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Covington litigators have a well-deserved reputation for handling novel, complex, and high-stakes disputes. Our experience spans multiple disciplines and venues, and includes litigation against both private party litigants and government authorities.
Our clients turn to us for their toughest challenges. We handle bet-the-company antitrust, class action, insurance recovery, and intellectual property litigation; defend against ever more aggressive enforcement actions by national and local government agencies; and tackle their most complicated international disputes.
By developing case themes early, focusing our discovery efforts on the key issues, and demonstrating the ability and drive to take the case to trial, we put our clients in the best position to win—whether through a verdict, a dispositive motion, or a negotiated resolution.
Vast Trial Experience
Our senior litigators, which include six members of the American College of Trial Lawyers, have successfully tried hundreds of jury and bench trials.
Regulatory and Industry Expertise
We have a leg up on our competition because of our ability to staff litigation matters with multi-disciplinary teams that take advantage of the firm’s market-leading regulatory practices and our deep expertise in the special characteristics and challenges of particular industries.
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.
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.
Won more than $2 billion in compensation and interest in an ICSID arbitration for subsidiaries of ExxonMobil Corp. related to the uncompensated expropriation of their investments in Venezuela.
Won the dismissal of more than 6,000 alien tort claims against Chiquita arising from extortion payments made by Chiquita’s Colombian subsidiary to armed groups in that country.
Represented GlaxoSmithKline in successfully resolving one of the largest criminal and civil investigations involving pharmaceutical industry marketing practices.
Secured trial, expert, adequacy, and appeals wins imperiling thousands product liability claims against client Hoffmann-La Roche involving the prescription medication Accutane.
Defended the former CEO of IndyMac in an SEC securities fraud case and FDIC lawsuit involving one of the most high-profile bank failures of the recent financial crisis.
Represented Deere & Company in a high-profile Foreign Corrupt Practices Act investigation relating to Deere’s customs duties in the CIS and the Republic of Georgia. The SEC ultimately informed Deere that it would not be pursuing enforcement action.
Representation of Knowles Electronics in the ITC Section 337 Investigation: Certain Surface Mount MEMS Microphones and Products Containing the Same, USITC Inv. No. 337-TA-700 (Respondent).
We represented a major pharmaceutical company in a lengthy investigation by the House Oversight and Government Reform Committee regarding alleged off-label marketing of pharmaceutical products. The investigation included dozens of requests and resulted in the production of tens of thousands of documents.
Represented PG&E Corporation in the restructuring of its regulated utility and as co-proponent of PG&E’s confirmed plan.
Achieved favorable resolution for Patagonia in a putative class action alleging wrongful collection of personal information in connection with credit card transactions.
Represent debtor in chapter 11 case with respect to insurance matters in connection with asbestos liabilities.
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.
Representation of a joint venture of Newmont Mining and Sumitomo in an arbitration under UNCITRAL Rules relating to the Indonesian government’s efforts to terminate an agreement regarding exploitation of copper and gold resources.
Advising remanufacturers and refurbishers of consumer products as to FTC and state law regulating their ability to describe products as “new.”
The SAFETY Act, administered by the U.S. Department of Homeland Security, provides liability protection to the makers and users of anti-terror technology in the event of a terror attack. We have successfully guided clients from virtually every major industry in the United States, including government contractors, airports, port authorities, chemical companies, large sports stadiums, and professional sports leagues, through the SAFETY Act application process and secured SAFETY Act protection for a wide range of technologies.
We represented a politically active nonprofit entity in an investigation by the Senate Permanent Subcommittee on Investigations as part of the Subcommittee’s review of political activity by tax-exempt organizations.
We defended a former NASA official and a former White House official in investigations by the House Oversight and Government Reform Committee and the House Judiciary Committee regarding alleged political interference with the work of government environmental scientists.
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.
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.
Represent the Chapter 11 trustee for this financial services company and its wholly-owned subsidiary, Check Holdings LLC in these Chapter 11 cases and related adversary proceedings.
Achieved dismissal of a putative class action against National Public Radio alleging violations of the Wiretap Act, Stored Communications Act, and state laws. The complaint alleged that mobile app developers wrongfully transmitted personal information to third party advertising companies.
Represent officers and directors of and shareholders in this Chapter 11 debtor in connection with adversary proceedings in which plaintiffs assert fraudulent conveyance, breach of fiduciary duty, illegal dividend, and other claims. We also represented Lyondell in connection with insurance coverage disputes.
Successfully challenged before the D.C. Circuit the Federal Communication Commission’s rules mandating that telecommunications companies install equipment to monitor private telephone and Internet communications.
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.
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.
Represented Chapter 11 trustee and represent Plan Administrator in insurance coverage matters.
Filed a Supreme Court amicus brief on behalf of a government contractor trade association in support of a U.S. Navy contractor being sued for unwanted text messaging. The proposed class action raised significant questions regarding the application of derivative sovereign immunity to private contractors performing work on behalf of the federal government.
Represent First Wind in connection with coverage and related bankruptcy issues arising under debtors’ liability insurance policies in this Chapter 11 case.
Removed a construction dispute involving several hundred million dollars from state to federal court, which was a superior forum for asserting various federal defenses on behalf of our government contractor client. We defeated the plaintiff’s efforts to send the case back to state court, successfully arguing that the case properly was removed under the federal officer removal statute because of the significant role played by the federal government in the construction project.
Represent shareholder defendants in avoidance actions brought by creditor representatives and plan trustee.
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.
Representing Union Pacific Railroad in a wide variety of regulatory, legislative, and antitrust matters, including ongoing rulemakings involving rail rates and access to customer facilities and a multidistrict class action litigation alleging price-fixing of fuel surcharges.
Representation of Rio Tinto and Intalco Aluminum Corporation in litigation and negotiations concerning Superfund remediation and natural resource damages at various mine sites in the U.S. and Canada, including Holden Mine, Blackbird Mine and Britannia Mine.
We represented the Republican National Committee in connection with investigations by the House Judiciary Committee and House Oversight and Government Reform Committee regarding the dismissal of U.S. attorneys and the hosting of e-mail accounts for White House officials.
Successful resolution of numerous other FTC advertising practices and marketing investigations.
Assisted a Korean state company involved in legal battles and protracted negotiations over a multi-billion dollar project development. When negotiations failed and parties refused to turn up to the table, Covington stepped in to help the company reconvene the parties and move forward on negotiating an amicable resolution.
Defending Sherwin-Williams in a putative class action alleging violations of the Telephone Consumer Protection Act in connection with a commercial text message program for paint contractors.
Achieved a favorable resolution for Shoe Show in a putative class action alleging violation of the Fair and Accurate Credit Transaction Act for allegedly printing expiration dates on credit card receipts.
We represented a major biotechnology company in a congressional investigation by the Senate Finance Committee concerning the price of its breakthrough drug.
We represented a university system and its medical school in a lengthy investigation by the Senate Finance Committee and resolved the matter without a hearing.
Representing the second largest airline in South Korea in connection with the U.S. government’s yearlong investigation of the 2014 accident at San Francisco International Airport.
We represented a major federal contractor in an oversight hearing conducted by the Senate Armed Services Committee concerning the contractor’s activities supporting overseas military operations.
Represented Forgitron Technologies, LLC in contract rejection contested matter in this Chapter 11 case.
Achieved dismissal of a putative class action against AOL alleging violations of the Telephone Consumer Protection Act. The complaint sought to hold AOL liable for misdirected text messages sent by users of AOL’s Instant Messenger system.
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.
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.
Represented Wilmington Trust Co., as indenture trustee, in connection with contested plan proceedings in this Chapter 11 case.
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.
Represented and procured favorable judgment through appeal for The Bank of New York Mellon Trust Company, N.A. as trustee for BNEC unsecured subordinated notes, in a subordination dispute with the trustee for BNEC senior unsecured notes.
Represented officer and director defendants in coverage dispute related to claims asserted against them by bankruptcy estate representative.
Counseled a major defense contractor on how to mitigate potential future tort risk during contract discussions with the U.S. government. The military wanted the contractor to provide support for a significant anti-terrorism initiative, and the contractor needed advice on how best to structure the contract to minimize its risk and maximize its protection in the event of third-party claims arising from its contract performance.
Advising major Internet companies as to the substantiation required to defend advertising claims made about their products and services.
Advising retailers on pricing claims and practices, including the use of the word “free,” “two-for-one” offers, and trial periods with negative cancellation options.
Represented a third-party advertising service in responding to an inquiry by the FTC into the company’s technology for selecting and delivering online advertising.
Represented Sears Corporation in opposing a proposed buy-back of the debtors’ CGL policies under Section 363 that would have threatened Sears’ coverage rights under vendor endorsements.
Representing trade associations and individual companies in connection with the FTC’s periodic reviews of advertising practices in the alcoholic beverage industry.
Represented Hyperdynamics Corporation in an FCPA investigation by the Department of Justice related to its business activities in the Republic of Guinea. The matter was resolved without any charges being brought against the company.
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.
Represented IndyMac’s former Chairman and CEO in defense of litigation instituted by bankruptcy trustee, the Bank’s receiver, and others arising out of IndyMac’s demise during the 2008 financial crisis. Recognized by AmLaw as a Litigation Department of the Year finalist for 2012 for representation.
Representation of Sony BMG Music Entertainment in a class action lawsuit challenging royalties for downloading music and in connection with an insurance coverage dispute arising out of damage allegedly caused by DRM software included on music CDs.
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).
Secured Second Circuit affirmance of a summary judgment ruling in favor of our client United Technologies in a 401(k) plan expense class action lawsuit, for which plaintiffs had calculated alleged damages of $230 million. Taylor v. United Technologies Corp., 354 Fed. Appx. 525 (2d Cir. 2009).
Secured district court ruling dismissing a putative ERISA class action on the basis of the statute of limitations. Gelesky v. AK Steel Corp. Pensions Agmt. Plan, 828 F. Supp. 2d 935 (S.D. Ohio 2011).
Secured district court dismissal of ERISA notice and fiduciary breach claims against our client Verizon, arising from the spin-off of a business, on the basis of the statute of limitations. Murphy v. Verizon Commc’ns, Inc., 50 Empl. Ben. Cas. (BNA) 1855 (N.D. Tex. 2010).
Representation of the Association of Public Television Stations on whether public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements.
Representation of broadcasters and programming suppliers in negotiations and litigation with satellite carriers EchoStar and DirecTV.
Representation of the National Association of Broadcasters before the U.S. Supreme Court in the Schwarzenegger case, which concerns the First Amendment validity of state-imposed limitations on violent video games.
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.
Successfully defended Capital Cities/ABC, GE, the NFL, Verizon, and the Pharmaceutical Research and Manufacturers of America in separate suits against claims that independent contractors were entitled to benefits under company plans.
For Verizon, in a companion case to a similar claim against Equitable, secured the first favorable ruling in the Second Circuit on claims that cash balance plans violate the age discrimination provision of ERISA. Hirt v. The Equitable Retirement Plan, 533 F.3d 102 (2d Cir. 2008).
After fully briefing motions to dismiss a suit alleging breach of fiduciary duty under ERISA with respect to the GE stock component of GE’s 401(k) plan, based on a “stock drop” theory, secured settlement that was approved by the court. Cavalieri v. Gen. Elec. Co., 47 Empl. Ben. Cas. (BNA) 2719 (N.D.N.Y. 2009).
Secured over $2 billion in compensation and interest against the Republic of Venezuela in favor of subsidiaries of client ExxonMobil. This widely-publicized victory was one of the largest awards ever obtained against a sovereign state.
Sony BMG Music Entertainment in a class action lawsuit brought by the Allman Brothers Band and Cheap Trick on behalf of all artists whose contracts pre-date the era of digital downloaded music. Sony BMG pays the artists under the applicable royalty rate for album sales at brick-and-mortar record stores, while the artists claim that Sony BMG should be paying a much greater royalty rate for downloaded music.
Representation of Danish company ROCKWOOL Group in trademark infringement litigation in China involving its claim to the “ROCKWOOL” trademark and trade name.
Won $35 million judgment in California State Court on behalf of Scottish Equity Partners. After five-day bench trial, we convinced the Court to award full damages for an unpaid earn-out, plus prejudgment interest.
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.
Represented McKesson in bench trial in NY Supreme Court in which plaintiff sought $250 million and punitive damages for alleged trade secret misappropriation. The decision is pending. Currently representing McKesson in a separate trade secrets case set for trial later this year.
Represent Alps Electric in putative class actions alleging price-fixing in the heater control panel market.
Represent Keihin Corporation in putative class actions alleging price-fixing in the fuel injection systems business.
Representation of Samsung Electronics and Samsung LED in the ITC Section 337 Investigation: Certain Light-Emitting Diodes and Products Containing Same, USITC Inv. No. 337-TA-785 and 337-TA-798 (Respondent & Complainant).
Representation of UMC, ProMOS, Microchip, Micronas and Dongbu HiTek in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondents).
Representation of Huawei in the ITC Section 337 Investigation: Wireless Devices with 3G Capabilities and Components Thereof, USITC Inv. Nos. 337-TA-800 and 337-TA-868 (Respondent).
Representation of Microchip in the ITC Section 337 Investigation: Certain Semiconductor Integrated Circuit Devices and Products, USITC Inv. No. 337-TA-840 (Complainant).
Representation of Samsung in the ITC Section 337 Investigation: Certain MLC Flash Memory Devices and Products Containing Same, USITC Inv. No. 337-TA-683 (Respondent).
Representation of respondents A-Data, Chipsbank, Afa Technologies, Power Quotient International (PQI), Skymedi, and Corsair in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondents).
Representation of Seagate Technology in the ITC Section 337 Investigation: Hard Disk Drives, Components Thereof, and Products Containing the Same, USITC Inv. No. 337-TA-616 (Respondent).
Representation of Realtek in the ITC Section 337 Investigation: Network Controllers, USITC Inv. No. 337-TA-531 (Respondent).
Representation of MStar Semiconductor in the ITC Section 337 Investigation: Display Controllers with Upscaling Functionality and Products Containing the Same, USITC Inv. No. 337-TA-481 (Respondent).
Representation of Roche in the ITC Section 337 Investigation: Recombinant Human Erythropoietin, USITC Inv. No. 337-TA-568 (Respondent).
Representation of Kumho Petrochemical Co., Ltd in the ITC Section 337 Investigation: Rubber Antidegradants, Components Thereof and Products Containing Same, USITC Inv. No. 337-TA-533 (Respondent).
Representation of Q-Med Aktiebolag in the ITC Section 337 Investigation: Injectable Implant Compositions, USITC Inv. No. 337-TA-515 (Respondent).
Representation of Meretek Diagnostics in the ITC Section 337 Investigation: Breath Test Systems for the Detection of Gastrointestinal Disorders, USITC Inv. No. 337-TA-495 (Complainant).
Representation of Nidek in the ITC Section 337 Investigation: Excimer Laser Systems for Vision Correction Surgery and Components Thereof and Methods for Performing Such Surgery, Inv. No. 337-TA- 419 (Respondent).
Representation of Genentech in the ITC Section 337 Investigation: Recombinantly Produced Human Growth Hormone, USITC Inv. No. 337-TA-358 (Complainant).
Representation of Samsung in the ITC Section 337 Investigation: Certain Consumer Electronics and Display Devices and Products Containing Same, USITC Inv. No. 337-TA-836 (Respondent).
Representation of Hewlett-Packard in the ITC Section 337 Investigation: Wireless Communication Devices and Systems, USITC Inv. No. 337-TA-775 (Respondent).
Representation of Nintendo in the ITC Section 337 Investigation: Video Game Machines and Related Three-Dimensional Pointing Devices, USITC Inv. No. 337-TA-658 (Respondent).
Representation of Samsung in the ITC Section 337 Investigation: Electronic Devices, Including Handheld Wireless Communication Devices, USITC Inv. No. 337-TA-673 (Respondent).
Representation of FujiPhoto Film Co. in the ITC Section 337 Investigation: Lens-Fitted Film Packages, USITC Inv. No. 337-TA-406 (Complainant).
