Regulatory and Public Policy

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In an increasingly regulated world, Covington helps clients seize opportunities, navigate complex problems, and resolve difficult disputes.

Described as “well connected with both the regulators and thought-leaders,” by Chambers and Partners, we have more than 120 former regulatory and enforcement officials among our ranks.

With strength in litigation, investigations, and corporate work and deep knowledge of policy and policymakers, we turn regulatory insight into practical advice for doing business anywhere in the world.

Huawei Privacy Class Action

Defending Huawei, a Chinese mobile handset maker, in a putative class action alleging violations of the Wiretap Act, Stored Communications Act, and various state laws. The suit stems from the allegation that third-party mobile analytics software transmitted data about mobile device users’ activities to other parties without authorization.

Internal investigations for an aircraft manufacturer

Led more than a dozen internal investigations for a military aircraft manufacturer, including drafting voluntary disclosures filed with the Departments of State and Commerce that were successfully resolved. Also developed export compliance plans for several of the company’s high-profile international projects.

International procurement capacity building

Through the United Nations Development Program, the International Senior Lawyers Project, and the U.S. Department of Commerce’s Commercial Law Development Program, we provide procurement law expertise and training to senior procurement officials of foreign governments including Liberia, Iraq, and Afghanistan to help those countries build capacity for conducting predictable and transparent procurements. This experience allows us to provide specific, knowledgeable advice to clients wishing to pursue procurements conducted by foreign governments.

Joint Venture for Creation and Launch of 120 Sports

Represented NHL in connection with its entry into a joint venture with Silver Chalice Partners, Sports Illustrated and Major League Baseball Advance Media for the creation and launch of 120 Sports, the first multi-sport, league-created digital network in the United States. In addition to MLB and NHL content, the digital network will include content from the NBA, NASCAR and a number of college conferences. The network is expected to offer 24/7 programming on an unauthenticated basis, including live sports highlights and related news programming.

Largest Suspension and Investigation in USAID's History

A voluntary disclosure to USAID by one of its largest not-for-profits led the agency to suspend the entity for potential false claims and lack of internal controls, resulting in the board of directors forcing the resignation of the entity’s leadership team and hiring our lawyers to resolve the matters. When the agency refused to lift the suspension due to the lack of trustworthy internal controls and the entity was on the brink of shuttering its doors, our lawyers successfully negotiated a grand bargain to transfer nearly all of the programs, assets, and employees to another not-for-profit and settle the False Claims Act (FCA) investigation.

Launch of the WWE Network

Represented WWE in the launch of the WWE Network, a direct-to-consumer, subscription-only, online video channel that will air round-the-clock programming, including new programs and matches, an on-demand service, WrestleMania, and a six-decades-deep library for $9.99 a month. This is one of the first sports “over the top” offerings in the United States and the transaction received a great deal of publicity as a result.

Lindsay Goldberg's transformation of PAE

Represented private equity firm Lindsay Goldberg and PAE as regulatory counsel in six different M&A transactions that have grown PAE to a defense contractor with annual revenue in excess of $2 billion. Our work began in 2011 with Lindsay Goldberg’s acquisition of PAE from Lockheed Martin, and continued through to PAE’s acquisitions of Defense Support Services, CSC’s Applied Technology Division, USIS’s Global Security and Solutions Business, and A-T Solutions and to Lindsay Goldberg’s 2016 sale of PAE to Platinum Equity. Our work in each of these deals has included government contracts, national security, trade controls, and anti-corruption due diligence and advice on transaction structuring, novations, and regulatory approvals.

LinkedIn Privacy Class Action

Achieved dismissal of a putative class action against LinkedIn alleging violations of the Stored Communications Act and state law. The complaint asserted that LinkedIn disclosed LinkedIn user identification numbers and LinkedIn URL addresses to third party advertising companies, which allowed those companies to correlate the identity of a user with his or her previously anonymous Web browsing history.

Joint Ventures for Multiple Broadcast Clients

Representation of the first joint venture to provide Mobile Digital Television ("Mobile DTV") services in the United States in establishing a nine-company venture, as well as in negotiating a national joint venture with NBC, Fox and Ion Media to deploy this new digital service. This project has involved leading the negotiation of the Pearl Mobile DTV venture, leading the negotiation of certain programming and content agreements, and heading up public policy efforts with Congress, the White House, and the FCC.

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

The U.S. Supreme Court held that a participant stated a colorable ERISA fiduciary breach claim for losses stemming from the alleged failure to implement investment directions for his 401(k) plan account. In a concurring opinion, Chief Justice Roberts cited our amicus brief for The ERISA Industry Committee in stating that such actions might need to be brought as benefits denial claims and subjected to exhaustion of administrative remedies.

Legislation granting visa access for New Zealand nationals

We represented the Embassy of New Zealand in seeking the passage of legislation that would permit NZ nationals to access trade and investment visas in the United States. Covington assisted the Embassy in devising a legislative strategy, drafting the legislation, and lobbying key members of Congress and the Administration.

Consumer Financial Protection and Practices

Advise numerous financial institutions and non-bank financial services firms on unfair, deceptive, or abusive acts or practices (“UDAAPs”), fair lending, overdraft programs, credit cards, installment loans, and other consumer credit products, payments and payment systems, military lending, and managing vendor and other third-party relationships.

Fintech Financial Regulatory and Data Privacy Compliance

Advise numerous financial technology and services companies, including consumer reporting agencies, payment processors, and technology providers, on issues related to consumer credit reporting, financial privacy and data security, payment processing and payment systems, and state licensing requirements.

$44 Million Breach-of-Contract Recovery for KBR

Recovered $44 million plus interest on behalf of Kellogg Brown & Root Services Inc. (KBR) in a highly-publicized breach of contract dispute with the United States Army regarding the allowability of private security costs. The U.S. Court of Appeals for the Federal Circuit unanimously affirmed a ruling by the Armed Services Board of Contract Appeals that held the Army breached its contractual obligation to provide physical security to KBR and its subcontractors during the Iraq War.

Six-Year Dispute with DOJ Ends with Declination

Our client, a major aerospace manufacturer, was accused of misrepresenting key facts to a government agency, resulting in the agency's decision to move forward with a rocket launch that eventually failed. The client enlisted Covington’s representation in what ended up being a six-year, high-stakes dispute with DOJ. Our compelling presentation and mastery of the details bolstered our arguments, and DOJ ultimately advised it would not pursue a False Claims Act case against the company.

Blockchain Public Policy Counsel

We provide regular government affairs and public policy support and advice to a blockchain infrastructure and transaction processing company. In particular, we help them identify key stakeholders for Blockchain issues and guide them in their discussions with regulators in various jurisdictions and various industry sectors.

KKR and Texas Pacific Group Acquisition of TXU Corp.

KKR and Texas Pacific Group in securing the necessary FERC and NRC approvals for the successful acquisition of TXU Corp. for $45 billion, the largest leveraged buyout in history. The acquisition of TXU included its large fleet of generation assets in Texas as well as transmission and distribution facilities. We also provided counsel on energy regulatory, climate change, government affairs, and public policy matters. The acquired company is now Energy Future Holdings.

3rd Party Access to Distribution Resources and Required Retail Market Structure

Major national retail electricity supplier on the rules regarding 3rd party access to distribution resources and the retail market structure required to facilitate robust electricity supply competition in a dozen states including Texas, Pennsylvania, Illinois, Maine, Maryland, New York, Massachusetts and Ohio.

Acquisition of A123 Systems by Wanxiang America

Advised Wanxiang America’s purchase of substantially all of the non-government business assets of U.S. battery maker A123 Systems, Inc. On Jan. 28, 2013, CFIUS approved that transaction, valued at $256.6 million. Covington represented Wanxiang America in securing CFIUS approval. A123 makes lithium ion batteries for electric cars.

Legislative Victory in a 2016 FDA Nutrition Facts Panel Rule

When the 2016 Nutrition Facts Panel final rule required manufacturers to submit evidence demonstrating that their products met new standards, our client, a Midwestern food ingredients company, immediately complied. However, they were told the FDA would not be able to review the data in time to renew the company’s contracts. Faced with losing its domestic customers for its flagship products, we organized a robust appropriations strategy involving a series of high-level communications. Through our efforts, the FDA delayed compliance long enough to allow for due process. The company was able to swiftly renew its contracts with its biggest customers.

Dismissal of Multidistrict Litigation Alleging Contractor Negligence Inside Overseas War Zones

Obtained complete dismissal of 63 lawsuits brought by 800-plus named plaintiffs against KBR, the largest military services contractor in Iraq and Afghanistan. These claims challenged KBR’s use of burn pits to dispose of waste during those wars. The district court adopted our arguments in their entirety and held the claims were barred by the political question doctrine and preempted based on the “combatant activities” exception to the Federal Tort Claims Act.

Magellan’s Acquisition of AFSC

Represented Magellan Health as regulatory counsel during its $117.5 million acquisition of Armed Forces Services Corporation (AFSC), a provider of behavioral health and specialty services to the Department of Defense and other U.S. government agencies. We handled government contracts and national security matters for Magellan.

Representation of Microsoft in Landmark Case Involving Data Stored Abroad

Successfully challenged U.S. government warrant seeking data stored in Ireland. After a favorable decision from the Second Circuit—and while the Supreme Court was reviewing the case—Congress enacted the CLOUD Act, a modernized framework for cross-border data requests. See United States v. Microsoft Corporation, No. 17-2 (U.S.).

Advising on domestic sourcing compliance under subgrants and state and local agreements

Advised multiple for-profit clients about domestic sourcing requirements imposed under subgrants and state and local agreements through various Departments of Transportation and Energy appropriations, New Jersey Buy American requirements, and the American Recovery and Reinvestment Act of 2009.

Agricultural manufacturer global relationship building

We assisted one of the world’s largest manufacturers of agricultural equipment in establishing and strengthening relationships with key constituencies in the United States, Africa, and South America, including with relevant government officials and international NGOs. With our knowledge of global development programs and agricultural initiatives, we helped identify future markets and consumers through relationships with U.S. and non-U.S. government officials as well as international NGOs.

Advocating On Behalf of Clients Before Congress

Advocating on a variety of legislative and policy issues before Congress on behalf of major corporations and industry associations, including United Airlines, Union Pacific Railroad, Associated of General Contractors, American Association of State Highway and Transportation Officials, Association of Equipment Manufacturers, and U.S. Custom Harvesters.

Antidumping and Countervailing Duty Proceeding for Freight Railroad Company

We represented a freight railroad company in an antidumping and countervailing duty proceeding at the International Trade Commission covering certain intermodal containers from China. We assisted the company in successfully opposing the imposition of antidumping and countervailing duties on the Chinese containers.

AOL Privacy Class Action

Achieved dismissal of a putative class action against AOL alleging violations of the Wiretap Act, Video Privacy Protection Act, and numerous state laws. The suit alleged unauthorized collection of personal information from the plaintiffs’ computers using “Flash cookies” and unlawful disclosure of video viewing information to third parties.

Arms Export Control Act - third party beneficiary claims

Our client sold microchips under a U.S. Air Force Foreign Military Sales (FMS) transaction to a foreign ally’s defense ministry, in a “back-to-back” sale under the Arms Export Control Act (AECA), in which the Air Force purchased the microchips from our client and then sold them in turn to the foreign defense ministry. The foreign defense ministry then sought to present warranty claims directly against our client, claiming to be a third-party beneficiary under our client’s contract with the Air Force. We waged successful litigation in federal trial and appellate courts raising issues of first impression, which established that third-party beneficiary claims are not available, given the public policy and intent of the AECA.

Assisting clients with VA Schedule contracts involving medical equipment and pharmaceuticals

Assisted numerous clients with matters arising under U.S. Department of Veterans Affairs schedule contracts, blanket purchase agreements, and related national agreements, including matters relating to price reporting, drafting of proposals, interactions with federal employees, small business subcontracting, and compliance with other commercial-contracting requirements.

Assisting with cost classification determinations and implementation of subaward negotiation requirements

Advised global nonprofit organization on the appropriate classification of proposal costs claimed in connection with extensions of existing contracts and grants, as well as requirements relating to negotiation of profit under sole-source subawards for commercial items.

Assisting with review and overhaul of FSS pricing model

We advised a large technology reseller in conducting a review and revision of its pricing practices under its Federal Supply Schedule (FSS) contract with the U.S. General Services Administration (GSA). In addition to identifying and addressing potential pricing irregularities, we successfully guided the company through an overhaul of its Commercial Sales Practices Format (CSP-1) disclosure and convinced the GSA to permit our client to implement an alternative pricing model that greatly reduced administrative burdens.

Advice on the monitoring of employee communications

Conducted a pan-European and selective U.S. survey of laws and regulations affecting an employer’s right to monitor employee’s Internet use and review electronic communications. We have also advised numerous clients on the law governing call recording and access to (and disclosure of) employee e-mail, including in connection with several personal crises and actions.

Advised client of risk mitigation techniques during contract formation

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 clients on pricing and contracting under Veteran’s Health Care Act programs, including VA FSS, 340B, and Tricare

Advice to numerous clients regarding compliance with the statutory and contractual pricing obligations under the Veteran’s Health Care Act (VHCA), including performing gap analyses, providing policies and training, and assisting with investigations and disclosures.

Advising clients regarding anti-human trafficking compliance

Advised multiple clients concerning the Federal Acquisition Regulation’s anti-human trafficking requirements, which were expanded in early 2015. Our advice has included creating employee policies and trainings to facilitate compliance and developing contractor compliance plans that, among other things, provide tools for monitoring subcontractor adherence to human trafficking prohibitions.

Advising clients on the negotiation and performance of contracts with the Biomedical Advanced Research and Development Authority, the Defense Threat Reduction Agency, and the National Institutes of Health

Advised multiple clients on matters arising from their negotiation and performance of manufacturing and research and development contracts relating to various pandemic and Chemical, Biological, Radiological and Nuclear (CBRN) threats, including matters relating to government indemnification or liability protection for unusually hazardous risks, compliance with cost standards and principles, and protection of intellectual property.

Advice regarding shared employee and facility costs during M&A process

Advised client on structuring employee secondment agreements so as to permit reimbursement of costs of shared employees and associated indirect costs under a secondment agreement during a contractual novation process in connection with an M&A transaction, enabling the client to orderly transfer employees and facilities to the purchaser and ensure continued reimbursement up to the point of final transfer.

Binding Corporate Rules for global pharmaceutical company

Assisting GSK plc in its adoption of Binding Corporate Rules (BCRs) in order to permit the company to transfer personal data globally. We helped develop GSK’s privacy compliance program, obtain the UK data protection authority’s approval and continue assisting GSK during the subsequent implementation.

Successfully Represented Communications Manufacturer in Proposed Debarment Before GSA

Represented a manufacturer of lightweight communications supplies that had been proposed for debarment by the General Services Administration ("GSA"). After obtaining an emergency waiver of the proposed debarment, which enabled our client to continue filling new orders, we filed a formal written response that convinced GSA to terminate the proposed debarment.

Cable One Privacy Class Action

Achieved dismissals of three putative class actions against Cable One, a cable and Internet service provider, in litigation involving claims under the Wiretap Act, the Computer Fraud and Abuse Act, and related state laws. The litigation arose out of a third party’s test of a system using “deep packet inspection” for the purpose of serving targeted advertisements.

Canadian IP trade dispute

Life sciences companies are being negatively impacted as a result of patent practices in Canada that are leading to the premature invalidation of pharmaceutical patents. We represent a major life sciences company in a dispute under the North American Free Trade Agreement (NAFTA) seeking compensation for losses suffered by Canada’s internationally inconsistent patent practices.

Case of first impression arising from an FMS contract

Represented a U.S. electronics manufacturer in federal trial and appellate courts against contract claims by a foreign sovereign government asserting third-party beneficiary rights under a Foreign Military Sales (FMS) contract. The case raised issues of first impression under the Contract Disputes Act and Arms Export Control Act (AECA).

Compliance program for a defense company

Developed a major defense company’s comprehensive export controls compliance best-practices manual covering a range of export control topics. We seconded one of our associates to the company’s core export compliance organization to work on this project, which required synthesizing existing company compliance material and standardizing export compliance practices across a diverse group of businesses.

Cutting-edge cost allowability victory

Successfully represented a major defense contractor, through trial and decision, in board of contract appeals litigation involving the allowability of private security costs allegedly incurred in connection with providing logistical support to the U.S. military during the Iraq War. The case raised cutting-edge cost allowability, contractor-on-the-battlefield, and statute of limitations issues.

Deep experience

We have represented clients in numerous other congressional investigations and oversight hearings, including a major internet services company in an investigation of its practices abroad, a chemical manufacturer in an investigation of the safety of its products, an insurance company in a hearing on the federal long term care insurance program, a financial services company in an investigation of credit card terms, and drug companies in investigations concerning such matters as payments to doctors, marketing practices, generic approvals, drug importation, and drug safety.

Addressing Regulatory Enforcement Actions

We have addressed regulatory investigations and enforcement actions from regulators in the United States, Europe, and Asia following data breaches. These have included investigations or formal enforcement proceedings brought by the Federal Trade Commission, State Attorneys General, and the Securities and Exchange Commission in the United States, and by data protection authorities and sector-specific regulators across Europe and Asia.

Dismissal of personal injury case involving military personnel

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.

Dismissal of wartime wrongful death claims brought by contractor employees

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.

Dismissal of wrongful death case based on government contractor defense

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.

Eight-Year FCA Investigation Ends with Declination

Press reports accusing our client of using inflated labor categories on a billion dollar contract triggered an eight year False Claims Act (FCA) investigation. Eventually, our appeal to senior attorneys at the U.S. Department of Justice’s Civil Division brought an end to the FCA investigation and cleared the way for the client to negotiate an administrative settlement with the contracting agency resulting in a net payment to the client of millions of dollars.

Global assistance to international corporations on government procurement

One of the world’s largest manufacturers of civilian aircraft wanted to promote its foreign direct investment and expand access to government procurements in the United States and Latin America. We supported the company’s increased engagement in Washington, achieving notable recognition by U.S. policymakers at the most senior levels of government. We also advised on U.S. trade policy, export credit programs, and market access issues.

Global compliance

Conducted a detailed review of the human resources operations of a large pharmaceutical company to assess compliance with data protection and privacy laws and regulations in both the U.S. and EU, in anticipation of possible certification under the U.S.-EU Safe Harbor regime. Our extensive written report described potential compliance issues and recommended specific remedial actions.

Global privacy assessment

On behalf of one of the world’s leading consumer electronics and technology companies, we completed a comprehensive global privacy audit under the laws of the United States, the European Union, and China, including an assessment of the data collection, use, and sharing practices of numerous business units (including HR data), cross-border data transfers, and adopting a going-forward privacy governance and risk-management approach and corresponding policies and procedures.

Pharmaceutical public policy and government affairs

We advise a major pharmaceuticals and health care products company on a wide range of U.S. issues, including Medicare/Medicaid coverage and reimbursement matters related to medical devices, reauthorization of nutrition programs and food labeling policy and tax policy and assist them in advancing their domestic legislative and policy objectives. We also provide global public policy advocacy in countries around the world and in international regulatory bodies.

Allergy Therapeutics on Alerpharma Acquisition and £20 Million Placing

Representation of Allergy Therapeutics plc, the AIM-listed specialty pharmaceutical company, in its acquisition of Alerpharma, S.A. a Spanish-based allergy immunotherapy company which previously spun out from Spanish biopharmaceutical company, Zeltia S.A. Covington also advised Allergy Therapeutics on its recent £20.8 million placing of ordinary shares with institutional investors. The proceeds of the placing are being used to progress the clinical development of the company’s lead product, Pollinex Quattro Grass, through to FDA approval and planned launch in the United States in 2019.

Association for Maximum Service Television, Inc. on Legislative and Regulatory Broadcast-Related Issues

Representation of the TV industry trade association, the Association for Maximum Service Television, Inc. (MSTV), with respect to legislative and regulatory issues affecting broadcast television service, including the congressionally-mandated transition to an all-digital television service in June 2009 and the FCC's preparation of the National Broadband Plan mandated by Congress in the American Recovery and Reinvestment Act of 2009.

AstraZeneca/Bristol-Myers Squibb diabetes alliance

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).

AstraZeneca in $1.26 Billion Acquisition of Ardea Biosciences

Representation of AstraZeneca in its $1.26 billion acquisition of Ardea Biosciences. Under the agreement, AstraZeneca will pay $32 per share for all of the outstanding shares of Ardea. AstraZeneca is a global, innovation-driven biopharmaceutical business with a primary focus on the discovery, development and commercialization of prescription medicines for gastrointestinal, cardiovascular, neuroscience, respiratory and inflammation, oncology and infectious disease. Ardea is a biotechnology company based in San Diego, California, focused on the development of small-molecule therapeutics for the treatment of serious diseases.

BBVA in Acquisition of Simple

Representation of Banco Bilbao Vizcaya Argentaria, an international financial group based in Spain, in its acquisition of financial technology company Simple. The $117 million acquisition is part of BBVA's strategy to lead the technology-driven change that is transforming the financial services industry. According to Francisco González, Chairman and CEO of BBVA, Simple will reinforce BBVA’s “global digital transformation while BBVA will provide the means to help Simple maximize its outstanding growth potential.”

Bespoke Policy Development

When a newly formed government ministry in the Middle East was charged with developing “best-in-class” regulations, they turned to our policy experts and senior international advisors to design a regulatory system that would not only surpass global benchmarks, but would comport with the local legal system. Combining decades of government experience, key regulatory development, and local insight, our team delivered practical, implementable rules that are still in force today.

Biopharmaceutical Legislation Representation

Representation of coalition of innovative biopharmaceutical manufacturers during the multi-year process that led to enactment of the Biologics Price Competition and Innovation Act of 2010 (BPCIA). Played a similar role for the pharmaceutical industry prior to enactment of the Hatch-Waxman amendments of 1984. Currently advising members of the pharmaceutical industry on FDA regulatory aspects of 21st Century Cures Act and the Senate’s Innovation for Healthier Americans initiative.

