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- Securities Litigation and Enforcement
Covington regularly represents clients in high-stakes securities and derivatives enforcement and litigation matters. Our litigators have extensive experience handling cases in courtrooms across the country, before arbitration panels, and in bankruptcy court.
Covington represents companies and individuals in every major area, including complex securities and other instruments, shareholder class actions and derivative litigation, and transactional disputes.
Covington’s securities and commodities enforcement attorneys regularly represent clients before the SEC, the Commodity Futures Trading Commission (CFTC), the Financial Industry Regulatory Authority (FINRA), regional exchanges, and state securities regulators.
When regulatory investigations are accompanied by parallel criminal investigations, we are exceptionally well-equipped to handle those as well. Our committed group of senior litigators include a former head of the SEC Enforcement Division's nationwide litigation program, a nine-year veteran of the CFTC leads our commodity regulatory and enforcement practice, a former head of the SEC San Francisco District Office, and former federal prosecutors in California, New York, and Washington who prosecuted criminal securities fraud cases.
We also conduct internal investigations, design corporate compliance programs, and conduct compliance training at many of the world's largest corporations.
Covington's Securities/Derivatives Litigation and Enforcement group is not only widely recognized for litigating and winning high-profile securities cases, but also for devising creative legal strategies to resolve matters long before they draw public scrutiny.
Dodd Frank whistleblower rulemaking proceeding
Represented a leading industry coalition in the rulemaking proceeding on the whistleblower provisions of the Dodd-Frank Act.
Former CEO of IndyMac Bancorp in Litigation
Representing the former CEO of IndyMac Bancorp in matters arising out of the failure of IndyMac Bank, including knocking out all but one claim in SEC’s once wide-ranging securities enforcement case and settling the last remaining claim, without admitting or denying liability, as a negligence-based claim for $80,000 and a commitment to comply with the securities laws; successfully resolving an FDIC lawsuit; and defending against and/or successfully resolving several securities class action lawsuits, mortgage-backed securities cases, and purported ERISA class action lawsuits.
IndyMac Bank Securities Class Actions
Represented the former CEO of IndyMac Bank in multiple securities and ERISA class actions.
IndyMac SEC securities fraud case
Defended the former CEO of IndyMac in an SEC securities fraud case and FDIC lawsuit involving one of the most high-profile bank failures of the recent financial crisis.
IndyMac SEC civil claims
Defended civil claims brought by the SEC and FDIC against the former CEO of IndyMac BankCorp, Michael Perry, in connection with the bank’s failure in 2008. The cases were ultimately settled on very favorable terms. Relatedly, we represented Mr. Perry on insurance coverage issues concerning his defense.
Insider Trading Investigations for Fortune 500 Companies
Representation of special committees of the boards of Fortune 500 companies regarding insider trading investigations.
Global financial services firms
In numerous securities arbitrations arising from alleged securities frauds and other wrongs.
Manufacturing company SEC enforcement action
Persuaded the U.S. Securities and Exchange Commission not to pursue enforcement action against a leading manufacturing company following an 18-month investigation of business practices in Europe and Asia.
December 3, 2020, Covington Alert
I. Introduction On November 2, 2020, the SEC’s Division of Enforcement issued its Annual Report for Fiscal Year 2020 and just two weeks later Jay Clayton confirmed that he would be ending his tenure as Chairman of the SEC at the end of this year.[1] In a year dominated by the COVID-19 pandemic, Chairman Clayton caps off his enforcement legacy with what could ...
November 21, 2020, CoinTelegraph
Arlo Devlin-Brown spoke with CoinTelegraph about the DOJ’s Cryptocurrency Enforcement Framework and its extension of prosecution outside U.S. borders. Mr. Devlin-Brown says, “The DOJ has consistently taken the position that U.S. criminal jurisdiction extends to activity with minimal ties to the U.S., and U.S. courts have in many cases embraced the DOJ's ...
CFPB Enforcement Sees Highest New Case Volume In 5 Years
October 14, 2020, Law360
Eric Mogilnicki is quoted in Law360 regarding the rising number of CFPB enforcement cases in the last five years. Mr. Mogilnicki says, “I think it's a coincidence. These cases take time to germinate, and the bureau has been working on the assumption that Seila Law wouldn't disrupt its enforcement activities. I can't imagine they were holding back waiting for ...
September 29, 2020, Covington Alert
Last week, a divided Securities and Exchange Commission amended its whistleblower rules, hailing the changes as adding “clarity, efficiency and transparency to its successful whistleblower program.” Although the agency made a large number of changes to the program, the amendments should not have a significant overall effect on SEC whistleblower activity, which ...
June 24, 2020, Covington Alert
On June 22, 2020, in Liu v. SEC, the U.S. Supreme Court, by an 8-1 majority, upheld the SEC’s decades-old practice of seeking disgorgement of ill-gotten gains from securities law violators in civil enforcement actions filed in federal district court. The SEC’s victory, however, was tempered by the Court’s insistence that disgorgement must be strictly limited to ...