Representation of Phillip Morris in the ITC Section 337 Investigation: Cigarettes and Packaging, USITC Inv. No. 337-TA-643 (Complainant).
Representation of Arm’s Reach Concepts, Inc. in the ITC Section 337 Investigation: Bassinet Products, USITC Inv. No. 337-TA-597 (Complainant).
Representation of Emine Technology in the ITC Section 337 Investigation: Switches and Products Containing Same, USITC Inv. No. 337-TA-589 (Respondent).
Representation of Old Dominion Footwear, Inc. in the ITC Section 337 Investigation: Foam Footwear, USITC Inv. No. 337-TA-567 (Respondent).
Representation of Energizer Holdings, Inc. and Eveready Battery Company, Inc. in the ITC Section 337 Investigation: Zero-Mercury-Added Alkaline Batteries, Components Thereof and Products Containing Same, USITC Inv. No. 337-TA-493 (Complainants).
Representation of Tilia Inc. in the ITC Section 337 Investigation: Vacuum Packaging Machines, USITC Inv. No. 337-TA-496 (temporary exclusion order proceeding) (Complainant).
Representation of Eaton Corp.in the ITC Section 337 Investigation: Automated Mechanical Transmission Systems for Medium-Duty and Heavy-Duty Trucks and Components Thereof, USITC Inv. No. 337-TA-503 (Complainant).
Representation of New Holland North America, Inc. in the ITC Section 337 Investigation: Agricultural Tractors, Lawn Tractors, Riding Lawnmowers and Components Thereof, USITC Inv. No. 337-TA-486 (Complainant).
Representation of Cognex Corporation in the ITC Section 337 Investigation: Machine Vision Systems, Parts and Components Thereof, and Products Containing Same, USITC Inv. No. 337-TA-484 (Complainant).
Representation of Bearing Distributor in the ITC Section 337 Investigation: Bearings and Packaging Thereof, USITC Inv. No. 337-TA-469 (Respondent).
Representation of Sidel in the ITC Section 337 Investigation: Plastic Molding Machines with Control Systems Having Programmable Operator Interfaces Incorporating General Purpose Computers, and Components Thereof II, USITC Inv. No. 337-TA- 462 (Respondent).
Representation of Rapistan Systems Advertising Corp. and Siemens Dematic Corp. in the ITC Section 337 Investigation: Sortation Systems, Components Thereof and Products Containing Same, USITC Inv. No. 337-TA-460 (Complainants).
Representation of Bombardier in the ITC Section 337 Investigation: Personal Watercraft and Components Thereof, USITC Inv. No. 337-TA- 452 (Respondent).
Representation of Peregrine Semiconductor in the ITC Section 337 Investigation: Certain Radio Frequency Integrated Circuits and Devices Containing Same, USITC Inv. No. 337-TA-848 (Complainant).
Representation of Vizio in the ITC Section 337 Investigation: Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, USITC Inv. No. 337-TA-822 (Respondent).
Representation of A-DATA Technology Co., Ltd, A-DATA Technology (USA) Co. Ltd., and International Products Sourcing Group, Inc. in the ITC Section 337 Investigation: Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (III), USITC Inv. No. 337-TA-630 (Respondents).
Representation of Toshiba Corporation in the ITC Section 337 Investigation: NAND Flash Memory Devices and Products Containing Same, USITC Inv. No. 337-TA-553 (Respondent).
Representation of Actions Semiconductor, Inc. in the ITC Section 337 Investigation: Audio Processing Integrated Circuits and Products Containing Same, Enforcement phase only, USITC Inv. No. 337-TA-538 (Respondent).
Representation of Skylink in the ITC Section 337 Investigation: Universal Transmitters for Garage Door Openers, USITC Inv. No. 337-TA-497 (Respondent).
Representation of LeapFrog Enterprises, Inc.; Jetta Company, Ltd. in the ITC Section 337 Investigation: Electronic Educational Devices and Components Thereof, USITC Inv. No. 337-TA-475 (Respondents).
Representation of Nikon in the ITC Section 337 Investigation: Microlithographic Machines and Components Thereof, USITC Inv. No. 337-TA-468 (Complainant).
Representation of Echostar and Scientific Atlanta in the ITC Section 337 Investigation: Set-Top Boxes and Components Thereof, USITC Inv. No. 337-TA-454 (Respondents).
Representation of Altera Corporation in the ITC Section 337 Investigation: Programmable Logic Devices and Products Containing Same, USITC Inv. No. 337-TA-453 (Complainant).
Representation of Altima in the ITC Section 337 Investigation: Integrated Repeaters, Switches, Transceivers and Products Containing Same, Enforcement phase only, USITC Inv. No. 337-TA-435 (Respondent).
Representation of Atmel Corporation in the ITC Section 337 Investigation: Erasable Programmable Read Only Memories and Products Containing Same, USITC Inv. No. 337-TA-395 (Complainant).
Representation of Quickturn in the ITC Section 337 Investigation: Hardware Logic Emulators, USITC Inv. No. 337-TA-383 (Complainant).
Representation of NEC in the ITC Section 337 Investigation: Dynamic Random Access Memories, Components Thereof, and Products Containing Same, USITC Inv. No. 337-TA-242 (Respondent).
Representation of Samsung in the ITC Section 337 Investigations: Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software, USITC Inv. No. 337- TA-882 (Respondent); Electronic Devices, Including Handheld Wireless Communication Devices, USITC Inv. No. 337-TA-673 (Respondent); and Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components, USITC Inv. No. 337-TA-663 (Respondent).
Representation of Samsung in the ITC Section 337 Investigation: Wireless Communication Equipment, Articles Therein, and Products Containing Same, USITC Inv. No. 337-TA-583 and USITC Inv. No. 337-TA-577 (Respondent).
Representation of Nokia in the ITC Section 337 Investigation: Cellular Radiotelephones and Subassemblies and Component Parts Thereof, USITC Inv. No. 337-TA-297 (Respondent).
Representation of Beifa Ningbo in the ITC Section 337 Investigation: Ink Markers and Packaging Thereof, USITC Inv. No. 337-TA-522 (Respondent).
Representation of Microjet Technology in the ITC Section 337 Investigation: Ink Jet Cartridges, USITC Inv. No. 337-TA-446 (Respondent).
Representation of Crews, Inc. in the ITC Section 337 Investigation: Safety Eyewear and Components Thereof, USITC Inv. No. 337-TA-433 (Respondent).
Shummi Enterprise Co., Ltd; Shumei Industrial Co., Ltd in the ITC Section 337 Investigation: Toothbrushes and Packaging Thereof, USITC Inv. No. 337-TA-391 (Respondent).
Representation of Support Systems Int’l, Inc. in the ITC Section 337 Investigation: Fluidized Support Apparatus, USITC Inv. No. 337-TA-182 (Complainant).
Representation of a leading U.S. railroad in a London arbitration against an insurer for liabilities arising from a major train derailment and lethal chemical release, resulting in a highly favorable settlement.
Representation of a U.S. mining company in an ICC arbitration against a Dutch company arising out of a contractual dispute involving an investment in Peru.
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.
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.
We secured the reversal of a class certification order in a “stock drop” lawsuit claiming breaches of fiduciary duty in the administration of a company retirement savings plan.
Defended civil claims brought by the SEC and FDIC against the former CEO of IndyMac BankCorp, Michael Perry, in connection with the bank’s failure in 2008. The cases were ultimately settled on very favorable terms. Relatedly, we represented Mr. Perry on insurance coverage issues concerning his defense.
Represented the former CEO of IndyMac Bank in multiple securities and ERISA class actions.
Representing Pixar in multi-defendant federal antitrust class action litigation alleging an unlawful agreement among certain Silicon Valley firms to limit their recruiting of each other’s employees.
Representation of Korea National Oil Corporation in an ICDR arbitration and ancillary federal court proceedings arising from a US$1.2 billion acquisition of an oil and gas exploration and production company.
Representation of two oil and gas majors in a US$100 million ICDR arbitration in New York arising out of alleged breaches of a crude oil transportation agreement.
Representation of a leading Mexican land development company against a large U.S. resort developer in an ICC arbitration involving claims for breach of contract.
A French E&P company in an ICC arbitration with a Swedish independent arising out of the alleged breach of first refusal rights under a JOA.
Representation of a European oil and gas major in an ICC arbitration under English law arising out of a field services agreement relating to operations in the Middle East.
Representation of a major European oil and gas company in a pending ICDR arbitration with a Brazilian oil and gas major relating to crude transportation agreements in the Andean region.
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.
Representing subsidiaries of an international oil company in pending ICSID arbitration proceedings involving expropriation of investments in Venezuela, resulting in a tribunal award of compensation exceeding U.S. $2 billion in value.
A French oil and gas independent in an ICSID arbitration against a Latin American state, in a dispute arising out of alleged breaches of a bilateral investment treaty and several production sharing agreements.
Co-lead counsel to Occidental Petroleum in an ICSID arbitration against the Republic of Ecuador arising out of the wrongful termination of a production-sharing agreement that resulted in the largest ICSID and investment treaty award to date.
In numerous securities arbitrations arising from alleged securities frauds and other wrongs.
Secured summary judgment for George Mason School of Law against sexual harassment and other discrimination claims by law school professor.
Represented American Petroleum Institute in Comer, putative class action alleging industrial activities contributed to global warming, causing a rise in sea levels and adding to the ferocity of Hurricane Katrina, and thereby causing property damage to plaintiffs.
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.
Lead counsel for Apache Corporation in insurance coverage arbitration and litigation proceedings relating to the explosion of a gas pipeline in Western Australia.
National counsel to Genentech defending claims related to its cancer medications, Rituxan and Avastin.
Illumina in a strategic alliance with Genomics England for a four-year project to decode 100,000 human genomes.
Represented hair brush company in obtaining preliminary injunction against rival based on trade dress and design patent.
Representation of Rockwell Automation on the harmonization of arbitration and other dispute resolution practices and policies in over 40 national markets worldwide.
Defense of beverage manufacturer in FTC investigation of substantiation for health benefit claims in advertising.
AstraZeneca in an FTC investigation and private antitrust class action litigation concerning settlements of Hatch-Waxman patent litigation involving Nexium.
Advised the Government of Vietnam regarding its dispute with China over maritime boundaries in the South China Sea.
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.
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 violate the bilateral investment treaty between Spain and Venezuela.
National coordinating counsel to Purdue Pharma defending scores of suits filed in state and federal courts around the country by plaintiffs who claim injury from having used – in most cases abused – the company’s OxyContin pain relief prescription medication.
Representation of a Bermuda company in a pending LCIA arbitration against a Russian investment firm arising out of investment brokerage arrangements.
American Petroleum Institute and American Fuel and Petrochemical Manufacturers as plaintiffs in lawsuits challenging the validity of state laws requiring refiners to sell ethanol-free gasoline to distributors and retailers.
Libel defense litigation and prepublication review of news and other content for broadcasters in some 35 states, including First Amendment, newsgathering, copyright, defamation and privacy advice, and opposing subpoenas from prosecutors and others.
Represented the State of Minnesota in securing more than $100 million in insurance recoveries for environmental matters related to an innovative legislative program for the cleanup of landfills.
Representation of Knowles Electronics in ITC Section 337 Investigations: Silicon Microphone Packages and Products Containing Same, USITC Inv. No. 337-TA-825 (Complainant); Certain Silicon Microphone Packages and Products Containing Same, USITC Inv. No. 337-TA-888 (Complainant).
FCC handed Covington a decisive victory to the Tennis Channel in its discriminatory carriage lawsuit against Comcast Cable Communications, the largest distributor of video programming content.
Conducted internal investigation relating to customs clearance practices for automotive parts in various Latin American countries.
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.
Representation of Merck in ad hoc London arbitrations against various insurers that produced a disclosed recovery of approximately US$590 million, plus US$45 million in fees and interest, for prescription drug liabilities — reportedly one of the largest commercial awards in Europe in recent years.
Persuaded the U.S. Securities and Exchange Commission not to pursue enforcement action against a leading manufacturing company following an 18-month investigation of business practices in Europe and Asia.
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.
Represented LTV Steel in obtaining more than $40 million in recoveries for environmental liabilities from numerous settlements.
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.
Representation of MasterCard in trademark litigation in the United States District Court for the District of Utah against a bank that was using a MASTER CARD mark for various banking services offered to account holders.
Represent client in litigation challenging the U.S. Department of the Interior's five year-offshore oil and gas leasing program under the National Environmental Policy Act and the Endangered Species Act.
Conducting due diligence investigations and performing risk assessments to evaluate potential product or toxic tort liabilities associated with pharmaceutical and medical device companies bringing products to market.
Led the leading litigations challenging the FCC’s rules on telemarketing and fax advertising.
Covington successfully represented Jose Lopez in an immigration case, in which the Supreme Court held that a conviction in state court for a drug offense that is a felony under state law but only a misdemeanor under federal law is not an “aggravated felony” for immigration purposes.
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.
Conducted a large-scale internal investigation of a leading global company’s business practices in China.
In persuading a U.S. appellate court to accept its disciplinary procedure in an anti-doping case as a valid arbitration award, not subject to judicial challenge by a star athlete, Mary Decker Slaney. 244 F.3d 580 (7th Cir. 2001).
Representation of International Dairy Foods Association against a class action in Virginia state court alleging deceptive marketing of the potential weight-loss benefits of consuming milk.
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.
Advising ING Insurance International on the sale of its mortgage business in Mexico, ING Hipotecaria, to the Mexican banking subsidiary of Banco Santander, Spain’s largest bank, for approximately $50 million.
Represented Bank of America in nationwide class actions challenging interchange fees paid on ATM and credit card transactions.
Representation of InterMune against a false advertising claim brought under Section 17200 of the California Business & Professions Code in the Northern District of California.
Representation of special committees of the boards of Fortune 500 companies regarding insider trading investigations.
Representation of First Wind Holdings with regard to insurance claims arising out of fires that occurred at its Kahuku Wind farm, Oahu, in 2011 and 2012. Coverage issues include property damage, business interruption, and potential environmental liability issues.
Representation of JPMorgan Chase in patent litigation brought in the Eastern District of Texas by LML Patent Corp. relating to electronic transactions on credit and debit accounts.
Obtained a complete jury verdict for an aerospace contractor accused of conspiring with the employee of a competitor to misappropriate trade secrets. The plaintiff had sought $30,000,000.
Represented JPMorgan Chase in numerous consumer class actions and attorney general representative actions on various practices relating to credit cards.
In obtaining the dismissal of an antitrust class action alleging that a number of credit-card issuers conspired to adopt arbitration clauses in their credit card agreements. 2006 WL 2685082 (S.D.N.Y. Sept. 20, 2006).
Representation of Kentucky Fried Chicken (KFC) against false advertising claims based on a KFC promotion that were asserted as a class action in the Western District of Virginia.
Representing an executive of KBR, Halliburton’s subsidiary, in a wide-ranging investigation into alleged bribery of Nigerian government officials in connection with the selection of the company to build one of the world’s largest liquefied natural gas projects.
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.
Represent BP in the Penalty Phase of the Deepwater Horizon litigation, including at trial.
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.
Represented executives of various airlines in investigations in the air cargo and passenger industries in several jurisdictions.
Defending senior executives in auto parts-related investigations.
Secured dismissal of purported multi-billion dollar collusion claim brought by the NFL Players Association.
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).
Defeated defamation claims at pleading stage under California Anti-SLAPP statute. Troy Group, Inc. v. Tilson, 364 F. Supp. 2d 1149 (C.D. Cal. 2005).
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.
Defending a large European manufacturer of power cables in a criminal antitrust investigation by the DOJ.
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.
Represent several Japanese and European manufacturers of automotive parts in investigations of alleged anticompetitive activity.
National Counsel to Eli Lilly and Co. defending products liability and consumer protection claims related to its antidepressant Cymbalta.
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.
Defended claims threatened against a technology company in the US and the UK, involving alleged SOX whistleblower protections and unlawful detriment claims.