NFL Lockout Class Action

Represented the National Football League in a class action antitrust case in which the NFL Players Association and ten prominent players sought to enjoin the NFL’s lockout of its player-employees. The U.S. Court of Appeals for the Eighth Circuit ruled for the National Football League, vacating the injunction entered by the District Court on the ground that the injunction violated the Norris-LaGuardia Act, which prohibits judicial interference in labor disputes.

Broadcasters on Range of Legislative Issues

Representation of broadcasters on a range of legislative issues, including media ownership and the digital television transition. When the FCC proposed to increase the number of stations a network could own, Covington led the effort to urge Congress to adopt a special provision reversing the FCC. On behalf of broadcasters, we have been deeply involved in drafting every provision affecting the digital television transition over the past decade. Our long involvement in these issues before the Commission enable us to contribute effectively and efficiently to the debate before Congress.

Broadcasters, Washington Post, and NFL on Broadband Matters

Advised local broadcasters, which have unique content in many markets, as they explore deals to move their content to broadband platforms, advised the Washington Post, and worked for many years with the NFL on a range of important communications and media issues, including debates on Sunday Ticket, importation of distant signals, and Internet gambling.

BSA in Major Domestic and International Copyright Law Reform Efforts

Advise Business Software Alliance in most of the major domestic and international copyright law reform efforts resulting from the advent of the digital age, including the U.S. Digital Millennium Copyright Act, the WIPO Treaties, the EU Copyright Directive, the EU Software Directive, implementation of the TRIPS Agreement, and amendments to existing copyright laws in over 30 countries worldwide.

Capacity Formation Market in Midwest Independent Transmission System Operator

Represent Comverge, Wal-Mart and Leggett & Platt, large commercial and industrial electricity consumers, before FERC in a matter involving the formation of a capacity market in the Midwest Independent Transmission System Operator (MISO). We intervened in the matter and pressed arguments for the broadening of the MISO capacity market proposal.

CBS Corp. v. FCC.

Covington successfully represented CBS against a threat by the FCC to make hundreds of thousands of pages of highly confidential programming contracts and negotiation materials available to hundreds of third parties. The D.C. Circuit ruled in favor of CBS, stating the FCC’s decision was “both substantively and procedurally flawed.”

Center for Sustainable Economy, Petitioner v. Sally Jewel and Bureau of Ocean Energy Management, Respondents American Petroleum Institute, et al., Intervenors

Covington successfully represented the American Petroleum Institute, Independent Petroleum Association of America, U.S. Oil & Gas Association, and International Association of Drilling Contractors in a lawsuit seeking to block a federal program which provides the basis for all oil and gas leasing in offshore federal waters. The D.C. Circuit ruled that the Government had rationally and appropriately balanced the environmental, social, and economic values at stake in proceeding with the leasing program.

China Investment Corporation Purchase in AES Corporation

China Investment Corporation (CIC), a large sovereign wealth fund created by the People's Republic of China, on FERC and state (NY) energy regulatory issues with respect to its purchase of a 15% share in the AES Corporation, a large independent power producer of international scope with significant US electricity generation assets. Covington secured all necessary approvals for this transaction.

Coalition of Broadband Users and Innovators, including Microsoft, Google, and Consumer Groups before FCC and Congress

Led the Coalition of Broadband Users and Innovators, including Microsoft, Yahoo!, Google, eBay, and consumer groups before the FCC and Congress for policies that ensure that as broadband services are deregulated, these Internet content companies have the ability to reach their customers.

Cole Taylor Bank in Federal Reserve Board Investigation

Representing Cole Taylor Bank, now part of MB Financial, in Federal Reserve Board (and Illinois banking department) investigation and consent cease and desist/civil money penalty order alleging violations of consumer protection laws with respect to deposit products provided by the bank through a third party that offered financial aid refund disbursement services to higher education students.

COMPETE Representation in Federal and State Electricity Competition Issues

COMPETE, a major coalition of more than 680 electricity market participants including Exelon, PSEG, Wal-Mart, PPL Energy, Calpine, TXU Energy, Safeway, Tendril and Leggett & Platt on a wide range of federal and state electricity competition issues, including the structure of RTO markets and retail competition matters in numerous states including Texas, Pennsylvania, New Jersey, Illinois, Virginia, Michigan, California, Oregon, Wisconsin, Arizona and Ohio.

Complex Procurement

A government entity needed to purchase a large number of military vehicles. The procurement required contractors and technology from several jurisdictions and a long-term supply arrangement. From international trade controls and U.S. and EU military sales advice to commercial terms, Covington provided strategic direction as we simultaneously ensured that the documents met local and international requirements.

Comprehensive compliance program update

Advising a multinational chemical manufacturer regarding updates to its integrated compliance program, developing a three-year plan for a comprehensive update, and helping the company assess risk and update its existing policies and procedures in the areas of anti-corruption, third party due diligence and monitoring, and investigations.

Confidential data leak

Provided guidance to a major technology and manufacturing company in connection with the unauthorized posting of employee personal information on a third-party webpage. Our efforts on behalf of the client included working with Internet service providers to remove the posted information and providing notice to potentially affected individuals and applicable state regulators.

Congressional action on organic product marking

We helped a trade association obtain congressional reversal of a crippling federal court decision that would have compelled removal of the USDA seal from approximately 90 percent of organic products and that would have likely resulted in a market loss of nearly $1 billion in the first year after the ruling.

Congressional testimony advice for cable programming company

We advised an independent lifestyle programming channel on the effects of a potential Comcast/Time Warner Cable merger and assisted them in communicating their concerns to Congress and relevant federal agencies, including the Department of Justice, and the FCC. Covington’s work led to the channel’s then-CEO testifying before the Senate Judiciary Committee.

Coordinated monitoring and advocacy at the multinational, international and national levels

A highly innovative pharmaceuticals company was concerned about the public debate and policy proposals made to address antimicrobial resistance, as these could seriously curtail its future business. Working together with external partners, we monitor and participate in discussions at the G7, WHO, EU and national levels (in the UK and Germany), with several successes already at proposing alternative solutions more favorable to our client.

Copyright and Fair Use Advice and Counseling to Publishers

Provide general copyright and fair use advice and counseling to publishers such as the National Geographic Society, the Washington Post Company, and Zomba Music Publishing, to various television broadcast stations, and to a number of leading online business and media ventures including The Microsoft Network, USA Interactive, and the National Football League. Covington is also special intellectual property counsel to the Smithsonian Institution.

Corporate, Financial and Operational Matters for Borrego Solar Systems

Advising Borrego Solar Systems, Inc. on a variety of corporate, financial and operational matters in a dynamic and rapidly changing solar market. Borrego is one of the oldest and largest solar integrators in California with over 25 years of experience. We counseled Borrego on tax, regulatory and corporate matters related to power purchase agreement, engineering procurement and constructions contracts, operations and maintenance contracts and site access agreements on more than 30 projects.

Credit Suisse AG in connection with Federal Reserve Board Investigation and Consent Order

Representing Credit Suisse AG in connection with Federal Reserve Board investigation and Federal Reserve Board Consent Order to Cease and Desist and Assessment of Civil Money Penalty with respect to allegations that Credit Suisse assisted U.S. taxpayers with opening of foreign accounts to avoid required U.S. tax reporting and related matters—and in connection with implementation of requirements of the Order.

Cross-border trade, anti-corruption, and data compliance

Advising a major petrochemical company regarding its establishment of an integrated compliance program, with particular focus on the areas of U.S. and European trade controls, anti-corruption, and data privacy. Our representation includes assistance with establishing a corporate compliance office, assessing risks in these areas, drafting the necessary policies and procedures tailored to company risks and operations, and implementing the program through training and assessment.

Emerging policy issues

Worked directly with, and appeared before national and regional privacy authorities, such as the European Commission, the EU Article 29 Working Party, and the Council of Europe, both to address emerging policy issues in the data privacy field, such as data retention, radio frequency identification (RFID), Big Data, facial recognition, security breach legislation and biometrics, and to defend individual clients.

Employee data breach support

Ensuring fair international procurements for private companies

When a major Latin-American government’s procurement financed by the Inter-American Development Bank (IDB) appeared to lock out foreign competitors, a private company turned to us for advice and discreet action. With our knowledge of the country, and of IDB and other multilateral procurement regulations, and relationships with key officials, we were able to persuade the IDB to take quick remedial action which ensured the company a new opportunity to compete fairly in a new procurement with no damage to their relationships in Latin America.

ERISA litigation in the Supreme Court

Successfully handled important ERISA litigation in the Supreme Court, including Conkright v. Frommert, 130 S. Ct. 1640 (2010) (requiring deference to the plan administrator’s interpretation of a plan, even though the administrator had previously relied on provisions that were not properly added to the plan), and Kennedy v. Plan Adm’r for Dupont Sav. & Invt. Plan, 129 S. Ct. 865 (2009) (applying ERISA’s “plan document” rule to affirm unanimously a plan administrator’s decision to follow a beneficiary designation that gave rights to a participant’s former spouse, even though a divorce decree had stated that the former spouse gave up her rights).

European counseling on distribution

We have significant experience advising clients on all aspects of their European commercialization networks, including the design and operation of exclusive and selective distribution systems, pricing/rebates, sales and rental channels, supply chain management, customer loyalty programs, dealer financing, central warehousing, consumer warranties, dealer termination, etc.

Fair Credit Reporting Act (FCRA)

Advising several of the largest bank holding companies in the U.S. on compliance with the FCRA. Advising major consumer reporting agencies and trade associations on the requirement of the FCRA. Successfully representing numerous consumer reporting agencies and financial services providers in CFPB and FTC supervisory and enforcement actions relating to FCRA. Representing numerous firms in connection with the acquisition of FCRA-regulated businesses, including due diligence and preparation of merger and acquisition documents.

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.

Global regulatory and legislative support

A global air cargo company wanted to enhance its political influence as a respected industry voice on public policy issues in order to advance its global business objectives. We helped the company resolve difficult regulatory disputes in several countries, including a fast-moving dispute in China that endangered its business model. We also achieved legislative success for the company in the U.S. Congress on defense policy matters in the authorization bill (NDAA).

Gramm-Leach-Bliley Act (GLBA) and State Financial Privacy Laws

We have advised the largest and most sophisticated banks, consumer reporting agencies, and financial services companies on the collection, use and disclosure of nonpublic personal information under GLBA, that California Financial Information Privacy Act, and similar laws, including the development and implementation of privacy notices.

GSK DOJ pharmaceutical investigation

Represented GlaxoSmithKline (GSK) in resolving a complex criminal and civil investigation by the United States Department of Justice. The multi-faceted investigation had a broad focus, including issues relating to GSK’s sales and marketing practices for numerous products, its regulatory submissions relating to Avandia, and the company’s use of the nominal price exception under the Medicaid Rebate Program.

Guidance to Governments on Telecommunications Matters

Advised governments on the privatization of telecom service providers, crafting regulations for the introductions of regulatory structures to foster competition in the telecommunications industry; drafted regulations governing telecom activities; and established a licensing and regulatory structure for the introduction of next-generation wireless telecommunications service.

High-level advocacy before the U.S. executive branch

A U.S. defense company faced stiff competition from a non-U.S. competitor in connection with the deployment of its technology in a NATO-member country, which was seeking a complementary commitment from the U.S. government. We conducted high-level advocacy in the United States, helping our client obtain the needed commitment to secure the transaction-a deal valued at about $5 billion.

Horizon Discovery on Sage Labs Acquisition

Representation of Horizon Discovery Group plc, an AIM listed international life science company supplying research tools and services to organizations engaged in genomics research and the development of personalized medicines, on the acquisition of Sage Labs Inc. for a total of approximately $48 million (£29 million), comprising up to $16 million in cash and up to $32 million in new ordinary shares. The acquired business will be known as Sage Labs Inc., a wholly owned subsidiary of Horizon Discovery Group plc. The acquisition creates a fully integrated translational genomics platform and significantly expands Horizon’s product, service and research offerings.

HR operations audit for multinational pharmaceutical client

Conducted a detailed review of the human resources operations of a large pharmaceutical company to assess compliance with data protection and privacy laws and regulations in both the US and EU, in anticipation of possible certification under the US-EU Safe Harbor regime. Our extensive written report described potential compliance issues and recommended specific remedial actions.

In re Automotive Wire Harness Systems Antitrust Litigation

Representing S-Y Systems Technologies Europe, GmbH, the only defendant dismissed in its entirety from the wire harness price-fixing litigation, which is the lead case in the sprawling Automotive Parts Antitrust Litigation pending in Detroit. The court granted motion to dismiss, on personal jurisdiction grounds and did not grant the plaintiffs’ request for jurisdictional discovery.

In re K-Dur Antitrust Litigation

Representing Schering-Plough (now Merck) in multi-district class action litigation challenging so-called reverse payment settlements of pharmaceutical patent litigation. Obtained denial of certification of indirect purchaser class, after which indirect purchasers voluntarily dismissed their case. The team previously defeated the FTC at trial in an action on the same facts, and will now have the opportunity to resolve the direct purchaser portion of the case under a recent Supreme Court decision.

Industrial conglomerate integrated compliance

Advising a major multi-sector industrial company in developing an integrated compliance program, including assessment of the company’s corporate risks and current compliance function, and the creation and implementation of training regimes, tailored policies and operational procedures to support those policies, and mechanisms to monitor compliance and address any issues that arise. The enhanced compliance program is designed to support a wide variety of business units, including industrial sites, and sales and procurement functions. The project also entails developing policies to address compliance in the company’s third-party collaborations.

Innovative Program Agreements Negotiations for Multiple Clients

Negotiated various innovative program agreements for (a) the NFL, including for example, its deals with ESPN and Sprint and one with TiVo to protect its programming against Internet piracy, (b) other program deals involving PBS, Comcast and Children’s Television Workshop and (c) NBC Weather Plus and NBC Broadband -- joint ventures between the network and its affiliates.

Los Alamos investigation

We represented the University of California in an intense and wide-ranging investigation by the House Energy and Commerce Committee’s Subcommittee on Oversight and Investigations into alleged fraud and mismanagement at the Los Alamos National Laboratory. The investigation involved more than two dozen witness interviews and culminated in three days of hearings. At the conclusion of the investigation, the University retained its contract to manage the Laboratory.

Microsoft Privacy Class Action

Achieved summary judgment for Microsoft in a putative class action alleging unauthorized collection of geolocation information from the plaintiffs’ mobile devices. After a claim under the Wiretap Act was dismissed at the pleadings stage, we successfully obtained summary judgment on a remaining claim under the Stored Communications Act.

Multi-defendant Flash Tracking Privacy Class Action

Achieved dismissal of a putative class action against Microsoft, CBS, Microsoft, McDonald’s, and Mazda alleging violations of the Wiretap Act, Computer Fraud and Abuse Act, and state laws. The complaint alleged that an online ad network used Flash cookies and other tracking mechanisms to build user profiles for the purpose of serving targeted advertising.

Navigated foreign legal requirements for international contractors

Organized foreign counsel in 40 foreign countries to determine legal requirements governing U.S. government contractors working in country, to ensure local compliance as to business registrations, visas, employment laws, and taxes. In doing so, developed a template for determining foreign requirements and a network of local counsel to serve as a resource for the contractor.

Navigating U.S. sanctions programs for multinational corporations

When the U.S. government announced changes to its Cuba policy, major global companies in the consumer products, travel, and entertainment sectors turned to us for advice on policy and trade matters. We advised these clients on export controls and sanctions, legislative proposals, Helms-Burton restrictions, expropriations and certified U.S. claims, and market access issues.

Navigation of Organizational Conflicts of Interest

We have helped major contractors navigate the specific Organizational Conflicts of Interest (OCI) rules and requirements imposed by the Centers for Medicare and Medicaid Services (CMS), the Defense Health Agency, and other agencies. When CMS rolled out its new approach to OCIs, including its new standard clause and required forms, we helped a major CMS contractor comment on key aspects of the approach.

Negotiation and vetting of state contracts for healthcare exchanges and MMIS

We helped a major client negotiate contracts with state healthcare exchanges in Maryland and several other states, and navigate the procurement rules and risk areas unique to many state exchanges. We have also advised clients regarding intellectual property and other issues specific to state MMIS procurements.

Obtained SAFETY Act protection for anti-terror products and services

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.

Over-the-counter medicine investigation

We represented a world-leading consumer products manufacturer in an investigation by the House Committee on Oversight and Government Reform regarding high-profile recalls of over-the-counter medicines. The investigation included multiple interviews, tens of thousands of documents produced to Congress, and two major hearings, including one at which the company’s chairman and CEO testified.

Samsung Inter Partes Reexamination Proceeding

Representation of Samsung Electronics Co., Ltd. in inter partes reexamination proceedings for a patent related to LCD color technology. Genoa Color Technologies Ltd., the original owner of the patent, sued Samsung for infringement. Samsung requested inter partes reexamination of the patent, and the Right of Appeal notice upheld the final rejection of all claims of the patent on numerous grounds. Subsequent to the Right of Appeal Notice, the parties settled the litigation.

Privacy audit for oil and gas multinational in preparation for BCR approval

Managing a privacy audit of a U.S.-based multinational in the oil and gas industry in preparation for its BCR approval with the Dutch data protection authority as the lead authority, including reviewing and providing advice on the BCRs and the implementation strategy and assisting this client in the preparation and roll-out of various compliance tools in the framework of the BCRs.

Procurement advice and protests in states across the country

We have helped clients navigate state procurement systems and have handled protests in states across the country, including: California, Texas, New York, Florida, Maryland, the District of Columbia, Oregon, North Carolina, Massachusetts, Minnesota, Georgia, Colorado, Washington, New Jersey, and others.

Protection of Client IP Rights

For pharmaceutical, energy, and defense companies entering into R&D contracts, grants, and cooperative agreements with federal agencies (including DoD, DOE, and HHS), we have successfully developed and implemented strategies for protecting our clients’ intellectual property. We have helped our clients limit or avoid government IP rights through the use of alternative contracting vehicles, specially negotiated contract clauses, properly drafted statements of work, and other means. We have also obtained waivers of patent ownership from federal agencies, as well as waivers of the U.S. manufacturing requirements under the Bayh-Dole Act.

Protection of employee personal information

Protection of IP rights for pharmaceutical companies

For pharmaceutical companies entering into R&D contracts, grants, and cooperative agreements with BARDA, NIH, and DTRA, we have successfully developed and implemented strategies for protecting our clients’ intellectual property. We have helped our clients limit or avoid government IP rights through the use of alternative contracting vehicles, specially negotiated contract clauses, properly drafted statements of work, and other means. We have also obtained waivers of U.S. manufacturing requirements under the Bayh-Dole Act.

Renegotiated government IP agreements

On behalf of a major pharmaceutical manufacturer, we renegotiated agreements with the National Institutes of Health (NIH) concerning IP rights arising out of the development, manufacture, and use of experimental vaccine supplies for international clinical trials, and negotiated contract terms placing on the government the risk of the client’s use of contested IP developed by another contractor.

Representing global pharmaceutical company in “test” case involving BCR and CBPR interoperability

Representing Merck in one of the first “test” cases involving interoperability between BCRs and APEC’s Cross-border Privacy Rules (CBPR). The case will establish a precedent for cross-border transfers of personal data for both the EU and Asia-Pacific Region.

Resolved hotly-contested completion disputes of U.S. Embassy in Baghdad

Negotiated resolution of concerns that the contractor building the U.S. embassy in Baghdad had thousands of unauthorized deviations from specifications, which prevented the U.S. State Department’s acceptance of the sprawling compound. Demonstrated in senior-level meetings and on-the-ground inspections that the project was materially compliant, leading to acceptance and the resolution of investigations by multiple agencies and Congress.

Responding to Sophisticated Advanced Persistent Theat ("APT") Attacks

We have directed the investigations and response into APT attacks from state-sponsored actors and sophisticated criminal groups targeting intellectual property and other proprietary information. These attacks, and the responses, have spanned multiple industries and global companies, with investigations covering four continents.

Resolved claims arising from the incarceration of U.S. contractor for espionage

Negotiated a creative settlement of a tort suit filed by a subcontractor arising from his imprisonment in Cuba for carrying out a USAID democracy-building program in that country. We converted that tort settlement into a contract claim by the prime contractor, and successfully negotiated payment to fully compensate the subcontractor while making the prime contractor whole.

Sanctions advice for a major non-U.S. financial institution regarding the processing of U.S. dollar payments

We are representing a non-U.S. financial institution in connection with an investigation by federal and state civil and criminal enforcement authorities into the bank's processing to or through the United States of U.S. dollar payments involving U.S.-sanctioned parties.

SBA Size Determination

We took over a U.S. Small Business Administration (SBA) size determination proceeding for our client, an IT services provider, after previous DC government contracts counsel had failed to persuade the SBA that our client was a small business. We submitted thousands of pages of documentation and numerous position papers in what is believed to be the most complex size determination ever performed by SBA, and persuaded the agency that our client is a small business, notwithstanding its affiliation with dozens of other small businesses, thus allowing it to continue to compete for business on small business set-aside contracts.

SBIC portfolio company divestment advice

Our client was a small business defense contractor owned by a Small Business Investment Company (SBIC) that was nearing the end of the control period permitted under Small Business Administration (SBA) regulations. We advised a special committee of the board of directors of the client about the potential effects of various potential sale and transfer scenarios on the client’s continued small-business status, and enabled the committee to decide upon a course of action that would permit the client to continue to perform and compete for small-business set-aside contracts.

AstraZeneca Transactions

Representation of AstraZeneca in relation to the creation of a $3.4 billion diabetes joint venture with BMS, and the subsequent acquisition of sole control over that venture; in its acquisition of the rights to Almirall’s respiratory franchise (for initial consideration of $875 million and up to $1.22 billion in development, launch and sales-related milestones); assisting in the acquisition of the Takeda respiratory portfolio; and in relation to the creation of an oncology joint venture with Fujifilm Kyowa Kirin Biologics (FKB).