Justices' Liu Ruling Creates More Questions Than Answers
June 23, 2020, Law360
Gerald Hodgkins is quoted in Law360 regarding the U.S. Supreme Court’s opinion in Liu v. SEC, which determined that the SEC can obtain disgorgement through enforcement actions in district courts as a form of equitable relief. Mr. Hodgkins says the regulator's current practice of seeking a tippee's profits from a tipper in insider trading cases likely won't fly ...
April 25, 2020, Law360
Ian Hargreaves spoke with Law360 about an increase in market manipulation cases amid the COVID-19 pandemic. Mr. Hargreaves says, “The FCA will be looking very closely at markets and insider dealing to see if there are any trends and fluctuations that are unexplained. We will only see the outcome of that in several months or even several years' time.” He adds, ...
Mark Finucane Named to GIR 40 Under 40
April 23, 2020
LONDON—Global Investigations Review has named Mark Finucane to its third “40 Under 40” list, profiling 40 leading investigations specialists from around the world. Honorees were selected on a range of factors including their experience, third-party references, and the jurisdictions where they work. Mr. Finucane’s practice focuses on representing institutions and ...
Banks Must Watch Out For Fraud Revelations Amid Pandemic
April 14, 2020, Law360
Amanda Kramer and Gerald Hodgkins were quoted in Law360 regarding the potential fraud schemes that may be exposed during the COVID-19 pandemic. Ms. Kramer says, “Ponzi schemes are often discovered when investors seek to redeem their investments and learn that the money's not there. As we saw in the wake of the 2008 financial crisis, a loss of confidence in the ...
November 25, 2019
Due to a dramatic increase in administrative proceedings against investment advisers, combined with a noticeable increase in issuer reporting / audit and accounting cases, the Securities and Exchange Commission ended Fiscal Year 2019 with a slight increase in enforcement activity compared to 2018. Absent the results of its share class selection disclosure ...
Focus on Sale of Higher-Fee Mutual Funds Fuels 30-Year High for SEC Enforcement Actions
November 6, 2019, Wall Street Journal
Gerald Hodgkins is quoted in the Wall Street Journal regarding an SEC enforcement case targeting the sale of higher-fee mutual funds. Mr. Hodgkins found that fines against such defendants are usually harder for the government to collect. Unlike Wall Street banks and public companies that are quick to pay, individuals and smaller firms accused of brazen frauds ...
October 2, 2019, Covington Alert
The enforcement staff of the Public Company Accounting Oversight Board (“PCAOB”) recently issued guidance for when it will recommend to the PCAOB disclosing the identity of non-party audit clients in disciplinary orders against auditors. The guidance confirms a policy change that we identified earlier this year.
Former SDNY Prosecutor Joins Covington
September 11, 2019
NEW YORK—Amanda Kramer, former Assistant U.S. Attorney for the U.S. Attorney’s Office for the Southern District of New York, has joined Covington’s White Collar Defense and Investigations Practice in New York as a partner. Ms. Kramer served for more than 11 years as a federal prosecutor in the Southern District of New York. Most recently, she served as a senior ...
Covington Nabs 11-Year Federal Prosecutor For NY Office
September 11, 2019, Law360
Amanda Kramer spoke with the New York Law Journal about her recent move to Covington and her experience as a prosecutor in New York. Ms. Kramer says, “I’m really excited for this change and thrilled to be here.” On one occasion, she prosecuted a case involving underpaid employees, saying “One of the big benefits of that case was that it brought attention to the ...
September 11, 2019, New York Law Journal
Amanda Kramer spoke with the New York Law Journal about her recent move to Covington and her experience as a prosecutor in New York. Ms. Kramer says, “I’m really excited for this change and thrilled to be here.” On one occasion, she prosecuted a case involving underpaid employees, saying “One of the big benefits of that case was that it brought attention to the ...
Covington & Burling scoops former SDNY prosecutor
September 11, 2019, Reuters
Reuters covered Amanda Kramer’s onboarding as a partner to Covington. Ms. Kramer said the firm’s “track record of bringing in former prosecutors and giving them a place where they can thrive and have really robust practices.”
Focus Financial Opens Door to Investment Banks
September 4, 2019, RIAIntel
Brian Rosenzweig spoke with RIAIntel about the continued need for registered investment advisers to file Form S-3 with the SEC. Mr. Rosenzweig says, “It is certainly customary for public companies to seek to file and declare a shelf registration statement as soon as they become shelf-eligible, which is typically one year after an IPO.” Companies routinely file ...
SEC Chairman's Stance on Waivers Gives Companies More Certainty But Does Little to Stem Controversy
July 15, 2019, The Wall Street Journal
David Kornblau is quoted in The Wall Street Journal regarding a new SEC policy which will change the agency’s stance on waivers. According to Mr. Kornblau, the new policy doesn’t substantively change the SEC’s decision-making process on waivers, but it may make it easier for companies to enter into settlement agreements. “It allows the companies to make those ...