Representation of two entities within a multinational oil and gas group in a dispute against a consultancy company relating to the unenforceability of a consultancy agreement. Stakes are in excess of US$100 million.
Representation of a major European oil and gas company in connection with a dispute with a Latin American independent over a joint operating agreement relating to development of a natural gas field in Bolivia.
Represented Bertelsmann, Inc. in multi-district antitrust class action litigation alleging price-fixing and other violations of antitrust laws with respect to digital music.
Represented Universal Studios in obtaining the dismissal of a high-profile negligence action brought by a Maury Show guest in New York state court.
Advised Cartier in an in rem action in the United States District Court for the Eastern District of Virginia to recover more than 100 infringing CARTIER domain names.
In persuading an appeals court to treat as non-binding an adverse 2:1 arbitration decision. 335 F.3d 742 (8th Cir. 2003).
Representing a high-profile media entity in a U.S. Department of Justice investigation of business practices in the Middle East.
Represented a leading industry coalition in the rulemaking proceeding on the whistleblower provisions of the Dodd-Frank Act.
Advised one of the 300 largest companies in the world on a major DOJ and SEC investigation of potential FCPA violations in India, Latin America and elsewhere.
All the major domestic oil and gas trade associations in defending multiple ongoing district court and court of appeals lawsuits raising environmental challenges to continued exploration and development in the Gulf of Mexico and elsewhere.
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.
Regularly represent commercial companies in boundary disputes and frequently advise multinational oil companies on both land and maritime boundary questions that arise when sovereign states offer concession or production-sharing contracts to foreign oil companies.
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.
Representation of a Lithuanian petrochemicals company as co-counsel in an ad hoc insurance arbitration against various UK underwriters arising out of property damage and business interruption claims exceeding US$150 million.
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.
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.
Representation of Corbis Corporation in numerous copyright enforcement actions to enforce rights in images licensed by Corbis.
SDG&E in connection with a FERC and appellate court proceeding regarding congestion revenue rights in the California ISO.
Covington successfully represented Xerox Corporation’s pension plan in this ERISA case in which the Court held that a plan administrator’s reasonable interpretation of the plan is entitled to deference even if the administrator’s initial interpretation was erroneous.
Successful defense of putative nationwide class action for race discrimination on behalf of financial advisors.
Covington successfully represented CBS and NBC Television Affiliates in this case involving the FCC’s policy on broadcast of "fleeting expletives." The Supreme Court held that the agency’s policy violated the Due Process Clause, an argument emphasized in Covington’s brief for the television stations.
Represented Raycom Media in obtaining a favorable settlement of a lawsuit brought against the City of Cleveland when the mayor issued a formal edict barring all city officials from speaking with WOIO-TV, a Raycom-owned CBS affiliate, after the station aired a documentary critical of the mayor.
Represented a Fortune 15 global company in a long-running and widely publicized FCPA investigation at DOJ and the SEC regarding conduct in Mexico and elsewhere. This case presents cutting-edge issues in the FCPA space relating to jurisdiction and the substantive reach of the statute.
Engaged by a Fortune 500 Life Sciences company to coordinate the investigation of suspected FCPA violations in various countries, including Brazil, and to advise the company’s Internal Audit Department on conducting FCPA audits to ensure compliance.
Representation of New Skies in an ICC arbitration awarding relief of more than US$150 million to our client for a defective communications satellite.
Represented Expedia in multiple national antitrust class actions relating to hotel bookings.
Successful defense of Pfizer in both the district court and the court of appeals on a series of claims by a relator concerning Genotropin.
Armstrong World Industries, Owens Corning, and other Fortune 500 corporate policyholders in arbitrations against their respective liability insurers, for asbestos-related and other losses.
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.
Represented Union Pacific Railroad Company in multidistrict litigation alleging price-fixing of freight fuel surcharges.
Represented numerous food and cosmetics companies in responding to demand letters and class actions under the California Consumer Legal Remedies Act and Unfair Competition Law arising out of alleged false and misleading statements on labels and marketing materials.
In a unanimous decision, the Supreme Court vacated a ruling that had gone against our client Fifth Third Bancorp in an ERISA case concerning Employee Stock Ownership Plans (ESOPs). The Court held that ESOPs are subject to rules designed to weed out meritless stock-drop cases at an early stage of the litigation.
Representation of UBS Financial Services in an employment discrimination class action brought on behalf of minority financial advisers.
A Korean infrastructure company has asked us for assistance in recovering a substantial arbitral award in Mexico, which the Mexican government is challenging.
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.
Represented Pixar and Disney in multi-defendant antitrust class actions alleging unlawful agreements among certain Silicon Valley firms and animation studios to limit their recruiting of each other’s employees.
Persuaded IRS to drop examination of certain transfer pricing payments for use of intangibles involving hundreds of millions of dollars of payments.
We represent a major European carrier in the European Commission’s container liner shipping investigation into alleged collusion/abuse of dominance.
Represented Microsoft in connection with Cisco’s appeal against the European Commission’s decision to approve Microsoft’s acquisition of Skype.
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).
Representation of Microsoft, Expedia, and Trip Advisor in the U.S. and Europe in connection with investigations regarding Google’s abusive search-related conduct.
Covington scored a major victory for Hoffmann-La Roche when, for the second time, the firm convinced the New Jersey Appellate Division to reverse a 2010 state court verdict in a case regarding side effects of the manufacturer’s drug Accutane. Covington has prevailed in all thirteen appeals in the Accutane litigation and has obtained reversals of all six adverse jury verdicts that have received appellate review.
Representation of Amarin in the first known reversal of an FDA denial of a 5-year period of new chemical entity (NCE) exclusivity since the enactment of the Hatch-Waxman Amendments in 1984, in connection with Amarin’s Vascepa drug for lowering triglyceride levels.
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.
Representation of Ringling Bros. in a petition for certiorari to the United States Supreme Court in an important trademark dilution case involving the mark THE GREATEST SNOW ON EARTH.
Representation of Chemical Manufacturers Association, now the American Chemistry Council, in connection with EPA revisions to the NPDES and pretreatment regulations under the Clean Water Act. The litigation and negotiations with EPA resulted in substantial changes in these regulations.
Represented a global electronics manufacturer concerning all aspects of the European investigation into alleged collusion in TFT-LCD (1&2).
Represented a major financial services company in an investigation by the FTC of alleged exclusionary conduct with no action being taken against our client.
Represented a global electronics manufacturer in the European investigation into alleged collusion in DRAM.
Represented a major U.S. transportation company in a DOJ investigation with no action taken against our client.
Represented technology firm in connection with a FTC investigation of a standard setting organization.
Represented international video game publisher in copyright infringement claims by major record labels and publishing companies regarding licensing of sound recordings and compositions. Successfully resolved all claims without litigation.
In obtaining a substantial award in an arbitration against the California Independent System Operator.
Defending 49ers in class action antitrust challenge to its policies governing the printing of pdf copies of game tickets (Kazemzadeh v. San Francisco 49ers).
Representation of sanofi aventis in a trademark infringement and false advertising suit involving its FERRLECIT product and Watson Pharmaceutical’s use and advertising of NULECIT.
Representation of Samsung Electronics in numerous patent litigation matters in both U.S. District Courts and the U.S. International Trade Commission, involving technologies such as DLP televisions, LED’s, MLC flash memory, printer software, tablets and smartphones.
Representation of Rosie O’Donnell in an action in the United States District Court for the District of Oregon asserting trademark and right of publicity claims based on the ROSIE name and logo against a radio station using ROSIE as the station name and a very similar logo.
Representation of Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., and Samsung Networks, Inc. against claims brought by CCP Systems alleging copyright and patent infringement filed in the District of New Jersey.
Representing Samsung in defending copyright and patent claims concerning printer software.
Represented Samsung in consolidated antitrust price-fixing and deceptive practice class actions involving liquid crystal displays.
Represented Samsung in defeating right of publicity action brought by Olympic athletes.
Representation of Microsoft in connection with its complaint regarding the anticompetitive patent licensing practices of Motorola Mobility.
Representation of a major Silicon Valley company in seeking insurance for substantial losses arising out of computer fraud schemes.
Representation of a major electronics company concerning all aspects of the European investigation into alleged collusion in TFT-LCD.
Representation of a leading internet broker as complainant in a DOJ investigation of restrictive multiple listing service access rules that resulted in a consent decree preserving the client’s ability to compete.
Won a jury trial for a major credit card firm, defending claims based on race and national origin discrimination; and he obtained an award of $265,000 in attorneys' fees against the law firm of plaintiff's counsel.
American Petroleum Institute as an amicus curiae in a U.S. Supreme Court case concerning an antitrust challenge to a refining and marketing joint venture.
Representation of a global consumer products company in connection with recognition and enforcement matters arising out of a favorable ICC award issued in the United States, a related U.S. confirmation ruling, and conflicting judicial proceedings in Brazil brought by joint venture partners who are dissatisfied with the ICC arbitration award.
Representation of Samsung concerning all aspects of the European investigation into alleged collusion in DRAM.
Representation of respondents A-Data, Chipsbank, Afa Technologies, Power Quotient International (PQI), Skymedi, and Corsair in the ITC Section 337 Investigation Certain Flash Memory Controllers, Drives, Memory Cards and Media Players.
Representation of Newmont Mining in related ICSID and Stockholm Chamber arbitrations against Uzbekistan concerning termination of rights to exploit mineral resources.
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)
Represent Sony Music Entertainment in matter involving contract and intellectual property claims by former music manager regarding 70’s rock act.
Representation of a major U.S. insurance company in respect of potential claims against the Argentine Republic under the U.S.-Argentina bilateral investment treaty (settled).
Represented company in DOJ investigation of employee recruiting practices.
Defended the 2011 lockout against the antitrust claims in Brady v. NFL; negotiated a comprehensive 10-year CBA providing labor peace.
Representation of Ariba in securing a jury verdict, including a finding that two patents involving online auction technology were valid and infringed.
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.
Salix Pharmaceuticals in its licensing agreement with Alfa Wasserman S.p.A., by which Salix has licensed rights in the United States and Canada to an extended intestinal release (EIR) formulation of rifaximin.
Represented the National Football League in a copyright infringement action against a satellite carrier, successfully obtaining statutory damages and a permanent injunction prohibiting satellite retransmission of game telecasts originating in the United States to locations outside the United States.
Defending NFL in class action and direct antitrust challenges to its trademark licensing arrangements (American Needle v. NFL and Dang v. NFL).
Defending NFL in multi-district class action antitrust challenges to its broadcast distribution arrangements for out-of-market games (In re Sunday Ticket Antitrust Litigation).
Won dismissal of a class action antitrust complaint alleging conspiracy to restrain market for “likenesses” of former NFL football players (Washington v. National Football League).
Represented the National Football league in a class action challenging the League’s licensing arrangements for the use of team marks and logos on apparel.
Secured the dismissal, affirmed on appeal, of claims that the League had breached certain duties to players who had lost substantial sums as the result of fraud by an investment advisor.
Representation of the National Football League in multiple federal court cases to enjoin the unauthorized retransmission and public performance of NFL game telecasts across U.S. borders via satellite and the Internet and within U.S. borders where games are locally blacked-out, or otherwise unauthorized.
Represented the NFL in securing the dismissal of class action claims brought by retired players alleging a conspiracy to restrain a market for the sale of their images and likenesses.
Successfully defended the NFL’s college draft eligibility rules from antitrust challenge in Clarett v. NFL (2d Cir.) and in separate litigation secured recovery from insurers for the firm’s defense costs in the antitrust litigation.
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.
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).
Representing Asiana Airlines in a National Transportation Safety Board (NTSB) investigation into the Asiana Airlines Flight 214 accident at San Francisco Airport.
Representation of GlaxoSmithKline in global settlement of three investigations relating to off-label promotion, safety reporting and price reporting.
Obtained dismissal with prejudice of two cases against pharmaceutical companies alleging false advertising, unfair competition, and fraud claims. Jarrett v. InterMune (9th Cir. 2011); Ostergard v. Adams Respiratory Therapeutics, Inc. (C.D. Cal. 2008).
An energy company in obtaining a global nine-figure resolution from its historic CGL insurers for widespread environmental cleanup liabilities at refineries and other operational sites.
Representation of one of the largest providers of telecommunications services in Asia in a DOJ investigation of alleged collusion with respect to termination rates charged to US carriers. The government ultimately closed the investigation and took no action against our client.
Representation of Microsoft in defeating copyright infringement claims concerning Bing search engine at pleading stage. Blues Destiny v. Microsoft Corp. (N.D. Fla. 2010).
Representation of Microsoft in patent litigation matters involving a variety of software and related technologies, including obtaining a transfer out of the Eastern District of Texas in a case relating to video conversion technology.
An oil refinery in a significant business interruption insurance claim that resulted in a multi-hundred million dollar recovery for the insured.
Representation of numerous clients, including Microsoft, Verizon, New Skies Satellites, LIN Television, American Automobile Association and Ourisman Dodge in UDRP domain name proceedings.
Representation of Microsoft as a defendant in trademark infringement suits challenging keyword advertising practices and alleging reverse confusion.
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.
Counsel to Merck Animal Health defending purported class action claims related to its animal diabetes medication, Vestulin.
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.
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.
Represented Mohamed Bin Hammam, former president of the Asian Football Confederation, in his successful challenge before the Court of Arbitration for Sport to his FIFA-ordered lifetime ban from football (soccer) for alleged vote-buying in FIFA’s presidential election.
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.
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.
Serving as national product liability counsel to Microsoft in preparation for the defense of claims involving virus and worm attacks or potential cyber-terrorism involving our client's array of software products.
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.
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.
Covington successfully represented Samsung in a massive set of antitrust price-fixing cases. The U.S. Court of Appeals for the Seventh Circuit held that virtually all of the claimed damages were barred by the Foreign Trade Antitrust Improvements Act.
Representing Morgan Stanley in a New York lawsuit filed by Lloyd’s disputing coverage under a financial institutions professional liability insurance policy.
Representation of luxury goods makers Montblanc and Coty in trademark infringement litigation in federal district and appellate courts resulting in injunctive relief against unauthorized sellers of imported gray market goods.
Obtained more than $1 billion in recoveries for Dow Corning through a number of large settlements in court-appointed mediation related to breast implant liabilities.
Representation of a European gas utility company in a large ICC arbitration valued over US$2 billion against a North African state-owned oil company relating to a complex contract price revision dispute.
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.
Bribery-related investigations and related counseling for a multinational company with operations in Europe and Asia.
Won a multi-million dollar trial verdict for a government contractor arising from the en masse departure of 25 employees from the contractor to a competitor. The verdict was affirmed on appeal.
Served as lead MDL counsel for Boehringer Ingelheim in the Pradaxa products liability litigation.
Won defense verdict for Salix following two-week jury trial in New York State Court. Collaboration partner Napo alleged failures to use “commercially reasonable efforts” to bring licensed drug to market. Despite seeking $260 million and contract termination, Napo recovered nothing.
Representing Plaza Bank in the U.S. Justice Department’s “Operation Choke Point” initiative that focuses on banks doing business with third-party payment processors and pay-day lenders and alleges violations of FIRREA.
Represented plaintiff in successful rehearing in Toney v. L'Oreal USA, Inc., 406 F.3d 905 (7th Cir. 2005), concerning Copyright Act preemption of state rights of publicity.
Represented Eli Lilly in a consumer fraud class action alleging that the labelling for one of its prescription medicines was inadequate and misleading.
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.
In complex proceedings before the Copyright Arbitration Royalty Panel, to allocate royalties among owners of TV programming rights.
Represented media companies in class actions alleging improper collection and/or disclosure of user information.
An oil and gas company and its executive in connection with congressional hearing to examine absence of “price trigger” conditions on royalty relief for deepwater OCS leases.
Represented The Procter & Gamble Corporation in California, New York, Florida, and Minnesota class actions challenging the labelling of a wipes product as flushable.