Verizon Communications Transactions

Representation of Verizon Communications in several transactions, including its $3.89 billion acquisition of AOL. Also advised the company in connection with its purchase of UK-based Vodafone’s 45 percent ownership of Verizon Wireless, as well as Vodafone’s purchase of Verizon’s interest in Vodafone Italy, which was valued at $124.1 billion.

Schneider Electric SA’s combination with AVEVA Group PLC

Represented Schneider Electric of France on CFIUS and related U.S. national security regulatory approvals in connection with the sale of its industrial software business to UK-based AVEVA Group and the acquisition by Schneider Electric of a majority interest in AVEVA Group in a transaction valued at approximately $3.88 billion.

Service Contract Act investigation and disclosure

Our client, a major large business provider of IT services to the federal government, discovered possible Service Contract Act compliance issues in the operations of a recently acquired subsidiary. We conducted and internal investigation and assisted the client in making a disclosure to the U.S. Department of Labor, which closed the matter without adverse financial or other consequences for our client.

Severance cost dispute for DOE contractor

Recovered disallowed severance costs paid by a U.S. Department of Energy (DOE) contractor to its employees when the contractor exited the contract and the employees went to work for a successor contractor. The costs were unallowable under the Federal Acquisition Regulation (FAR), but the contract contained an unusual provision, personally approved by President Truman, making virtually all costs allowable. We handled the preparation of the initial claim, the contract appeal to the Court of Federal Claims, and the appeal to the Federal Circuit, at the end of which our client recovered every penny of its severance outlay, plus interest.

Successful jury trial defense of Schedule contractor in False Claims Act case in the Eastern District of Virginia

Through a jury trial in the Eastern District of Virginia, successfully represented a Schedule contractor accused of submitting fraudulent commercial pricing data in violation of the False Claims Act (FCA). The Fourth Circuit affirmed the jury verdict in favor of the contractor.

Successful representation of major defense IT contractor in GSA IG audit

Successfully represented a major defense IT contractor in an audit of two U.S. General Services Administration (GSA) Schedule contracts by the GSA Inspector General (IG), in which the IG initially asserted a claim for the repayment of tens of millions of dollars. The matter was resolved for less than $5,000.

Successfully defeated infringement suit in the Court of Federal Claims

One of our clients provides a key component of the F-35 Joint Strike Fighter. A rival contractor sued the U.S. government in the Court of Federal Claims, alleging that the component infringed its patent. We intervened on behalf of our client and persuaded the court to rule that the patent is invalid.

Successful resolution of best pricing investigation

One of the nation’s largest construction supply companies was investigated for failing to provide the General Services Administration (GSA) with its “best pricing” for materials. Working with the company’s auditors, we were able to resolve the matter for no money based on ambiguities in the Schedule language as applied to the circumstances.

Successfully defended prime contractor in data rights lawsuit

We successfully defended a Navy prime contractor accused of misusing its subcontractor’s design data. We convinced the court that the Defense Federal Acquisition Regulation Supplement (DFARS) data rights clauses allowed the client to use and distribute the data, resulting in a complete summary judgment for our client.

Successfully defended bidder against claims of misuse of competitors data

We obtained a complete jury verdict for our client accused of misappropriating the incumbent’s trade secrets to win a $200 million NASA contract. The alleged trade secrets included the data generated under the incumbent’s existing NASA contract and the incumbent’s proposal data for the new contract.

Successfully protested $2 billion+ biodefense award

When the federal government awarded a contract worth more than $2 billion for the development and delivery of a medical countermeasure, we protested at the U.S. Government Accountability Office (GAO). After many rounds of briefing, and a hearing before GAO, the agency agreed to cancel and re-compete the majority of the contract.

Successfully protested award for contract to help reform the justice system in Mexico

We successfully challenged an agency award of a contract to assist the government of Mexico in reforming its justice system, obtaining corrective action that involved new final proposal revisions. When our client won the second round award, we defended a challenge by the prior awardee, and preserved the award to our client.

Successfully protested $200 million U.S. Army award

When the U.S. Army awarded a $200 million contract for IT services, we protested the award, arguing that the awardee had an organizational conflict of interest and gained an unfair competitive advantage by hiring a former government official. The agency took corrective action in response to the protest.

Successfully protested the terms of a $2 billion USAID procurement

When USAID issued a $2 billion procurement for consulting services related to economic growth and poverty reduction, we protested the terms of the solicitation. Our protest convinced the agency to abandon its use of the “low cost, technically acceptable” evaluation scheme by arguing that LPTA was inappropriate for the complex, high-stakes services being sought.

Successfully protested exclusion from $500 million+ biodefense competition

When the U.S. Department of Defense (DoD) conducted a competition for an Advanced Development and Manufacturing (ADM) facility for medical countermeasures, we protested DoD’s exclusion of one of the offerors from the competitive range. The protest issues were of extraordinary technical complexity, but after several rounds of briefing, we convinced the agency to reverse course and invite the offeror back into the competition.

Successfully protested the terms of a $600 million cloud procurement

When the Central Intelligence Agency (CIA) issued an RFP for cloud services, we filed a protest challenging the terms of the RFP as unduly restrictive of competition. After discussion with the U.S. Government Accountability Office (GAO), the agency agreed to amend the RFP to revise the terms at issue in the protest.

Support of derivative sovereign immunity defense through Supreme Court amicus brief

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.

TINA dispute

For an electronics supplier to a prime contractor for a major U.S. Navy program, we appealed in the prime contractor’s name from a final decision finding defective pricing due to the alleged nondisclosure of certain improvement-curve data that the Navy contended would have led the Navy to conclude that the decline in labor costs would have been steeper than the parties assumed in negotiations. After the close of discovery, we negotiated a favorable settlement.

Transfer of major construction dispute from state to federal court

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.

Univision in Deal for Carriage on DISH’s “Over the Top” Sling TV Service

Represented Univision Communications in the precedential agreement for carriage of Univision’s broadcast stations and cable networks on DISH’s “over the top” Sling TV service. The UCI media portfolio includes the Univision Network, one of the top five broadcast networks, and the most-watched Spanish language broadcast network in the U.S., reaching approximately 94 percent of U.S. Hispanic television households. The agreement covers the Univision and UniMas broadcast networks, as well as other UCI services, such as Univision Deportes and El Rey Network. Sling TV is a new online offering from one of the largest television distributors in the country, by which subscribers can view major network content via the Internet anywhere in the United States.

U.S. Appeals Court Shoots Down FCC Merger-Review Disclosure Order

Successful representation of CBS Corporation, The Walt Disney Company, Twenty-First Century Fox, Inc., Scripps Networks Interactive Inc., Time Warner Inc., Univision Communications Inc., and Viacom Inc. Borrego Solar Systems, Inc. against the Federal Communications Commission (FCC) in connection with the disclosure of programming contracts with pay-TV providers as part of the FCC’s review of pending cable and satellite mergers.

U.S. government sanctions investigation of international energy company

We advised an international energy company on a U.S. Treasury Department investigation of transactions with certain U.S.-sanctioned markets, and assisted the company with interactions with the U.S. State Department on sanctions-related policy matters. The Treasury Department closed its investigation without taking any enforcement action against our client.

Veritas Capital’s investment in Alion Science & Technology

Represented private equity firm Veritas Capital as regulatory counsel during its acquisition of Alion Science & Technology Corporation, a leading provider of engineering services to the Department of Defense. We handled government contracts, trade controls, and national industrial security due diligence.

Veritas Capital’s investment in SolAero Technologies Corp.

Represented private equity firm Veritas Capital as regulatory counsel during its acquisition of EMCORE’s Space Photovoltaics business, and represented the business, which is now known as SolAero Technologies Corp., during its subsequent acquisitions of Alliance Spacesystems and Vanguard Space Technologies. We handled government contracts, trade controls, anti-corruption, and other regulatory due diligence, and also assisted with contract novations.

WTO and NAFTA disputes

Counseled clients on WTO and NAFTA disputes on a wide range of matters, including sanitary and phytosanitary regulations, anti-dumping and countervailing duties, agricultural subsidies, and intellectual property issues, including the FSC and Byrd WTO disputes against the United States. Our lawyers have argued cases before the WTO and have negotiated solutions related to implementation, compliance, and retaliation in trade disputes.

Pre-Incident Advice and Assessments

We regularly advise clients on compliance with information security requirements and best practices, including, among others, governance best practices, vendor contract terms and due diligence, the implementation of information security controls to satisfy regulatory requirements, and the conduct of vulnerability assessments.

Prosper in First-of-its-Kind Transaction

Representation of Prosper Marketplace in a variety of securities advisory and transactional matters, including in a first-of-its-kind registration of $500 million of borrower dependent notes and restructuring into a bankruptcy remote vehicle, several rounds of venture financings, as well as ongoing disclosure, SEC reporting and SEC regulatory matters.

Broadcasters on DTV Transition

Representation the broadcast industry and individual broadcasters for nearly two decades on the incredible range of technical, legal and policy issues surrounding the transition to digital television. We helped negotiate the DTV standard, and devised the new frequency table. We worked closely at every step with the FCC’s engineers and with engineers across the television industry. We also worked to develop the new rules and legal requirements to accompany the detailed technical analysis.

Fax Ban Coalition, U.S. Chambers of Commerce, National Association of Realtors, and Coalition of Mortgage Finance Industry Businesses on Commercial Fax Messages Matter

Obtaining rules on commercial fax messages that protect consumers’ rights, but are fair to legitimate businesses, after multi-venue effort in Congress, in court and at the FCC on behalf of the Fax Ban Coalition, a cross-industry group of trade associations and businesses, as well as the U.S. Chambers of Commerce, the National Association of Realtors and a coalition of businesses in the mortgage finance industry.

Microsoft before FCC on Issues Concerning Media Center and DRM Products

Representation of Microsoft before the FCC on various issuing surrounding its Media Center and DRM products. We obtained FCC recognition of Windows Media Digital Rights Management software as a permissible means to handle digital content. We also represent the company in ongoing rulemakings and waiver petitions involving plug-and-play issues, including industry-wide efforts to resolve these issues.

Multiple Clients on Legislative and Regulatory Policy and Litigation Issues

Representation of clients on various legislative and regulatory policy and litigation issues, including (1) retransmission consent, (2) downconversion of digital signals by cable systems, (3) carriage of digital multicast streams by cable, DBS and other video program distributors, (4) indecency, (5) media ownership and (6) importation of distant signals by DBS operators.

Network Affiliated Stations Alliance and NAB in Battle before Congress, FCC, and Third and D.C. Circuits Courts of Appeals

Waging on behalf of the Network Affiliated Stations Alliance and the National Association of Broadcasters a multi-year, multi-venue battle before Congress, the FCC, and the Third and D.C. Circuits Courts of Appeals on the national television ownership rule, successfully achieving a legislative reversal of the FCC’s decision.

Newspaper Association of America and 70-Member Media Coalition in Spearheading Federal Legislation to Establish Journalists’ Privilege

Representation of the Newspaper Association of America, and an 70-member media coalition, in spearheading federal legislation to establish a journalists’ privilege. We have worked closely with proponents of legislation and with Congress to suggest creative solutions to protecting the integrity of the journalistic enterprise, in both traditional and digital media, while taking into account legitimate law enforcement and anti-terrorism concerns.

On Behalf of MSTV, Representing the Television Industry on Key Legislative, FCC, and Industry Issues

On behalf of MSTV, representing the television industry on key legislative, FCC and industry issues, including, for example, negotiating a template agreement with Sprint Nextel for the migration of broadcast ENG services out of the 2 GHz spectrum, the implementation of a “hard date” for the transition to a digital-only television service, and for the process of electing and assigning final DTV channels.

Raycom Media’s CBS-Affiliated Station in Cleveland in Opposing Newsgathering Restriction

Representation of Raycom’s CBS-affiliated station in Cleveland in opposing a newsgathering restriction imposed by the mayor of the City of Cleveland. Within 24 hours of the imposition of a ban on contacts to our clients’ journalists, we had begun preparation of an injunction action. Following initial hearings, we negotiated a resolution that resulted in full reinstitution of access for our client.

San Francisco Digital Media Advisory Council Member

Covington is the only law firm member of the San Francisco Digital Media Advisory Council, a coalition between the City of San Francisco and a host of leading digital media and entertainment companies, including Electronic Arts, Lucasfilm, Dolby Labs, Wild Brain Entertainment, Giant Killer Robots, Dreamworks Animation and Pixar.

Specialty Equipment Manufacturers on FCC Compliance

Representation of one of the leading distributors of televisions to the healthcare field, Specialty Equipment Manufacturers, on FCC compliance issues. When its leading manufacturer discovered problems complying with an FCC rule, we sought a waiver of the FCC’s Part 15 requirements for one of the leading TV set manufacturer in this market.

Television Clients on Pre-Publication Review, Newsgathering and Subpoena Defense Issues

Provided pre-publication review, newsgathering and subpoena defense work for television clients in some 25 states on a 24/7/365 basis. To ensure that our team is fully available to journalists around the clock, we have established technical solutions so that scripts, video clips and documents are distributed electronically to all members of our team simultaneously.

Two Major National News and Public Affairs Magazines and a National Newspaper on International Newsgathering and Libel Exposure Issues

Advised two major national news and public affairs magazines and a national newspaper on international newsgathering and libel exposure issues. For example, we have advised on the use of hidden cameras in Africa, India and Europe. We also represented a 50-member media coalition in successfully persuading Canadian courts not to exercise jurisdiction over the Washington Post in Bangoura v. Washington Post.

Testified in Favor of and Played an Advisory Role in Crafting, Federal Legislation to Limit “Libel Tourism”

A Covington partner testified in favor of, and played an advisory role in crafting, federal legislation to limit “libel tourism,” the practice of libel plaintiffs suing U.S. publishers abroad. The resulting legislation, the SPEECH Act, unanimously passed the House and the Senate and was signed into law in August 2010.

FTC Investigation Involving Microsoft's Passport Internet Authentication Service

Microsoft in the FTC’s groundbreaking investigation and agreement related to Microsoft’s Passport Internet authentication service, which was the FTC’s first consent agreement under Section 5 of the FTC Act to impose information security commitments related to the protection of personal information.

GE and Synchrony Financial in $2.95 billion initial public offering and subsequent split-off transaction

Representing General Electric and Synchrony Financial (GE Capital’s former North American retail finance business) in connection with Synchrony’s approximately $2.95 billion initial public offering and in connection with GE’s subsequent exchange offer to complete the separation of Synchrony from GE, including the Federal Reserve Board application process and approval required for the Synchrony’s separation from GE.

GE Capital Retail Bank CFPB Investigation and DOJ Consent Order

Represent the former GE Capital Retail Bank (now Synchrony Financial) in a CFPB investigation, enforcement action, and consent order related to allegations of deceptive marketing of credit card add-on products and discrimination against Spanish-speaking customers related to certain offers to settle outstanding credit card balances and a Department of Justice enforcement action and consent order regarding the same allegations of discrimination.

Development of Internal Guidelines for Law Enforcement Requests

Regularly assist global businesses in developing internal guidelines for responding to law enforcement requests, including by identifying and advising on relevant legal obligations and assessing best practices for responding to government requests for customer data. We help clients develop procedures for addressing conflict-of-law issues that arise when receiving law enforcement requests from countries worldwide, with an eye toward creating efficient and scalable solutions.

Global Privacy Audit for Leading Consumer Electronics and Technology Companies

Litigated Successful Constitutional Challenge

On behalf of Microsoft, successfully challenged a gag order statute that allows courts to forbid technology companies from telling their customers about demands for their data under the Electronic Communications Privacy Act (ECPA). The lawsuit resulted in nationwide reform of the government's practices under the statute. See Microsoft Corporation v. United States Department of Justice, No. 2:16-cv-00538-JLR (W.D. Wash.).

Litigation Resulting in New Rules on Customer Access to Government Data Demands

Representation of technology client in Foreign Intelligence Surveillance Court litigation challenging restrictions on technology company disclosures about government surveillance. The litigation resulted in new rules that allow technology companies to give their customers more information about how often the government demands customer data. See In re Motion to Disclose Aggregate Data Regarding FISA Orders, Misc. No. 13-04 (FISA Ct. 2014).

NBA in Live Virtual Reality Streaming with NextVR

We represented the NBA in a multi-year deal to stream live NBA games in virtual reality in a partnership with NextVR, which will become the official live virtual reality partner of the NBA. During the 2016-2017 season, live VR games will first be available to NBA League Pass subscribers, with single-game purchase opportunities to follow for all VR consumers as the NextVR app becomes available on new VR devices.

Mass media company global public policy

One of the world’s largest global mass media companies needed support on a range of issues that intersect law and policy. We helped the client:

navigate U.S. sanctions on advertising, promotion, and distribution of content in international markets;
pursue a diplomatic solution to an IP rights dispute in the Middle East, leveraging extensive relationships at the State Department; and
advocate on federal issues with Members of the U.S. Congress.

Merck, Verizon, Spirits International, National Geographic, PBS, and Others before the United States Trademark Trial and Appeal Board

Representation of numerous clients, including Merck, Verizon, Spirits International, National Geographic Society, Public Broadcasting Services, M Financial, Promontory Financial Group, U.S. Soccer Federation, Lewis Brothers Bakeries and Rosie O’Donnell in opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board.

Microsoft Transactions

Representation of Microsoft Corp. in its $8.5 billion acquisition of Skype Communications S.à.r.l., the largest acquisition in the company’s history, in connection with its $4.5 billion acquisition of certain Nortel patents, in its $7.2 billion acquisition of the handset division of Nokia, and its $2.5 billion acquisition of Mojang, the developer of Minecraft.

Microsoft on Internet Protocol Television Issues

Advised Microsoft on Internet Protocol Television issues, including testimony before Congress, appearances at the FCC, and industry negotiations, and advised on industry negotiations to encourage movie studios and the cable industry to use their digital rights management technology for distributing movie and other content over the Internet.

Microsoft public policy and government affairs

Microsoft wanted assistance with legal, public policy, and strategic issues. We support Microsoft on a wide array of policy and legislative issues, including privacy, national security, immigration, tax, and telecommunications, and assist them in gathering political intelligence and advocating before Congress and federal agencies.

National Geographic Society in Two Trademark Matters

Representation of National Geographic Society in the United States District Court for the District of Massachusetts against claims of infringement of an alleged family of ZONE marks asserted by the author of a series of ZONE books on health and nutrition; and in an opposition proceeding before the U.S. Trademark Trial and Appeal Board, claiming that applicant's EXPLORE CHANNEL mark is likely to cause confusion with National Geographic's EXPLORER marks.

NBA Properties and NBA Member Teams in Trademark Litigation Concerning the DREAM TEAM Mark

Representation of NBA Properties and the NBA member teams in trademark litigation concerning the DREAM TEAM mark in the United States District Court for the Eastern District of Missouri, and also in anti-counterfeiting litigation concerning other NBA marks brought in the United States District Court for the District of Columbia against purveyors of counterfeit NBA merchandise in connection with an NBA All-Star game.

Numerous Clients in Managing U.S. and Global Trademark Portfolios

Advise on cutting edge trademark strategies, domain name, social media, and keyword advertising issues, manage U.S. and global portfolios, and provided trademark advisory and prosecution services to leading US and global brand owners, including: American Automobile Association (AAA); AOL, Inc.; Astelllas US; Business Software Alliance; Dale & Thomas Popcorn; Expedia, Inc.; FeraDyne Outdoors; German American Chambers of Commerce; Lewis Bakeries, Inc.; Merck & Co. Inc.; Microsoft Corporation; National Basketball Association; National Football League; National Geographic Society; National Hockey League; Public Broadcasting Service; Phi Beta Kappa Society; Promontory Financial Group; and U.S. Soccer Federation.

PBS in Proceedings Before FCC, U.S. Copyright Office, and Other Policy Settings

Representation of the Public Broadcasting Service (PBS) in proceedings before the FCC, U.S. Copyright Office and other policy settings, including with respect to the role and distribution of educational and other noncommercial media across the broadcast, online, mobile and other IP-based platforms.

PBS in Two Trademark-Related Matters

Representation of Public Broadcasting Services (PBS) in trademark litigation to recover the PBS.COM domain name in the United States District Court for the Eastern District of Virginia; and in an opposition proceeding before the U.S. Trademark Trial and Appeal Board, claiming that applicant's mark BE MORE RESPONSIBLE is likely to cause confusion with PBS's BE MORE mark.

Pearl Mobile DTV in Project to Provide Mobile Digital Television Services in U.S.

Pearl Mobile DTV in establishing a nine-company venture to provide Mobile Digital Television services in the United States. Covington attorneys led the negotiations leading to the creation of the Pearl Mobile DTV venture, the negotiation of content license agreements, and public policy efforts before Congress and at the White House and the FCC.

Policy advice to the Executive Affairs Authority of Abu Dhabi

We provided policy advice to the Executive Affairs Authority of Abu Dhabi on how the Embassy in Washington, DC could be most effective in representing the UAE’s interests. In a follow-on project, we advised on factors to consider in establishing a business-oriented consulate on the West Coast of the United States.

Preparation of key industry comment letters

Advising the Securities Industry and Financial Markets Association, The Clearing House Association, American Bankers Association, and Global Financial Markets Association with respect to comment letters submitted in response to proposals from the Federal Reserve Board, Financial Stability Board, and other agencies affecting large systemically important financial institutions.

Privacy “health checks”

Conducted privacy “health checks” for clients to assess their compliance with privacy and data security laws, particularly those in the 28 Member States of the European Community; where appropriate, we have designed remediation programs that include, for example, filing notifications to local privacy regulators, fulfilling obligations to furnish notice, and ensuring compliance with local data security regulations.