Feds Send Clear Message With Flurry Of Fintech Cases
June 7, 2019, Law360
Anne Termine is quoted in Law360 regarding the SEC’s enforcement on fintech and cryptocurrency matters. Ms. Termine says, “From my perspective, having a no-fine case is a pretty big deal. And I think the SEC wanted to make pretty clear that it was a big deal that this was a self-report and that [the company was] recognizing the SEC jurisdiction, that they were ...
Chancery Tosses Derivative Suit Over Uber-Ottomotto Deal
April 1, 2019, Law360
We secured an important win for Uber in a case involving an investor’s derivative lawsuit.
March 7, 2019
LOS ANGELES—Ryan Weinstein has joined Covington in the firm’s Commercial Litigation practice in Los Angeles. Mr. Weinstein most recently served as an Assistant United States Attorney in the Central District of California. At the U.S. Attorney’s Office, Mr. Weinstein prosecuted and tried dozens of criminal cases, briefed and argued numerous appeals before the ...
February 27, 2019, Covington Advisory
On February 26, 2019, the Public Company Accounting Oversight Board (“PCAOB”) for the first time issued disciplinary orders against auditors that protected the identity of the auditors’ client. In the past, the PCAOB had a practice of identifying the audit client by name in disciplinary orders if the matter involved violations of auditing standards by the ...
November 3, 2018
Due to a flurry of enforcement activity in the last quarter of Fiscal Year 2018, which closed at the end of September, the Securities and Exchange Commission filed nearly 10% more cases in 2018 than in the year before. The agency topped last year's numbers in every major category of cases except issuer disclosure and accounting, which were down about 13% from ...
November 3, 2018, The New York Times
Gerald Hodgkins is quoted in The New York Times regarding SEC enforcement activity during the first 20 months of the current Administration. Mr. Hodgkins says there was an uptick in enforcement in 2018 against fraudulent stock offerings and investment advisers accused of lying and stealing. At the same time, the SEC brought fewer market manipulation cases, which ...
October 29, 2018, Legal Business
Craig Pollack participated in an interview with Legal Business regarding the future of big law. When asked about the structures within a law firm, he said, “I agree with what people have said subject to this caveat: our ability to predict is not great. However, I think there will be a law firm that has $7 billion in revenue. I doubt it will be an elite firm. We ...
October 26, 2018, African Law & Business
Benjamin Haley's relocation from Washington to Johannesburg is featured in African Law & Business. Mr. Haley specializes in compliance and enforcement matters, and his work spans the African continent, representing clients in Kenya, Nigeria, Tanzania, Uganda, and South Africa.
October 5, 2018, Covington Alert
Over 3,000 commenters submitted letters to the Securities and Exchange Commission ("SEC") concerning the agency's recently proposed amendments to its whistleblower rules. This response reflects the perceived importance of the SEC's proposal to companies and employees.
Litigation Luminaries
September 10, 2018, Commercial Dispute Resolution
Eric Holder and Craig Pollack are featured in Commercial Dispute Resolution regarding the firm’s ambitions to be at the forefront of international dispute resolution. Mr. Holder and Mr. Pollack discussed managing complex disputes, diplomatic solutions, culture of collaboration, Brexit, and structure and strategy of a case. Mr. Holder said in the interview, “We ...
July 26, 2018, Bloomberg Law
Mark Gimbel is quoted in a Bloomberg Law story concerning a report by Cornerstone Research and the Stanford Law School Securities Class Action Overall Clearinghouse identifying a shift in merger-related litigation from state to federal court. In the article, Mr. Gimbel also comments on other securities litigation trends, including a possible uptick in Securities ...
July 19, 2018, Covington Alert
Last week, in SEC v. Cohen, a federal district court dismissed an SEC enforcement action, in its entirety, on statute-of-limitations grounds. Most notably, citing the Supreme Court’s 2017 Kokesh decision, the court held that the injunction sought by the SEC in the case "would function at least partly to punish Defendants and is therefore a penalty" for purposes ...
Sarah Crowder Named to GIR's "Women in Investigations"
July 17, 2018
LONDON—Global Investigations Review has named Covington’s Sarah Crowder to the second edition of “Women in Investigations,” highlighting 100 female practitioners from across the globe. Nancy Kestenbaum and Mythili Raman were selected to the list’s first edition in 2015. The survey highlights a variety of women not previously recognized by the magazine—from ...
June 21, 2018, Bloomberg Law
David Kornblau is quoted in a Bloomberg Law article regarding the Supreme Court's ruling that SEC in-house judges are constitutional officers, a decision that left open the status of 1,900 other officials in similar roles at agencies including the Federal Energy Regulatory Commission, National Labor Relations Board, and the Environmental Protection Agency. ...