Defending a Korean memory chip maker in its suit involving seven patents relating to semiconductor manufacturing processes. As a result of our aggressive and strategic approach, the case settled well prior to trial on very favorable terms to our client.
Represented Owens Corning in eight Wellington Agreement arbitral or ADR proceedings, two federal court cases, and one state court lawsuit against numerous insurers seeking coverage for asbestos non-products claims.
Representation of Purdue Pharma in class action litigation in multiple states alleging violations of consumer protection laws in the marketing of OxyContin.
Plextronics in patent infringement litigation with Konarka relating to organic photovoltaics.
Representing Samsung Electronics in an IP litigation against Enterprise Systems Technologies and succeeded in persuading the Texas district court judge to stay the entire district court case.
Representation of Out RAGE, LLC in a trademark infringement action against Barnett Outdoors, LLC in U.S. District Court in the Northern District of Georgia in connection with Barnett’s use of the RAGE trademark for a crossbow.
Representing a Korean engineering and construction company in its continuing efforts to recover nearly $400 million, which it won in an ICC arbitration almost 10 years ago, against a Mexico government owned oil & gas company.
Litigating a matter before the Tax Court involving the taxable nature and deductibility of meal expenses on behalf of the Boston Bruins. The matter being litigated 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.
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.
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.
Representation of major Japanese electronics and software company in defense of patent infringement claims at the ITC involving combination of software and hardware for graphical interfaces and systems for three dimensional pointing.
Representation of Parfums Givenchy in federal court litigation to enjoin over 40 wholesalers and retailers from distributing gray market perfume products bearing copyrighted designs not authorized for importation into the United States.
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.
Representation of Public Broadcasting Service (PBS) in a trial of false advertising claims brought by PBS challenging a video marketer’s use of the phrase “public television presents” in the Eastern District of Virginia.
Representation of Public Broadcasting Service in multi-party litigation before the Copyright Royalty Board seeking to recover public television's share of more than $750 million in royalties paid by cable operators for the distant retransmission of broadcast programming.
Counsel to pharmaceutical and biotech clients defending individuals’ claims arising out of their participation in our clients’ clinical trial programs.
Representation of American Institute of Physics and the American Physical Society against false advertising claims based on their comparative surveys of scientific journals that were tried in the Southern District of New York.
Representation of American Express in the United States District Court for the Northern District of California against claims by Visa that Advanta, in conjunction with American Express, used Visa marks beyond the scope of a trademark license and contrary to the Lanham Act.
Represented the American Athletic Conference (then known as the Big East Conference) in matters related to college conference realignment. In all, Covington has secured for the Conference more than $65 million in exit/cancellation fees.
Represent the American Athletic Conference in a putative antitrust class action challenging NCAA and Conference rules on financial aid limits for student athletes. This lawsuit challenges the very existence of amateur collegiate athletics.
Covington successfully represented Eli Lilly and Company in a significant commercial dispute with a business partner. The U.S. Court of Appeals for the Ninth Circuit affirmed the District Court’s denial of Amylin’s motion for a preliminary injunction that would have limited the medications that Lilly’s diabetes sale force could promote.
Representation of Merck in a class action alleging injuries from a product manufactured to regulate diabetes in animals.
Representation of multiple clients in ICSID arbitrations arising out of the expropriation of their investments in nationwide FM-frequency radio-broadcasting licenses in Hungary.
Representation of AK Steel in a patent infringement action relating to aluminum coated boron steel products where we obtained a jury verdict in favor of our client.
Covington obtained a ruling from the appellate court that Lilly was entitled to summary judgment on plaintiffs’ claims and that the “third party payor” plaintiffs’ claims related to Zyprexa pricing could not proceed as a class action, as initially certified by the district court.
Representation of ASM Modular in false advertising litigation against a competitor in the modular flooring business in the District of Maryland.
Representation of Armani in trademark litigation in the United States District Court for the Eastern District of Virginia to recover the ARMANI.COM domain name from a man whose initials and last name are A.R. Mani.
Representation of Warner Chilcott in successfully defending Asacol®, the leading treatment for ulcerative colitis, against ANDAs seeking approval to market a generic version of the drug.
Managed anti-corruption due diligence and follow-up with respect to Latin America sales channels for a leading pharmaceutical company, as well as providing general anti-corruption counseling with respect to the company’s Brazilian affiliate.
Representation of American Petroleum Institute against false advertising claims based on its protocol for certification of branded motor oils that were tried in a preliminary injunction proceeding in the Southern District of New York.
American Petroleum Institute as an amicus curiae in a U.S. Supreme Court case concerning the alleged “constructive” termination of a franchisor who sued under the PMPA.
Representation of a technology company in antitrust litigation and a related arbitration concerning obligations to license technology.
Representation of a semiconductor manufacturer in antitrust licensing disputes.
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.
Representation of Adams Laboratories in a false advertising action challenging pharmaceutical advertisements by Carolina Pharmaceuticals in the Southern District of New York.
Represented a manufacturer of industrial equipment in obtaining directors and officers settlements exceeding $30 million.
In an ICC arbitration relating to executive compensation.
Represented Hoffmann-La Roche Inc. in defending mass tort claims involving the prescription acne medication Accutane. In addition to considerable trial level success, Covington has obtained thirteen consecutive appellate victories for Roche in the Accutane litigation.
Assisting AbbVie in structuring and negotiating a novel collaboration with the Google-backed life sciences start-up company Calico to form a $1.5 billion to fund a program focused on aging and age-related diseases.
Representation of The American Automobile Association, Inc. (AAA) in numerous federal and state court actions and arbitration proceedings against third party infringers of AAA’s famous marks.
Representation of a leading online company through advising on instituting global policies and procedures to comply with law enforcement demands for data consistent with best practice privacy principles.
Represented Johnson & Johnson and McNeil Consumer Healthcare in consumer class actions arising out of recall of children’s medicines.
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.
Representing Citibank, N.A., and Citigroup in connection with negotiation of OCC and Federal Reserve consent and civil money penalty orders related to Citibank, N.A.’s foreign exchange (FX) trading business.
Negotiated on behalf of a major health care network a class action FLSA consent judgment with the U.S. Department of Labor relating to overtime that avoided liquidated damages and civil money penalties while foreclosing any private right of action.
Representation of Chloé in trademark litigation in the United States District Court for the Middle District of Florida concerning defendant’s use of the CHLOÉ mark for women’s clothing offered for sale on its website and for a women’s clothing store.
Representation of a major pharmaceutical company in its response to a Chinese government commercial bribery investigation in China.
Conducting internal investigation on behalf of a multinational pharmaceutical company into whistleblower allegations of corruption at its Chinese subsidiary.
An energy company in defending numerous toxic tort claims relating to alleged benzene emissions from an oil refinery in Texas.
Representation of AstraZeneca in its strategic diabetes alliance with Bristol-Myers Squibb, including with respect to collaboration arrangements for the development and commercialization of Amylin Pharmaceuticals’ portfolio of diabetes products following BMS’s acquisition of Amylin in a deal valued at $7 billion (approximately half the cost of which was borne by AstraZeneca).
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.
Represent petroleum refiner in dispute under an asset purchase agreement regarding legacy contamination at a petroleum refinery.
Representation of AT&T in a trial in the District of Maryland concerning claims by a competitor that AT&T’s advertisements for telephone calling cards were misleading.
In securing a stay of antitrust and related class-action claims in deference to arbitration clauses in credit-card agreements. 361 F.Supp. 2d 237 (S.D.N.Y. 2005).
Representation of Bacardi in its defense of a false advertising lawsuit concerning HAVANA CLUB rum in the District Court of Delaware.
Representation of Atari Games in litigation involving home video game trademarks in the United States District Court for the Northern District of California.
Represented automotive parts suppliers in antitrust class actions alleging price-fixing for automotive wire harness systems and other parts.
Lead trial and arbitration counsel for BP in insurance coverage disputes arising from the Deepwater Horizon incident and resulting oil spill in the Gulf of Mexico.
Covington successfully represented Chiquita against a series of Alien Tort Statute claims filed by more than 6,000 individual plaintiffs in Colombia. The U.S. Court of Appeals for the Eleventh Circuit dismissed the cases for lack of jurisdiction, agreeing that they involved conduct committed entirely abroad.
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.”
Representation of Cartier in an in rem action in the United States District Court for the Eastern District of Virginia to recover more than 100 infringing CARTIER domain names.
Covington successfully represented the National Football League in a class-action antitrust case in which the NFL Players Association and ten prominent players sought to enjoin the NFL’s lockout of its player-employees. The U.S. Court of Appeals for the Eighth Circuit ruled for the National Football League, vacating the injunction entered by the District Court on the ground that the injunction violated the Norris-LaGuardia Act, which prohibits judicial interference in labor disputes.
Representation of Bradley Pharmaceuticals in trademark litigation, including a preliminary injunction hearing, involving the KERALAC mark in the United States District Court for the Eastern District of Pennsylvania.
Representation of Business Software Alliance and software publishers in preparation of amicus briefs filed in appellate and Supreme Court cases involving seminal copyright issues, including the Napster, AOL and Grokster cases.
Tried and won a class action lawsuit alleging “pattern or practice” discrimination on the basis of age in connection with a corporate reduction in force.
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.
Represented a number of utility companies in obtaining more than $200 million in environmental and toxic tort settlements.
Represented railroad clients in obtaining more than $150 million through scores of settlements for FELA, environmental, and employment practice claims.
Represented Kansas City Power & Light Company in litigation over coverage for property damage caused by a boiler explosion.
Representation of Exxon Corporation in New York-seated arbitration and related judicial proceedings against its insurers for losses arising from the Valdez oil spill, resulting in a reported recovery of US$780 million.
Prepare and submit amicus brief to the Supreme Court on behalf of legislators in Utility Air Regulatory Group v. EPA, 134 S. Ct. 2427 (2014).
Defeated an effort by a class of retirees to block Verizon’s purchase of an annuity contract to settle $7.5 billion in pension liabilities.
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.
Obtained a court order for Verizon reforming a $1.7 billion drafting error in a pension plan formula. This was the first court order correcting a scrivener’s error in an ERISA plan.
Represented United Technologies in settling a criminal and civil export controls matter with the United States Department of Justice and Department of State.
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.
Provided UK Bribery Act advice to a large health insurance company regarding operations in Brazil.
Participated extensively in the consultations leading to the enactment of the 2010 UK Bribery Act.
Representation of a joint venture of Newmont Mining and Sumitomo in an UNCITRAL arbitration against Indonesia relating to the government’s attempt to terminate rights to copper and gold resources under a Contract of Work.
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.
Achieved dismissal on summary judgment of a putative class action against Hulu alleging violation of the Video Privacy Protection Act. The complaint alleged that Hulu disclosed to third parties the video viewing information of individual Hulu users.
Achieved dismissal of a putative class action against The Huffington Post alleging violations of the Telephone Consumer Protection Act. The suit asserted unlawful transmission of unsolicited text messages.
Representing one of the world’s largest mining companies in a contract and treaty law dispute against an African government relating to the violation of stabilization and other comments in a development agreement and related acts of indirect expropriation.
Co-lead counsel for POM Wonderful in landmark advertising litigation with FTC concerning health claims for food products.
We represented a global manufacturer of advanced medical devices in concurrent investigations in the House and Senate regarding reported injuries to patients. The investigation included parallel regulatory inquiries and significant litigation risks.
Counseling clients on compliance with European Union and national requirements regarding the use of “green dot” labels related to product disposal, “CE” labels on prototype products, and use of national languages on product labels.
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.
Obtained dismissal of a wrongful death case brought against a major government contractor for alleged gamma radiation exposure from a cargo screening device it manufactured for national security/border protection purposes. Early in the case, and only after minimal discovery, we successfully asserted the government contractor defense and convinced the trial court that the government had meaningfully reviewed and approved the product’s design specifications, that the product conformed with those specifications, and that the contractor had no knowledge of any product risks or hazards unknown to the government.
Represent debtor in chapter 11 case with respect to insurance matters in connection with breast-implant liabilities.
Representation of a mining company in a Department of Justice investigation concerning anti-corruption (FCPA) matters and related civil RICO litigation.
Advised an oilfield services company on the design and implementation of a corporate responsibility program for its Angolan operations following an FCPA enforcement action.
Obtained dismissal of wrongful death claims against a military support contractor following an insurgent attack on a supply convoy in Iraq. After the district court refused to dismiss the case, we successfully brought an interlocutory appeal and persuaded the court of appeals that the Defense Base Act provided an exclusive remedy and barred the employee claims.
Persuaded a district court to dismiss a tort suit brought against a large logistical services contractor for injuries sustained by a soldier on a military base in Iraq. The district court and the court of appeals agreed that the case raised political questions because of the involvement of the military that were outside the scope of judicial review.
Representing a national hotel company in litigation over coverage for property damage and business income losses caused by Hurricane Katrina.
Representation of Hewlett-Packard in patent litigation matters involving blade servers, modular computer systems, network gateway devices, and software for mobile devices.
Advised a large pharmaceutical company in connection with litigation involving the alleged infringement of patient privacy by a pharmacy chain that collects personal information about prescription drug users.
Successfully argued a whistleblower retaliation case arising under the False Claims Act in the U.S. Court of Appeals for the Fourth Circuit on behalf of a pharmaceutical company after winning dismissal at summary judgment stage.
Won summary judgment and Ninth Circuit affirmance of a whistleblower/discrimination case brought against a major pharmaceutical company.
Representation of Yahoo! in a trademark infringement suit in the United States District Court for the Central District of California in which Yahoo! was accused of infringing the mark “Street Buzz” by using the term on its website in connection with web-based video segments.
Young v. Verizon’s Bell Atl. Cash Balance Plan, __ F. Supp. 2d __, 2009 WL 3677350 (N.D. Ill. Nov. 2, 2009). For Verizon, we secured a court order reforming a $1.7 billion drafting error in a pension plan formula. This was the first court order correcting a scrivener’s error in an ERISA plan.
Investigating allegations of fraud, bribery, and collusion in a contract financed by the World Bank and representing the client before the World Bank Integrity Vice Presidency in anticipation of a potential debarment action.
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.
Representing Wachovia Bank, N.A. before the U.S. Supreme Court in the landmark preemption case, Watters v. Wachovia Bank, N.A., which held that federal preemption barred Michigan State officials’ efforts to regulate a mortgage subsidiary of Wachovia Bank.
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.
Representing Merck in two related London arbitrations involving insurance coverage for claims relating to Vioxx.
Represented Wells Fargo Bank in consumer class actions under the laws of multiple states challenging fees, disclosures, and other banking practices.
Representation of Wells Fargo Bank in numerous consumer class actions brought in state and federal courts in California invoking the state’s false advertising statutes with respect to the bank’s sales of products and services.
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.
Dismissing a purported class action antitrust suit brought by retired players alleging a conspiracy to restrain a market for the sale of their images and likenesses.
Covington successfully represented Wachovia Bank in a National Bank Act preemption case. In ruling for Wachovia, the Supreme Court held that the state law at issue was preempted because national bank operating subsidiaries are supervised exclusively by the federal Office of the Comptroller of the Currency.
Represented Valeant Pharmaceuticals Int’l, Inc. in antitrust class action alleging wrongful exclusion of generic competition.
Representation of Hewlett-Packard in a trade secret case involving electronic design automation (EDA) technology.
Represented Chloé in trademark litigation in the United States District Court for the Middle District of Florida concerning defendant’s use of the CHLOÉ mark for women’s clothing offered for sale on its website and for a women’s clothing store.
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.
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).
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.
For New Skies, a spin-off of Intelsat, we have provided FCC advice and also have handled arbitration, litigation, export control and intellectual property projects.
Won a Supreme Court victory for our client Harris Trust and secured ruling that ERISA permitted a fiduciary to sue a non-fiduciary party in interest that had participated in a prohibited transaction. Harris Trust and Sav. Bank v. Salomon Smith Barney, Inc., 530 U.S. 238 (2000).
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).
