argentinian Atty Loses Suit Over Uber's Buenos Aires Debut

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.

English Court of Appeal Upholds Merrill Lynch's Reliance on ISDA Standard Terms

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 ...

The UK FCA’s Test Case Concludes – What Next For Policyholders?

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 ...

South Africa’s new evidence-sharing rule to aid corruption investigations

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

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 ...

David Zionts Named "DC Rising Star" by The National Law Journal

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

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 ...

High Court Ruling in the Altera v. Premier Oil Case: Implications for Commercial Contracts

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.

Swap Regs Still A Work In Progress As Dodd-Frank Turns 10

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?”

In Sweeping FCPA-Style Enforcement Action, ComEd Enters $200 Million Domestic Corruption DPA

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

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 ...

Feds Cast Net For Ill. Speaker With $200M ComEd Bribery Deal

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...

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 ...

EU's Highest Court Upholds Standard Contract Clauses, but Strikes Down Privacy Shield

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

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 ...

Covington Secures Win in High-Profile Multi-Billion Dollar UK Dispute

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 ...

Four Covington Partners Named to Variety’s 2020 Legal Impact Report

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,” ...

Judge dismisses Quinn’s claims against Covington in complex Ukrainian wrangle

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 ...

For Black Inventors, Road to Owning Patents Paved With Barriers

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

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 ...

Updated Bribery Law Guide Reinforces Broad View of Accounting Provisions

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

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 ...

Class Action Litigation Update: Key Developments From Second Quarter 2020

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 ...

Covington Receives Most Law360 Rising Stars Among All Law Firms

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.” ...

The CFPB Survived The High Court, But Will All Of Its Rules?

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 ...

Reforms Abroad For Litigation Funders Raise Questions In UK

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 ...

FCPA Resource Guide, Second Edition: What You Need To Know

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 ...

U.S. ex rel. Proctor v. Safeway, Inc.: When “Subjective Intent Is Legally Irrelevant” to Proving Scienter Under the FCA

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

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.

How Big Law Teamed Up to Clinch Supreme Court Dreamer Victory

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 ...

Wirecard saga exposes cracks in German financial regulation

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 ...

High Court Ruling Leaves CFPB Enforcement Actions in Doubt

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 ...

Covington Represents Piramal in $490M Sale of Stake in Pharmaceutical Unit

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 ...

German Federal Government Adopts Draft Bill on Associations Sanctions Act

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 ...

Anita Stork Named to Daily Journal's 2020 Top Antitrust Lawyers

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 ...

Supreme Court Pares Back the SEC’s Disgorgement Remedy

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

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 ...

Why Corporate Disputes in China Still Revolve Around Rubber Stamps

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

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 ...

Whose Knowledge Counts? The Expanding Scope of Government Knowledge in FCA Cases

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 ...

EasyJet Latest Firm to Face UK Data Breach “Class Action”

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

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 ...

Second Circuit Uses Preemption to Extinguish Slack-Fill Class Action

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 ...

Keep or Return: Inside ‘Roller Coaster’ Consideration for Coronavirus Borrowers

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 ...

The Foreign Agents Registration Act (FARA): A Guide for the Perplexed

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 ...

7 Questions For Covington Disputes Co-Chair Louise Freeman

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

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 ...

That's a Wrap: What Leading Appellate Lawyers Say About Historic SCOTUS Arguments

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 ...

Going Back to Work: Tips on What Your Boss Can—and Can’t—Make You Do

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 ...

English Law Challenges in Recovering Cryptocurrency Ransoms

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

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 ...

National Law Journal Again Names Covington to “Pro Bono Hot List”

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. ...

Policyholders Beware: The Risks of Multi-District and Class Action Treatment of COVID-19 Insurance Claims

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 ...

China Issues Draft Opinion on Anti-Bribery and Antitrust Requirements for Pharmaceutical Market Access

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 ...

New Legal Status of Cryptocurrencies under English Law

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 ...

The Legal Fight Between Insurers and Businesses Is Expanding

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.