Proposition 65 Labeling and Chemical Safe Harbor Levels

Represent Compañía Cervecera de Puerto Rico, Inc. (CCPR), in a lawsuit alleging that CCPR’s Malta India product contains the chemical 4-MEI in quantities above the safe harbor level, and that CCPR has failed to label Malta India products sold in California with the warning required by California’s Proposition 65.

Public policy support for companies bidding on international infrastructure projects

A major U.S.-based infrastructure company turned to us for help bidding for contracts on major infrastructure projects in Bahrain and Egypt. Through our contacts with high-ranking embassy officials, we ensured our client’s bids received fair and equal treatment and consideration in the tender process, and we helped the client secure the contracts it was pursuing.

Qualcomm in Acquisitions and Investments with Omnia

Qualcomm in acquisitions and investments including its joint venture with Omnia, a subsidiary of Saudi Oger, to create a UK-based company to deploy CDMA-based technology; its acquisition of UK-based Elata (Holdings) Limited, which provides content delivery and device management software systems; and its acquisition of Trigenix Limited, a European mobile content delivery software producer.

Regulatory requirements for domestic and international derivatives activities

Advise multiple derivatives market participants, including energy company end-users, regarding the regulatory requirements for domestic and international derivatives activities, specifically the analysis of whether financial products are “swaps” under Dodd-Frank, the analysis of whether a market participant satisfies the CFTC’s swap dealer registration requirements and the application of the CFTC’s guidance on the cross-border application of Dodd-Frank on the market participant’s derivatives activities.

Reliance Infocomm Limited in $750 Million Financing

Represented Reliance Infocomm Limited in connection with its $750 million financing from the Export-Import Bank of the United States and Export Development Canada. The financing was provided to assist Reliance Infocomm in building a state of the art telecommunications infrastructure for India -- the largest and most complex information and communications technology initiative in the world. The definitive documents for the facility were entered into in December 2004 and the facility was drawn on in March 2005. The facility was the largest telecom installations loan for any company world-wide in 2004.

Representation of an international beverage company in LCIA and UNCITRAL arbitrations

Representation of a leading Caribbean-based international beverage company in an LCIA arbitration against the former controlling shareholders of a major European-based company that was acquired by our client and in successfully handling a London-sited UNCITRAL arbitration administered by the LCIA.

Representation of Coalition of Oil and Gas Companies in Efforts to Pursue California Offshore Oil and Gas Leases

A coalition of eleven oil and gas companies whose efforts to pursue development of their California offshore oil and gas leases were thwarted by the federal government, recovering more than $1.0 billion, including judgment after trial on complex geological and reservoir engineering issues.

Sony BMG Music Entertainment Class Action

Represented Sony BMG Music Entertainment in a class action lawsuit brought by the Allman Brothers Band and Cheap Trick on behalf of all artists whose contracts pre-date the era of digital downloaded music. Sony BMG pays the artists under the applicable royalty rate for album sales at brick-and-mortar record stores, while the artists claim that Sony BMG should be paying a much greater royalty rate for downloaded music.

Review of the right to monitor Internet and electronic communications

Conducted a pan-European and selective US survey of laws and regulations affecting an employer’s right to monitor employee’s Internet use and review electronic communications. We have also advised numerous clients on the law governing call recording and access to (and disclosure of) employee e-mail, including in connection with several personal crises and actions.

Salix Pharmaceuticals in $2.6 Billion of Santarus, Inc.

Representation of Salix Pharmaceuticals, Ltd. in its acquisition of Santarus, Inc. for a total value of approximately $2.6 billion. The transaction closed on January 2, 2014. According to Carolyn Logan, Salix President and Chief Executive Officer, “The acquisition of Santarus is a transformational event for Salix and an important milestone in our growth as the leading gastroenterology-focused specialty pharmaceutical company in the United States.”

Satellite Provider in Establishing European Services Satellite Trade Association

Assisted a satellite provider in establishing a European services satellite trade association. Subsequent representation of the association enabled us to combine our knowledge of law relating to EU trade associations with our experience in EU legislative advocacy in the telecom industry.

Securing U.S. government support for clients in bilateral negotiations

Several companies and individuals facing complex legal issues in jurisdictions abroad sought our help securing the U.S. government’s involvement in support of our clients’ positions. The bilateral, government-to-government engagement by senior U.S. officials with their counterparts in foreign governments has significantly strengthened our clients’ ability to influence outcomes in the foreign legal processes. Our activities have included efforts to ensure fair and unbiased regulatory decisions and initiatives to address unwarranted judicial or prosecutorial actions.

Strategic advice to companies facing international regulatory challenges

A global chemical company is facing a World Health Organization (WHO) classification of one of its key products as “probably carcinogenic.” Recognizing that this finding is based on limited evidence and is in conflict with the conclusions of many national regulatory bodies that have analyzed this product and found it to be safe, the company asked us to help them develop a strategy to seek a public clarification from the U.N. organization.

Strategic advice to multinational corporations facing global market challenges

A global food and beverage company faces a variety of challenging legal and policy issues around the world, including international trade, market access, NGO activism, and multiple proposed restrictions to its ability to operate in the marketplace. We provide both domestic and global strategic counsel and advice and assist them in advancing their legislative and policy objectives.

Tax-efficient acquisition vehicles

Helped a leading global fund-of-funds sponsor with benefit plan investors acquire several large portfolios of European private equity interests. Working with corporate lawyers in our London and New York offices, we designed tax-efficient acquisition vehicles that complied with ERISA and avoided potential fiduciary and plan asset concerns.

Taylor v. United Technologies Corp.

Taylor v. United Technologies Corp., 2009 WL 4255159 (2d Cir. Dec. 1, 2009), aff’g 2009 WL 535779, 46 Empl. Ben. Cas. (BNA) 1935 (D. Conn. Mar. 3, 2009). The Second Circuit affirmed the summary judgment entered in favor of our client United Technologies in a 401(k) plan expense class action lawsuit. The court upheld the rejection of all of plaintiffs’ claims concerning a variety of fiduciary decisions over more than a decade, for which plaintiffs had calculated alleged damages of $230 million.

Enactment of Trade Secrets Legislation

Represented the Protect Trade Secrets Coalition in successfully seeking to enact legislation to create a federal civil cause of action for trade secret misappropriation to supplement state-level remedies and testified before the House Judiciary Committee on the need for legislation. The legislation was enacted in 2016 after being passed by the Senate 87-0 and by the House 410-2.

Michelin Transaction

Representing Michelin in its acquisition of IHLE Holding AG. The transaction involved six national European merger notifications, namely in France, Germany, Austria, Hungary, Romania, and the Czech Republic. This was the first time that an upstream tire manufacturer and supplier took control over a wholesale tire distributor in Europe creating substantial questions about the effects of this vertical integration.

Alkermes Global Pharmaceutical Portfolio

Managing the worldwide patent portfolios of Alkermes companies relating to sustained-release pharmaceutical formulations in products such as VIVITROL®, RISPERDAL® CONSTA®, and BYDUREON®. We obtained pivotal patents in Canada, China, Europe, Japan, and the United States covering the BYDUREON product, a sustained-release formulation indicated for the treatment of Type 2 diabetes.

Koppers Global Wood Preservation Portfolio

For Koppers Performance Chemicals Inc., managing a portfolio of patents and patent applications relating to market-leading wood preservation technology as well as advising on strategies for obtaining patents throughout the world and on post-grant opposition proceedings involving its patents and applications in Europe, Australia, and New Zealand. Covington also represented the predecessor to Koppers in several inter partes reexamination proceedings, including the defense of patents drawn to methods of preserving wood using particulate copper and methods for directly producing copper carbonate.

Orange Book Listed Patents in Reexamination Proceedings

We represented Alkermes, Inc., the top patent owner of Orange Book listed patents in reexamination, in ex parte reexamination proceedings and worldwide opposition proceedings initiated by competitors. Six of the seven patents successfully emerged from reexamination and remain listable for the VIVITROL® and RISPERDAL® CONSTA® products.

Trend Micro Inc. Reexamination Proceedings

Representation of Trend Micro Incorporated as patent owner before the U.S. Patent and Trademark Office in ex parte reexamination proceedings relating to two patents directed to anti-virus technology. Reexamination Certificates for both patents were issued, and Trend Micro and the third-party requester settled the state court litigation in which the validity of the patents was at issue.

Inter Partes Reexamination of Patents in HPL Portfolio

Representation of multiple requesters in inter partes reexamination of seven patents in the Helferich Patent Licensing (HPL) portfolio. All challenged claims in all patents stood rejected, with six of the seven patents on appeal to the Patent Trial and Appeal Board. Given the success of the reexamination and Inter Partes Review proceedings handled by Covington, the last remaining requesters reached favorable settlements with HPL.

High Profile Section 337 Dispute Between U.S. Steel and the Chinese Steel Industry

Representation of Baoshan Iron & Steel Co., Ltd. in a trade secret, antitrust and false designation of origin dispute in the International Trade Commission involving processes for making Advanced High Strength Steel. In November 2016, Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by American Lawyer for an initial determination at the ITC on behalf of our client. This was the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim.

TRICARE-Related Advocacy

We achieved a significant legislative victory for a major retail corporation when Congress passed the FY 2017 National Defense Authorization Act with new authorities to expand patients’ access to retail pharmacies. Our objective was to overcome the exclusion of chain and local pharmacies from providing brand maintenance drugs under TRICARE at the same rates available for prescriptions filled at military treatment facilities or through mail-order pharmacies, which caused significant losses to chain and local pharmacy businesses and limited beneficiaries’ access to retail pharmacies. Our efforts led to the inclusion of a pilot program allowing pharmacies to provide brand maintenance drugs to TRICARE beneficiaries. The bill passed with overwhelming support in both the House (375-34) and the Senate (92-7).

Bayh-Dole Advice Across Sectors

We have advised clients in various sectors regarding the substantial manufacturing requirement under the Bayh-Dole Act, including securing waivers of the requirement and helping clients structure manufacturing obligations to maximize business efficiencies within the requirements of the Bayh-Dole Act. We also routinely advise clients regarding the Bayh-Dole Act’s requirements for perfecting title in intellectual property and avoiding potential march-in actions under the Act.

Transmission-Related Matters for PSEG

Represent PSEG, a large New Jersey electric utility, with respect to a range of transmission-related matters including financial incentives and favorable regulatory treatments for large transmission projects, cost allocation policy for certain transmission investments, and market based rates for new generation projects. We advised on the Northeast Grid Reliability Project sponsored by PSEG, a transmission investment of almost $1 billion, and in particular with respect to the rate incentives applicable to the project. FERC granted a range of incentives for the project. In a separate representation, we advised PSEG in a FERC proceeding that secured rate incentives and certain favorable regulatory treatments for PSEG’s construction of five large high-voltage transmission projects.

Two Major Hollywood Studios on Various Feature Films in China

Advise two of the major Hollywood studios on a number of different feature films in China. Film projects for the majors include both studio films intended for wide international release, as well as local Chinese-language productions. Work for the majors also include advice regarding cooperation agreements, development, copyright and IP infringement, and relationships with talent.

Univision Communications in Communications-Related Regulatory Matters

Representation of Univision Communications in all communications-related regulatory matters. Univision is the nation’s largest integrated Spanish-language media company and the fifth-largest broadcast network in any language, which owns nearly 150 radio and television stations, three national programming networks, internet portals and a suite of mobile communications products.

U.S. Department of Labor and Internal Revenue Service Investigations

Resolved contentious investigations by the US Department of Labor and Internal Revenue Service, in which the government took positions that exposed our clients to many millions, and in some cases over $1 billion, of potential liability. In several of these cases, we replaced counsel that was unable to reach agreement with the government, when litigation appeared to be imminent.

U.S. regulatory guidance for South Korean airline

The second largest airline in South Korea was under investigation by the U.S. government in connection with a 2014 accident in San Francisco. Our Washington office guided the company’s participation in the National Transportation Safety Board (NTSB) investigation, and successfully mitigated U.S. public relations issues.

Venture Negotiations and Public Policy Efforts for Pearl Mobile DTV

Represented Pearl Mobile DTV in establishing a nine-company venture to provide Mobile Digital Television services in the United States. Covington led the negotiations leading to the creation of the Pearl Mobile DTV venture, the negotiation of content license agreements, and public policy efforts before Congress and at the White House and the FCC.

Virtual Electricity Trader FERC Investigation

Represent a virtual electricity trader in an on-going non-public FERC investigation of fraud and manipulation with respect to trading virtual electricity products and congestion revenue rights in the California ISO markets. As in other cases, we have responded to extensive data requests from FERC, defended depositions, reviewed documents and prepared position papers evaluating the factual and legal issues.

Washington National Cathedral in Copyright Matter in the U.S. District Court for the Eastern District of Virginia

Representation of Washington National Cathedral in a copyright action in the United States District Court for the Eastern District of Virginia to enjoin a major movie studio from its unauthorized use of a Cathedral sculpture in a popular feature film.

Wells Fargo in Connection with Federal Reserve Board Investigation

Represent Wells Fargo & Co. and Wells Fargo Financial, Inc. in connection with a Federal Reserve Board investigation, enforcement action involving allegations of customer income alteration and customer steering by Wells Fargo Financial sales personnel in originating nonprime mortgage loans—and with implementation of the resulting consent order.

White Paper for Major Energy Trade Associations

Represent seven major energy trade associations including Edison Electric Institute, American Gas Association, Natural Gas Supply Association, and Electric Power Supply Association in preparing a comprehensive White Paper evaluating FERC’s enforcement initiatives both substantively and procedurally, presenting it to FERC, and paving the way for the implementation of significant reforms to FERC’s enforcement program.

Wireline Competition Before FCC for Client TDS Telecom

Representation of TDS Telecom on a range of wireline issues before the FCC, including universal service, ETC regulation, intercarrier compensation and CALEA. We represent the world’s largest independent directory assistance providers on a range of issues before the FCC, including retail competition.

Global Legislative and Regulatory Counsel

We help clients engage with policymakers developing IoT regulatory frameworks in jurisdictions worldwide. We have assisted clients with IoT products or services in identifying relevant legislative and regulatory developments, drafting and submitting comments on proposals to regulate IoT technologies, and lobbying policymakers on these issues. We monitor developments in jurisdictions across the world.

Emerging IoT Government Contracts Standards

We monitor and advise clients on legislation and regulations that affect IoT-related government contracts. For example, we track legislation that would require the development of contractual IoT security standards for IoT devices purchased from government contractors. We also advise on IoT best practices for government contractors.

Corporate Culture Investigation for Uber Technologies, Inc.

Led a three-month investigation into the corporate culture at Uber Technologies Inc. following a blog post by a former Uber engineer that alleged that the company’s work culture was biased against women and that managers ignored sexual harassment complaints. The process included more than 200 interviews with current and former employees, and resulted in a set of recommendations approved unanimously by the board that subsequently were released publicly.

$2.7 Billion Acquisition of the Safran Identity & Security Business

Represented the private equity firm Advent International and its portfolio company Oberthur Technologies in securing the CFIUS and U.S. national industrial security approvals for Advent’s acquisition of the Identity & Security business (d/b/a “Morpho”) from Safran, for the purpose of combining it with Oberthur.

Cross-Border Workforce Reorganization

A fast-growing U.S.-based start-up planning and executing an aggressive global expansion relied on Covington’s global workforce team to mastermind a comprehensive implementation strategy that met the business’ goals while addressing compensation and benefits planning and employment challenges across dozens of jurisdictions.

Guiding a Start-up Through Rapid International Workforce Growth

A fast-growing U.S.-based start-up planning and executing an aggressive global expansion relied on Covington to mastermind a comprehensive implementation strategy that met the business’ goals while addressing compensation and benefits planning and employment challenges across dozens of jurisdictions.

Significant Privacy Case Before the Irish High Court

The Irish High Court referred the validity of the Standard Contractual Clauses used as a basis to transfer data and specifically whether they are compatible with the EU treaties to the EU Court of Justice. This is an amicus brief where we will appear on behalf of our client alongside the U.S. Government in making submissions before the EU Court of Justice.

Successful Representation of Microsoft in Privacy Battle

Represented Microsoft in successfully opposing a subpoena seeking the emails of a deceased customer. Following briefing and a hearing, the Court embraced Microsoft's balanced approach to this nuanced issue of digital privacy, holding that Microsoft could not be compelled by subpoena to produce the emails but was free to do so voluntarily in accordance with its policies.

Navigating U.S. Legislative Amendment Procedures on a Tight Deadline

Our client, a major trade association, was facing an adverse and precedential amendment to a piece of U.S. legislation. With only one day before decisions were to be made as to which amendments would be in order during the House of Representatives (House) debate, we promptly developed substantive and procedural arguments against the amendment at issue. We then presented these arguments to senior members of the committee of jurisdiction and the Rules Committee. Through our aggressive efforts, the Rules Committee decided against making the amendment in order for a vote, preventing the House from acting on it.

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German Government decides on tightening the National FDI Screening Regime

The German government has proposed a new draft bill reforming the current foreign direct investment (“FDI”) regime, which is likely to have a significant impact on all M&A transactions involving acquisitions of 10% or more of the voting rights in German companies active in “critical infrastructures” and “critical technologies” by any non-EU investors. Under ...

Congressional Paper Hearings: The Future or The Past?

Congressional leaders are actively exploring ways to continue the work of Congress as the COVID-19 crisis continues to unfold. Currently, Congress is not able to have live, in-person hearings, which are the primary tool for conducting oversight of both the private sector and the executive branch. With existing oversight investigations still underway—and the ...

COVID 19 – US and EU Competition Law Implications (9 April 2020)

The Covington US and EU Competition/Antitrust teams will be updating you regularly, through the Covington Competition blog, on the competition/antitrust law implications – both procedural and substantive – of the COVID-19 crisis in the US and the EU. This is our update for Thursday 9 April. Today’s new updates as compared to the previous update...… Continue ...

Congressional Paper Hearings: The Future or The Past?

GAO Report Reveals New Insights Into Lobbying Disclosure Act Compliance and Enforcement

The 2020 annual report from the Government Accountability Office (“GAO”) provides new details regarding the state of Lobbying Disclosure Act (“LDA”) compliance and enforcement. By statute, the GAO is charged with conducting random audits of LDA compliance and submitting reports reflecting the results to Congress. This year’s audit reviewed approximately 100 ...

Competition law in the time of coronavirus: UK regulators’ response and approach to the COVID-19 pandemic

As we now enter the third week of lockdown in the UK, this blog post rounds-up the steps that the UK Competition and Markets Authority (CMA) and certain other regulators have taken to address the unprecedented challenges facing the country. This includes targeted relaxation of certain elements of the rules to facilitate essential forms of...… Continue Reading

EDPB will issue data protection guidance on several topics relating to COVID-19

On April 7, 2020, the European Data Protection Board (“EDPB”) announced that it assigned specific mandates to two expert subgroups to prepare guidance on a number of Covid-19 related topics. The list of topics chosen by the EDPB reflects those that have received the closest scrutiny by the national authorities. These topics are the following:...… Continue Reading

Audio and Key Takeaways Re: Covington’s Ability to Help Respond to the COVID-19 Pandemic in Africa

As a complement to our March 26, 2020 blog “Covington’s Ability to Help Respond to the COVID-19 Pandemic in Africa,” you may access the audio of our briefing call here. Key takeaways from the briefing can be accessed here. With African governments increasingly taking strong actions to impede the spread of the COVID-19 virus, including...… Continue Reading

South Africa’s Economic Response to the Covid-19 Pandemic

South Africa did not record the first case of Covid-19 in Africa, but it now has the highest number of reported cases on the continent. Having had the benefit of watching governments respond to the outbreak of the pandemic in Asia, Europe and the United States, President Cyril Ramaphosa on March 15, 2020, with only...… Continue Reading

Compliance Considerations for Companies and Individuals Donating Funds, Goods, or Services to Domestic Government Entities

As the coronavirus pandemic continues across the country, many corporations, organizations, and individuals are looking for ways they can help fight back. This often includes donating money, goods, or services to federal, state, or local government entities. These well-intentioned donations can generate compliance problems if not handled appropriately from the ...

New German Legislation Facilitates Scientific Research in the Health Sector

On March 28, 2020, the “Federal Act for the Protection of the Population against an Epidemic of National Significance” (Bevölkerungsschutzgesetz) went into effect. The law forms part of an emergency legislative package introduced by the German government in response to COVID-19. The law amends the Social Code V (SGB V) by introducing a new provision...… ...

Compliance Considerations for Companies and Individuals Donating Funds, Goods, or Services to Domestic Government Entities

The FTC’s Response to the Coronavirus Pandemic: Consumer Protection Priorities and Initial Actions

The Federal Trade Commission has traditionally responded forcefully to public health and economic crises, and it is doing so again in response to the coronavirus pandemic. The current crisis does present some additional complications, however, because of its impact on the operations of the agency itself. Three particular aspects of the FTC’s consumer ...

The BBB’s National Advertising Division Launches Fast-Track SWIFT Process for Digital Advertising

Last week, the Better Business Bureau’s National Advertising Division (NAD) announced a new expedited process for digital advertising challenges. The SWIFT (Single Well-defined Issue Fast Track) Process will allow businesses to address concerns of transparency and truthfulness on an accelerated basis, with decisions rendered within twenty business days of case ...

CARES Act Includes New Route to Recovery for Contractors Affected By COVID-19

Contractors sidelined by facility closures and stay-at-home orders in the wake of the COVID-19 pandemic may now have a new pathway to recovering idle labor costs. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act includes a provision, Section 3610, that provides a new form of relief for contractors facing delays and additional costs as...… ...