Advised XM Satellite Radio on an insurance claim arising out of the solar array anomaly in its two Boeing 702 satellites and have advised a leading aerospace insurance broker on the wording of satellite-in-orbit policies.
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.
Representation of U.S. energy companies, which were then subsidiaries of E.ON, in an ICSID arbitration against Argentina arising out of measures taken by the government against the claimants’ investments in gas-distribution companies in Argentina, resulting in an award for damages (annulment proceedings pending).
Representation of the Kingdom of Jordan in securing dismissal of ICSID denial of justice claims brought by a Turkish contractor relating to the collapse of a dike in the Dead Sea. In its award, the tribunal went on to state that, even if there had been jurisdiction, it was “unconvinced” by claimant’s denial of justice claim.
Representation of Tidewater, a leading provider of maritime support services to the energy industry, and its subsidiaries in a pending ICSID arbitration against Venezuela arising out of the expropriation of 15 vessels and other investments in Venezuela.
Representation of 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 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.
Counsel for AstraZeneca in the Seroquel litigation, including obtaining a defense jury verdict in the first case to go to trial.
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 Hess and Tullow affiliates in a pending ICSID Additional Facility conciliation proceeding against Equatorial Guinea arising out of tax measures that the claimants allege to be in breach of a contract between the parties.
Representation of a Lithuanian petrochemicals company in a an LCIA arbitration against a U.S. contractor, in a dispute arising out of alleged breaches of a project management agreement.
Representation of Maxim Integrated Products in trade secret litigation involving analog-to digital converters.
Representation of Metal-Tech, a metals refining company, in an ICSID arbitration against Uzbekistan arising out of the failure of a joint venture with state-owned enterprises.
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 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.
Represented the Association of Public Television Stations before the D.C. Circuit, in successfully defending an FCC order providing that public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements.
Representation of Spanish Investors in Yukos Oil Company, in a Stockholm chamber of commerce arbitration against Russia, relating to its seizure of Yukos, one of the world’s largest oil and gas companies. The tribunal issued an award in favor of our clients that valued Yukos at more than US$60 billion at the time the company was nationalized.
Representation of a major European shipbuilder in successfully defeating claims brought in an ICC arbitration in New York by a U.S. engine supplier for alleged breaches of contract and intellectual property rights relating to stealth-enabled engine technology for warships.
Successful representation of minority investors in the Yukos Oil Company in an SCC arbitration against the Russian government arising from the government’s expropriation of the company.
Representation of Kyocera Corporation, successfully obtaining a summary judgment dismissing over US$150 million in damages claims and then successfully defending that award in a set-aside action in the U.S. federal courts.
An E&P company in litigation challenging an order requiring it to spend many millions of dollars to permanently plug an exploratory well on an offshore lease, winning an appellate decision vacating the order.
Representation of a major software company in the successful mediation of multi-million dollar software errors and omissions insurance claims.
Represented the American Petroleum Institute in a challenge to federal renewable fuel standards under the Clean Air Act that resulted in the U.S. Court of Appeals for the District of Columbia Circuit ruling in favor of our client.
Developed a litigation strategy for several members of an industry federation to challenge an advertising ban imposed by an EU directive for violations of the free speech provisions of Article 10 of the European Human Rights Convention.
Successfully defended 20th Century Fox Film Corporation and Chernin Entertainment in a federal copyright infringement lawsuit filed in the Central District of California. After extensive litigation, the case settled, with a complete walkaway and limit on future suits.
In successfully resisting U.S. enforcement of one of the largest ICC awards in recent years, following an arbitration handled by other counsel. 458 F.3d. 172 (3d Cir. 2006).
In an American Arbitration Association (AAA) arbitration brought by its joint venture partner and co-owner.
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.
Providing litigation counsel to several industry trade associations, including Consumer Healthcare Products Association (CHPA), Pharmaceutical Research and Manufacturers of America (PhRMA), and Distilled Spirits Council of the United States (DISCUS).
Representation of subsidiaries of Tidewater, Inc., the world’s leading provider of maritime services to the oil industry, in an ICSID arbitration arising out of the expropriation of certain investments in Venezuela.
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).
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.
Counseling companies with rising volumes of asbestos and silica liability claims in the energy, automotive, construction, mining, respiratory protection, and railroad industries.
Achieved a favorable settlement on behalf of a telecommunications client filing a claim against a former employee accused of breaching post-employment restrictive covenants and confidentiality obligations, as well as misappropriating trade secrets.
In persuading the courts to compel arbitration of claims relating to alleged wrongs by a brokerage firm. 394 F.3d 444 (6th Cir. 2005).
Challenged solvent schemes of arrangement in the English High Court, which were proposed by insurance carriers and sought to extinguish coverage for future policyholder claims.
A major oil company in a SEC investigation into activities in a Middle Eastern nation.
Representation of A.P. Moeller-Maersk in a SCC arbitration concerning a licensing dispute for technology related to reduction of shipboard emissions.
After five-month bench trial, won verdict of nearly $30 million on behalf of New Media Holdings in multinational corporate control dispute over ownership of Ukrainian television network.
Representation of Texas Instruments Incorporated (“TI”) as petitioner in an IPR proceeding relating to monolithic battery chargers. In a clean sweep victory in a patent office trial, the patent owner, Unifi Scientific Batteries (“USB”) ultimately requested judgment in TI’s favor. USB had sued TI in the Eastern District of Texas in March 2012, alleging infringement of its patent directed to monolithic battery chargers. In March 2013, Covington filed a petition on behalf of TI in the Patent Office seeking invalidation of 16 claims. One week before oral argument, USB filed a Request for Adverse Judgment, disclaiming all of the 16 challenged claims. In June 2014, the Patent Office granted the Request and entered the judgment, successfully ending the trial. Covington also represented TI in the co-pending litigation, which settled successfully.
Representation of Bockstar Technologies LLC as patent owner in an IPR proceeding brought by Cisco Systems Inc., challenging the validity of four patents related to routers, switches, and computerized telephony. Covington filed substantive initial responses for three of the four petitions. In decisions on February 2 and 3, 2015, the PTAB rejected one of the petitions in its entirety, and instituted only as to a single patent claim in a second petition—effectively eliminating half of Cisco’s petitions at a single stroke. The proceedings were terminated shortly thereafter as part of a global settlement.
Representation of Samsung Electronics Company, Ltd. as petitioner in nine IPR proceedings relating to mobile communications and network-enabled audio/video devices and players. Samsung prevailed in all nine of the IPR proceedings. After oral argument in two of the proceedings, the Board issued Final Written Decisions finding all challenged claims unpatentable. Black Hills requested adverse judgment on all challenged claims in five of the proceedings, and filed motions to amend to cancel the challenged claims in the remaining two proceedings.
In three decisions handed down the last week of April 2016, the Patent Trial and Appeal Board declined to institute a trial on two patents owned by client Elbit Systems Land and C4I Ltd. In November 2015, Hughes Network Systems, LLC filed petitions challenging claims in the two patents, which are directed to a novel interface in a cellular telephone network for converting between communication links using traditional telephony protocols and links using satellite-system protocols. In declining to institute trial, the PTAB’s decisions adopted reasoning from the February 2016 Patent Owner Preliminary Responses filed by Covington on behalf of Elbit.
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 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.
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.
Representation of JPMorgan Chase as petitioner in four CBM proceedings for patents owned by Maxim Integrated Products relating to secure electronic transactions, which were terminated by settlement of the co-pending litigation.
Representation of 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.
Representing Eli Lilly and Company as petitioner in an IPR proceeding challenging the validity of a patent owned by the Trustees of the University of Pennsylvania (“Penn”). In concurrent district court litigation (in which we also represent Eli Lilly), Penn alleges that its patent covers methods of using Eli Lilly’s biologic ERBITUX for treating cancer patients. A decision whether to institute trial is due in July 2016.
Representing Bristol-Myers Squibb Company, as patent owner in an IPR proceeding brought by Momenta Pharmaceuticals, Inc., challenging the validity of a patent covering the formulation of BMS’s biologic ORENCIA. We recently submitted the Patent Owner Response in this proceeding, in which a final written decision is expected from the Patent Trial and Appeal Board in January 2017.
SPI, owners of the famous STOLICHNAYA brand, secured a significant victory, defeating the Russian Federation’s nine-year battle to take SPI’s rights in the U.S. STOLICHNAYA trademark. STOLICHNAYA is one of the bestselling vodkas in the world. The U.S. Court of Appeals for the Second Circuit affirmed complete dismissal of all claims asserted against SPI by agents of the Russian Federation in the case of Federal Treasury Enterprise Sojuzplodoimport (“FTE”), et al. v. Spirits International N.V. (“SPI”), et al.
Represented an ExxonMobil subsidiary in an ICC arbitration against the Venezuelan state-owned oil company, PDVSA, resulting in a US$908 million award for breach of contract.
Representation of multiple petitioners, including The New York Times Company and CBS Interactive, in an IPR proceeding (and in seven inter partes reexamination proceedings) for patents held by Helferich Patent Licensing, LLC. The patents relate to cell phone messaging and were the subject of co-pending litigation in which the requesters were defendants. In March 2014, the PTAB provided another clean sweep IPR victory when it invalidated all 41 challenged claims of the patent. Following Covington’s argument in April 2015, the Court of Appeals for the Federal Circuit affirmed the PTAB’s decision, securing the clients’ victory.
Representation of Research Corporation Technologies, Inc., and licensees Harris FRC Corporation and UCB, as patent owner in an IPR proceeding, brought by a group of generic companies, challenging the patent claiming Vimpat®, UCB’s anti-epileptic drug. In January 2015, the Patent Trial and Appeal Board (“PTAB”) rejected the generics’ petition in its entirety, finding that the petitioners failed to establish a “reasonable likelihood” of showing unpatentability of any claim of the Vimpat® Patent.
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.
Covington also represents 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 trial has been instituted, and a final written decision is expected in October 2016.
Representing 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. A decision whether to institute trial is due in June 2016.
Representing Anacor Pharmaceuticals as patent owner in three IPR proceedings, brought by a Coalition for Affordable Drugs entity, challenging two Orange Book listed patents for KERYDIN, Anacor’s drug for treatment of onychomycosis. A final written decision is expected in February 2017.
Representing Biogen as patent owner in three IPR proceedings challenging patents covering Tysabri®, a biologic indicated for the treatment of multiple sclerosis. A decision to institute trial is expected in October 2016.
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.”
Represented a global bank in class actions involving antitrust, commodities fraud, and RICO claims relating to alleged manipulation of financial benchmarks, including the London Interbank Offering Rate (LIBOR), foreign currency exchange benchmarks, and ISDAFIX®
Counsel for Expedia in obtaining dismissal of all claims in MDL litigation.
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.
Representing Aristocrat Technologies Inc. in patent infringement litigation brought by IGT on an array of patents directed to gaming devices. On behalf of Aristocrat, Covington prepared and filed IPR petitions on seven patents, including one design patent. The design patent decision is due in the middle of September. The PTAB has instituted trial on all challenged claims in each of the other six patents. Covington also represents Aristocrat as the patent owner in four IPR proceedings initiated by IGT. Decisions whether to institute trial in these proceedings is expected in mid-December 2016.
Representing LifeCell Corporation as petitioner in an IPR proceeding challenging a patent owned by LifeNet Health directed to soft tissue graft compositions. Trial was instituted in March, with a final written decision due by March 2017, and the PTAB granted the patent owner’s request for adverse judgment in August 2016, cancelling all claims in the patent and handing our client LifeCell, a complete win.
Representing Knappco, a subsidiary of Dover Corporation, in an IPR against CHS Inc. regarding systems and methods to reduce the potential for unintentional mixing of liquid types in tank systems. In June 2016, the PTAB instituted proceedings on all claims on all grounds.
September 20, 2016
WASHINGTON—Global Investigations Review has named the Microsoft warrant access case as the winner of the “Most Important Court Case of the Year.” Covington served as co-counsel to Microsoft and helped secure a landmark win in the U.S. Court of Appeals for the Second Circuit. GIR also ranked Covington among the top 15 investigations practices in the world in its ...
September 12, 2016
LOS ANGELES—The Los Angeles Business Journal has recognized Aaron Lewis as one of the “Most Influential Minority Lawyers” in Los Angeles. The inaugural list names 40 “stellar minority lawyers in the LA region,” highlighting recent success in their respective areas of practice.
The Los Angeles Business Journal highlighted Mr. Lewis’s recent significant ...
September 12, 2016, Global Arbitration Review
Greg Lascelles and Alex Leitch are quoted in a Global Arbitration Review article regarding Lascelles’ recent arrival to Covington. “I am very excited to join this growing team,” says Lascelles.
According to Leitch, the financial services sector attracts significant client demand and Lascelles’ arrival is a “welcome addition” to the practice.
September 8, 2016, The New York Times
Arlo Devlin-Brown is quoted in a New York Times article regarding the Department of Justice’s decision to end its corruption case against Robert McDonnell. According to Devlin-Brown, “When a new legal standard is articulated by the Supreme Court and there’s a need to potentially retry the case, prosecutors make a very particularized assessment as to whether, No. ...
September 7, 2016, Covington Report
September 5, 2016
LONDON—Greg Lascelles has joined Covington as a partner in the European Dispute Resolution practice resident in the firm’s London office.
Mr. Lascelles has a broad litigation and arbitration practice covering a variety of industry sectors, with a particular focus on financial services. He advises hedge funds, private equity houses, asset managers, investment ...
August 30, 2016, Global Investigations Review
Global Investigations Review highlights Covington’s role in helping AB InBev secure a declination notice from the U.S. Department of Justice in an FCPA investigation regarding the company’s business partners in India. The Covington team was led by Steven Fagell, who worked with Lanny Breuer, Jason Criss, and Benjamin Haley on the matter.
August 22, 2016
SILICON VALLEY—The Daily Journal has named Covington partner Kurt Calia to its list of the “Top Intellectual Property Attorneys in California for 2016.” The list recognizes California lawyers who have “pushed technological progress forward.”
The Daily Journal highlighted Mr. Calia’s successful representation of Elbit Systems in a patent litigation involving the ...
WASHINGTON—Global Investigations Review has named Covington’s FCPA practice among Washington’s “elite,” the highest tier in its “Washington DC’s FCPA Bar” survey.
In its profile, GIR notes Covington’s “deep bench of high-level former prosecutors,” including former U.S. Attorney General Eric Holder; the last two former heads of the Criminal Division at the ...
August 19, 2016, Washington Internet Daily
Rob Kelner is quoted in a Washington Internet Daily article regarding the possible implications of the Backpage decision on Congress’ future subpoena power. According to Kelner, if the D.C. Circuit squashes the subpoena, “that would have a very dramatic effect, I think, because it's so extraordinarily rare for a congressional subpoena ever to be quashed under ...
August 15, 2016, Law360
August 12, 2016
WASHINGTON—Covington ranked 11th in Law360’s inaugural “Litigation Powerhouses” feature, a list of the top 50 litigation firms. Law360 chose firms based on the size of their litigation practice, the nature of firms’ litigation victories over a yearlong period, and new client matters.
In its profile of the firm, Law360 highlights Covington’s three consecutive ...
August 12, 2016, Law360
John Hall, Paul Schmidt, Michael Imbroscio, and Stephen Anthony are quoted in the Law360 profile of the firm for the “Litigation Powerhouse” series. According to Hall, “What we have that other firms don't have is this incredible depth of regulatory and prior government experience that we bring to bear in almost all of our matters.”
Schmidt, commenting on the ...
August 11, 2016, The American Lawyer
James Garland participated in a Q&A with The American Lawyer regarding the firm’s relationship with Microsoft and its recent work on an important internet search case in the Second Circuit. According to Garland, “Microsoft has a very strategic approach toward its legal functions and litigation in particular. In cases like this that are of strategic policy ...
August 8, 2016
NEW YORK—Arlo Devlin-Brown, most recently the Chief of the Public Corruption Unit in the U.S. Attorney’s Office for the Southern District of New York and one of its top securities fraud prosecutors, has joined Covington as a partner in its white collar defense and investigations practice resident in the firm’s New York office.