CRRC/Vossloh cleared in Germany

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 ...

COVID-19 Set To Create Wave Of UK Fraud, Graft Prosecutions

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, ...

Will High Court's Trademark Ruling Spark Litigation Wave?

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

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 ...

US business groups seek protection from coronavirus lawsuits

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 ...

Fake Covid-19 Products Sold on Facebook, Other Sites, EPA Says

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

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 ...

Legal Pitfalls Loom For Employers Reopening Post-Pandemic

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 ...

Virus-Stricken Workers Face High Hurdles When Suing Employers

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

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 ...

Lawyers say NCA should refocus after dismissal of unexplained wealth orders

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 ...

Remote ID Checks Leave Retail Finance Sector Open to Fraud

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.

Banks Must Watch Out For Fraud Revelations Amid Pandemic

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 ...

Judges and lawyers reveal litigation tips for less patent popular courts

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 ...

Have No Fear: Fourth Circuit Confirms Contractors Shouldn’t Fear Privilege Waivers When Making Mandatory Disclosures

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 ...

Surge in COVID-19 Related Fraud

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 ...

Banks severed from inaugural cum-ex trial could still face penalties

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.”

The Coming Wave Of Privacy Actions In The Wake Of COVID-19: Six Things To Know

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

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

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 ...

Business disruption insurance: can it help with coronavirus?

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

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

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 ...

EPA Cracking Down on Misbranded Coronavirus Treatment Products

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 ...

Covington Boosts Global Competition Team with London Hire

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 ...

Past as Prologue: The Wave of Investigations to Follow the Pandemic Recovery and Actions that Companies Can Take Now to Prepare

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

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 ...

The Coming Wave Of Credit Card “Billing Error” Disputes: Six Things To Know

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 ...

Kurt Calia and Clara Shin Named to Daily Journal's Top IP Lawyers

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 ...

Supreme Court Invalidates Statute: States Cannot Be Sued For Copyright Infringement Damages . . . For Now

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 ...

Covington Named Dealmakers of the Year by The American Lawyer

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 ...

For Some Practices, Coronavirus Uncertainty Is Bringing a Spike in Demand

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, ...

Top Concerts Go Dark as Biggest Promoters Cope With Virus

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.

Significant Developments in U.S. and European Copyright Law: 2019 Annual Update

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 ...

Significant Developments in U.S. Trademark Law: 2019 Annual Update

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 ...

Former Alstom Executive Granted Post-Trial Acquittal of FCPA Charges

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

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 ...

Senior DOJ Attorneys Speak About FCA Enforcement Priorities, Dismissal, and Cooperation

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

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 ...

CFTC's Plan To End Position Limits Saga Faces Big Test

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 ...

Neema Sahni Named Among LA's Most Influential Minority Attorneys

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 ...

Brexit Day Marks a Beginning, Not an End

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

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 ...

Brexit Implications for Litigation

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. ...

Neema Sahni Named to Sports Business Journal's 40 Under 40

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 ...

IPM's Making Waves: Beth S Brinkmann

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

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

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 ...

Covington's Michael Imbroscio Named 'Litigator of the Week'

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 ...

American Lawyer Names Covington Products Liability Litigation Department of the Year

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"

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 & ...

United States v. Blaszczak: The Second Circuit Expands Reach of Criminal Insider Trading Law

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 ...

4 Financial Services Litigation Hot Spots To Watch In 2020

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

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 ...

Top 7 Gov't Contracting Policy Changes In 2019

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

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 ...

DOJ Revises Policy on Voluntary Self-Disclosures of Criminal Export Controls and Sanctions Violations by Businesses

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 ...

Variety Recognizes Robyn Polashuk in 2019 Dealmakers Impact Report

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

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, ...

Military Families Say Base Housing Is Plagued by Mold and Neglect

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 ...

Extension of UK SM&CR: Significant D&O Insurance Implications

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.

CFPB Constitutionality to Get Early March Supreme Court Hearing

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 ...

Driven by Investment Advisors Initiative, SEC Enforcement Ticks Up in FY 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

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 ...