CARES Act Includes New Route to Recovery for Contractors Affected By COVID-19

Brazil Senate Approves Bill Delaying LGPD Enforcement

The Brazil Senate unanimously approved a bill today that would delay implementation of the Brazil General Law for Data Protection, or LGPD, until January 1, 2021 and enforcement of fines and penalties until August 1, 2021. The LGPD is currently scheduled to take effect on August 15, 2020. The draft bill — one of four...… Continue Reading

AI Update: Using Artificial Intelligence to Combat COVID-19

The rapid spread of COVID-19, along with the effectiveness of existing public health response plans and the impacts of social distancing on the economy, have raised the question of how new technology can be used to address and manage the pandemic. On April 1, 2020, the Stanford Institute for Human-Centered Artificial Intelligence hosted “COVID-19 and...… ...

HHS Seeks to Facilitate Certain Uses and Disclosures of Health Data to Public Health and Health Oversight Agencies Amidst COVID-19 Nationwide Public Health Emergency

On April 2, 2020, the U.S. Department of Health and Human Services (“HHS”) issued a Notification of Enforcement Discretion (the “Notification”) regarding the disclosure of protected health information (“PHI”) to public health authorities and use of PHI to perform analytics for such authorities. Designed to “facilitate uses and disclosures for public health and ...

AI Update: Using Artificial Intelligence to Combat COVID-19

CFPB Releases Guidance on FCRA and Regulation V Compliance During COVID-19

On April 1, 2020, the Consumer Financial Protection Bureau (“CFPB”) released a statement on “Supervisory and Enforcement Practices Regarding the Fair Credit Reporting Act and Regulation V in Light of the CARES Act.” This statement provides guidance outlining the CFPB’s expectations of furnishers and consumer reporting agencies (“CRAs”) during the COVID-19 ...

COVID-19 Apps and Websites – The “Pan-European Privacy Preserving Proximity Tracing Initiative” and Guidance by Supervisory Authorities

Pan-European Privacy Preserving Proximity Tracing Initiative According to media sources, an EU consortium led by Germany’s Fraunhofer Heinrich Hertz Institute for telecoms (HHI) will soon release software code that can be used to create apps that will help track transmission chains of COVID-19. The Pan-European Privacy Preserving Proximity Tracing (“PEPP-PT”) ...

UK Supreme Court Rules That Supermarket Is Not Vicariously Liable For Data Breach Committed By Employee

On 1 April 2020, the UK Supreme Court handed down its ruling in WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12. The Court ruled that Morrisons was not vicariously liable for a data breach deliberately perpetrated by an employee. The judgment is significant in that it overturned the decisions of the two lower...… Continue Reading

IoT Update: Dutch Supervisory Authority Investigates Connected Cars

On March 24, 2020, the Dutch Supervisory Authority (“SA”) announced the launch of a broad investigation into automobile manufacturers, to determine whether any violations of data protection laws have occurred in relation to connected cars. The Dutch SA sent a questionnaire to all Netherlands-based car and truck manufacturers, asking what types of personal data ...

FCC Continues Implementation of TRACED Act with SHAKEN/STIR Mandate and Industry Traceback Consortium

With the adoption of two recent orders, the Federal Communications Commission (“FCC”) continues to implement the TRACED Act. In the first of these orders, the FCC established a deadline by which certain voice services provides must adopt and implement the SHAKEN/STIR call authentication framework. In the second of these orders, the FCC established the ...

Washington Enacts New Facial Recognition Law

On March 31st, Washington Governor Jay Inslee signed into law SB 6280, a bill aimed at regulating state and local government agencies’ use of facial recognition services. An overview of the law’s provisions can be found here. Notably, Governor Inslee vetoed Section 10 of the bill, which aimed to establish a legislative task force that...… Continue Reading

EPA Provides Flexibilities to Manufacturers of “List N” Disinfectants for Use Against Coronavirus

EPA on March 31 provided a formal relaxation of certain FIFRA requirements for pesticides listed on EPA’s “List N” of products expected to be effective against the coronavirus. This temporary policy relaxes requirements to receive EPA approval of changes in sources of certain common active ingredients—such as ethanol, hydrogen peroxide, and citric acid—in ...

DOJ Moves to Eliminate Supplemental Environmental Projects from Settlements

Amidst the disruption caused by the coronavirus pandemic (but not specifically relating to it), the Department of Justice has announced a major shift in policy towards settling environmental cases. DOJ, and EPA along with it, will no longer offer settling defendants the option of undertaking supplemental environmental projects in lieu of paying penalties to ...

New Paid Sick Leave Requirements Impact Government Contractors

Recent legislation significantly expanded many workers’ entitlement to paid sick leave and paid family leave. These new benefits take effect on April 1st. Our employment and benefits experts have described those requirements in a series of posts, including overviews here and here, and New York-specific considerations here. Federal government contractors ...

EPA Cracking Down on Misbranded Coronavirus Treatment Products

Thomas Brugato is quoted in Bloomberg Law regarding the EPA’s increased enforcement measures against products making unproven antiviral or disinfectant claims in light of the coronavirus pandemic. Mr. Brugato says, “This is the tip of the iceberg. I think we’ll definitely see more cases like this.” He adds that given the clear public health implication of the ...

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

On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority ...

Covington Boosts Global Competition Team with London Hire

LONDON—James Marshall has joined Covington’s Competition Practice in London as a partner. Mr. Marshall advises on all aspects of competition law and sector regulation and regularly counsels clients on merger control, investigations, commercial deals, abuse of dominance, and compliance. He is recommended by Legal 500 in multiple categories and is recognized as a ...

Defense Production Act Anti-Hoarding Provisions Invoked for Coronavirus

The Department of Health and Human Services published a notice on March 30, 2020 — effective March 25, 2020 — designating certain COVID-19-related personal protective equipment (“PPE”) and materials as “scarce” or “threatened” materials subject to the Defense Production Act’s (“DPA”) anti-hoarding provisions. As a result of this notice, the DPA now prohibits ...

AI/IoT Update: The Potential Benefits of Digital Health Technology in Managing COVID-19

The COVID-19 crisis is demonstrating the potential of digital health technology to manage some of our greatest public health challenges. The White House Office of Science and Technology Policy has issued a call to action for technology companies to help the science community answer high-priority scientific questions related to COVID-19. The Centers for Disease ...

EPA Is “Especially Concerned” About FIFRA Noncompliance in Light of COVID-19 Pandemic

EPA on March 26 released a guidance document explaining its approach to enforcement actions in light of the COVID-19 pandemic. While most aspects of that document explain areas in which EPA exercising enforcement discretion to provide flexibility to regulated parties in response to the pandemic, EPA is not taking that approach with respect to antimicrobial...… ...

Mitch Kamin Named to The Hollywood Reporter's Power Lawyers 2020

LOS ANGELES—The Hollywood Reporter has named Mitch Kamin to its “Power Lawyers 2020,” a list of the top 100 lawyers in Hollywood. Each year, THR's editors extensively research the attorneys who are negotiating the industry's biggest deals and navigating its most impactful litigation to select 100 individuals for the Power Lawyers list. Mr. Kamin is a trial ...

Congress Creates New Oversight Functions for Coronavirus Relief

Although a final version of the Coronavirus Aid, Relief, and Economic Security (CARES) Act is not yet available, based on what we know so far, it appears that the legislation will include the provisions described below establishing oversight functions for the use of stimulus and bailout funds. According to a number of sources, the bill...… Continue Reading The ...

FERC Considering Changes to Transmission Incentives

The Federal Energy Regulatory Commission (FERC) has proposed substantial changes to its policies for awarding ratemaking incentives for new transmission investment. The most fundamental change is that FERC would no longer award incentives based on a proposed project’s risks and challenges but would instead award them based on its economic and reliability ...

Interacting with the Government During the Pandemic: Compliance Blind Spots for Corporations and Executives

The consequences of the COVID-19 pandemic are reverberating in every sector of the global economy, from life sciences to transportation, retail to manufacturing, financial services to sports and entertainment. As federal, state, and local governments attempt to blunt the pandemic’s public health and economic effects, many companies are frantically working with ...

House COVID 3.0 Legislation Would Ban Federal Lobbying and Impose Permanent Corporate Political Spending Disclosure Requirements for Aid Recipients

The countless lobbyists urging Congress to include relief for their clients in the third coronavirus legislative package (“COVID 3.0”) currently pending in Congress may soon be unemployed, at least if the House version becomes law. The Take Responsibility for Workers and Families Act (H.R. 6379), proposed by Democrats in the House of Representatives on ...

FCC Clarifies that COVID-19 “Emergency Purposes” Calls/Text are Not Subject to “Prior Express Consent” Requirement

Yesterday, the Federal Communications Commission (“FCC”) on its own motion released a Declaratory Ruling to confirm that the COVID-19 pandemic constitutes an “emergency” under the Telephone Consumer Protection Act (“TCPA”); as a consequence, hospitals, health care providers, state and local health officials, and other government officials may lawfully ...

Telcos share location data for coronavirus efforts

Dan Cooper spoke with Global Data Review about how telecommunications companies are providing data regulators location data to track the effects of social distancing in the wake of coronavirus. Mr. Cooper told GDR that the measures in Europe are “not too much of a concern” from a privacy perspective as the data being used by authorities is anonymized and ...

The Defense Production Act and the Coronavirus Executive Order: Key Considerations

Following up on our post earlier this week giving a general overview of the Defense Production Act of 1950 (“DPA”), 50 U.S.C. §§4501 et seq., this post comments on President Trump’s March 18, 2020 Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (the “COVID-19 E.O.”) and...… Continue Reading The ...

Proposal to Treat Electric Storage as Transmission Now Before FERC

The Midcontinent Independent System Operator (MISO), a Regional Transmission Organization (RTO), has proposed to the Federal Energy Regulatory Commission (FERC) tariff provisions that would treat electric storage facilities as transmission-only facilities if they provide the preferred solution to a transmission issue in MISO’s regional planning process. This is ...

Democrats Want to Prevent Coronavirus Credit Report Harm

David Stein spoke with Bloomberg about legislation from Senate Democrats to shield U.S. citizens from negative credit reporting for the duration of the new coronavirus crisis. Three senators are looking to throw out a rule where credit bureaus are required under the Fair Credit Reporting Act to collect negative information. Mr. Stein says, “To the extent that ...

Test makers say testing volume ramping up quickly despite concerns over reagents

Scott Danzis spoke with BioWorld about the uptick in coronavirus testing by the FDA and CDC. Mr. Danzis says that while the FDA and the CDC struggled to move testing forward in the early days, “things have shifted dramatically” since that time. He adds that the issue of FDA regulation of lab-developed tests is of long standing, but that the Verifying ...

The Likely Effects of COVID-19 on Contract Awards and Contract Formation

As a result of novel Coronavirus (SARS-CoV-2) and COVID-19, federal and state governments have a sudden and unanticipated need for more goods and services. Some of those goods and services are highly specialized and specific to Coronavirus and COVID-19. But governments also have an increased and urgent need to buy otherwise-routine goods and services that...… ...

State of Emergency: COVID-19, the Stafford Act, and What It All Means for Contractors

On March 13, the President declared a national emergency in response to the COVID-19 pandemic. Doing so activated the authorities available to the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207 (the “Stafford Act”) to provide federal assistance to state and local governments responding to the ...

FLSA Considerations In Response to Government COVID-19-Related Directions

As federal agencies adjust their worksites to the realities of the COVID-19 pandemic, these changes will likely have a direct impact on government contractors and their employees who work at those sites. If the government closes or reduces operations at a site, a contractor may be forced to furlough or reduce the hours of employees. ...… Continue Reading The ...

FDA turns to Twitter to help track testing supply shortages

Scott Danzis is quoted in Politico regarding tracking medical device shortages and whether regulations requiring drug manufacturers to warn the government when a shortage seems likely should be applied to medical devices. Mr. Danzis says, “There's a balance that has to be struck between giving that information to FDA and creating additional reporting ...

Can I Recover the Added Costs of Work Caused by COVID-19?

As the fallout from COVID-19 continues, federal contractors in every industry are seeing significant impacts on their ability to perform, ranging from scheduling delays to supply chain interruptions and increased costs of performance. We previously addressed the rules and regulations governing excusable delays, which permit a contractor to avoid default if a ...

New Jersey “Dark Money” Disclosure Law Permanently Enjoined

Last year, we blogged about a new and highly restrictive disclosure law in New Jersey that took aim at so-called “dark money” spending by nonprofit and political organizations. In response to a series of lawsuits, a federal court has issued an order permanently prohibiting the state from enforcing the law against “independent expenditure committees” as...… ...

A Coronavirus Contractor’s Guide to the Defense Production Act

As a followup to our recent post on the implications of the PREP Act for government contractors working to respond to the COVID-19 outbreak, this post will provide an overview of the Defense Production Act—including its key powers that the federal Government might invoke to counter the pandemic. Congress first enacted the Defense Production Act...… Continue ...

Some FBI spying powers in limbo with lapse of Freedom Act

Trisha Anderson spoke with Global Data Review about Congress’s lapse in renewing the Freedom Act while dealing with COVID-19. Ms. Anderson told GDR if Congress doesn’t renew the business records provision, the FBI will have to operate with pre-Patriot Act surveillance tools. She adds that the FBI would still be able to obtain business records via grand jury ...

Call Me By My Name: The Importance of the European Commission’s Proposed Climate Change Law

On March 4, 2020, the European Commission delivered the first major climate piece of its European Green Deal: it proposed a “European Climate Law,” which takes the form of a Regulation and establishes a framework for the irreversible and gradual reduction of greenhouse gas emissions and the enhancement of removals in the European Union. The...… Continue Reading

New EPA and OSHA COVID-19 Guidance Underscore the Importance of Securing Pesticide Approval under EPA’s Emerging Viral Pathogens Policy

Under EPA’s 2016 Emerging Viral Pathogens policy, pesticide registrants can obtain EPA “pre-approval” for their product to make claims to kill emerging viral pathogens when the policy is “activated,” so long as the pesticides have been approved for use on similar viruses. These include common household and workplace disinfectant products, which are generally ...

A Coronavirus Contractor’s Guide to the PREP Act

We’ve covered several topics already this week on the U.S. Government’s varied responses to the COVID-19 outbreak and how these responses will affect contractors that do business with the government, including BARDA’s EZ-BAA for COVID-19 diagnostics, mission-essential services during the outbreak, and how excusable delay provisions may help federal contractors ...

Climate Change: The EU Moves Towards a Carbon Border Adjustment Mechanism

Last week, the European Commission took a major step to implement the climate aspects of its European Green Deal. It presented a proposal for a European Climate Law and two consultations on its announced Climate Pact and Carbon Border Adjustment Mechanism (“CBAM”). The European Commission intends to present a proposal for a CBAM by the...… Continue Reading

UK Government’s Advisory Committee Publishes Report on Public Sector Use of AI

On February 10, 2020, the UK Government’s Committee on Standards in Public Life* (the “Committee”) published its Report on Artificial Intelligence and Public Standards (the “Report”). The Report examines potential opportunities and hurdles in the deployment of AI in the public sector, including how such deployment may implicate the “Seven Principles of Public ...

Covington Assists Veritas Capital with $5 Billion Acquisition of DXC’s Health and Human Services Business

WASHINGTON—Covington is assisting Veritas Capital with its acquisition of DXC Technology’s U.S. State and Local Health and Human Services business in a deal valued at $5 billion. The transaction is expected to close no later than December 2020, subject to the satisfaction of customary closing conditions. DXC Technology’s U.S. State and Local Health and Human ...

AI Update: European Commission’s Plans for AI and Data: Focus on Digital Health (Part 4 of 4)

In this final instalment of our series of blogs on the European Commission’s plans for AI and data, announced on 19 February 2020, we discuss some potential effects on companies in the digital health sector. As discussed in our previous blog posts (here, here and here), the papers published by the European Commission cover broad...… Continue Reading

DOE Proposes to Lengthen LNG Export Terms

The Department of Energy (“DOE”) is proposing to extend to December 31, 2050 the standard twenty-year term for authorizations to export natural gas and liquefied natural gas (LNG) from the U.S. lower-48 states. According to DOE, the longer term would better match the operational life of LNG export facilities, provide more security in their financing,...… ...

IoT Update: FCC’s February Meeting Features Several 5G and IoT-Related Items

The Federal Communications Commission (FCC) has again demonstrated that enabling the 5G ecosystem that, among other things, will drive breakthroughs in the Internet of Things (IoT), remains an agency priority. In a meeting late last week, the FCC adopted multiple items aimed at expanding spectrum availability and access for 5G applications and services, as ...

AI Update: Algorithmic Systems and Human Rights: The Council of Europe’s Venture into AI Standard Setting

In November 2019, the Council of Europe’s* Committee of Experts on Human Rights of Automated Data Processing and Different Forms of Artificial Intelligence (the “Committee”) finalized its draft recommendations on the human rights impacts of algorithmic systems (the “Draft Recommendations’’). The Draft Recommendations, which are non-binding, set out guidelines ...

EPA Releases Comprehensive Guidance Database, With Significant Ramifications for Auer Deference

EPA on February 28 released a web portal containing links to “all of EPA’s active guidance documents,” as required by last year’s Executive Order 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents.” In total, EPA’s portal contains over 9,100 guidance documents, from EPA’s various Headquarters offices and each of its 10 Regions....… ...

AI Update: European Commission’s plans on data and Europe’s digital future (Part 3 of 4)

On 19 February 2020, the new European Commission published two Communications relating to its five-year digital strategy: one on shaping Europe’s digital future, and one on its European strategy for data (the Commission also published a white paper proposing its strategy on AI; see our previous blogs here and here). In both Communications, the Commission...… ...

AI Update: European Commission’s White Paper on Artificial Intelligence (Part 2 of 4)

The European Commission, as part of the launch of its digital strategy for the next five years, published on 19 February 2020 a White Paper On Artificial Intelligence – A European approach to excellence and trust (the “White Paper”). (See our previous blog here for a summary of all four of the main papers published...… Continue Reading

Covington Advises Univision in Sale of Majority Stake to Searchlight and ForgeLight

WASHINGTON—Covington represented Univision Holdings, Inc. in its definitive agreement to sell a majority ownership interest to private investment firms Searchlight Capital Partners, LP and ForgeLight LLC. Under the terms of the acquisition, Searchlight and ForgeLight will purchase a 64 percent interest from Univision stockholders while Televisa, a leading media ...

Covington Represents Ukraine in Securing Favorable Ruling Under U.N. Law of the Sea Convention

WASHINGTON—Covington secured a major ruling for Ukraine in an arbitration against the Russian Federation under the U.N. Convention on the Law of the Sea (UNCLOS). The ruling, issued today by a five-member arbitral tribunal, rejected the majority of Russia’s jurisdictional objections and permits Ukraine’s case to proceed to the merits. “The Tribunal’s ...

Drug Pricing Investigations in the 116th Congress

Consistent with popular predictions and our prior posts, Congress made drug pricing a key item on its investigative agenda in the first year of the 116th Congress. Several factors contributed to the uptick in congressional drug pricing oversight activity, including the elevation of new Democratic chairs in the House with longstanding interests in drug ...

Witney Schneidman on expectations for Pompeo's visit to Africa

Witney Schneidman appeared on China Global Television Network to discuss U.S. Secretary of State Mike Pompeo's visit to Africa and the opportunities for American investment in the continent. Mr. Schneidman says, “Secretary Pompeo would like to see a lot more investment in Africa… But there is a big hurdle there. Americans don’t really understand Africa that ...

What happens to leftover campaign funds when a candidate drops out of the presidential race?

Robert Kelner is quoted in Fortune regarding the capabilities of Super PACs in a presidential election and what happens campaign funds when candidates drop out of the presidential race. Mr. Kelner says, “Super PACs have fairly broad discretion on what they can do with excess funds.” He adds, “Where you see a lot of money left over in the Super PAC after the ...

Revised CCPA regulations slightly more business-friendly, experts say

Libbie Canter is quoted in Global Data Review regarding the California Attorney General Xavier Beccera’s revisions to the California Consumer Privacy Act’s (CCPA) regulations. The revisions have left many businesses concerned and with unanswered questions. Ms. Canter says despite the revisions “ambiguities” remain for entities that collect data from third ...

Former Top U.S. Diplomat for Latin America Joins Covington

WASHINGTON—Kimberly Breier, the U.S. Department of State’s former top diplomat for Latin America, has joined Covington as a senior advisor. Ms. Breier most recently served as Assistant Secretary of State for Western Hemisphere Affairs, the United States’ top diplomat for the Western Hemisphere. She led the State Department’s policy formation, oversaw U.S. ...

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

Anne Termine is quoted in Law360 regarding the U.S. Commodity Futures Trading Commission’s effort to impose position limits meant to curb speculators’ ability to distort prices. The new plan allows users to seek exemptions not set forth in the rule proposal by applying directly to their relevant exchanges. The CFTC would have 10 days to review that decision or ...

Audit Process Remains A Mystery In DOD Cybersecurity Plan

Susan Cassidy is quoted in Law360 regarding the DoD’s implementation of cybersecurity requirements for defense contractors. Ms. Cassidy says that questions about the process, such as who will audit the thousands of contractors that need to be certified for cybersecurity compliance, how they will be audited and what options they will have if they disagree with an ...

U.S. and Kenya to Start Talks on 'Model' Trade Deal for Africa

Witney Schneidman is quoted in the Financial Times regarding the United States’s and Africa’s search for a replacement to the African Growth and Opportunity Act (AGOA), which gives nearly 40 African states tariff-free access to the U.S for 6,500 products, and has faced increasing criticism in Washington. Mr. Schneidman says, “Africans are saying, we are trying ...

GSA Praised for Progress on Contracting Schedule Consolidation

Mike Wagner spoke with Government Executive about the General Services Administration's restructuring of the terms and conditions of current contracts so that they are in sync with those on the new, single contracting vehicle, which also features new contracts. . Mr. Wagner says, “Contractors should not be seeing changes to any negotiated elements of their ...

Neema Sahni Named Among LA's Most Influential Minority Attorneys

LOS ANGELES—The Los Angeles Business Journal recognized Neema Sahni in its 2020 list of the most influential minority lawyers in Los Angeles. The list recognizes lawyers who are particularly impactful, maintain the highest professional and ethical standards, and contribute to the Los Angeles business and legal community. In Ms. Sahni's profile, the Business ...