Mr. Devlin-Brown has served in the ...
July 26, 2016, Law360
Clara Shin is quoted in a Law360 article regarding the qualities possessed by the top 20 litigation powerhouses that dominate the courtroom in bet-the-company cases. According to Shin, “We view every case and every trial as a way to reinforce our reputation.” She continues, “People come to Covington because of our reputation for delivering a bespoke, tailored ...
July 21, 2016, Covington Alert
While the UK’s decision to leave the EU could bring about significant changes to the UK’s legal and economic landscape, we cannot yet know how wide-ranging these changes will be. It is generally agreed that the changes will be fairly dramatic if the UK is unable to negotiate a deal that will maintain its access to the single market, or if the eventual deal ...
July 19, 2016, Global Competition Review
Alex Leitch and Jeremy Wilson are quoted in a GCR article regarding the arrival of Elaine Whiteford to Covington’s European dispute resolution practice. “We are thrilled with Elaine’s decision to join the firm. She brings a wealth of EU litigation experience, which we see as a real asset in the current market.”
July 18, 2016, Legal Business
Alex Leitch is quoted in a Legal Business article regarding the arrival of Elaine Whiteford to the firm’s European competition practice. According to Leitch “She brings a wealth of EU litigation experience, which we see as a real asset in the current market, impacted by many developments around Europe, including Brexit related disputes, and the new class action ...
July 18, 2016, Legal Week
Alex Leitch is quoted in a Legal Week article regarding the arrival of Elaine Whiteford to the firm’s European competition practice. According to Leitch, “[Whiteford] brings a wealth of EU litigation experience, which we see as a real asset in the current market, impacted by many developments around Europe, including Brexit related disputes, and the new class ...
July 18, 2016, Covington Alert
On July 11, 2016, Johnson Controls, Inc. (“JCI”) agreed to pay $14.4 million to settle allegations by the U.S. Securities and Exchange Commission that JCI, through its subsidiaries in China, violated the books and records and internal controls provisions of the U.S. Foreign Corrupt Practices Act. The SEC alleged that, from 2007 to 2013, nearly all of the ...
July 14, 2016
WASHINGTON—The U.S. Court of Appeals for the Second Circuit has ruled in favor of Covington’s client Microsoft Corporation in its challenge to a U.S. warrant seeking customer emails stored in Ireland.
Microsoft argued that the warrant—issued under the Electronic Communications Privacy Act (ECPA)—could not be used to obtain emails stored abroad because it would ...
July 13, 2016, Legal Business
Alex Leitch is quoted in a Legal Business article regarding Greg Lascelles’ upcoming arrival to Covington as a partner in the firm’s European Dispute Resolution practice. According to Leitch, “Financial services remains an active sector that attracts a lot of demand from our clients across a variety of disciplines, including antitrust litigation, commercial ...
July 13, 2016, Legal Week
Alex Leitch is quoted in a Legal Week article regarding the upcoming arrival of Greg Lascelles as a partner in the firm’s European Dispute Resolution practice. “Greg’s arrival will be another welcome addition to an already vibrant practice,” Leitch says. According to Leitch, “Financial services remains an active sector that attracts a lot of demand from our ...
July 5, 2016, CDR News
Peter Camesasca and Alex Leitch are quoted in a CDR article regarding the long-term effects of Brexit on the courts, including uncertainties over enforcement. According to Camesasca, “This will not be immediate. Companies are not making any immediate decisions about litigation in the wake of the Brexit vote. Most are in ‘wait and see’ mode.” He continues, “But ...
On June 23, 2016, the UK voted in an advisory referendum to leave the European Union. The impact of Brexit in the medium-to-long term will very much depend on the form a post-Brexit UK will take, the relationship that the UK chooses to have with the EU, and the relationship that the EU is willing to accept. That will not become clear for some time as it will ...
June 24, 2016, Covington Alert
The UK has voted to leave the European Union in an advisory referendum. 52% leave - 48% remain.
Were the UK to leave the EU, this would have significant implications for the UK and for international businesses operating in the UK. The longer term impact of the decision on the regulatory framework for the UK will depend, in part, on the relationship that the UK ...
June 22, 2016, Mealey's Litigation Report: Insurance
June 17, 2016
LONDON—Euromoney Legal Media Group has selected four Covington lawyers for its annual “Europe Women in Business Law Awards.” The awards honor women in the legal sector across Europe.
The Covington lawyers recognized are:
Louise Nash, Best in Mergers & Acquisitions. Ms. Nash focuses on M&A and other transactional matters for clients in the consumer brands, ...
June 17, 2016, Covington Alert
In Universal Health Services Inc. v. U.S. ex rel. Escobar, No. 15-7 (Slip. Op. June 16, 2016), a unanimous Supreme Court affirmed the viability of the “implied false certification” theory of False Claims Act liability, at least in certain circumstances. This portion of the ruling was not unexpected given the overwhelming acceptance of implied certification among ...
June 16, 2016
WASHINGTON—Legal Bisnow has named Covington partner Alexander Berengaut to its 2016 “Top 40 Lawyers Under 40” list.
Mr. Berengaut focuses on international arbitration, civil litigation, and government enforcement proceedings. He has experience handling a range of arbitral proceedings and U.S. court litigation matters, including at trial, and has significant ...
June 14, 2016
WASHINGTON—The National Law Journal has named Covington to its “2016 IP Hot List,” recognizing it as one of 15 firms that “set the bar in intellectual property law in 2015, scoring big wins for clients.” Covington was also one of only two firms last month to receive the highest rating from Chambers USA in its nationwide categories for Intellectual Property and ...
June 13, 2016, CDR News
Timothy Hester, Lanny Breuer, and Arlo Devlin-Brown are quoted in a CDR article regarding Devlin-Brown’s arrival. Devlin-Brown says he is “very pleased” to join the firm’s multinational white collar practice, praising its “extraordinary depth.”
According to Hester, “Arlo’s deep experience in white-collar matters, particularly in the financial services sector, ...
June 13, 2016, Covington Alert
June 10, 2016, Law360
June 9, 2016, Covington Alert
The Supreme Court last week unanimously ruled that property owners seeking to discharge material onto land potentially subject to federal Clean Water Act restrictions may bring direct court challenges to "approved jurisdictional determinations" issued by the U.S. Army Corps of Engineers ("Corps"). The Court rejected the Corps' position that property owners must ...
June 7, 2016, Law360
Arlo Devlin-Brown is quoted in a Law360 article regarding his decision to join Covington after serving as New York’s top federal prosecutor for public corruption. According to Devlin-Brown, “I’m very pleased to join Covington’s exceptional white collar practice.”
June 7, 2016, Commercial Dispute Resolution
Kenny Henderson participated in CDR’s Spring Competition Litigation Symposium and is quoted in this article regarding the barriers which are hampering the progress of the new UK collective actions regime. According to Henderson, “It is fairly clear, in my view, that the CAT guidance suggests it is looking for a very business-like, rapid approach to the question ...
June 7, 2016, New York Post
Arlo Devlin-Brown is quoted in a New York Post article regarding his decision to join Covington after serving as head of public corruption for Manhattan US Attorney Preet Bharara. “It’s been a great honor to serve in the U.S. Attorney’s Office for more than a decade, where I have had the privilege of challenging cases involving fraud and corruption in the worlds ...
June 7, 2016, The New York Times
Lanny Breuer is quoted in a New York Times article regarding the upcoming arrival of Arlo Devlin-Brown to the firm’s white collar defense and investigations practice. According to Breuer, “[Devlin-Brown] has this exceptional level of experience, having done securities cases and corruption cases.” He continues, “He’ll very quickly become a central figure of the ...
June 7, 2016, Covington Alert
On May 18, the U.S. Department of Labor (DOL) finalized its much-anticipated update to the Fair Labor Standards Act’s (FLSA) so-called white collar overtime exemption rule. Effective December 1, 2016, an employee must earn at least $913 per week—the equivalent of $47,476 per year, more than double the current rate—in order to qualify as exempt from overtime ...
June 6, 2016, The National Law Journal
Ranga Sudarshan and Kurt Calia are quoted in The National Law Journal’s profile of Covington for the “2016 Intellectual Property Hot List.” In its story, NLJ highlighted the firm’s successful representation of Elbit Systems in a patent infringement case with military contractor Thales Visionix involving the F-35 Joint Strike Fighter. The Covington defense team ...
June 3, 2016
NEW YORK—Covington advised the underwriters in connection with Repligen’s $115 million debt offering. The senior convertible notes due in 2021 were placed at 2.125 percent.
Repligen is a bioprocessing company focused on the manufacture of Protein A ligands used by life science companies to purify biologic drugs such as monoclonal antibodies, recombinant ...
June 3, 2016, Law360
May 31, 2016
NEW YORK—Covington is advising MagtiCom Ltd., the leading mobile operator in the Republic of Georgia, on its definitive agreement to acquire retail and corporate ISP cable assets from Caucasus Online LLC. The deal is expected to close on or around August 1, 2016.
Following the successful conclusion of the transaction, MagtiCom will be the first and only operator ...
May 26, 2016, The Wall Street Journal
David Lorello is quoted in a Wall Street Journal article regarding a recent call to review the UK Serious Fraud Office’s (SFO) funding model after increased scrutiny of the SFO’s governance structure. According to Lorello, “The blockbuster funding has been a matter of significant public attention for some years now." He continues, “As with many government ...
May 23, 2016, The Law Society Gazette
Alex Leitch, Carlo Kostka, and Richard Mattick participated in a roundtable with The Law Society Gazette regarding the UK Insurance Act 2015. Leitch, pointing at “fair presentation,” a grey area in the new legislation, said a policyholder will want to make sure that they have “discharged the duty of giving a fair presentation of the risk which is going to be ...
May 22, 2016, Business Insurance
Richard Mattick is quoted in a Business Insurance article regarding the UK Enterprise Act. According to Mattick, the new Act, which updates one element of the Insurance Act 1886 that was left out of the Insurance Act 2015, “remedies a long-standing injustice for insurance policyholders.” It marks the first time that policyholders can seek damages for late ...
May 16, 2016, Covington Alert
In a decision closely watched by businesses that are the targets of consumer class action lawsuits, the U.S. Supreme Court confirmed that a plaintiff asserting a statutory claim must make a showing of particularized and concrete harm sufficient to establish Article III standing, even if the underlying statute provides for statutory damages without a separate ...
May 12, 2016, Webinar
May 12, 2016, Law360
May 11, 2016, Covington Alert
On Wednesday, May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which creates a federal civil cause of action for trade secret misappropriation. The Senate passed the DTSA on April 4, 2016 by a unanimous vote of 87-0. The Senate bill (S. 1890) was passed by the House of Representatives without amendment on ...
May 6, 2016, Insight
May 5, 2016, Covington Alert
In re Viking Pump, Inc. & Warren Pumps, LLC, Insurance Appeals, No. 59 (N.Y. May 3, 2016) (“Viking Pump”), heralds a major development in New York insurance law to the benefit of policyholders facing claims that trigger multiple years of liability coverage as a result of continuous and progressive damage. In addressing the proper allocation method to apply to ...
May 3, 2016
NEW YORK — Jennifer Martin has joined Covington’s Data Privacy and Cybersecurity practice. She most recently served as the Director of Cyber Incident Response & Investigations at Symantec.
“Jennifer has worked at the intersection of law and cybersecurity from almost every vantage point over the past 15 years,” said David Fagan, who leads Covington’s cyber and ...
April 25, 2016, The American Lawyer
Phyllis Jones is featured in this American Lawyer story about women litigators who have developed successful careers despite the low numbers of women trial lawyers. According to Jones, "Getting trial experience in the law firm setting is tough for women and men. She continues, "Firms need to be focused on getting female associates the opportunity to get ...
April 24, 2016, Business Insurance
David Goodwin’s remarks from the annual RIMS conference are quoted in this article discussing the increased use of catastrophe bonds by risk managers. According to Goodwin, “This really is an up-and-coming issue for risk management.”
April 22, 2016, Law360
Nicole Duclos is quoted in this Law360 article regarding the launch of the Covington Academy on International Arbitration with Columbia Law School. According to Duclos, the program will give participants an edge over those who might not otherwise have the opportunity to receive live feedback during the practical training exercises. “[W]e realized that the void ...
April 21, 2016
New York — Law360 has named Covington international arbitration partner David Pinsky a “Rising Star.” This annual recognition honors top attorneys under the age of 40 “whose legal accomplishments belie their age.”
Law360 recognized how Mr. Pinsky, who leads Covington’s arbitration group’s Russia and Eurasia initiative, helped develop the firm’s Russia-focused ...
NEW YORK — Covington has partnered with Columbia Law School and its Center for International Commercial and Investment Arbitration to launch the Covington Academy on International Arbitration (CAIA). The program is open to Columbia’s J.D., LL.M, and S.J.D. students.
The three-day program will consist of training followed by practical exercises and live feedback ...
April 21, 2016, Daily Journal
April 21, 2016, Covington Alert
On April 5, 2016, the United States Department of Justice (“DOJ”), through the Criminal Division’s Fraud Section, announced a one-year Foreign Corrupt Practices Act (“FCPA”) enforcement pilot program (the “Pilot Program”) intended to motivate companies to voluntarily disclose FCPA-related misconduct and increase transparency around the Fraud Section’s approach ...
April 20, 2016
LOS ANGELES — Covington partners Emily Henn, Robyn Polashuk and Sonya Winner have been named to the Daily Journal’s annual list of “Top Women Lawyers” in California. The list recognizes 100 lawyers who “try complex commercial disputes and put together industry-transforming deals.”
Ms. Henn, based in the firm’s Silicon Valley office, co-chairs the firm’s Class ...
April 8, 2016, Law.com
Richard Hertling and Kurt Calia are quoted in this article discussing the future of, and reactions to, the Defend Trade Secrets Act. Hertling says, “I don’t think [House Judiciary Committee Chairman Goodlatte] would have indicated an intention to move forward with this legislation if patent reform were going to stand in the way."
Calia sees some risk of abuse of ...
April 6, 2016, Global Investigations Review
Steven Fagell is quoted in this GIR article regarding a recent Court of Appeals decision that a lower court overstepped its authority by rejecting a DOJ settlement with Dutch aerospace company Fokker. According to Fagell, “The ruling will likely clip the wings of any US district judge looking to second-guess the Justice Department's charging decisions in ...
April 6, 2016, The Recorder
Dan Shallman is quoted in this article exploring a DOJ pilot program that could reduce criminal penalties for companies that self-report FCPA violations. According to Shallman, the voluntary disclosure would likely appeal to large companies that face significant FCPA exposure. “It's trickier for cases where the exposure is smaller and less clear," he says.
April 6, 2016, Federal Contracts Report
Scott Freling is quoted in a Federal Contracts Report article regarding a recent COFC ruling that allowed Starry, an IT firm challenging solicitation cancellation, to depose HHS officials due to an alleged bias. According to Freling, allegations of bias often fail to gain traction during bid protest litigation because it is difficult to allege sufficient ...
April 5, 2016, Practicing Law Institute
April 4, 2016
SAN FRANCISCO AND NEW YORK — Latinvex has again selected Covington partners Tammy Albarrán and Nicole Duclos to its annual list of the “Top 100 Female Lawyers” specializing in Latin America among international law firms.
Latinvex chose attorneys from 57 law firms and ten practice areas. The criteria for selection included a combination of factors, including ...
April 2016, Covington Alert
This article describes the attorney-client privilege under U.S. law and where care must be taken during internal investigations in China to maintain the privilege and avoid inadvertently waiving its protections.
On April 7, 2016, Las Vegas Sands Corp. (“LVSC”) agreed to pay $9 million to settle allegations by the Securities and Exchange Commission (“SEC”) that LVSC, through its subsidiaries in China and Macao, violated the US Foreign Corrupt Practices Act (“FCPA”). The settlement resolves allegations that, from 2006 through at least 2011, LVSC and its subsidiaries ...