Covington Ranked Among Top Ten International Law Firms by Latinvex

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 ...

Litigators of the Week: Covington Team Beats Multi-Billion FCA Claim

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

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 ...

Creation of the Procurement Collusion Strike Force

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 ...

Dropbox Defeats LA Software Co.'s 'SmartSync' TM Suit

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.

The National Law Journal Names Covington to its "Appellate Hot List"

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 ...

Patent Cases Need Broad Scope for High Court Invite, Lawyers Say

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.”

Westport and CEO Settle with SEC for China-Related Allegations of Improper Payments

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 ...

Shout-Out: Covington Wins Jury Trial in Pro-Choice Advocate Stalking Case

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 ...

Covington Secures Kansas Jury Verdict for Pro-Choice Advocate

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 ...

Anti-Abortion Protester Loses Lawsuit Against Wichita Abortion Rights Advocate

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

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.

New PCAOB Guidance Confirms Change in Approach to Identifying Audit Clients in Auditor Disciplinary Orders

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

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.

Ukraine Oil Co. Can Seek Info In $2.56B Gazprom Award Fight

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

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, ...

Former SDNY Prosecutor Joins Covington

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 ...

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

Lindsey Tonsager is quoted in Legaltech News regarding Google’s settlement with the FTC involving violations of the Children's Online Privacy Protection Act. Ms. Tonsager says, “This is the first FTC settlement that dealt with behavioral advertisements against a platform that just hosts third-party content.” She noted FTC Commissioner Rebecca Kelly Slaughter’s ...

Covington Nabs 11-Year Federal Prosecutor For NY Office

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 Hires 11-Year Veteran of SDNY US Attorney's Office

Two Covington Lawyers Named Among Law360's "Rising Stars"

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 ...

Mass. Retailer Sues Digital Lender Over $3.2M Arbitration Win

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.

Focus Financial Opens Door to Investment Banks

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 ...

Eli Lilly defeats billion-dollar claim over trade secrets

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.”

Covington's Beth Brinkmann on Returning to Argue at SCOTUS

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 ...

Shout-Out: Covington Beats Back $1.4 Billion Trade Secret Claim Against Lilly

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.”

Covington Successfully Defends Lilly in $1+ Billion Trade Secret Arbitration

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 ...

Serious Fraud Office Issues Cooperation Guidance

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, ...

Covington Serving as U.S. Counsel to Philippines Investigative Journalist

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

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

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 ...

Covington Joins NAACP Push to Scrap Confederate Names From Virginia Schools

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 ...

Taking a Swing As a SCOTUS Clerk

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 ...

National Crime Agency launches new Unexplained Wealth Order

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 ...

A New Risk Factor in Corporate Disclosures: Active Shooters

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

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 ...

Anne Lee Named "DC Rising Star" by The National Law Journal

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 ...

As Prosecutors Eye Silicon Valley, Big Law Eyes White-Collar Lawyers

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.”

Pipeline for Female Supreme Court Advocates Shows Some Cracks

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

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 ...

Covington Secures Key Victory for KBR in Iraq War Contract Dispute

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

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 ...

Aluminum Co. Wins $35.5M From Insurers Over Lost Business

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 ...

OPM Data Breach Reversal Deepens Circuit Split, and Could Widen Government Exposure

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 ...

Attys Urge CFPB to Clarify 'Abusive' Standard with Guidance

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

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 ...

SCOTUS Punts on TCPA Fax Case; Court Conservatives Would Go Further

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 ...

High Court Punt Plunges TCPA Suits Into Greater Uncertainty

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 ...

Anti-Money-Laundering Watchdog Calls for Stronger Cryptocurrency Regulations

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 ...

Understanding the Wells Process: The Pre‑Wells Process Versus the Post‑Wells Process

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 ...

Covington Wins Historic Class Action Victory for Veterans

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 ...

Covington Named Transatlantic Arbitration Team of the Year

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 ...

Car Wash investigation's legacy is driving cooperation in the Americas

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 ...