Sarah Cowlishaw Named to The Lawyer “Hot 100”

LONDON—The Lawyer has named London life sciences partner Sarah Cowlishaw to its “Hot 100,” a list that recognizes the most daring, innovative and creative lawyers from in-house, private practice and the Bar around the U.K. The Lawyer highlighted Ms. Cowlishaw’s work for biotech company Sensyne Health on regulatory matters related to its AIM IPO and her ongoing ...

Inbound US Real Estate Investments To Face New Oversight

Heather Finstuen is quoted in Law360 regarding CFIUS’s decision to extend its regulatory purview across a broad portion of U.S.-targeted real estate transactions. The new regulations go a step further by clearly defining sensitive locations and the proximity to those locations that could cause national security concerns, which will now be divided by The ...

CFPB Tightens Approach To Abusiveness With New Policy

Eric Mogilnicki is quoted in Law360 regarding the CFPB’s new policy of restraint in bringing enforcement actions against financial services providers for abusive acts and practices. Mr. Mogilnicki says, “It is a helpful guide for how the bureau will enforce the abusiveness prohibition. However, this guide is not rooted in the language of the statute, which means ...

Covington Named to GCR's Global Elite

WASHINGTON—Global Competition Review has once again named Covington to its 2019 "Global Elite," a list of the top 25 firms practicing competition law internationally, as well as including the firm in the list of top ten antitrust litigation practices globally. Now in its 20th year, GCR100 undertakes extensive analysis of antitrust and competition law groups in ...

Covington Represents Piramal in $950M Sale of Healthcare Data and Analytics Company

WASHINGTON—Covington represented Piramal Enterprises Limited in itsdefinitive agreement to sell Decision Resources Group to Clarivate Analytics plc, in a deal valued at $950 million. The $950 million purchase price includes $900 million in cash and approximately $50 million in Clarivate ordinary shares to be issued following the one-year anniversary of ...

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

WASHINGTON—Am Law Litigation Daily has named Covington partner Michael Imbroscio, co-chair of the firm’s Product Liability and Mass Tort practice, as a “Litigator of the Week.” Mr. Imbroscio led the defense of Eli Lilly and Company in litigation alleging that its medicine Cialis – as well as Pfizer’s medicine Viagra – could cause melanoma, convincing the trial ...

Covington Advises Illumina on Clinical Human Genome Sequencing Project

London—Covington represented Illumina on its partnership with Genomics England, to sequence up to 500,000 whole genomes for the NHS Genomic Medicine Service. This partnership is part of the wider ambition to analyse up to 5 million genomes by 2024, to enable the UK to maintain its position as a global leader in genomics. Under this partnership and guided by ...

Will Fed's simpler capital regime be ready before next stress tests?

John Veroneau is quoted in the Washington Post regarding a recently signed partial trade deal between the United States and China. Mr. Veroneau says, “This administration is more open to intervening in the economy than most recent Republican administrations have been.”

Covington Represents Elanco in Divestitures of Pet Care Products

WASHINGTON—Covington represented Elanco Animal Health in connection with an agreement with Dechra Pharmaceuticals to divest Osurnia® for $135 million in an all-cash deal. Covington also represented Elanco in an agreement to divest the U.S. rights and related assets for Capstar® to PetIQ, Inc., for $95 million in an all-cash deal. Elanco is a global animal ...

Covington Named a Law360 "Firm of the Year"

WASHINGTON—Law360 has named Covington one of its 2019 “Firms of the Year” for the second consecutive year based on the firm having received six Practice Group of the Year awards. The Covington practices named 2019 Practice Groups of the Year are: Competition/Antitrust Government Contracts International Arbitration Life Sciences Media & ...

US House privacy bill differs from Senate counterparts

Lindsey Tonsager is quoted in Global Data Review regarding a recently released draft privacy bill from the US House Committee on Energy & Commerce which differs from current Senate bills. With roughly a quarter of House Democrats coming from California, Ms. Tonsager told GDR that there will be major opposition to pre-emption in the House. “We’ve already seen the ...

ICO hits electronics retailer with maximum pre-GDPR fine

Daniel Cooper is quoted in Global Data Review regarding the UK ICO’s decision to fine DSG Retail £500,000 under pre-GDPR data protection law. The fine stems from the company being compromised by a cyberattack affecting at least 14 million people. Mr. Cooper says, “the ICO's imposition of a maximum fine appears due, in part, to the fact that it felt DSG should ...

Regulatory Questions Remain As FDA's CBD Report Deadline Looms

Jessica O'Connell spoke with Inside Health Policy about the FDA's plan to remove adulterated cannabis products from the CBD market. Ms. O'Connell says, "There’s a range of products out there that aren’t compliant, and FDA only has so many resources and can only enforce so much. I think one difference here that might be helpful is that there are these robust ...

California's New Privacy Rule Will Impact Financial Institutions

Michael Nonaka spoke with WatersTechnology about the impact of the California Consumer Privacy Act on financial institutions. Mr. Nonaka says, “There are exemptions [in the CCPA] for information that is covered by the GLBA. This is consumer information used by FIs, including broker-dealers. But there is not a broad exemption that just takes out the entirety of ...

European Commission takes cautious approach on AI liability

Daniel Cooper spoke with Global Data Review about the European Commission’s recommended changes to artificial intelligence liability rules. Mr. Cooper says the commission is keen to stress that the conclusions drawn from the report remain those of the expert group only. “One has to assume that the commission wants to be careful to test the waters first and gauge ...

SEC And CFTC Regulatory Priorities To Watch In 2020

Anne Termine is quoted in Law360 regarding CFTC’s proposal to regulate cross-border swaps and govern when cross-border swaps should be registered with the agency. Ms. Termine says, “The commission is trying to thread the needle of registration that is not over-reaching beyond our borders, yet sufficiently protects the interests of the U.S. and U.S. markets. This ...

California's privacy law arrives to confusion and costs for businesses

Lindsey Tonsager spoke with the Financial Times about the California Consumer Privacy Act (CCPA) and the different ways companies are trying to comply with the new law. Addressing some companies’ efforts to create self-serve portals to handle users’ privacy requests, Ms. Tonsager says, “This works fine but if you get a high spike of data access requests — right ...

4 Gov't Contracting Policy Developments To Watch In 2020

Fred Levy spoke with Law360 about the 2021 National Defense Authorization Act. Mr. Levy says the upcoming NDAA could also include more provisions that would expand the government’s right to obtain pricing information on commercial items, given recent congressional attention to alleged “price-gouging,” even as that definition has been applied somewhat ...

Former UK trade minister: Risk of no-deal Brexit remains, but it’s unlikely

Francis Maude appeared on CNBC to discuss the risk and possibility of a Brexit no-deal. Lord Maude says, “The risk of a no-deal Brexit without a withdraw agreement is very unlikely because it is in no one’s interest for that to happen… But there has always been a risk that if both sides get into an absolute standoff that there could be an end to the ...

Top 7 Gov't Contracting Policy Changes In 2019

Fred Levy is quoted in Law360 regarding the formation of the Procurement Collusion Strike Force, a cooperative effort among the U.S. DOJ’s Antitrust Division, in an article highlighting the top government contracts policy changes in 2019. The strike force is indicative of a broader trend in government contracts over roughly the last year: the “criminalization of ...

Top 5 Gov't Contracts Cases Of 2019

Fred Levy spoke with Law360 about an FCA case involving a rocket and missile propulsion company misleading the U.S. DoD about its failure to safeguard "unclassified controlled technical information" from cybersecurity threats, in an article highlighting the top government contracts cases of 2019. Mr. Levy says the growing attention federal agencies are giving to ...

New Online Political Advertising Rules Coming to California January 1

Amid ongoing focus on how social media and other companies approach online advertising, California’s latest effort to require disclosure of online advertising will take effect January 1. We blogged on these revisions to the California DISCLOSE Act, sometimes called the Social Media DISCLOSE Act, when they passed back in 2018. Absent federal action, we ...

Variety Recognizes Robyn Polashuk in 2019 Dealmakers Impact Report

Variety has named Robyn Polashuk to its 2019 Dealmakers Impact Report, recognizing people behind the biggest pacts in the world of showbiz. Ms. Polashuk co-chairs the firm's Communications and Media Industry Group, which provides the highest level of legal and strategic advice to telecommunications, media, and technology companies around the world. Her ...

UK Election Brings Certainty but Concerns Continue

Francis Maude is quoted in the International Financial Law Review regarding the UK election results and its effect on the future of Brexit. Lord Maude says, “It is too early to say for definite what will come next, though I feel that London will continue to be the financial center of Europe. It is where the critical means of capability is. I’m confident that the ...

The Hill Recognizes Covington's Public Policy Practice

WASHINGTON—The Hill has named Covington’s Holly Fechner, Muftiah McCartin, and Bill Wichterman to its annual “Top Lobbyists” list. The list recognizes Washington’s top policy experts and influencers voicing the concerns of the nation’s largest companies, labor unions, and associations in the nation’s capital. Named to the list for the seventh consecutive year, ...

Covington Represents Merck In $2.7B Acquisition of Cancer Drug Developer

WASHINGTON—Covington represented Merck & Co., Inc. in its definitive agreement under which Merck, through a subsidiary, will acquire ArQule for $20 per share in cash for an approximate total equity value of $2.7 billion. ArQule is a publicly traded biopharmaceutical company focused on kinase inhibitor discovery and development for the treatment of patients with ...

New privacy initiative aimed at 2020 ballot costing money and certainty

Lindsey Tonsager is quoted in Daily Journal regarding a new voter initiative designed to improve consumer privacy in California. Ms. Tonsager says, “The new ballot initiative has introduced some uncertainty into the conversation for businesses. There has been a real whiplash throughout the whole process of the CCPA. It was enacted back in 2018, and its already ...

European Countries Reluctant To Challenge FATCA

Atli Stannard is quoted in Law360 regarding the U.S. Department of the Treasury’s claims of European Union banks violating privacy and anti-discrimination laws when they share customer information with the IRS. EU countries may negotiate with the Treasury Department, but only if they receive larger cross-border effort against tax avoidance. Mr. Stannard says, ...

Seven Covington Lawyers Named Law360 MVPs

WASHINGTON—Law360 has named seven Covington lawyers as MVPs, third most among all firms, in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Thomas ...

Arbitration Cybersecurity Protocol Outlines Best Practices

Micaela McMurrough is quoted in Law360 regarding a recently unveiled cybersecurity protocol guidelines aimed at arbitrators, institutions and arbitration users on topics including baseline security measures. Ms. McMurrough says, "We tried to build in flexibility [so that the] document can be used as guidance, rather than something that's prescriptive.”

Ian King Live - Tim Stratford

Tim Stratford spoke with Ian King of Sky News regarding current U.S.-China trade negotiations. Mr. Stratford says, “If there is strong interest to do a deal, it may stop the tit-for-tat escalation of tariffs. But it may not address the real underlying issues that lead to the trade war in the first place.”

Bid Protest Successes Counter Agencies' Frivolity Concerns

Jay Carey spoke with Law360 about the high rate of success for federal contract protests at the Government Accountability Office over the last five years, as shown in a recent GAO report. Mr. Carey say among other barriers in the way of a successful protest, protesters bear the burden of proof, often have less access to relevant information than agencies, and ...

Covington Secures Decisive Victory For Ukraine Before the International Court of Justice

WASHINGTON—Covington has secured a decisive win for Ukraine in proceedings against the Russian Federation before the International Court of Justice (“ICJ”) concerning violations by Russia of the International Convention for the Suppression of the Financing of Terrorism (“ICSFT”) and the International Convention on the Elimination of All Forms of Racial ...

New Report Shows Feds' Nuanced Approach To Contractors

Mike Wagner is quoted in Law360 regarding the 2018 Suspension and Debarment report. Mr. Wagner says “that modest decline in suspension and debarment activity over time has also been offset in part by suspension and debarment officials' increased use of alternative measures. This dual trend is interesting — I think it speaks to the overall evolution of the ...

House CFTC Reauthorization Bill Would Broaden Enforcement Reach

Laura Brookover is quoted in Bloomberg Law regarding a House bill to reauthorize the Commodity Futures Trading Commission for the first time in more than a decade. The bill would give the agency stronger legal footing to pursue fraudulent overseas trading activities. Ms. Brookover says that language would potentially give the agency broader authority over ...

IAPP: 'Sale' Under CCPA May Not Be as Scary as You Think

As the effective date of the California Consumer Privacy Act looms closer, companies are grappling with the significance of the law and its definitions. One defined term in particular, “sale,” has sparked heated debate between industry and consumer advocates, and even within the legal profession. While much has been said about this term, more needs to be said. ...

Covington Represents Central European Media Enterprises in $2.1B Acquisition

NEW YORK—Covington represented Central European Media Enterprises Ltd. in its definitive agreement to be acquired by an affiliate of PPF Group N.V. in a cash transaction valued at approximately $2.1 billion. Under the terms of the agreement, holders of all of CME’s issued and outstanding Class A common shares will receive $4.58 per share. This valuation ...

DOD's Haste May Spell Turbulent Start For Cybersecurity Plan

Susan Cassidy spoke with Law360 about the Department of Defense’s goal for its Cybersecurity Maturity Model Certification (CMMC) and its impact on join bid contractors. Ms. Cassidy says such teaming arrangements are already complicated and can take years to put together for big defense procurements. Although the DOD has said cybersecurity compliance will be ...

BigLaw Lobbying Returns Continue To Rebound In Q3

Muftiah McCartin is quoted in Law360 regarding the firm’s lobbying efforts in the third quarter of 2019. Ms. McCartin said that while it's easy to assume the impeachment inquiry into President Donald Trump might be the only focus of Congress in the short term, that's actually not the full story. She adds, “On the contrary, we expect Congress to be in for a very ...

US-UK Data Sharing Agreement Might Not Soothe Law Firms’ Cloud Concerns

Trisha Anderson spoke with Legaltech News about a bilateral data access agreement, a new mechanism of the CLOUD Act and its effect on law firms. A year after the CLOUD Act, the first data-sharing agreement is most relevant to U.K. law enforcement agencies having access to the vast data held by U.S.-based tech companies, says Ms. Anderson. She adds, “The most ...

Will China’s revised cybersecurity rules put foreign firms at risk of losing their secrets?

Yan Luo is quoted in the South China Morning Post regarding China's revised cybersecurity rules. Ms. Luo says many of the relevant cybersecurity requirements are “not that out of the global norm”, and unlikely to be a challenge for firms that already has “robust cybersecurity programmes.”

EU Cookie Ruling Tightens Leash On Ad Tech Staple

Kristof Van Quathem is quoted in Law360 regarding a European Court of Justice’s decision to increase web cookie consent measures. Mr. Van Quathem says, “It’s unfortunate that the court didn’t address that point because it’s commercially and politically a very sensitive topic, on which there is a lot of uncertainty right now, and it’s a question that could have ...

Elizabeth Warren Proposes a Big New Tax on Lobbyists. But Is It Legal?

Robert Kelner spoke with Time about Senator Elizabeth Warren’s proposed new tax on lobbying. The proposal is meant to discourage major corporations from spending more than $500,000 to lobby the government. Mr. Kelner says, “I think any plan to tax lobbying is almost certainly unconstitutional. It’s extraordinarily likely to be struck down by the Supreme Court if ...

CCPA Amendments Would Ceate Independent Enforcer

Lindsey Tonsager spoke with Global Data Review about proposed amendments to the California Consumer Privacy Act filed by Alastair Mactaggart of the Californians for Consumer Privacy. Ms. Tonsager said that given the time and resources spent on preparing staff within California’s office of the attorney general for the CCPA, she was “baffled” to see the proposal ...

Push to Disclose Foreign Agents Could Ensnare Corporate Executives

Robert Kelner is quoted in The Wall Street Journal regarding the differences between U.S. Department of Justice’s newly unveiled online filing system for foreign agents and the Foreign Agent Registration Act (FARA). Mr. Kelner says, “This is not an issue just for lobbying firms and public relations firms because FARA sweeps very broadly and applies to ...

Californian privacy law looms large for 500,000 US companies

Lindsey Tonsager is quoted in the Financial Times regarding the California Consumer Privacy Act’s effect on businesses in the state and around the world. Ms. Tonsager says, “Once the new law takes effect, the California attorney-general will overnight become one of the most powerful privacy regulators in the world.” She adds, “Companies that already had to apply ...

Nooree Lee Receives NAPABA's Best Under 40 Award

WASHINGTON—The National Asian Pacific American Bar Association (NAPABA) has recognized Nooree Lee with its Best Under 40 Award. The award recognizes talented individuals within the Asian Pacific American legal community under the age of 40 who have achieved prominence and distinction in their fields of endeavor—be it the practice of law, academia, business, ...

Trustworthiness of AI in Law Debated at International Roundtable

Lee Tiedrich recently participated in the “AI and the Rule of Law Roundtable” in Athens and spoke with Bloomberg Law about with the event, which was , focused on ensuring that AI tech works as intended—and that those who implement and operate such systems are competent to do so. Ms. Tiedrich says, “Although the Roundtable participants came from different ...

U.S. Unveils Plans to Extend Scrutiny of Foreign Investment

Mark Plotkin is quoted in Reuters regarding U.S. Treasury’s announcement that it will introduce new regulations expanding the powers of the Committee on Foreign Investment (CFIUS) to further scrutinize foreign investments involving sensitive technology, infrastructure, personal data, and real estate. Mr. Plotkin pointed out that many CFIUS watchers had ...

U.S. Outlines Plans to Scrutinize Chinese and Other Foreign Investment

Mark Plotkin spoke with The New York Times about U.S. Treasury’s announcement that it will introduce new regulations expanding the powers of the Committee on Foreign Investment (CFIUS) to further scrutinize foreign investments involving sensitive technology, infrastructure, personal data, and real estate. Mr. Plotkin said that the proposed rules were ...

US Moves to Expand Sweep of Foreign Deal Review Powers

Mark Plotkin is quoted in the Financial Times regarding U.S. Treasury’s announcement that it will introduce new regulations expanding the powers of the Committee on Foreign Investment (CFIUS) to further scrutinize foreign investments involving sensitive technology, infrastructure, personal data, and real estate. Mr. Plotkin says, “The regulations reflect ...

California Passes Final Version of CCPA, but Questions Remain

Lindsey Tonsager spoke with Global Data Review about the recently-passed California Consumer Privacy Act. Ms. Tonsager says the issues the attorney general need to clarify include what a “do not sell my personal information” link should look like on company websites, how that link should be formatted, and where it should be placed. One of the most important ...

Government Agencies Field More Cybersecurity Maturity Models

Susan Cassidy, Samantha Clark, Ryan Burnette, and Ian Brekke are mentioned in Gov Info Security regarding their blog post analyzing the CMMC draft. "The guidance offers no insight into how DOD will determine the CMMC certification level required for each contract solicitation or whether it intends to standardize a process for making such determinations across ...

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

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

China confirms drug reforms to spur innovation, ensure drug quality, ease restrictions

John Balzano is quoted in BioWorld regarding recent updates to China’s drug administration law and the establishment of marketing authorization holders (MAH). Mr. Balzano says, “This creates much-needed flexibility for research-based companies to develop products and bring them to market.” Another advantage of the MAH system is that licenses can officially be ...

What economic powers does Trump have at his disposal?

John Veroneau spoke with Marketplace about the President’s economic power and tariff law. According to Mr. Veroneau, the President could invoke Section 338 which gives the president broad authority to impose or raise tariffs if U.S. companies or interests are being discriminated against. He says that if Section 301 is used to address unfair trade practices, then ...

Trump may be able to order US firms out of China — but it will cost him politically, says business leader

Timothy Stratford spoke with CNBC about the possibility of President Trump ordering U.S. companies out of China. Mr. Stratford says, “The President could issue orders that would make it very difficult for American companies to continue to do business in China, but I think it’s not a legal question of whether he’s going to do that — it’s a political and economic ...

Has the time come for U.S. companies to leave China?

Timothy Stratford is quoted in CGTN regarding the possibility of U.S. companies leaving China over the current trade war between the two countries. Mr. Stratford says it would be a good idea if President Trump takes his time, consults his advisers, and makes sure that he thinks carefully through what he's doing. “If you try to back China's leaders into a corner ...

Brexit: What’s Next?

Francis Maude participated in a discussion with Bloomberg on the prorogation of the U.K. Parliament and its effect on Brexit. Lord Maude says, “There is nothing radical about [proroguing]. It’s also the case that Parliament always rises for recess in the second part of September…I think, actually, the judgment, that this makes a deal potentially more likely, is ...

WirtschaftsWoche Names Covington Top IT Law Firm in Germany

FRANKFURT—WirtschaftsWoche, Germany’s leading business weekly news magazine, has named Covington as the top law firm for IT law and Dr. Lars Lensdorf, a partner in Covington’s Frankfurt office, to its list of top IT lawyers in Germany. Dr. Lensdorf focuses his practice on IT law, outsourcing, digitalization and industry 4.0, IT related bank regulatory matters, ...

Jonathan Sperling Named "Top Music Lawyer" by Billboard

NEW YORK—For the second consecutive year, Billboard has named Jonathan Sperling to its annual "Top Music Lawyers" list. This annual list recognizes lawyers who are "on the front lines of the music industry's legal battles and deals." Recognized in the "Negotiation & Litigation" category, Billboard highlights Sperling's representation of over 50 record labels and ...

Former FDA lawyer: DSHEA largely 'a success'

Peter Hutt spoke with the Natural Products Insider podcast in the second part of a discussion about the FDA’s role over the decades in regulating dietary supplements and efforts to impose restrictions that were stymied time and again. Mr. Hutt says, “FDA has not done adequate enforcement against [companies that put prescription drug ingredients in dietary ...