June 18, 2018
NEW YORK—New York Law Journal has named Covington commercial litigation partner Christopher Y. L. Yeung as a winner of its 2018 "Rising Stars" award. Mr. Yeung represents clients in trials and other complex litigation. Within the past year, Mr. Yeung has helped secure the affirmance on appeal of a trade secrets trial victory with half a billion dollars at ...
New York Law Journal Names Its Rising Stars
June 14, 2018, New York Law Journal
Christopher Yeung was named among New York Law Journal's Rising Stars list.
Benjamin Haley Promoted to Partner
May 2, 2018
JOHANNESBURG AND WASHINGTON—Covington has promoted Benjamin Haley to its partnership. Mr. Haley, who has deep experience conducting investigations and compliance projects on the ground in Africa, will be relocating from Washington to the firm’s Johannesburg office this summer, where he will lead the firm’s Africa Investigations and Compliance practice. Mr. Haley ...
April 24, 2018, Covington Alert
On Wednesday, April 18th, the SEC introduced a much-anticipated package of proposed rules and formal guidance concerning the standards of conduct for financial professionals. The more than 1,000-page proposal, which emerged eight years after Congress required the agency to conduct a study on the topic, addresses whether investment advisers and broker-dealers ...
April 19, 2018
WASHINGTON—The BTI Consulting Group has named Covington lawyers Andrew Smith, Jonathan Sperling, and Allan Topol to its 2018 “Client Service All-Stars” list, which recognizes “the leaders in superior client service.” Mr. Smith, based in Washington, advises clients on retail financial services, credit reporting, privacy, technology, and e-commerce issues. He ...
April 3, 2018, Law360
Law360 highlights a decision by U.S. District Judge Louis L. Stanton who stated that a proposed class of Resource Capital Corp. shareholders could not pursue a suit on behalf of the real estate investment trust without the board of directors’ approval. Mark Gimbel, who represents the board and officers, said, “We are pleased with the court’s decision, which ...
March 28, 2018, Commercial Dispute Resolution
Commercial Dispute Resolution highlights the arrival of David Luttinger and Gerald Hodgkins at Covington. Commenting on Luttinger's addition, Mitchell Dolin says that the firm was “drawn to his superb national reputation as a trial lawyer in the coverage field and to his strengths as an individual and colleague.” According to David Kornblau, Hodgkins’ “broad ...
March 20, 2018
WASHINGTON—DCA Live has named Covington’s Adam Studner to its “2018 Rising Stars of Law 40 Under 40” list. Mr. Studner’s practice focuses on white collar criminal matters, internal corporate investigations, and compliance counseling. He regularly represents clients in Foreign Corrupt Practices Act and corruption-related internal investigations and risk ...
SEC Settles Fourth Cherry-Picking Enforcement
March 13, 2018, Compliance Reporter
Gerald Hodgkins is quoted in a Compliance Reporter article regarding a recent settlement between Valor Capital Asset Management and the Securities and Exchange Commission. According to Hodgkins, the settlement serves as an example of the way the agency’s improved data analytics can help regulators spot potentially problematic activity. “What is different in this ...
February 23, 2018, Covington Alert
On Wednesday, the Supreme Court issued its much-anticipated decision in Digital Realty Trust, Inc. v. Somers. Ruling 9-0, the Court held that the Dodd-Frank Act prohibits retaliation against whistleblowers only if they reported suspected wrongdoing directly to the SEC.
February 22, 2018, Law360
David Kornblau is quoted in a Law360 article regarding the Supreme Court's decision in Digital Realty Trust Inc. v. Paul Somers. According to Kornblau, the justices essentially found that the argument in favor of a narrow definition of whistleblower was “so lopsided” that “they didn’t really need to get into any of the subtleties about the Chevron doctrine.” He ...
Former SEC official joins Covington
February 21, 2018, Compliance Reporter
Gerald Hodgkins is quoted in a Compliance Reporter article regarding his recent arrival as a partner in Covington's Securities Litigation and Enforcement and White Collar Defense and Investigations practices. “I bring to the table a deep understanding of what the issues are that drive the SEC and division of enforcement, along with what pressures affect them and ...
Covington hires 20-year SEC veteran
February 13, 2018, Global Investigations Review
Gerald Hodgkins is quoted in a Global Investigations Review article regarding his recent arrival at Covington. According to Hodgkins, he chose Covington after witnessing its excellent defence work while at the U.S. Securities and Exchange Commission.
February 12, 2018
WASHINGTON—Gerald Hodgkins has joined Covington as a partner in the Securities Litigation and Enforcement and White Collar Defense and Investigations practices in Washington. Mr. Hodgkins most recently served as an Associate Director in the Enforcement Division of the Securities and Exchange Commission and has worked at the SEC’s Enforcement Division since ...