Covington Wins Supreme Court Patent Dispute for Return Mail

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 ...

Feds Send Clear Message With Flurry Of Fintech Cases

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

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

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

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 ...

Conducting Effective Internal Investigations in Africa

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

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

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 ...

National Law Journal Names Covington D.C. Litigation Department of the Year

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 ...

Four Covington Lawyers Named to Latinvex's “Top 100 Female Lawyers”

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 ...

Daily Dicta: Dinosaur Fossil Fight Goes Extinct at Ninth Circuit

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.

Implications and Questions Arising From The Supreme Court's Antitrust Ruling in Apple, Inc. v. Pepper

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

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 ...

Attys React To High Court FCA Statute Of Limitations Ruling

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

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.

Crimea: the importance of investor-state arbitration

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 ...

DOJ’s Updated Guidance for Evaluation of Corporate Compliance Programs

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.

Daily Journal Names Three Covington Partners "Top Women Lawyers"

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 ...

National Law Journal Names Covington to "Pro Bono Hot List"

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

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 ...

Regulators Ready to Approve Ethereum Futures, CFTC Insider Says

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 ...

Covington Boosts White Collar and Litigation Practice in Frankfurt

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 ...

China Amends Trade Secret Law to Further Favor Rights-Holders

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 ...

Naftogaz victory the latest blow in Russian arbitration series

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

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 ...

Trump Administration Completely Lifts Suspension of Private Right of Action under Title III of the Helms-Burton Act

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 ...

Court ruling paves way for £14bn lawsuit against Mastercard

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.

CAT accused of conducting ‘mini trial’ in MasterCard CPO hearing

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 ...

UK tribunal ordered to re-examine class certification in MasterCard claim

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

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

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

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 ...

DOJ Revises FCPA Corporate Enforcement Policy (bilingual Chinese-English)

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 ...

DOJ Revises FCPA Corporate Enforcement Policy

Covington Lawyers Selected to the Leadership Council on Legal Diversity Programs

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

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 ...

Covington Holds Fourth International Arbitration Academy

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., ...

GM Request for Fully Autonomous Cars Faces Legal Speed Bumps

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.”

‘I Don’t Want My Client to Be Blindsided’: Executives and Their Lawyers Brace for Rep. Katie Porter's Questions

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

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

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

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 ...

CFTC’s New Foreign Bribery Focus Hinges on Companies’ Mea Culpas

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 ...

Hurdles Remain As UK Pushes On With AML Fighting Register

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

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.”

Former Assistant U.S. Attorney Joins Covington in Los Angeles

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 ...

Tight Budgets Hinder UK's Economic Crime-Fighting Efforts

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 ...

Trump Administration Partially Lifts Suspension of Private Right of Action Under Title III of the Helms-Burton Act

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 ...

Covington Secures Victory for Naftogaz in Crimea Arbitration Against Russia

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"

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 ...

In a Break With Prior Practice, PCAOB Protects the Identity of Public Company in Disciplinary Actions Against Auditors

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 ...

2018 Year in Review: Top Anti-Corruption Enforcement Trends and Developments Bilingual

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 ...

2018 Year in Review: Top Anti-Corruption Enforcement Trends and Developments

Latinvex Names Four Covington Partners Among "Top 100 Lawyers"

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

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 ...

In Its Latest Deepwater Horizon Ruling, the Texas Supreme Court Clarifies the Application of a "Joint Venture Scaling" Provision

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.

DoD tightens enforcement of cyber regulations on contractors to protect data

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

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 ...

Leading Tax Lawyer Joins Covington

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 ...

Dan Abrams Show

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.”

Shutdown Could Disrupt A Number Of ITC Patent Cases

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

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

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 ...

Eletrobras Settles Alleged FCPA Violations Revealed Through Brazil's "Operation Car Wash"

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

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

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

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”

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

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,” ...

The Noise About “Silent Cyber” Insurance Coverage

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 ...

China’s Draft Patent Law Includes Important Enhancements to Patent-Owner’s Rights

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

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 ...