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

WASHINGTON—Covington announced that the firm will be serving as part of an international team of lawyers representing media pioneer Maria Ressa, CEO, Cofounder and Executive Editor of Rappler, one of the leading online news platforms in the Philippines, as well as representing Rappler itself. Covington will be serving as U.S. counsel and will coordinate as ...

Exchange Rules Spark Conflict

Anne Termine spoke with The Information about the issues cryptocurrency exchange companies face with U.S. regulation. Some exchange companies have resulted to forbidding U.S. customers from using their services. Ms. Termine said that to avoid regulatory scrutiny and possible ﬁnes, crypto exchanges should make a “reasonable eﬀort” to prevent U.S. residents from ...

American business group highlights smoothly functioning commerce in HK

Timothy Stratford is quoted in CGTN regarding the Hong Kong protests’ effect on U.S. businesses. Mr. Stratford says, “It is without question that smoothly functioning Hong Kong commerce is fundamentally important to our members' business interests and an important validator of the 'One Country, Two Systems' approach, faithful implementation of this approach ...

Covington Assists CPI in its Acquisition of GD's Satellite Antenna Systems Business

WASHINGTON—Covington’s Government Contracts and Communications regulatory practices are representing Communications & Power Industries LLC (CPI) in its recently announced deal to acquire SATCOM Technologies, the antenna systems business of General Dynamics Mission Systems, Inc., a business unit of General Dynamics. SATCOM Technologies designs, manufactures and ...

Why Is the US Not Yet a Leader in Crypto Regulation? — Experts Answer

Michael Nonaka spoke with CoinTelegraph to discuss cryptocurrency regulation in the U.S. Mr. Nonaka says, "The U.S. Financial Crimes Enforcement Network issued its first guidance addressing cryptocurrency companies in 2013, and since then regulatory action for digital assets has been slow to develop but has picked up in the past few years as an increasing ...

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

WASHINGTON—The National Law Journal has named Covington partner Anne Lee a “DC Rising Star,” recognizing her as one of the “region’s 40 most promising lawyers age 40 and under.” Recently named co-chair of Covington’s Global Antitrust practice, Ms. Lee represents clients in complex commercial and antitrust litigation and has litigated cases at the trial and ...

Keeping Up with the Tech: Behind the FTC's COPPA Review

Lindsey Tonsager spoke with Legaltech News about the FTC’s public request for comment on the Children’s Online Privacy Protection Act (COPPA). Ms. Tonsager said, “Regardless of whether the FTC is looking at the rule or not, I think the common best practice is to collect only the information that you need. The data minimization helps regardless if the regulator ...

BigLaw Lobbying Picks Up In Q2 After Slow Start To Year

Muftiah McCartin is quoted in Law360 regarding the firm’s lobbying efforts in the second quarter of 2019. Ms. McCartin says, “If a budget deal is not reached this week, it will have to be reached in September to allow the completion of the annual appropriations measures. We also anticipate Congress addressing drug pricing and trade issues — two issues that ...

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

Doug Sprague spoke with The Recorder about the increase in white-collar legal work in Silicon Valley. Mr. Sprague said, “The Department of Justice as a whole is focused on actors from overseas, especially Asia, and being more specific, China.”

Demand Grows for Lawyers in Secrective World of CFIUS

Mark Plotkin is quoted in the Financial Times regarding the increasing demand for lawyers with CFIUS experience. Mr. Plotkin says, “With CFIUS it is not like you can pick up the book and know what you are doing. The law is not that complicated and it is reasonably straightforward, but there’s no body of cases.”

Covington Secures Key Victory for KBR in Iraq War Contract Dispute

WASHINGTON—Covington recently secured a significant victory on behalf of Kellogg Brown & Root Services Inc. (KBR) in a long-running contract dispute with the U.S. Army arising from the Iraq War. The U.S. Court of Appeals for the Federal Circuit unanimously affirmed a 2017 ruling by the Armed Services Board of Contract Appeals (ASBCA) that held the United States ...

Covington Represents BSA in Landmark Data Protection Case Before Europe's Highest Court

BRUSSELS—Today, a team of Covington lawyers argued before the European Court of Justice in a landmark data protection case, Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (“Schrems II”). The case has significant ramifications for any organization that relies on the standard contractual clauses (“SCCs”) to transfer personal ...

Wanted: Lawyers Who Understand AI

Lindsey Tonsager is quoted in the Wall Street Journal regarding the initiative to increase artificial intelligence legal practices. Ms. Tonsager says data is the fuel that drives artificial intelligence, but it can come with legal restrictions. Companies acquiring datasets need to be sure their contracts give them the right to use the data to train algorithms. ...

Asia's Complex Compliance Landscape

Eric Carlson spoke with Pharmaceutical Executive about the compliance challenges prevalent in the Asia-Pacific region. On the emergence of general compliance in the region, Mr. Carlson says, “When I first moved to Beijing in 2008, there were only a couple of dozen people who had compliance on their business card. It just wasn’t a job in China then. Ten years ...

Prominent Financial Services Lawyer Joining Covington

WASHINGTON—Jeremy Newell has joined Covington's Financial Services Group as a partner in Washington. Mr. Newell's arrival follows the recent addition of Karen Solomon, who joined Covington after serving as the acting Chief Counsel of the Office of the Comptroller of the Currency. Mr. Newell was formerly Executive Vice President, General Counsel & Chief ...

Despite Truce, No End in Sight for the U.S.-China Trade War

Timothy Stratford is quoted in the World Economic Forum regarding a potential trade agreement between the U.S. and China by the end of 2019. Mr. Stratford says, “The business community is very pleased that they are going back to the negotiating table … and that additional tariffs are going to be postponed for the time being. What we are most concerned about is ...

Daily Journal Names Lindsey Tonsager One of California’s Top AI Lawyers

SAN FRANCISCO—The Daily Journal has named Lindsey Tonsager to its 2019 “Top Artificial Intelligence Lawyers,” recognizing the top artificial intelligence lawyers in California. Ms. Tonsager co-chairs the firm’s Artificial Intelligence Initiative, which is a cross-functional practice advising companies developing or utilizing AI technologies. She is advising ...

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

Kevin King is quoted in Communications Daily regarding the Supreme Court’s decision in PDR Network v. Carlton & Harris Chiropractic, a case involving a company's efforts to disregard an FCC rule about junk faxes. According to Mr. King, the decision could have significant impact for the FCC and regulated companies in the subsidiary questions remanded to the 4th ...

High Court Punt Plunges TCPA Suits Into Greater Uncertainty

Kevin King spoke with Law360 about the Supreme Court’s decisions over the contours of the Telephone Consumer Protection Act. According to Mr. King, the Supreme Court dodged the main issue, the justices’ narrow approach does provide a boost to both consumers and companies by providing them with “two powerful ways to challenge FCC orders: They can argue that the ...

Anti-Money-Laundering Watchdog Calls for Stronger Cryptocurrency Regulations

Michael Nonaka is quoted in The Wall Street Journal regarding the Financial Act Task Force’s request to virtual currency firms to develop procedures for sharing customer information with other financial institutions. Mr. Nonaka says that some crypto companies have invested heavily in compliance, others have a long way to go to build the systems necessary for ...

Covington Represents Peraton in Solers Acquisition

WASHINGTON—Covington is representing Peraton in its recently announced deal to acquire Solers, Inc., a leading provider of software development and systems integration for space situational awareness, satellite ground systems and operations, cybersecurity engineering, and enterprise cloud-based solutions. Covington is handling government contracts, national ...

Companies in furious bid to prevent new China tariffs as summit looms

John Veroneau is quoted in the Washington Post regarding the President’s plan to impose tariffs on virtually all products from China and its impact on U.S. companies and customers. Mr. Veroneau says, “Companies have tried to shield customers from tariff increases, but that will no longer be possible. To the extent possible, companies are working hard to ...

States' Model Payments Law May Ease Entry For Fintechs

Karen Solomon is quoted in Law360 regarding the Conference of State Banking Supervisors’ push to knock down barriers to entry for small fintech companies. Ms. Solomon says, “CSBS, for example, has released a series of recommendations aimed at streamlining and simplifying the multiple state requirements that apply when nonbank firms conduct business across state ...

Dust has yet to settle two years after Chinas landmark cybersecurity law

Yan Luo was quoted in Technode regarding China's evolving cybersecurity framework. Ms. Luo says foreign companies operating in China are pursing compliance through tailoring their existing global cybersecurity program to fit China's regulatory environment.

Feds Send Clear Message With Flurry Of Fintech Cases

Anne Termine is quoted in Law360 regarding the SEC’s enforcement on fintech and cryptocurrency matters. Ms. Termine says, “From my perspective, having a no-fine case is a pretty big deal. And I think the SEC wanted to make pretty clear that it was a big deal that this was a self-report and that [the company was] recognizing the SEC jurisdiction, that they were ...

CFTC on lookout for foreign bribery whistleblowers

Laura Brookover is quoted in Global Investigations Review regarding the U.S. Commodity Futures Trading Commission’s recently published notice advertising its whistleblower program for “foreign corrupt practices.” Ms. Brookover says the announcement serves as a “marketing tool”. The commission’s whistleblower provisions already extended to this type of conduct ...

Expert Q&A on the EU Cybersecurity Act

Mark Young participated in a Q&A with Thomson Reuters about the EU Cybersecurity Act and its new cybersecurity certification schemes for information and communication technology products, services, and processes, especially internet of things devices. The interview also discusses how the Act supports the EU Directive on the Security of Network and Information ...

Inside The Legal Battle For The Future Of Fintech

Michael Nonaka is quoted in Law360 regarding the OCC and New York Department of Financial Services’ legal battle over how the fintech industry will be regulated. Mr. Nonaka says, “The litigation challenging the OCC's authority to issue a special purpose fintech charter certainly has delayed the process for nondepository fintech firms to apply and receive ...

FCPA Professor: Laura Brookover

Laura Brookover appeared on FCPA Professor to discuss the CFTC's recent enforcement advisory concerning violations of the Commodity Exchange Act (CEA) involving foreign corrupt practices including the background of the CFTC and the CEA; why the CFTC may have issued the advisory; what type of conduct involving foreign corrupt practices could fall under the CEA; ...

FDA Focus: What Covington's Practice Chair Is Watching

Denise Esposito spoke with Law360 about hot topics involving over-the-counter medicines, drug prices, and next-generation products that blur the line between biologics and medical devices. She also predicted that new FDA Commissioner Ned Sharpless might revert to allowing directors of the agency's centers.

Congress could run out of time to pass these bills as election season nears

Muftiah McCartin is quoted in S&P Global regarding Congress’s push to make progress on legislation before the unofficial deadline of August. Ms. McCartin says, "These issues that are really tough issues, where you have Republicans and Democrats who are really trying to find a way forward, you will begin to see that break down once we get into a contentious ...

FDA kicks off review of CBD with 140 people scheduled to testify at first public hearing Friday

Miriam Guggenheim spoke with CNBC about the increasing interest around CBD. Ms. Guggenheim says, “Interest continues to skyrocket. It is mainstream, interest is mainstream. It is not fringe anymore, which doesn’t mean mainstream companies are ready to jump in. But they want to be prepared to do so once the legal landscape is clarified.”

China takes on bribery and corruption

Eric Carlson is quoted in Commercial Dispute Resolution regarding China’s actions to take on bribery and corruption. Mr. Carlson says that alongside targeting corrupt government officials, China is increasingly targeting the bribe-givers as well. Additionally, he says that while agencies such as the NSC do not have enforcement jurisdiction over private companies ...

Covington Represents Ukraine in Securing Order for Release of Servicemen and Naval Vessels

WASHINGTON—Advised by Covington, Ukraine’s Ministry of Foreign Affairs secured a significant victory against the Russian Federation in a dispute arising under the U.N. Convention on the Law of the Sea. The International Tribunal for the Law of the Sea (“ITLOS”), a 21-judge international tribunal based in Hamburg, ordered Russia to release three Ukrainian naval ...

A Populist Win Could Dull Europe's Appetite for Free Trade

Peter Balas spoke with The New York Times about the effects of populism in Europe on free trade. Mr. Balas says, “The rightist parties will play a bigger role. The Greens will play a bigger role. It will be much more difficult in the Parliament to have a cohesive approach to trade.”

US firms in China fear 'retaliation' against Huawei curbs: AmCham

Timothy Stratford spoke with the BBC about China’s response to the U.S.’ decision to add Huawei to its “entry list.” Mr. Stratford says, "Particularly in the wake of the decision to put Huawei on the... entity list, there are concerns that the government of China may decide to retaliate against American companies. These are real concerns, and they increase the ...

More Banks Could See Activist Attention Under Fed Proposal

Randy Benjenk is quoted in Bloomberg Law regarding the Federal Reserve’s proposed rule to create room for investors to own more stock and occupy more board seats at banks. The rule could lead to an increase in stakeholder activism. According to Mr. Benjenk, the Fed can step in if an activist investor is going in a direction that regulators think poses a risk to ...

Thornberry unveils potential punishments for DoD's slow implementation of acquisition reforms

Scott Freling is quoted in Federal News Network regarding the House Armed Services Committee’s proposal to speed up the Department of Defense’s implementation of changes. Mr. Freling says, “The process for updating and refining the acquisition regulation to keep pace with Congress has slowed to a glacial pace. That causes quite a bit of consternation for ...

Trump did something unusual on the trade front: He removed a tariff

John Veroneau is quoted in The Washington Post regarding Presidential Trump’s decision to remove tariffs on industrial metals from Mexico and Canada. Mr. Veroneau says, “He thinks the government needs to be much more active in making decisions about cross-border trade flows, which is a departure from his predecessors.”

Daily Journal Names Three Covington Partners "Top Women Lawyers"

LOS ANGELES—The Daily Journal has named Robyn Polashuk, Clara Shin, and Sonya Winner to its 2019 “Top Women Lawyers,” recognizing the “top women lawyers in California.” Ms. Polashuk co-chairs the firm's Communications and Media Industry Group and serves as managing partner of the firm’s Los Angeles office. Her practice focuses on the licensing and distribution ...

States Could Take Bloom Off Growth Of CBD Supplement, Food Market

Miriam Guggenheim is quoted in HBW Insight regarding Congressional action to exclude hemp from the definition of “marijuana” in the Controlled Substances Act. Ms. Guggenheim says the change does not have a preemptive effect with states and creates confusion, even for some municipal governments. She adds, "The states have their own controlled substances laws and ...

Regulators Ready to Approve Ethereum Futures, CFTC Insider Says

Anne Termine is quoted in CoinDesk regarding the U.S. Commodity Futures Trading Commission’s willingness to let an ether futures contract go to market. Ms. Termine says, “As such, the CFTC has limited regulatory oversight over cryptocurrency spot markets, namely the ability to take enforcement action whenever there is fraud or manipulation in these spot ...

Compliance Corner: When Is An Action Exempt From FDA's Recall Reporting Requirements?

Medtech Insight included Pamela Forrest's comments from FDAnews' 16th Annual Medical Device Quality Congress about medical device recalls from a product enhancement. Ms. Forrest said the key question companies should ask themselves is whether their action makes a safe device better or improves existing safety concerns. If the action improves a device's safety, ...

Covington Boosts Global Public Policy Practice with Former Ambassador Daniel Feldman

WASHINGTON—Daniel Feldman has joined Covington’s Global Problem Solving group in Washington. A former Special Representative for Afghanistan and Pakistan at the U.S. Department of State, Ambassador Feldman was a principal advisor to Secretaries of State John Kerry and Hillary Rodham Clinton regarding Afghanistan, Pakistan, and broader South, Central, and East ...

Holder, Other Figures From World Stage Team Up at Covington

Bloomberg Law highlighted Covington's Global Problem Solving team and the efforts of the lawyers who make the capability possible. Sebastian Vos said the group doesn’t just work on problems for clients, but tries to use its resources to anticipate what problems could arise in the future and craft resolutions for them. “We help unlock a situation where a ...

United States Expands Sanctions Against Iran; Targets Cuba, Venezuela, and Nicaragua with Additional Measures

The Trump Administration has announced multiple U.S. sanctions measures over the past several weeks, further tightening the sanctions on Iran and imposing additional measures on Venezuela and its allies, Cuba and Nicaragua.

Naftogaz victory the latest blow in Russian arbitration series

Commercial Dispute Resolution mentioned Covington as legal counsel to Naftogaz, Ukraine’s state-owned oil and gas company, advising the company in its victory over the Russian government that illegally expropriated the oil company’s assets in Crimea. David Pinsky described it as “an important day” for the oil company, explaining: “Russia targeted Naftogaz’s ...

BigLaw Lobbyists See Strong Q1 Demand Under Divided Gov't

Muftiah McCartin is quoted in Law360 regarding federal lobbying efforts in the first quarter of 2019. Ms. McCartin says, “Democrats winning the House has translated into a busy quarter for our lobbying and public policy team across many different industries, including tech, defense, energy, financial services, food and drug, health care, workforce development, ...

BigLaw's Biggest Revenue Gainers And Losers In 2018

Tim Hester is quoted in Law360 regarding the firm’s success in 2018. Mr. Hester believes the firm’s success is tied to the law firm's particular strategy, which he said sets it apart from the competition. The law firm offers a combination of substantive and regulatory expertise and a mix of high-end litigation, corporate, and investigations and white collar ...

K Street boom extends under Trump, House Dems

Muftiah McCartin is quoted in The Hill regarding the firm’s lobbying and policy efforts in the first quarter of 2019. She says, “Democrats winning the House has translated into a busy quarter for our lobbying and public policy team across many different industries, including tech, defense, energy, financial services, food and drug, healthcare, workforce ...

Court ruling paves way for £14bn lawsuit against Mastercard

Louise Freeman is quoted in the Financial Times regarding a class action suit against Mastercard. Ms. Freeman said the Court of Appeal has “sent a clear signal” that the tribunal has set the bar too high in assessing whether the mass claim should proceed.

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

Louise Freeman spoke with Commercial Dispute Resolution about the Competition Appeal Tribunal class action case against Mastercard. Ms. Freeman says the Court of Appeal has sent “a clear signal that the CAT applied too high a bar in its assessment of the application for a CPO”, which will “impact the assessment of both this application when it returns to the CAT ...

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

Louise Freeman spoke with Global Competition Review regarding the class action UK Competition Appeal Tribunal case against Mastercard. Ms. Freeman said the appellate court has sent a clear signal that the CAT applied too high a bar in its assessment of the application for a collective proceedings order. She adds, this will not only affect the assessment of this ...

Robyn Polashuk Named to Los Angeles Business Journal’s “Most Influential Women Lawyers” List

LOS ANGELES—The Los Angeles Business Journal named Covington partner Robyn Polashuk to its 2019 list of “Most Influential Women Lawyers.” This is the fifth consecutive year the publication has named her to the list. Ms. Polashuk, who co-chairs the firm’s Communications and Media Industry Group and serves as managing partner of the Los Angeles office, was ...

Ralph Voltmer Named to India Business Law Journal’s "International A-list"

WASHINGTON—India Business Law Journal has named Ralph Voltmer to its “International A-list.” The list consists of the world’s top 100 India-focused lawyers at international law firms. Mr. Voltmer, chair of the firm’s India Practice, advises clients in cross-border transactions such as mergers and acquisitions, joint ventures, strategic alliances, and financings. ...

Going Over the Top

Trisha Anderson spoke with the Global Data Review about the U.S.’s encryption law and its role electronic communication. According to Ms. Anderson, authorities in the U.S. have only general legal tools to seek access to encrypted data. Some traditional U.S. investigative tools, issued through courts and codified in law enforcement procedures, contain general ...

Thornberry Considering Punishing DoD for Moving Too Slowly on New Laws

Scott Freling spoke with the Federal News Network regarding the DoD’s hesitation towards implementing acquisition reforms and possible cuts to some defense agencies. Mr. Freling says, “The process for updating and refining the acquisition regulation to keep pace with Congress has slowed to a glacial pace. That causes quite a bit of consternation for contractors ...

Top Private Equity Executive Rejoins Covington

WASHINGTON—Seasoned private equity executive David M. Marchick has rejoined Covington in its Washington office. Mr. Marchick provides strategic counsel on complex issues at the intersection of law, policy, and reputational risk. He advises clients on their most challenging and significant strategic matters that involve C-Suite decision-making, drawing upon his ...

Covington Represents Elbit in $350M Acquisition of Night Vision Business

WASHINGTON—Covington advised Elbit Systems of America, LLC, a subsidiary of Elbit Systems Ltd., in its definitive agreement with Harris Corporation for the acquisition of Harris' Night Vision business for a purchase price of $350 million. The closing of the transaction is subject to receipt of regulatory approvals. Elbit Systems Ltd. is an international high ...

Software Execs Acquittal Could Rein In Spoofing Cases

Laura Brookover spoke with Law360 regarding a recent a spoofing case involving software executive, Jitesh Thakkar, on a charge of creating a program to manipulate the commodities market. Mr. Thakkar was acquitted midtrial, but prosecutors are still moving forward with charges of aiding and abetted a U.K.-based trader’s “flash crash” spoofing scheme. Because ...

Former FDA Drug Regulatory Adviser Joins Covington in DC

Julie Dohm was featured in Law360 regarding her move to Covington. Ms. Dohm, who joined Covington in March from the FDA, says, “I was excited about trying to get into private practice. I really want to work with people that are the pillars of food and drug law, and a number of those folks are at Covington.”

Senior Commercial Litigator Joins Covington

NEW YORK—Teena Sankoorikal has joined Covington as a partner in the Commercial Litigation Practice in New York. Ms. Sankoorikal is a commercial litigator who has handled many high-profile, complex civil cases in the areas of patent, trade secret, copyright, and other intellectual property disputes, business torts, antitrust, breach of contract, and fraud. Over ...

The way US and China are negotiating is 'extraordinary': Expert

Timothy Stratford spoke with CNBC about the current trade negotiations between the U.S. and China. He says a symmetrical enforcement structure in a U.S.-China trade deal would be more palatable to Beijing. He also added that the trade negotiators need time and space to get the job done right.