Former SEC Enforcer Joins Covington's DC Office
February 12, 2018, Law360
Gerald Hodgkins and David Kornblau are quoted in a Law360 article regarding Hodgkin's recent arrival as a partner in Covington's Securities Litigation and Enforcement and White Collar Defense and Investigations practices. Hodgkins says he is looking forward to “enhancing” Covington’s SEC enforcement practice, as well as complementing its white collar and ...
SEC Enforcer Hodgkins Lands at Covington & Burling
February 12, 2018, The National Law Journal
Gerald Hodgkins is quoted by The National Law Journal in an article regarding his recent move to Covington. "I was attracted to Covington because of the quality of its lawyers and its culture of teamwork and collaboration,” Hodgkins says. “I look forward to playing a key role in enhancing the firm’s SEC enforcement practice and complementing the firm’s prominent ...
January 30, 2018, Law360
Jonathan Sperling is quoted in a Law360 article regarding the increase in the number of federal securities class actions. “The increase in federal securities class actions as reflected in the Cornerstone Report is largely due to a significant jump in M&A filings, and that jump is likely driven by the elimination of so-called disclosure-only settlements in ...
Attys Eye Cases Impacting SEC Enforcement Powers In 2018
January 1, 2018, Law360
David Kornblau is quoted in a Law360 article regarding upcoming Supreme Court cases that could impact how the SEC regulates the financial industry. Commenting on the Digital Realty litigation, which could lead to a ruling on the broader issue of the Chevron doctrine, Kornblau says, “If the court goes down that road, it might call into question all kinds of ...
Whistleblower Case Could Widen Into A Chevron Challenge
November 27, 2017, Law360
David Kornblau is quoted in a Law360 article regarding the upcoming Supreme Court case focusing on the reach of whistleblower protections under the Dodd-Frank Act. According to Kornblau, if the high court expands the scope of the case to include a review of the Chevron doctrine it could have important ramifications for all federal regulatory agencies in terms of ...
SEC enforcement ebbs in 2017
November 20, 2017, Compliance Reporter
David Kornblau is quoted in a Compliance Reporter article regarding the SEC's annual enforcement report for 2017. According to Kornblau, the report showed a decrease in enforcement actions compared to the prior year, as the industry expects a downshift in regulation by the agency under new SEC Chair Jay Clayton. “My sense is that the overall level of new ...
Top 10 Game-Changing Litigator Moves in October
November 1, 2017, The Litigation Daily
The Litigation Daily recognizes Jennifer Saulino's move to Covington as one of the top "Game-Changing Litigator Moves in October." According to John Hall, “Jennifer’s skill and experience in litigating and trying fact-intensive cases combined with her track record of success in complex jury cases will benefit our clients and strengthen the firm’s general ...
Whistleblower Protections Here To Stay, Expert Says
October 27, 2017, Law360
David Kornblau participated in a panel discussion at the Securities Enforcement Forum 2017 and is quoted in a Law360 article examining an upcoming Supreme Court ruling in a case challenging the Dodd-Frank Act's ban on retaliation against whistleblowers. According to Kornblau, the main takeaway for companies and employees watching the case is “what’s not at ...
October 26, 2017, The National Law Journal
David Kornblau participated in a panel discussion at the Securities Enforcement Forum 2017 and is quoted in a National Law Journal article. Commenting on whistleblower protections ahead of an upcoming Supreme Court decision, Kornblau says, "For companies, there really are risks either way this case comes out."
State Appellate Vets Team Up; Another Law Firm Merger; Inside Clyde's Insurance Practice Play
October 6, 2017, The National Law Journal
The National Law Journal highlights Jennifer Saulino's return to Covington. “Covington offered me a really exciting opportunity to marry my focus on trial work with Covington’s diverse practice areas and client base on a very large scale," she says.
October 4, 2017
WASHINGTON—Jennifer Saulino has joined Covington’s Litigation and White Collar Defense and Investigation practices as a partner in Washington. Ms. Saulino’s practice focuses on trials as well as defending individuals and corporations in investigations and prosecutions, with particular experience in the pharmaceutical, health care, banking and securities, oil and ...
Ex-FCPA unit supervisor joins Covington
October 3, 2017, Global Investigations Review
Global Investigations Review highlights Jennifer Saulino's return to Covington as a partner in its Litigation and Investigations practice.
Former DOJ Prosecutor Rejoins Covington In Washington
October 3, 2017, Law360
John Hall and Jennifer Saulino are quoted in a Law360 article regarding her return to Covington as a partner in the firm's Litigation and Investigations practice. According to Hall, Saulino has “earned the respect and admiration of her colleagues and adversaries” in the courtroom with both her skills and her willingness to take on the most difficult cases. ...
September 29, 2017, Law360
David Kornblau is quoted in a Law360 article regarding the effect the Supreme Court's upcoming docket may have on the legal framework for the securities industry. Commenting on the Digital Realty litigation, which focuses on the reach of Dodd-Frank Act’s whistleblower protections, Kornblau says, "This is one where the agency has actually gone through the process ...