2019 Outlook: New CFPB Director Kraninger Will Go Her Own Way

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 ...

The American Lawyer Names Covington California Litigation Department of the Year

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 ...

Global Arbitration Review and WWL Recognize Covington's Arbitration Practice

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

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

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. ...

Federal Circuit Delivers Two Important Decisions on Obviousness-Type Double Patenting

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 ...

The American Lawyer Recognizes Eric Holder with Lifetime Achievement Award

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?

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 ...

US official highlights role of encryption in hacking scheme

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 ...

China Issues Rules to Establish Appellate Court with Nationwide Jurisdiction Over Patent and Other Complex Technical Cases

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

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 ...

Supreme Court Grants Review in Key Patent Law Case Handled by Covington

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 ...

China Amends Criminal Procedure Law, Creating More Anti-Bribery Prosecution Tools

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.

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 ...

Democrats took the House. Now they want to take on corporate America

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 ...

Covington Ranked Among Top Ten International Law Firms by Latinvex

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 ...

House Probes Like ‘Nine-Alarm Fire,’ Law Firms Prep for Democrats

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

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, ...

Are Chinese Companies Being Targeted for Anti-Corruption Enforcement?

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.”

SEC Increases Enforcement Activity in 2018, Shifting Focus to Offering Frauds and Investment Advisers

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 ...

Trump Administration Spares Corporate Wrongdoers Billions in Penalties

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 ...

Two Covington Lawyers Named "Top Music Lawyers" by Billboard

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 ...

The Global 100 debate – Will stars or institutions define the law’s elite?

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

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 ...

Haley relocates to Johannesburg as Covington ramps up South Africa office

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.

Court of Appeal upholds 'surprising' Morrisons data leak ruling

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 ...

‘Winter is coming’: Companies brace for flurry of investigations

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 ...

China Law & Practice Names Covington “Intellectual Property Firm of the Year”

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 ...

Rulemaking Commenters Debate the SEC's Proposed Changes to Its Whistleblower Program

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

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

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 ...

Second Circuit Declines to Expand FCPA’s Jurisdictional Reach Using Conspiracy or Accomplice Liability Theories

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

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 ...

Get Ready for an 8-Justice Supreme Court, as Kavanaugh Controversy Persists

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

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. ...

District Court Dismisses Major Part of FTC Deceptive Advertising Case

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

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

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

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

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

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 ...

Patent Litigation In The Netherlands: What You Need To Know

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 ...

Three Covington Lawyers Named Among Law360's "Rising Stars"

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 ...

AT&T Overpaid Some Pensioners. Now It Wants the Money Back.

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 ...

New Jersey Expert Admissibility Standard: “Reconciled” with Daubert

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 ...

Merger Spats Keep 2018 Securities Class Suit Numbers High

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 ...

Federal Courts of Appeals Clarify Scope of Computer Fraud Coverage

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.

In SEC v. Cohen, Court Continues Trend of Limiting SEC Enforcement Powers

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

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"

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 ...

Investigations of Pruitt are likely to continue

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

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 ...

Covington Ranked Top Five in American Lawyer's Pro Bono Rankings

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 ...

Big Law Acted on Impulse in Outpouring of Pro Bono Effort

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 ...

Jeffrey Davidson Named to Daily Journal's "Top 40 Under 40"

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) ...

Supreme Court Leaves In-House Judges in Limbo Governmentwide

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. ...

Christopher Yeung Named One of New York Law Journal's "Rising Stars"

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

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 ...

Covington Files Memorial in International Court of Justice on Behalf of Ukraine in Case Against the Russian Federation

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 ...

How The New ITC Rules Change Litigation Strategy

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 ...

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

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, ...

Miami Surges as International Arbitration Hub, but NYC Undaunted

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?

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. ...

The 2018 DC Litigation Departments of the Year: Covington & Burling

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

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

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

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 ...

4 Things To Know About New ITC Rules For Patent Cases

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 ...

Trump's tweets could derail efforts to end DACA, appeals court says

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 ...