On April 18, 2016, the Chinese government released a judicial interpretation that clarifies certain aspects of the PRC Criminal Law with regard to bribery and corruption. The Interpretation provides additional clarity in understanding the amendments to the Criminal Law that took effect last year, most notably by (1) expanding the definition of bribes to include ...
March 29, 2016, Global Competition Review
Robert Wick discusses important themes as they relate to antitrust enforcement in the US and abroad in this interview with Global Competition Review.
March 25, 2016, Covington Alert
On March 23, 2016, Novartis AG (“Novartis”) agreed to pay $25 million to settle civil charges with the Securities and Exchange Commission (“SEC”) alleging that it violated the Foreign Corrupt Practices Act (the “FCPA”) by paying bribes to healthcare professionals (“HCPs”) in China from 2009 to 2013 to increase sales. Employees and managers of its two ...
March 22, 2016, Covington Alert
March 16, 2016, Financial Times
Kurt Calia is quoted by the Financial Times in this article about the legal battles brewing around smartwatches. According to Calia, who emphasizes the differences between smartphones and smartwatches, “There’s unlikely to be the big titan v titan litigation that we saw in the smartphone wars.” However, he adds, “A lot of the foundational technology that formed ...
March 11, 2016, Global Arbitration Review
Miguel López Forastier is quoted in this Global Arbitration Review article regarding a recent ruling in favor of client Tidewater after an ad hoc ICSID committee finds it had the power to order a partial stay of enforcement resulting in an award of $27.4 million in damages. According to López Forastier, this decision is a “first of its kind.”
March 8, 2016, Global Competition Review
Alex Leitch and Kenny Henderson are quoted in this GCR article discussing the launch of the first opt-out class action in the UK.
According to Leitch, “If the case is not settled and the class is granted a collective proceedings order, this will be the trickle that may form into a steady flowing stream.” He continues by stating that the class seems to be ...
March 2016, Covington Alert
On March 1, 2016, the Securities and Exchange Commission announced an agreement with Qualcomm Incorporated to settle charges that it violated the Foreign Corrupt Practices Act by hiring relatives of Chinese government officials to gain business advantages in the Chinese telecommunications market. The SEC also alleged that Qualcomm provided gifts, travels, and ...
Spring 2016, Information Law Journal
February 29, 2016
WASHINGTON, DC - Peter Hutt II has joined Covington as a partner in the Government Contracts practice.
“Further enhancing Covington’s standing within the defense community as a leader in the False Claims Act and government cost accounting standards fields remains a key priority for the firm,” said Jennifer Plitsch, co-chair of the firm’s Government Contracts ...
February 29, 2016, Covington Alert
February 26, 2016, The National Law Journal
February 21, 2016, Covington Alert
February 17, 2016, Covington Alert
February 10, 2016
SAN FRANCISCO - After a week-long bench trial, a Covington trial team won a $34 million judgment on behalf of clients Draper Esprit, Scottish Equity Partners, and a class of former Zeus Technology investors, prevailing in a lawsuit initiated by San Francisco-based Riverbed Technology.
The case, tried in San Francisco Superior Court, lay at the intersection of ...
WASHINGTON, DC - The Leadership Council on Legal Diversity (LCLD) has chosen Covington partner Anne Lee to be a member of its 2016 class of Fellows. The program is designed to build relationships and leadership skills that can be passed down to future generations of leaders in the legal profession. Tammy Albarrán, Co-Chair of Diversity Initiatives at Covington ...
February 9, 2016, Covington Alert
February 2, 2016
January 26, 2016
WASHINGTON, DC - Covington partner Mythili Raman has been elected as a member of The American Law Institute, the leading independent law reform organization dedicated to producing scholarly work that clarifies, modernizes, and improves the law.
Ms. Raman, a prominent criminal law practitioner, focuses her practice on white collar defense and government ...
January 5, 2016
WASHINGTON, DC, January 5, 2016 - Covington announced that Eric Mogilnicki has joined the firm as a partner in its Washington office and will co-chair the firm’s new Consumer Financial Services practice. Andrew Smith, who served as a senior financial services lawyer at the Federal Trade Commission prior to joining the firm, will also lead the newly formed ...
December 22, 2015
WASHINGTON, DC, December 22, 2015 - The American Lawyer has named Covington its “Litigation Department of the Year: Product Liability.” The magazine recognizes the firm for its “string of big victories in trial and appellate courts, major settlements, plus a creative strategic edge that sets it apart.”
In its profile of the firm in its January 2016 issue, The ...
December 11, 2015, Covington Alert
December 10, 2015
WASHINGTON, DC, December 10, 2015 - Global Competition Review has named Covington partner Anne Lee to its “40 Under 40” list, profiling 40 of the world’s top young antitrust lawyers, enforcers and in-house counsel.
Ms. Lee represents clients in complex commercial and antitrust litigation, including cases at the trial and appellate levels in both state and ...
December 9, 2015, Covington Alert
December 8, 2015
NEW YORK, December 8, 2015 - Covington represented Ascension, the nation’s leading Catholic and non-profit health system, in a $200 million investment transaction with TowerBrook Capital Partners in Accretive Health, a leading provider of revenue cycle management services to healthcare providers. The transaction is expected to close in the first quarter of ...
November 12, 2015, Covington Alert
November 2, 2015
WASHINGTON, DC, November 2, 2015 - The National Law Journal named Covington partner Paul Schmidt to its 2015 “Winning: A Special Report,” an annual feature profiling litigators with significant trial victories and their successful strategies. This year’s list includes 20 of the top litigators in the United States.
The report highlighted Mr. Schmidt’s role as ...
Paul Schmidt is featured in The National Law Journal’s special report on Top Litigators, where he shares some of his winning strategies. "The keys are to humanize the company and explain the science in a clear, understandable way," he says.
October 19, 2015
WASHINGTON, DC, October 19, 2015 - Covington announced that Richard Rainey has rejoined the firm as a partner in its intellectual property practice, one of the firm’s largest groups with more than 140 IP lawyers. A prominent IP trial and appellate litigator, Mr. Rainey previously served as Executive Counsel for Global IP Litigation at GE.
“Our patent litigation ...
October 19, 2015, The Wall Street Journal
Covington’s role in helping Hyperdynamics navigate an FCPA investigation is highlighted in this Wall Street Journal “Risk & Compliance Journal” story. Nancy Kestenbaum said, “It was essential for the company’s survival that it resolve the investigations as quickly as possible.” She also commented on the company’s cooperation throughout. “Recognizing that a ...
October 9, 2015, Covington Alert
October 6, 2015
NEW YORK, October 6, 2015 - Covington partner C. William Phillips has been named a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. Mr. Phillips is the seventh Covington lawyer among the current Fellows, joining Lanny Breuer, Robert Haslam, James McKay, John Nields, George Pappas, and Robert Sayler.
September 28, 2015, Financial Times
London partner Alex Leitch comments in a Financial Times article on the new UK legislation that will allow US-style class action lawsuits when there are breaches of competition law. If the rules are successful, lawyers predict class actions could be applied to other areas, said Mr. Leitch.
September 14, 2015
WASHINGTON, DC, September 14, 2015 - The National Law Journal has named Phyllis Jones and Daniel Suleiman among its “D.C. Rising Stars.” The list recognizes Washington, D.C.’s “40 most promising lawyers age 40 and under.”
Ms. Jones focuses on complex legal issues facing clients in the pharmaceutical and healthcare industries. Her wide-ranging litigation ...
LOS ANGELES, September 14, 2015 - Covington announced that Mitchell Kamin has joined the firm’s litigation and white collar defense and investigation practices in its Los Angeles office. A prominent litigator and community leader who served as co-managing partner of a leading Los Angeles litigation boutique, Mr. Kamin will continue to focus on high stakes ...
September 14, 2015, Law360
September 14, 2015, Journal of European Competition Law & Practice
September 14, 2015, The Law Society Gazette
September 11, 2015, Covington Alert
August 18, 2015, The Am Law Litigation Daily
Covington lawyers were recognized for winning their third trial in four weeks on behalf of Eli Lilly in the Cymbalta litigation. The latest victory occurred in the U.S. District Court for the Eastern District of Virginia after a six-day trial. The team included partners Michael Imbroscio, Phyllis Jones and Paul Schmidt.
August 14, 2015, The Am Law Litigation Daily
Phyllis Jones, Paul Schmidt, and Michael Imbroscio are quoted in an Am Law Litigation Daily article regarding their victory on behalf of client Eli Lilly in the Cymbalta litigation that looks closely at the cross-examination which exploited holes in plaintiff Erin Hexum’s case.
During Hexum’s questioning, Jones used personal details from prior testimony to ...
July 29, 2015, Covington Alert
July 27, 2015, Global Arbitration Review
July 23, 2015, Global Arbitration Review
A piece on our new arbitration app quoting Marney Cheek, Jeremy Wilson and Steve Bond and mentioning William Lowery’s and Catherine Karia’s roles in developing the app.
July 23, 2015, CDR News
July 13, 2015, BNA’s Health Care Policy Report
July 6, 2015
WASHINGTON, DC, July 6, 2015 — Former U.S. Attorney General Eric H. Holder, Jr., is returning to Covington as a partner after more than six years of service as the nation’s top law enforcement officer.
Mr. Holder will be resident in the firm’s Washington office and focus on complex investigations and litigation matters, including matters that are international ...
July 6, 2015, The New York Times
June 30, 2015
WASHINGTON, DC, June 30, 2015 — The National Law Journal has selected Covington as one of Washington, D.C.’s top three litigation departments. In naming Covington a finalist for its “Washington Litigation Department of the Year” award, the publication noted that in 2014 Covington’s lawyers “kept the big wins coming.”
The NLJ highlighted a string of Covington ...
May 27, 2015, Covington Alert
May 21, 2015, Covington E-Alert
May 18, 2015
SILICON VALLEY, May 15, 2015 — Covington partners Emily Johnson Henn and Robyn Polashuk have been named to the Daily Journal’s list of “Top Women Lawyers” in California. The list recognizes 100 lawyers who “try complex commercial disputes and put together industry-transforming deals.”
Ms. Henn, based in the firm’s Silicon Valley office, was recognized for her ...
April 28, 2015, Covington E-Alert
April 22, 2015, The Hill
Covington's Marney Cheek and John Veroneau wrote this article on Investor-state dispute settlement:
"Recent calls by anti-trade groups to abandon investor-state arbitration (often referred to as “investor-state dispute settlement,” or ISDS) ignore the modern reality of the global economy and conjure images of Chicken Little’s warnings that the sky is falling. ...
April 22, 2015, Covington E-Alert
April 16, 2015
WASHINGTON, DC, April 16, 2015 — Covington & Burling’s Simon Frankel and Ethan Forrest have been named recipients of the “2015 Burton Awards for Legal Achievement.” Their article, “Why Should That Matter?’’ The Potentially Dramatic Copyright Implications of the U.S. Supreme Court’s Aereo Decision won in the legal writing for law firms category. The article, ...
April 14, 2015
WASHINGTON, DC, April 14, 2015 — Am Law Litigation Daily named Covington’s Paul Schmidt and Michael Imbroscio “Litigators of the Week” for leading the defense of Hoffmann-La Roche in the extensive litigation over its acne medication Accutane.
Mr. Schmidt and Mr. Imbroscio scored a major victory on April 2 when they convinced a New Jersey state court judge ...
April 10, 2015, Am Law's The Litigation Daily
Covington's Paul Schmidt and Michael Imbroscio were named "Litigators of the Week" by AmLaw for their successful representation of Hoffmann-La Roche Inc.:
"Not so long ago, Hoffmann-La Roche Inc. faced a grim reality in sprawling litigation over the acne medication Accutane."
"In 2007, New Jersey judge Carol Higbee handed an edge to plaintiffs lawyers at ...
April 1, 2015, GIR
Covington's Nancy Kestenbaum and Mythili Raman are featured in GIR's "Women in Investigations" special.
March 26, 2015, The National Law Journal
Covington's Dan Suleiman, who was Asiana Airlines Inc.’s lead litigator in the National Transportation Safety Board’s investigation of the July 2013 crash at San Francisco International Airport, is quoted:
"The facts, once they’re clear, could support wrongful death or negligence claims but a settlement is the most likely outcome, said Daniel Suleiman, ...
March 24, 2015, Law360
George Pappas and Kurt Calia are mentioned in this article regarding their successful representation of Alza, a Johnson & Johnson unit.
March 23, 2015, Law360
William Skinner, Saul Goodman and James Goold are mentioned in this article regarding their representation of Public Service Enterprise Group Inc.
March 18, 2015, The Litigation Daily
Covington's George Pappas and Peter Swanson are mentioned in this article regarding their representation of AOL:
In a quartet of lawsuits filed last year, plaintiff Priceplay.com accused AOL Advertising Inc., Facebook Inc., Google Inc. and LinkedIn Corp. of infringing two patents related to online price auctions. But after a victory this week for AOL's lawyers ...
March 12, 2015
LONDON, March 12, 2015 — Covington & Burling is pleased to announce that Alex Leitch is joining the firm’s London office as a partner.
Mr. Leitch is a solicitor advocate and advises and represents parties in complex, high value and high profile international disputes. His focus includes disputes arising out of financial markets, with an emphasis on regulatory ...
February 23, 2015, Law360
February 23, 2015, Am Law Litigation Daily
February 23, 2015, Reuters
Covington's Mike Imbroscio and Paul Schmidt are mentioned regarding their successful representation of Roche in convincing a New Jersey judge to reject the testimony of plaintiffs’ experts who had linked its acne medication Accutane to Crohn's disease.
Covington's Dennis Auerbach, David Zionts, Philip Levitz and Sonia Lahr-Pastor are mentioned in this article regarding their representation of the plaintiffs who won an injunction last week against the Obama administration's alleged policy of detaining immigrant families seeking asylum as a form of deterrence.
Dennis Auerbach of Covington & Burling LLP, who is ...
Winter 2015, Covington Advisory
February 3, 2015, Covington E-Alert
January 23, 2015, Bloomberg BNA
Covington's Kurt Calia was interviewed for this article regarding trade secrets legislation.
"There is growing appreciation for the fact that, with patent eligibility being what it is, it is time for some people to start thinking about protecting their inventions through other forms of intellectual property,’’ Kurt G. Calia of Covington & Burling LLP, Redwood ...
January 21, 2015, Global Investigations Review
Covington & Burling partner Doug Sprague is featured in the article above regarding his move to the firm's San Francisco office.
January 20, 2015
SAN FRANCISCO, January 20, 2015 — Douglas Sprague, former chief of the San Francisco U.S. Attorney’s Office Economic Crimes and Securities Fraud section, has joined Covington & Burling’s litigation group as a partner, further strengthening the firm’s highly regarded white collar practice. He will be resident in Covington’s San Francisco office.
Mr. Sprague has ...
January 8, 2015, Law360
Covington's Ethan Posner and Joshua De Bold are mentioned in this article regarding their representation of Gilead Sciences Inc.:
"A California federal judge on Wednesday tossed allegations that Gilead Sciences Inc. cheated the government by selling contaminated and defective drugs to Medicare and Medicaid, finding that the whistleblowers failed to state a claim ...
January 8, 2015, The Recorder
Covington partners Robert Haslam and Anupam Sharma are mentioned in this article regarding their recent win for Texas Instruments:
'"The Federal Circuit affirmed that decision summarily on Thursday, handing a win to TI and a Covington & Burling team led by partners Robert Haslam and Anupam Sharma. "We are grateful that the Federal Circuit affirmed Judge ...
January 7, 2015, Law360
Covington partner Ruixue Ran is featured in this article regarding her joining the firm's IP practice in Beijing:
"Ran's practice has included assisting Chinese companies that appear in litigation in United States federal and state courts and that participate in commercial IP transactions. At her prior firm, Ran advised local and international clients regarding ...
January 7, 2015, The Asian Lawyer
Covington partner Ruixue Ran is featured in this article regarding her joining the firm's IP practice in Beijing:
"Ran Ruixue, who was most recently a partner at China's Jun He Law Offices, specializes in Section 337 investigations and is one of the first Chinese lawyers practicing in that area. Section 337 (of Tariff Act of 1930) investigations refer to the ...