June 15, 2017, Regulatory Compliance Watch
David Kornblau is quoted in a Regulatory Compliance Watch article regarding the Supreme Court's decision mandating a five-year statute of limitations on disgorgement assessed by the SEC. Commenting on the SEC's options, Kornblau says that one thing that the agency could do is rename disgorgement, “calling it restitution." The agency could argue that restitution ...
June 13, 2017, Business Insurance
David Kornblau is quoted in a Business Insurance article regarding the effect of the Supreme Court ruling in Kokesh on SEC disgorgement attempts. According to Kornblau, “It’s a highly significant ruling, not only because of the statute of limitations, but because it puts into play whether the SEC has the power to obtain disgorgement from a federal court in any ...
April 11, 2017, Covington Alert
The U.S. Securities and Exchange Commission (“SEC”) has adopted amendments to its rules and forms that will require companies filing registration statements and reports subject to the exhibit requirements of Item 601 of Regulation S-K to include an active hyperlink to each exhibit listed in the exhibit index, whether or not the exhibit is incorporated by ...
February 1, 2017, The Litigation Daily
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.” Jeremy ...
Industry digests 2017 SEC exam priorities
January 31, 2017, Compliance Reporter
David Kornblau is quoted in a Compliance Reporter article regarding industry’s reaction to the SEC’s 2017 examination priorities. “I think everybody is waiting with bated breath to see if the priorities and philosophy of the agency will take a different direction once Clayton and other commissioners are confirmed,” says Kornblau. “We are all in a guessing game ...
Covington makes KWM competition hire
January 17, 2017, Global Competition Review
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
January 17, 2017, Law360
Jeremy Wilson is quoted in a Law360 article regarding the arrival of Craig Pollack and Louise Freeman to the firm’s European Dispute Resolution practice. According to 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, and the fact that London is, ...
January 16, 2017
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 ...
January 4, 2017, Covington Alert
One piece of the ongoing debate over the Securities and Exchange Commission’s use of Administrative Law Judges to adjudicate enforcement actions may be heading to the U.S. Supreme Court. On December 27, 2016, in Bandimere v. SEC, the U.S. Court of Appeals for the Tenth Circuit invalidated SEC sanctions against an individual on the ground that the ALJ who ...
Trump's Conflict-of-Interest Problem
November 14, 2016, The New Yorker
In a New Yorker article regarding potential conflicts of interest in President-elect Donald Trump’s administration, Arlo Devlin-Brown comments on the importance of avoiding even ‘the appearance of impropriety’ for companies doing business with the Trump Organization.
New Priorities Likely for U.S. Attorney Offices
November 13, 2016, The Wall Street Journal
Arlo Devlin-Brown is quoted by The Wall Street Journal in an article regarding the uncertainty surrounding the types of cases the U.S. Justice Department will pursue during Donald Trump’s presidency. According to Devlin-Brown, “It is only in rare circumstances that a leadership change impacts prosecutions or well-developed investigations already in progress at ...
SEC Blasts Employee Confidentiality Agreements
November 7, 2016, Agenda
Barbara Hoffman and Lindsay Burke are quoted in an Agenda article regarding the SEC’s continued interest in restrictive confidentiality agreements that could deter employees from reporting company violations to authorities. According to Hoffman, the Occupational Safety and Health Administration administers a number of whistle-blowing programs for federal ...
September 30, 2016, Covington Alert
The U.S. Securities and Exchange Commission (SEC) continues to aggressively pursue companies using severance and other employment agreements that could be perceived to discourage employees from reporting possible securities law violations. Three enforcement actions this past summer demonstrate the need for companies to proactively review and give consideration ...
Covington recruits in London
September 12, 2016, Global Arbitration Review
Greg Lascelles is quoted in a Global Arbitration Review article regarding Lascelles’ recent arrival to Covington. “I am very excited to join this growing team,” says Lascelles.
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 ...
David Pinsky Named Law360 'Rising Star'
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 ...
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 ...
May 19, 2015
NEW YORK, May 19, 2015 — Covington is advising Pandora Media, Inc., an Internet radio service, in its acquisition of Next Big Sound, Inc., a provider of online music analytics. The acquisition is expected to provide Pandora with a powerful analytics tool used by tens of thousands of music makers, labels and marketers looking for data and insights about artists ...
November 5, 2014, Covington E-Alert
S.E.C. Commissioner Rebukes His Colleagues
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 – ...
Law360's SEC Survival Guide: The Wells Notice And Beyond
July 31, 2014, Law360
Covington partner David Kornblau is quoted regarding SEC investigations: "For a response aimed at the commission level, for example, know which aspects of the case might have a policy angle or get the attention of media, other law enforcement agencies or Congress, says David Kornblau, co-chairman of Covington & Burling LLP’s securities enforcement practice. ...