First federal appeals court to hear arguments in DACA case

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

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 ...

Trump Tweets and Litigation Risks: Key Takeaways From 9th Circuit’s DACA Hearing

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

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 ...

Appeals Court Questions Grounds for Canceling Policy on ‘Dreamers’

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 ...

Federal Appeals Court Judges in Pasadena Weigh Fate of DACA

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

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 ...

Litigators of the Week: A Compassionate—But Effective—Product Liability Defense

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

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 ...

Attorneys will ask the Ninth Circuit of Appeals to continue maintaining DACA renewals

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

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

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.

English Court of Appeal Rejects High-Profile Challenge to Arbitrator

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 ...

Three Covington Partners Among Top 100 Women Lawyers in California

LOS ANGELES—Covington partners Carolyn Kubota, Robyn Polashuk, and Sonya Winner have been named to the Daily Journal’s 2018 “Top 100 Women Lawyers” list, recognizing the “top women lawyers in California.” Based in the firm’s Los Angeles office, Ms. Kubota is a member of the American College of Trial Lawyers and has served as lead counsel on high-profile ...

Five Firms Going Above and Beyond on Pro Bono

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 ...

National Law Journal Names Covington to “Pro Bono Hot List”

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

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 ...

Covington Advises Elbit Systems in $120 Million Acquisition

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 ...

Covington & Burling: Backing Institutional Support for DACA

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

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 ...

‘Turn Yourself In,’ Justice Dept. Says, But Companies Need Data

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 ...

SEC Proposal Dives Into Long-Standing Debate About the Duties of Investment Professionals

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

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 ...

Washington Business Journal Names Jean Veta as “LGBTQ Business Leader”

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 ...

BTI Names Smith, Sperling, and Topol "Client Service All-Stars"

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

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)

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

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 ...

NAFTA Arbitration Substitutes May Spur Issues Of Their Own

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 ...

China-US Trade Frictions: China's steel sector wins in US Section 337 investigation

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 ...

REIT Directors Duck Investor Suit Over $41M Loan Write-Down

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

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

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 ...

Covington & Burling grows practice in New York and Washington

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

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 ...

Covington Lawyers Recognized with Daily Journal's 2018 CLAY Award

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 ...

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

WASHINGTON—DCA Live has named Covington’s Adam Studner to its “2018 Rising Stars of Law 40 Under 40” list. Mr. Studner’s practice focuses on white collar criminal matters, internal corporate investigations, and compliance counseling. He regularly represents clients in Foreign Corrupt Practices Act and corruption-related internal investigations and risk ...

US litigation: A time for optimism

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 ...

What Every Defense Contractor Should Know About Insurance for Cyberattacks

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.

Establishing 15 IP Tribunals Nationwide, Chinese Courts Further Concentrate Jurisdiction Over IP Matters

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

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 ...

Global Investigations Review and WWL Recognize Covington’s White Collar Practice

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 ...

Jeffrey Davidson Named Among San Francisco’s "40 Under 40"

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 ...

3rd Circ. Gives 'Hybrid' Med Devices New Liability Shield

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 ...

English Court Considers Effect of Breach of Insurance Policy Warranty

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 ...

Carolyn Kubota Named to the American College of Trial Lawyers

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

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 ...

Investors Are Paying $1,300 Per Hour for ‘Expert’ Chats

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

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.

In Digital Realty, the Supreme Court Hands the SEC a Big Loss, But Companies Should Remain Vigilant Against Whistleblower Retaliation

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.

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

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 ...

Chevron Spared As Justices Say 'Whistleblower' Term Clear

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

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

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 ...

9th Circuit says judge overreached in immigration checkpoint case

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?

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 ...

Former SEC Enforcement Division Associate Director Joins Covington

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

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

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 ...

Consumer Protection Bureau Still Facing Constitutional Challenges

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

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

Wade Ackerman and Aaron Lewis Named Among LA's Most Influential Diverse Lawyers

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

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

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 ...

