Commercial Litigation

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We have a long track record of successfully representing clients in their most important commercial litigation matters. These cases include contractual disputes; corporate control fights; tortious interference, breach of fiduciary duty, and other business tort cases; trade secrets disputes; and other high-stakes business litigation.

Our litigators have successfully tried hundreds of jury and bench trials. We also specialize in finding creative ways to resolve cases short of trial, through early motions; favorable settlement based on aggressive, targeted discovery; and summary judgment.

In today’s increasingly regulated world, our commercial litigators work hand-in-hand with lawyers in our leading regulatory practices, giving us an edge over other firms.

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

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

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

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

Won Summary Judgment for DARCARS in Suit Seeking Ownership/Control

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

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

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

Half-billion Dollar Trade Secrets Trial Victory for McKesson

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

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Covington Snags Undefeated Litigator From O'Melveny

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

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

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

Covington's LA Office Makes Another Lateral Addition

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

Leading Trial Lawyer Joins Covington

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

Big Suits: PSKW v. McKesson Specialty Arizona

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

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

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

Causation and quantum

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

Big Suits: PSKW v. McKesson Specialty Arizona

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

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

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

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

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

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

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

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

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

Pharmacy Loyalty Card Co. Escapes $250M IP Suit

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

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

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

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

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

Covington Adds Ex-Deputy Assistant AG To Appellate Group

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

January sees US law firms seek lateral talent

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

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

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

Deputy Assistant Attorney General Joins Covington

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

Covington Bags Brinkmann to Bolster Appellate Expertise

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

Covington makes KWM competition hire

Louise Freeman and Johan Ysewyn are quoted in a Global Competition Review article regarding Freeman’s arrival to the firm’s European Dispute Resolution practice. According to Freeman, Covington is an exciting firm to join – especially as the firm is “expanding at a phenomenal rate.” She adds, “It’s going to be great fun educating the London market on what is ...

2 Disputes Lawyers Move To Covington Amid KWM Collapse

Alex Leitch and Jeremy Wilson are quoted in a Law360 article regarding the arrival of Craig Pollack and Louise Freeman to the firm’s European Dispute Resolution practice. According to Leitch and Wilson, “The firm’s growing footprint in London is a reflection of client demand that is fueled by the increasingly challenging regulatory and compliance environment, ...

Covington Boosts Dispute Resolution Practice in London with Two Partners

LONDON—Craig Pollack and Louise Freeman have joined Covington as partners in the firm’s European Dispute Resolution practice resident in London. Mr. Pollack will also serve as co-chair of the firm’s Global Disputes Initiative with former U.S. Attorney General Eric Holder and former U.S. Under Secretary of State Alan Larson. Mr. Pollack focuses on complex high ...

SportsBusiness Journal Names Two From Covington to “50 Most Influential” List

WASHINGTON—SportsBusiness Journal has named Doug Gibson and Gregg Levy to its list of the “50 Most Influential People in Sports Business.” Mr. Gibson and Mr. Levy are two of only four lawyers in private practice on the list, which also includes league commissioners and team owners, broadcast industry and sponsor company CEOs, and other high-profile executives in ...

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

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

Covington recruits in London

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

Greg Lascelles Joins Covington’s European Dispute Resolution Practice

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

Brexit: The Contractual Aftershocks

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

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