The Daily Startup: SEC ‘Pay to Play’ Penalty for TL Ventures Could Be First of Many in VC
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, ...
Attys Ready To Pounce On SEC's Outdated Admin Rules
June 18, 2014, Law360
David Kornblau is quoted regarding the U.S. Securities and Exchange Commission’s administrative proceedings.
May 8, 2014
SAN FRANCISCO, May 8, 2014 — Covington’s David Bayless will participate in a West Coast SEC Directors Roundtable featuring a panel of six current and former directors from the Securities and Exchange Commission’s San Francisco and Los Angeles regional offices. Hosted by Securities Docket, the panel will address the most pressing and important issues and trends ...
Warren Pushes Regulators to Get Tougher on Banks
April 22, 2014, Wall Street Journal
Covington partner Edward Yingling is quoted in regards to Sen. Elizabeth Warren pushing top regulators, in public and in private, to get tougher on the nation's largest banks. The article states, "Industry representatives say her criticism of financial institutions has given regulators a green light to turn up the heat on banks. 'I think what really happened was ...
April 15, 2014, Covington Advisory
April 8, 2014, Covington E-Alert
October 16, 2013, The Review of Securities & Commodities Regulation
Fall 2013, 20th Annual Securities Litigation and Regulatory Practice Seminar
August 5, 2013, Covington E-Alert
July 29, 2013, Covington Advisory
July 3, 2013, Covington Advisory
April 26, 2013, Covington E-Alert
March 28, 2013
WASHINGTON, DC, March 28, 2013 — Lanny A. Breuer, most recently the Assistant Attorney General for the Criminal Division at the U.S. Department of Justice, is returning to Covington & Burling as Vice Chair of the firm. Mr. Breuer’s practice will encompass a wide range of civil and criminal litigation matters, as well as governmental and internal investigations. ...
Lynn Neils Joins Covington’s White Collar Practice
10/2/12
NEW YORK, October 2, 2012 — Former federal prosecutor Lynn Neils joins Covington & Burling’s litigation group as a partner, strengthening the firm’s highly regarded white collar practice. She will be resident in Covington’s New York office. A prosecutor in the U.S. Attorney’s Offices for the Southern District of New York and the District of New Jersey for more ...
Covington Lawyers Recognized by NY Super Lawyers
September 24, 2012
NEW YORK, September 24, 2012 — New York Super Lawyers selected 27 Covington & Burling lawyers for its 2012 list of top legal talent. Super Lawyers selects only five percent of the total lawyers in the state based upon peer review and the publication’s independent research. Nineteen Covington lawyers were named New York Super Lawyers: Jack Bodner, Mergers & ...
August 1, 2012, Covington E-Alert
July 12, 2012, Covington Advisory
June 11, 2012
WASHINGTON, DC, June 11, 2012 — Chambers USA recognized 106 individual Covington & Burling lawyers and 46 Covington practice areas in the 2012 Chambers USA: America’s Leading Lawyers for Business guidebook released on June 7, 2012. Many of the 106 Covington lawyers ranked by Chambers USA were recognized in multiple categories, resulting in a total of 131 ...
April 2, 2012, Covington Advisory
March 29, 2012
WASHINGTON, DC, March 29, 2012 — Euromoney Legal Media Group has named Covington & Burling and three of its partners to shortlists for the inaugural Americas Women in Business Law Awards. Covington has been shortlisted as one of the Best Firms for Minority Women Lawyers, based on the Diversity at Covington program, and for the Work-Life Balance Award, for the ...
February 20, 2012, Bloomberg BNA Securities Regulation& Law Report
U.S. News-Best Lawyers Awards Covington ‘Law Firm of the Year’ in FDA Law and 82 First-Tier Practice Rankings
November 1, 2011
WASHINGTON, DC, November 1, 2011 — For the second consecutive year, U.S. News-Best Lawyers awarded Covington & Burling the most first-tier practice rankings for Washington, DC in the “Best Law Firms” survey. The 2011-12 survey also awarded the firm 82 first-tier practice rankings, placing Covington among the top 20 firms nationwide. Additionally, U.S. ...
Eight Covington Lawyers Named ‘2012 Lawyer of the Year’
October 5, 2011
WASHINGTON, DC, October 5, 2011 — Best Lawyers named eight Covington & Burling lawyers as the “2012 Lawyer of the Year” in their respective practice areas and cities. According to Best Lawyers, the selected lawyers have received particularly strong ratings in the Best Lawyers' survey by earning a high level of respect among their peers for their “abilities, ...
September 27, 2011
NEW YORK, September 27, 2011 — Twenty Covington & Burling LLP lawyers are recognized in the 2011 edition of New York Super Lawyers. The annual list by Super Lawyers selects only five percent of the total lawyers in the state based upon peer review and the publication’s independent research. Sixteen Covington lawyers were named New York Super Lawyers: Jack ...