January 2015, Corporate Counsel
December 22, 2014, American Lawyer
Covington's Michael Imbroscio, Mark Lynch and Phyllis Jones are mentioned in these articles regarding their successful representation of Eli Lilly & Co.
December 22, 2014, Law360
December 18, 2014, Covington E-Alert
December 17, 2014, Covington E-Alert
December 5, 2014
WASHINGTON, DC, December 5, 2014 - For the second time this year, Am Law Litigation Daily named Covington & Burling’s Robert Wick as “Litigator of the Week.” Mr. Wick was honored for convincing the U.S. Court of Appeals for the Seventh Circuit to reject Motorola's attempt to hold Samsung Electronics and several other of the world’s largest liquid crystal display ...
December 4, 2014, Am Law Litigation Daily
Covington's Robert Wick was named Litigator of the Week by American Lawyer for his representation of Samsung:
"For a group of Asian liquid crystal display manufacturers sued by Motorola Mobility Inc., things were looking awfully grim back in the summer of 2012. A California federal judge had refused to toss claims that the defendants fixed prices for LCD panels ...
December 1, 2014, Covington E-Alert
November 26, 2014
WASHINGTON, DC, November 26, 2014 — The U.S. Court of Appeals for the Seventh Circuit today rejected Motorola Mobility LLC's attempt to hold Samsung Electronics and several other of the world’s largest liquid crystal display manufacturers liable under U.S. antitrust law for allegedly fixing prices of mobile phone displays sold to Motorola’s foreign subsidiaries. ...
November 26, 2014, Global Competition Review
November 26, 2014, Law360
Covington partner Paul Schmidt was named a Law360 MVP in product liability law.
November 26, 2014, Wall Street Journal
November 26, 2014, Reuters
Robert Wick, Jeffrey Davidson, Derek Ludwin, John Playforth and David Zionts are mentioned in these articles regarding their representation of Samsung.
From WSJ: "Robert Wick, a Covington & Burling lawyer who represented the LCD makers, said the court’s ruling meant Motorola would have to assert its claims under foreign law."
“The court’s opinion basically ...
November 25, 2014, Law360
Covington's Bob Long is featured in this article on his extensive career in appellate law.
November 24, 2014, Law360
Covington's Jay T. Smith, Mark Gimbel, Michael Lechliter and William F. Greaney are mentioned regarding their representation of KeySpan.
November 18, 2014, Bloomberg BNA
Covington's Scott Freling has authored this piece on bid protesters:
"If a bid protester is weighing whether to accuse an agency of bias, there usually are two separate, potentially cross-cutting concerns: (1) whether, and to what extent, the allegation might affect customer relations; and (2) whether the allegation is likely to gain traction during the ...
November 14, 2014, Law360
Covington's Daniel Suleiman authored this article on Matthew Martoma, former trader at SAC Capital Advisors LP who was sentenced to nine years in prison for insider trading:
"Defendants convicted of violent crimes rarely have the luxury of avoiding incarceration after conviction. But it seemed possible that Martoma, who was convicted of selling shares in two ...
November 6, 2014, Covington E-Alert
November 3, 2014, Law360
Covington partner Phil Irwin is quoted in this article regarding Covington's representation of the plaintiffs in the New York stop-and-frisk case:
"Phil Irwin of Covington & Burling LLP, attorney for plaintiffs, told Law360 that the rulings reject the efforts by the unions to stand in the way of genuine reform."
“We look forward to beginning a remedial ...
October 23, 2014, Bloomberg BNA
Covington's Jeffrey Huvelle is quoted regarding his representation of Verizon:
“Verizon is pleased that the Fifth Circuit agreed with Judge Fish's well-reasoned decision that Verizon's spinoff complied with ERISA,” Huvelle told Bloomberg BNA on Oct. 15. He added that the document disclosure claims at issue “related to SuperMedia, not Verizon.”
October 16, 2014, Law360
Sturgis Sobin, Alexander Chinoy, Brian Bieluch, Jeffrey Lerner, David Garr, Jay Alexander and Robert Haslam are mentioned in this article regarding their representation of Knowles Corporation in their patent infringement victory before the U.S. International Trade Commission.
October 9, 2014, Global Investigations Review
October 9, 2014, Global Competition Review
September 16, 2014, CDR
Covington partners Marney Cheek and Jonathan Gimblett are featured in this article regarding their representation of Yukos minority shareholders:
“The writing is on the wall. Once again, Russia has been held accountable for its actions,” Marney Cheek, a Covington & Burling partner who represented the Spanish investors, tells CDR.
Indeed, Jonathan Gimblett, ...
September 16, 2014, Law360
Covington's Daniel Suleiman has written this piece on Robert McDonnell, former Governor of Virginia, rejecting a plea deal that would have been prevented him from being charged altogether.
September 12, 2014
SAN FRANCISCO, September 12, 2014 — For the second year in a row, Covington & Burling partner David Goodwin was named to the Daily Journal’s list of “Top 100 Lawyers” in California. The list honors “lawyers who have impact — on an industry or on the larger society,” according to the publication’s editors. Mr. Goodwin was recognized for his work representing ...
WASHINGTON, DC, September 12, 2014 — The Washington Business Journal named Covington & Burling partner Mythili Raman a “Legal Champion.” The inaugural award series recognizes distinguished legal professionals from law firms, and general counsels from corporations and nonprofits in the Washington region. Ms. Raman, a former prosecutor, recently served as Acting ...
September 12, 2014, Global Arbitration Review
The articles above reference the Stockholm District Court dismissing the Russian Federation’s jurisdictional challenge to a previous arbitration ruling that ordered Russia to compensate a group of Spanish investors for the losses they suffered when the government expropriated the Yukos Oil Company, one of the largest oil and gas companies in the world. The ...
September 12, 2014, Legal Business
September 11, 2014, Law360
Covington's Stephen Humenik is quoted in this article regarding which aspects of Dodd-Frank rules are the source of most concern for energy firms:
"Most of the Dodd-Frank rules affecting energy firms — primarily issued by the U.S. Commodity Futures Trading Commission — are already on the books either in proposed or final form."
“There are few important ones ...
Q3: 2014, Ethisphere Executive Briefing, Volume 1
September 1, 2014, National Law Journal
Covington's Daniel Suleiman is featured in this article on Asiana Airlines Crash Investigation:
NLJ: How did the NTSB investigation unfold? What happened first?
SULEIMAN: In any NTSB investigation, the agency sends out what’s called a “go” team immediately after an incident, whether it’s a pipeline explosion or an airplane crash or a derailment. One of the ...
August 29, 2014, The New York Times
Covington's David Martin is quoted in this article regarding Luis Aguilar, a commissioner at the S.E.C., stating that he was concerned that the agency’s stance on cases involving executives who put misleading and fraudulent numbers into their financial filings might be weakening.
"Mr. Aguilar’s missive goes to the heart of one of the S.E.C.’s main jobs – ...
August 15, 2014, Law360
Covington partner Anita Stork recently argued a motion summary judgement for client Philippine Airlines, which is quoted in this article:
"Under questioning from Judge Breyer, Philippines Airlines attorney Anita Stork of Covington & Burling LLP said the airlines file the majority of their rates with the ATPCO, and the remainder are “unfiled rates within the ...
WASHINGTON, DC, July 24, 2014 — Covington & Burling on Thursday secured an appellate victory on behalf of Chiquita Brands International, Inc. and Chiquita Fresh North America LLC in long-running litigation brought by more than six thousand Colombian plaintiffs. Beginning in 2008, these plaintiffs asserted claims against Chiquita under the Alien Tort Statute and ...
July 24, 2014, Law360
Covington is mentioned in regards to securing an appellate victory on behalf of Chiquita Brands International, Inc. and Chiquita Fresh North America LLC in long-running litigation brought by more than six thousand Colombian plaintiffs.
July 24, 2014, American Lawyer, Litigation Daily
In a statement of his own, Covington's John Hall said the company is gratified that the court "faithfully followed Kiobel and held that the Alien Tort Statute doesn't confer jurisdiction over these plainly extraterritorial claims." He also said that plaintiffs lawyers have misrepresented Chiquita's guilty plea, "trying to make it appear that Chiquita's ...
July 22, 2014, Law360
Susan Cassidy, Scott Freling and Kayleigh Scalzo have co-authored this article about the U.S. Department of Defense issuing a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) in order to improve the efficiency and effectiveness of auditing contractors’ accounting systems, estimating systems, and material management and ...
July 16, 2014, Financial Times
Covington's Mark Plotkin is quoted regarding a court ruling allowing a Chinese-owned company to obtain evidence on why its bid for wind farms was rejected.
“In a broad way, it does call into question the invulnerability of judicial review,” said Mark Plotkin, a partner at law firm Covington & Burling. “It shows that Congress can never legislate away the ...
July 14, 2014
WASHINGTON, DC, July 14, 2014 — Covington & Burling has been recognized as an honoree of two American Lawyer Global Legal Awards: Global M&A Deal of the Year: Europe/Finland and Global Dispute of the Year: U.S. Human Rights Litigation. Covington’s mergers & acquisitions practice represents companies, investment banks and private equity firms in public and ...
June 23, 2014, The Wall Street Journal
Robert Kelner is quoted regarding the Securities and Exchange Commission charging TL Ventures for violating three-year-old “pay-to-play” rules related to political contributions.
"Robert Kelner of law firm Covington & Burling said more firms could attract the scrutiny of the SEC. “Given the complexity of the rule, and the number of small- to mid-sized firms, ...
May 14, 2014, Law360
Covington partner Marty Myers is featured in this article about his recent move to the firm.
May 12, 2014, Bloomberg
Marty Myers is mentioned in Bloomberg regarding his recent move to Covington:
"Covington & Burling LLP said Martin H. Myers joined its insurance recovery practice, representing corporate policyholders in complex coverage disputes with insurers. Myers, who joins the firm as a partner in San Francisco, was previously at Jones Day."
May 7, 2014, Law360
Covington's Kurt Calia is quoted regarding trade secrets audits.
May 2014, The Metropolitan Corporate Counsel
April 29, 2014
WASHINGTON, DC, April 29, 2014 — Mythili Raman, most recently Acting Assistant Attorney General for the Criminal Division at the U.S. Department of Justice, is joining Covington & Burling as a partner. Ms. Raman will practice in the firm’s litigation and white collar groups and be resident in the Washington office. Ms. Raman joined the Justice Department in ...
April 27, 2014
WASHINGTON, DC, April 28, 2014 — Law360 has named Covington & Burling’s Phyllis Jones a recipient of its “Rising Star” award in the product liability category. The award honors attorneys under the age of 40 whose “legal accomplishments belie their age.”
In its profile, Law360 wrote that Ms. Jones has “taken on big responsibilities in a variety of high-stakes ...
April 25, 2014, Law360
Covington partner Phyllis Jones has been named as a "Law360 Rising Star."
April 16, 2014, Law360
Ethan Posner, Gerald Masoudi, Christopher Denig and Joshua DeBold write on the implications of the Arkansas Supreme Court overturning a $1.2 billion judgment against Janssen in the Risperdal litigation brought by the Arkansas Attorney General Dustin McDaniel alleging thousands of violations of the Arkansas Medicaid Fraud False Claims Act and Arkansas Deceptive ...
April 16, 2014, The Daily Journal
David Bayless is quoted regarding the new SEC director in San Francisco.
April 11, 2014
SAN FRANCISCO, April 11, 2014 — Covington & Burling partners Robert Haslam and Clara Shin were named to the Daily Journal’s annual list of “Top Intellectual Property Attorneys” in California. The list recognizes 75 litigators and 25 patent managers and patent prosecutors from around the state.
Ms. Shin was recognized for work representing clothing company ...
April 4, 2014, The AmLaw Litigation Daily
Timothy Hester, Robert Long, Derek Ludwin and Jonathan Gimblett are mentioned regarding their representation of Samsung.
April 2, 2014
SAN FRANCISCO, April 2, 2014 — Global Investigations Review magazine has named Covington & Burling partners Tammy Albarrán and Eric Carlson to its inaugural list of 40 leading investigations lawyers under the age of 40. The list recognizes the “next generation that will lead the global investigations bar.” Ms. Albarrán, 39, is based in Covington’s San Francisco ...
April 2, 2014, The New York Times
Covington partner Rob Kelner is quoted regarding the Supreme Court ruling on McCutcheon v. Federal Election Commission. The article states, “The Supreme Court ruling will dramatically increase the importance of major donors in federal elections,' said Robert K. Kelner, a Republican election lawyer."
April 1, 2014, Covington E-Alert
April 1, 2014, Law360
Covington's Robert Long, John Vine and David Zionts are mentioned in regards to their appearing before the U.S. Supreme Court on behalf of Fifth Third Bank.
March 25, 2014, Reuters
Daniel Suleiman, partner at Covington, is quoted in regards to charges of wire fraud against Toyota for concealing safety problems, which marked the first criminal case of its kind against an auto company: "Prosecutors can only be as successful as the facts allow, but the Toyota agreement puts companies on notice that when you have a problem, you need to deal ...
March 21, 2014, Covington E-Alert
March 5, 2014, Insurance Coverage Litigation Committee CLE Seminar
March 3, 2014, Covington E-Alert
February 25, 2014
WASHINGTON, DC, February 25, 2014 —Covington & Burling secured a defense verdict for Salix Pharmaceuticals today after a jury rejected all of Napo Pharmaceuticals’ breach of contract claims related to Fulyzaq (Crofelemer). Following a two-week trial before New York Supreme Court Justice O. Peter Sherwood, a jury rejected all of Napo’s claims against Salix, ...
February 11, 2014, African Law & Business
February 3, 2014, Law360
January 31, 2014
WASHINGTON, DC, January 31, 2014 — Am Law Litigation Daily named Covington & Burling’s Robert Wick as “Co-Litigator of the Week” for his role in securing dismissal of various antitrust claims, valued at more than $3 billion, brought by Motorola Mobility against Samsung Electronics and several other liquid crystal display manufacturers. In a ruling issued on ...
January 27, 2014, Law360
January 15, 2014, Covington E-Alert
WASHINGTON, DC, January 3, 2014 — Covington & Burling has been selected by The American Lawyer as one of the nation’s top six litigation departments. A profile of the firm’s litigation practice is featured in the January 2014 issue of the magazine. In naming Covington a finalist for its biennial “Litigation Department of the Year” award, The American Lawyer ...
January 2014, Covington E-Alert
January 2014, Covington Advisory
December 31, 2013, Covington E-Alert
December 2013, Covington E-Alert
NEW YORK, September 27, 2013 — Covington & Burling received six awards at the inaugural LMG Life Sciences awards on September 25, including “FDA Pharmaceutical Firm of the Year” and Richard Kingham’s induction to the Hall of Fame.
The awards, which are selected based on a survey of peers and leading companies in the life sciences industry, “recognize and honor ...
SAN FRANCISCO, September 12, 2013 — Covington & Burling partners Bruce Deming and David Goodwin have been named to the Daily Journal’s list of “Top 100 Lawyers” in California. The list recognizes “the tremendous legal talent” in the state, according to the publication’s editors.
Mr. Deming was recognized for his work representing Microsoft Corp. in major ...
July 10, 2013, Covington E-Alert
LONDON, 2 July, 2013 — Covington & Burling LLP is pleased to announce that Ben Holland and Jeremy Wilson are joining the firm’s London office as partners. Both will practice in Covington’s international arbitration and commercial litigation practice groups, focusing on energy-related disputes. They are joining a well-established team that has been at the ...
June 24, 2013
WASHINGTON, DC, June 24, 2013 — The National Law Journal named Covington & Burling today as the winner of its Washington Litigation Department of the Year contest in the white collar defense practice category.
“We are honored that the National Law Journal has recognized the many strengths of Covington’s white collar and investigations practice,” said Timothy ...
June 21, 2013, Covington E-Alert