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Daily Journal Names Three Covington Partners "Top Women Lawyers"

National Law Journal Names Covington D.C. Litigation Department of the Year and D.C. Product Liability Department of the Year

Get to Know Covington's Highly Accomplished

Bench of Talented Women Litigators

Covington Named “Litigation Department of the Year: Product Liability”

"The Regulator Whisperers" White Collar/Regulatory Litigation Department of the Year Contest

Litigation and Investigations

Representative Matters

ExxonMobil ICSID Arbitration

GSK pharma investigation

Accutane product liability claims

IndyMac SEC securities fraud case

Successfully Resolved SEC Investigation for Deere & Co.

Huffington Post TCPA Class Action

Hulu Video Privacy Protection Act Class Action

Indymac

LinkedIn Privacy Class Action

IPR Proceeding Victory on Behalf of Texas Instruments

Janssen Pharmaceuticals Hatch-Waxman Litigation

JP Morgan Chase

JPMorgan Chase Credit Card Class Actions

JPMorgan Chase patent litigation

Jury verdict for aerospace client

KBR Nigerian bribery investigation

Kentucky Fried Chicken (KFC) against False Advertising Claims

Knowles Electronics ITC Section 337 Silicon Microphone Packages Investigation

Landfill cleanup litigation and settlement negotiations

Landmark Ruling for Tennis Channel

Large commercial award for Merck

Latin America customs clearances internal investigation

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

Lawsuit Challenging State Ethanol-Free Gasoline Requirements

LCIA Arbitration Against a Russian Investment Firm

Libel Defense Litigation and Prepublication Review of News and Other Content for Broadcasters

Litigation Challenging FCC's Rule on Telemarketing and Fax Advertising

Litigation Challenging Offshore Oil and Gas Leasing Program

Lopez v. Gonzalez

LTV Steel environmental recoveries

Major Victory for Atmel in Patent Dispute

Dismissal of Allegations Related to Security Contract

Successful Representation of Government Contractor in Battlefield Tort Litigation

Corsair ITC Section 337 Investigation

Samsung ITC Section 337 in Certain Digital Media Devices Investigation

Samsung ITC Section 337 Electronic Devices Investigation

Samsung in ITC Section 337 Mobile Telephones and Wireless Communication Devices Investigation

Trial Win for Scottish Equity Partners Over Unpaid Earn-Out

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

In re Automotive Parts Antitrust Litigation

In re Automotive Parts Antitrust Litigation - Fuel Injection Systems

$150 million recovered for railroad clients

$200 million recovered for utility companies

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

$30 million recovered for industrial equipment manufacturer

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

A former managing director of an investment bank

AAA in Federal and State Court Actions and Arbitration Proceedings

Successful Defense of Deutsche Bank in Defending Against ATA Claims

Victory for UCB against multiple Plaintiffs at District Court and Federal Circuit

Representation of Microsoft in Landmark Case Involving Data Stored Abroad

AOL Privacy Class Action

AOL TCPA class action

Armstrong World Industries

Samsung ITC Section 337 Wireless Communication Equipment Investigation

Samsung ITC Section 337 Certain Light-Emitting Diodes Investigation

Declination in Investigation into Alleged Small Business Fraud

B&C Corporation

BAIC and WFUM Solvent Schemes

Bank of New England Corporation

Boston Generating

Wells Fargo Arbitration

Samsung ITC Section 337 Investigation

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

Hatch-Waxman Victory for Omeros Corporation

Huawei ITC Section 337 Investigation

Microchip ITC Section 337 Investigation

Samsung ITC Section 337 Certain MLC Flash Memory Devices Investigation

Seagate Technology ITC Section 337 Investigation

Realtek ITC Section 337 Investigation

MStar Semiconductor ITC Section 337 Investigation

Daily Journal Names Three Covington Partners
"Top Women Lawyers"

National Law Journal Names Covington
D.C. Litigation Department of the Year
and D.C. Product Liability Department of the Year

"The Regulator Whisperers"
White Collar/Regulatory Litigation Department of the Year Contest