September 27, 2011, Covington E-Alert
September 7, 2011
WASHINGTON, DC, September 7, 2011 — Covington & Burling LLP lawyers received 184 individual mentions in 56 areas of law in the 2012 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: ...
March 7, 2011, Securities Industry and Financial Markets (SIFMA) Law & Compliance Society
September 29, 2010
WASHINGTON, DC, September 29, 2010 — Covington & Burling LLP is pleased to announce that, after serving at the U.S. Department of Justice as Deputy Chief of Staff and Counselor to the Attorney General, former Covington partner Jim Garland will return to the firm on October 1. His practice will focus on complex commercial litigation, including matters involving ...
September 1, 2010
WASHINGTON, DC, September 1, 2010 — Covington & Burling LLP is pleased to announce that Steven Fagell, most recently the Deputy Chief of Staff and Counselor to the Assistant Attorney General of the Criminal Division at the U.S. Department of Justice, has rejoined the firm as a partner. Mr. Fagell will practice in the firm’s litigation group, with a particular ...
July 29, 2010, Covington Advisory
July 21, 2010, Covington E-Alert
July 1, 2010, Covington E-Alert
June 23, 2010
WASHINGTON, DC, June 23, 2010 — Covington & Burling LLP received 85 individual mentions and 23 practice mentions in the Legal 500 US 2010 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
June 18, 2010, Washington Legal Foundation
May 27, 2010, Covington E-Alert
April 29, 2010, Covington E-Alert
5/18/2009
NEW YORK, NY, May 18, 2009 — Covington & Burling LLP is pleased to announce that David Kornblau, former Chief Litigation Counsel for the Securities and Exchange Commission’s Division of Enforcement, has joined the firm as a partner. He will be a member of Covington’s white collar and securities enforcement and litigation practices, and will be resident in the ...
February 3, 2009, Covington E-Alert
September 29, 2008
WASHINGTON, DC, September 29, 2008 — Covington & Burling LLP received 124 individual mentions in 40 areas of law in the 2009 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
Recent SEC Enforcement Actions Against In-House Lawyers: An Ominous Trend for the Legal Profession
July 2007, Securities Litigation & Regulation Reporter
June 29, 2007, Covington Advisory
March 26, 2007, Covington E-Alert
March 5, 2007
SAN FRANCISCO, CA, March 5, 2007 — Covington & Burling LLP announced today that David Bayless has joined the firm as partner. He will be resident in the firm’s San Francisco office.Mr. Bayless was the head of the Securities and Exchange Commission’s San Francisco office from 1994 to 1999, during which time he was responsible for all enforcement and regulatory ...
In re Worldcom, Inc. Securities Litigation: Due Diligence for Underwriters and Directors
March 7, 2005, Covington Advisory
- Chambers USA, Securities (2019)
- Enforcement: Bruce Baird and David Kornblau
- Chambers USA: Litigation/White Collar Crime & Government Investigations (2019)
- Stephen Anthony, Lanny Breuer, Steve Fagell, Carolyn Kubota, Nancy Kestenbaum, Mythili Raman, Daniel Shallman, Douglas Sprague, and Alan Vinegrad
- Securities Docket recognized Bruce Baird and David Bayless on its inaugural "Enforcement 40" list (2013)
- Am Law Litigation Daily recognized Jean Veta as "Litigator of the Week" (12/20/2012
- Legal 500 US , Securities Litigation (2017)
- Bruce Baird, Mark Gimbel, Nancy Kestenbaum, David Kornblau, William Phillips, and Robert Wick
- Legal 500 US, White Collar Criminal Defense (2017)
- Lanny Breuer, Eric Holder, Nancy Kestenbaum, Ethan Posner, and Mythili Raman
- Best Lawyers in America (2019)
- Corporate Compliance: Bruce Baird, David Bayless, Len Chazen, Thomas DeFlipps, Philip Howard, and David Martin
- Criminal Defense - White Collar: Stephen Anthony, Bruce Baird, Lanny Breuer, Steven Fagell, Nancy Kestenbaum, Carolyn Kubota, Aaron Lewis, Mark Lynch, John Nields, Ethan Posner, Michael Scheininger, Dan Shallman, Douglas Sprague, and Alan Vinegrad
- Best Lawyers in America “Lawyer of the Year” (2012)
- David Bayless, Corporate Compliance Law, San Francisco
- Who’s Who Legal, Business Crime Defense (2012)
- John Nields, Ethan Posner, Jason Raofield, and Alan Vinegrad
- Northern California Super Lawyers (2018)
- Securities Litigation: David Bayless
- Washington DC Super Lawyers (2019)
- Criminal Defense - White Collar: Stephen Anthony, Bruce Baird, Chris Denig, John Hall, Geoffrey Hobart, Mitch Kamin, Ethan Posner, Mythili Raman, Michael Scheininger, Dan Shallman, and Alan Vinegrad
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