The Internet of Things: Legal Issues, Policy, & Practical Strategies

Our cross-disciplinary Internet of Things initiative contributed to the ABA's first book on IoT, The Internet of Things: Legal Issues, Policy, & Practical Strategies. Laura Kim and Jennifer Johnson authored the chapter “U.S. Regulatory Framework for IoT,” with contributions from Sarah Wilson (product safety); Wade Ackerman, Elizabeth Guo, Christopher Hanson, ...

Achieving Compliance in Hiring Under U.S. Export Control and Anti-Discrimination Laws

In February 2019, the U.S. Department of Justice (“DOJ”) announced a settlement with Honda Aircraft Company LLC regarding claims that Honda Aircraft violated the Immigration and Nationality Act (“INA”) by discriminating against non-U.S. citizens in an attempt to comply with requirements of the International Traffic in Arms Regulations (“ITAR”) and the Export ...

Breaking through the boys club

Muftiah McCartin was featured in The Hill about her experience as a woman in big law lobbying. She discusses what it’s like to be the only woman in the room sometimes, and shares, “Actually, that happened last week. It does happen, and this was a big meeting. I counted up, it was 17 people at the meeting and I was the only woman. The interesting thing about ...

Employment Law Update: German Federal Employment Court Implements ECJ Requirements on Forfeiture of Vacation Entitlement

The German Federal Employment Court (Bundesarbeitsgericht) ruled on February 19, 2019 (Reference number 9 AZR 541/15) that annual vacation entitlement can only be forfeited at the end of a calendar year if the employer previously advised the employee of his/her accrued entitlement and of the deadline by which untaken vacation would be forfeited.

Former FDA Official Joins Covington

WASHINGTON—Julie Dohm has joined Covington's Food, Drug, and Device practice in Washington. Dr. Dohm focuses on regulatory matters for pharmaceutical and biotechnology clients. She has handled cases on a wide range of regulatory topics such as preemption, drug promotion, drug shortage, import-export, exclusivity, and generic drug approval standards. Prior to ...

The Transparent Business Barometer: Preparing for the End of Easy Data

Yan Luo was acknowledged as an advisory board member for the special report The Transparent Business Barometer: Preparing for the End of Easy Data, published by the Economist Intelligence Unit. The report revealed key trends in data privacy and cyber security on global businesses through the survey of hundreds of business executives across China, the U.S., ...

Sebastian Vos Named Co-Chair of Global Blockchain Business Council Working Group

BRUSSELS—Sebastian Vos, partner and co-chair of Covington’s Public Policy Practice, has been named co-chair of the Global Blockchain Business Council’s Legal and Regulatory Working Group. The Global Blockchain Business Council (GBBC) is the leading trade association for the blockchain technology ecosystem and brings together innovative organizations and thought ...

The Brexit Headaches Keeping Partners Awake At Night

Bart Van Vooren is quoted in Legal Week regarding the potential decrease in work for law firms in the UK following Brexit. He says, “A general impression is that small and medium-sized enterprises don’t have enough resources to prepare, while our clients – large worldwide pharmaceutical companies – have invested millions into this. Many have done their homework, ...

Section 232 Tariffs Survive Constitutional Challenge, But Reforms Remain Possible

On March 25, 2019, the U.S. Court of International Trade (“CIT”) denied a constitutional challenge to Section 232 of the Trade Expansion Act of 1962, thereby upholding the steel and aluminum tariffs that President Donald Trump imposed in March 2018 on the basis of national security concerns.

Covington Named “Dealmakers of the Year” by The American Lawyer

WASHINGTON—The American Lawyer has recognized Covington among its 2019 “Dealmakers of the Year.” The annual feature highlights “the lawyers behind the most significant work” in deal making, and this marks the second time the firm has received this distinction in the last three years. In March 2018, Covington helped Qualcomm, Inc. secure a U.S. Presidential ...

In a Ruling on Solar Panels, the Federal Circuit Finds that Commerce Has Broad Discretion to Interpret the Country of Origin of Imports Subject to Antidumping and Countervailing Duties

On March 12, 2019, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the U.S. Department of Commerce’s (“Commerce”) determination that solar panels assembled in China from non-Chinese cells were subject to antidumping (AD) and countervailing duties (CVD).

CFTC paves way for no-deal Brexit swaps transfers

Anne Termine is quoted in Risk regarding U.S. margin rules in the event of Brexit. To ensure continued access to the full range of services, EU-based swaps counterparties may wish to move their contracts to affiliates outside of the UK, says Ms. Termine. Swaps dealers may need to move their swaps, for example, to the EU from a UK platform because there is no ...

Paid to persuade

Sebastian Vos, Francis Maude, and Erika Mann are quoted in The Law Society Gazette regarding Covington’s expansion of public policy work in Europe. Mr. Vos says, “The firm’s USP is the sheer number of former senior diplomats in our midst, on both sides of the Atlantic, as well as in Asia and Africa.” He adds, what clients “value most is the combination of law ...

NJ Case Signals Possible Uptick in Anti-Corruption Enforcement in Construction Industry

Dan Shallman is quoted in Corporate Counsel regarding the anti-corruption risks of infrastructure projects in developing countries. Mr. Shallman says, We’ve seen an uptick in major infrastructure projects and those are generally in the developing world, which has the highest corruption risks. There’s risk around every corner in one of these projects.” The ...

EPA Proposes Fundamental Changes to Environmental Commodities Markets

Acting at the direction of President Trump, the EPA on March 12 proposed major revisions to regulations governing one of the premiere environmental commodities markets: the trading of fuel credits known as Renewable Identification Numbers (RINs) under EPA’s Renewable Fuel Standard (RFS) Program.

MPs Rule Out No-Deal Brexit Too Late For Corporate Britain

Carlo Kostka spoke with Law360 about Brexit’s effect on corporate contingency plans. Companies across the services and manufacturing industries have already invested enormous sums to prepare for the unknown, said Mr. Kostka. He added, “They have investment plans and, with some exceptions and caveats, the trigger has been pulled on many of those.”

CFTC Targets Foreign Corrupt Practices

Laura Brookover spoke with Law.com regarding Commodity Futures Trading Commission’s announcement that it will be on the lookout for bribery intended to secure business related to trading, advising, or dealing in swaps or derivatives. Ms. Brookover says, “We’ve already seen that this director is keen to work with other agencies and coordinate with other agencies ...

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

Laura Brookover is quoted in Bloomberg Law regarding the CFTC’s promise of no-penalty enforcement action on foreign bribery violations. Ms. Brookover says, “I think that may be the central challenge for the CFTC in rolling out this program: making sure the advisory reaches its intended audience.” Foreign companies who learn about the guidance will then have to ...

U.S. Department of Justice Announces Foreign Agents Registration Act Enforcement Initiative

Covington issued several client alerts in recent years warning of a rising tide of enforcement of the once-obscure Foreign Agents Registration Act of 1938 (“FARA”). Signs of this trend emerged long before the recent, high-profile Special Counsel’s Office investigation.

CFTC's Foray Into Corruption Hints At Imminent Action

Laura Brookover is quoted in Law360 regarding Commodity Futures Trading Commission’s announcement that it will begin prosecuting corruption. She says, “This is sort of an unpredictable development, but also unsurprising because I think under his leadership we’ve seen a renewed focus on policing the integrity of the markets under CFTC jurisdiction.”

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

LOS ANGELES—Ryan Weinstein has joined Covington in the firm’s Commercial Litigation practice in Los Angeles. Mr. Weinstein most recently served as an Assistant United States Attorney in the Central District of California. At the U.S. Attorney’s Office, Mr. Weinstein prosecuted and tried dozens of criminal cases, briefed and argued numerous appeals before the ...

China Launches New Product Pathways in Hainan Special Zone

On December 29, 2018, the State Council (China’s chief executive agency) opened a new pathway for drugs to come into China through a special zone in southern China. It suspended certain central regulations in the Bo Ao Lecheng International Medical Tourism Pilot Zone in Hainan Province (“Pilot Zone”) and permitted local authorities to make marketing decisions ...

US-Calif. Emission Talks Breakdown Could Spark Legal War

Gary Guzy is quoted in Law360 regarding the Administration’s negotiations with California regarding a proposal to roll back greenhouse gas emissions standards for automobiles. According to Mr. Guzy, if the EPA finalizes an emissions rule along the lines of what it proposed, legal challenges will likely target the agency’s basis for departing from the previous ...

Trump administration quits fuel efficiency talks with California

Gary Guzy spoke with the Washington Post about California’s negotiations with the Administration over vehicle fuel-efficiency standards. Mr. Guzy says, “It is tempting to see this feud as just another in a series of squabbles between the administration and California. However, the state’s independent regulatory authority to set more stringent fuel-efficiency ...

US China Trade Talks

Tim Stratford spoke with BBC World News and laid out an optimistic scenario for a trade agreement between the U.S. and China. Mr. Stratford says, “The structural issues that divide the U.S. and China are so significant that it’s hard to see an agreement really effectively dressing all of them.”

China's economy has 'a bit of everything,' says expert

In an interview with CNBC, Tim Stratford discussed trade developments between the U.S. and China. According to Mr. Stratford, China is highly advanced in some areas and underdeveloped in others. As a result, figuring out how to manage differences between the U.S. and China is a "new type of challenge" for American trade negotiators.

Will Likely See Tariff Truce Extension Says, Former Deputy USTR Veroneau

John Veroneau discussed the U.S.-China trade negotiations and what would be needed to make a deal. He speaks on Bloomberg Daybreak: Asia. Regarding a delay in U.S. imposed tariffs on China, he says, “I don’t think it’s inevitable, but I think it’s likely.”

Quantum computing and cryptography: credible threat or scaremongering?

Trisha Anderson is quoted in Global Data Review regarding developments in cryptography. Ms. Anderson says that though the report “sounds a gloomy note,” she is optimistic that cryptography will keep pace with developments in quantum computing. She adds that we have to “assume that adversaries are collecting encrypted data that they could decrypt in the future. ...

DoD tightens enforcement of cyber regulations on contractors to protect data

Susan Cassidy is quoted in Federal News Network regarding the Department of Defense’s tightening of cybersecurity enforcement regulations on contractors. Ms. Cassidy says, “DoD wants to get everyone to a certain cybersecurity level. Now they are tightening up and they are going to make it a performance and award differentiator.” She said before an award, ...

Jay Ireland Joins Covington's Africa Practice

NEW YORK— Jay Ireland has joined Covington as a senior advisor in New York. Mr. Ireland has nearly four decades of senior executive experience across a number of industry sectors, including telecommunications and media, healthcare, energy, financial services, and manufacturing. Most recently, he served as President and CEO of GE Africa, where he was responsible ...

Top Senate Armed Services Committee Counsel Joins Covington

WASHINGTON—Samantha Clark has joined Covington in its Public Policy, CFIUS, and Government Contracts practices in Washington. Ms. Clark’s arrival follows the recent additions of former U.S. Senator Jon Kyl and Broderick Johnson to the firm’s Public Policy practice. Ms. Clark provides advisory and advocacy support to clients facing policy, political, and ...

Frankfurt: Covington strengthens its new office with experienced antitrust lawyer

Juve covered the arrival of Horst Henschen as a member of the firm’s Antitrust practice in Frankfurt. Juve called Covington “a respected player in merger and antitrust investigations in both the US and Brussels” and highlighted Mr. Henschen as “well connected in the antitrust scene in Frankfurt.”

Maude: May Has No Choice but to Break Her Brexit Red-Lines

Francis Maude appeared on Bloomberg Daybreak Europe to discuss the future of Brexit after the no-confidence vote. Mr. Maude believes Theresa May will have to accept her country will remain in the European Customs Union among other concessions. He also told Daybreak Europe that Britain’s negotiations with the EU were constrained by the red-lines Theresa May will ...

Obama's MBK Chief Joins Law Firm

The Beat DC covered Broderick Johnson’s move to Covington’s Public Policy practice. Mr. Johnson shared, “With the Democratic party assuming control of the House, companies across a spectrum of industries will face new challenges advocating for their legislative agendas and responding to congressional inquiries. Covington is well positioned to represent those ...

Crypto Exchanges Left Hanging as Shutdown Sidelines CFTC

Anne Termine is quoted in Bloomberg Law regarding the Commodity Futures Trading Commission’s enforcement of cryptocurrency coming to a halt with the government shutdown. Ms. Termine says, “It’s an agency working at 10,000 feet right now.” She adds that an extended shutdown could impact the agency’s preparation for oral arguments. “In litigation, March is around ...

Covington Named One of Law360's 2018 “Firms of the Year”

WASHINGTON—Law360 has named Covington as one of its 2018 “Firms of the Year” for earning seven Practice Group of the Year awards. The Covington practices named 2018 Practice Groups of the Year are: Banking Government Contracts Insurance International Trade Product Liability Sports White Collar "We have followed a ...

Covington Snags OCC Deputy Comptroller And Chief Counsel

Law360 covered Karen Solomon’s move to Covington from The Office of the Comptroller of the Currency. Ms Solomon, who served as the OCC’s acting senior deputy comptroller and chief, counsel, told Law360 that she’s happy to be working in the private sector after an entire career spent in the government. “It seemed like the right time to try something different,” ...

U.S. government shutdown means executives face tough calls on proxies

David Martin is quoted in Reuters regarding the partial U.S. government shutdown’s effect on corporate executives’ decisions on proxies. Mr. Martin said corporate clients are already calling with questions and the pace will ramp up as deadlines loom to mail out proxies. He says, “A lot of the public companies are beginning to wonder about this and worry about ...

Climate Policy Will Be A Heavy Lift For New Calif. Gov.

Kevin Poloncarz is quoted in Law360 regarding new California governor, Gavin Newsom’s aggressive long-term plans to tackle climate change in the U.S. and California. Former Gov. Jerry Brown laid down several ambitious climate change markers for Newsom before leaving office. Mr. Poloncarz says, "Jerry Brown made climate change and clean energy a legacy issue. ...

Leading Public Policy Lawyer Joins Covington

WASHINGTON—Broderick D. Johnson has joined Covington in its Public Policy practice in Washington. Mr. Johnson is a public policy and political strategist with more than three decades of leadership at the highest levels of government and the legal profession. He provides strategic leadership advice and counsel to clients on legislative, regulatory, legal, and ...

Jon Kyl Returns to Covington

WASHINGTON—Former U.S. Senator Jon Kyl has re-joined Covington in its Public Policy practice. Senator Kyl will focus on matters of policy and strategy for the firm’s clients. “We are extremely proud of Jon’s service to the country and the people of Arizona and delighted that he has rejoined us,” said Timothy Hester, Covington’s chair. “Given his profile and ...

2019 Outlook OCC: May Need to Bend on Community Investment Metric

Michael Nonaka is quoted Bloomberg Law regarding the Office of the Comptroller of the Currency’s 2019 revamped rules for banks’ community investments. Mr. Nonaka says, “It’ll be interesting to see what the next step is in the rulemaking process, and that will reveal whether there are these differences.” He said the agencies are likely to come together on some ...

Tim Stratford Elected Chairman of AmCham China Board of Governors

BEIJING—The American Chamber of Commerce in the People's Republic of China (AmCham China) has elected Tim Stratford, managing partner of Covington’s Beijing office, as Chair of the Board of Governors for 2019. He previously served as chair from 2000-2001. Mr. Stratford practice is focused on advising international clients doing business in China and assisting ...

The Hill Recognizes Covington's Public Policy Practice

WASHINGTON—The Hill has named Covington’s Howard Berman, Holly Fechner, Muftiah McCartin, and Bill Wichterman to its annual “Top Lobbyists” list. The list recognizes the most distinguished and accomplished professionals from the influence world who are on the front lines of the nation’s most consequential political and policy battles. First elected to Congress ...

Four Covington Partners Named Law360 MVPs

WASHINGTON—Law360 has named four Covington partners as MVPs in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...

The American Lawyer Recognizes Eric Holder with Lifetime Achievement Award

WASHINGTON—The American Lawyer has recognized Covington partner Eric Holder in its 2018 “Lifetime Achiever” series, which honors lawyers who have reached the highest levels of the public and private spheres—and left an indelible mark every step of the way. The article highlights Mr. Holder’s legal career and his “desire to make America more fair and equal.” Mr. ...

Georgetown Tech Hub Hires Ex-FTC Commish, Covington Atty

Terrell McSweeny is quoted in Law360 regarding being named a distinguished fellow at Georgetown Law's Institute for Technology Law & Policy. Ms. McSweeny says, "I am thrilled to join the important discussion on technology law and policy at the Institute. As an alum, I am looking forward to contributing to the excellent work Georgetown Law School [is] doing ...

Covington Boosts Public Policy Practice with Alexis Lautenberg

BRUSSELS—Alexis Lautenberg has joined Covington’s Public Policy practice as a Senior Advisor. Ambassador Lautenberg is a long-serving Swiss diplomat whose career has been focused on European financial services and trade policy. His forty years of public service included postings as Swiss Ambassador to the EU, Italy and the UK. In 2013, he co-founded the Swiss ...

US official highlights role of encryption in hacking scheme

Trisha Anderson is quoted in Global Data Review regarding cyber and ransomware attacks. Ms. Anderson said that while the use of technologies like Tor and Bitcoin pose challenges to law enforcement by “raising the level of investigative effort and sophistication required to identify and locate cyber criminals,” the indictment in the SamSam Ransomware cyberattacks ...

DoD is dragging its feet on following the law and it could be a national security issue

Scott Freling is quoted in Federal News Network regarding the implementation of 2017 Department of Defense legislation. Mr. Freling says, “The process for updating and refining the acquisition regulation to keep pace with Congress has slowed to a glacial pace. That causes quite a bit of consternation for contractors we work with where there’s changes that ...

Fed supervision changes: winners and losers

Randy Benjenk is quoted in International Financial Law Review regarding the Federal Reserve’s recent proposals to the financial system. He says, “By narrowing the application of the advanced approaches to just the biggest banks, it could give the agencies a little bit more freedom to do things like implement Basel IV standards, because there are fewer banks to ...

Covington Helps Achieve Legislative Victory to Promote Diversity in Innovation

WASHINGTON—Covington has helped achieve a legislative victory to advance pro-innovation policies and to further study issues of underrepresentation in inventing by women, persons of color, and veterans when Congress enacted H.R. 6758, the Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act into law, which the President has now ...

Trump holds fire in trade fights with Europe and China — but for how long?

John Veroneau is quoted in the Washington Post regarding the Administration’s use of potential tariffs on imported vehicles as threats in trade negotiations. Veroneau says, “The administration may view the threat of tariffs as more potent than actually imposing them. Unlike tariffs on intermediate goods, tariffs on autos will be very visible to consumers from ...

Lauren Moxley Named to Forbes "30 Under 30"

WASHINGTON—Forbes has named Covington’s Lauren Moxley to its “30 Under 30” list for law and policy. This annual recognition honors 30 people under 30 who are “the new frontier of politicians, legal entrepreneurs and attorneys.” Ms. Moxley represents clients in privacy matters, with a focus on electronic surveillance and law enforcement access. She was part of ...

Covington Ranked Among Top Ten International Law Firms by Latinvex

NEW YORK—Latinvex has named Covington among the top ten international law firms doing work in Latin America. In addition to this honor, Latinvex has recognized Covington as the top firm for Trade, among the top five for FCPA & Fraud, as well as for Arbitration, and among the top ten for Corporate/M&A. Covington’s Latin America practice draws on a dedicated team ...

Emboldened Dems May Push Back On Trump's Trade Agenda

John Veroneau is quoted in Law360 regarding whether Democrats in the House of Representatives will support the Administration’s new U.S.-Mexico-Canada Agreement, which includes a tightening of the agreement’s automotive rules of origin and a tethering of automotive tariff benefits to a $16 minimum wage. Mr. Veroneau says, “While the agreement includes much of ...

Artificial Intelligence: Useful—But Risky, Deloitte Survey Says

Lee Tiedrich spoke with Legaltech News regarding a recent survey on the legal and regulatory risks of artificial intelligence. Ms. Tiedrich suggested clients take a global perspective when assessing what laws are relevant to a particular AI program. She notes that artificial intelligence is not limited to a single jurisdiction, and clients should seek advice on ...

State interventionism may spur policy advice work for law firms

Sergio Urias participated in the “Latin Lawyer Live 9th Annual Private Equity Conference,” where he discussed regulatory and corporate issues, and is quoted in Latin Lawyer. Commenting on FIRRMA, Mr. Urias says, “This results in the most complex investment trade and transactional environment in many years and it won’t go away.” Although he thought FIRRMA will ...

Two Covington Lawyers Named "Top Music Lawyers" by Billboard

NEW YORK—Billboard has named Jacqueline Charlesworth and Jonathan Sperling among its “2018 Top Music Lawyers.” This annual list recognizes the music industry’s leading lawyers in fields including talent representation, music publishing, streaming, and litigation. Recognized in the Music Publishing category, Billboard highlights Ms. Charlesworth’s work on ...

China 2025 Plan Remains a Stumbling Block as Trump Meeting Looms

Timothy Stratford is quoted in Bloomberg regarding the impact of the “Made in China 2025” plan on economic relations with the United States. Mr. Stratford says, “It was kind of a lightning rod that really made clear what people were concerned about. The breadth and the specificity seemed to put the last nail in the coffin."

China issues rules on e-health care delivery

Christopher Chen spoke with BioWorld MedTech regarding China’s move to regulate e-health care services. Mr. Chen says, “The rules make open channels for other e-health care collaborations. Med-tech companies and private health care companies may be able to participate in health care practice as a collaborator in an e-hospital. The promulgation of these rules ...

Compliance Hot Spots: CFIUS Changes in Focus

David Fagan is quoted in The National Law Journal regarding a CFIUS pilot program which will require short-form notices of foreign investments involving critical technology in 27 industries, including defense, telecommunications and metal production. The pilot program could bring an unprecedented number of transactions under the purview of CFIUS. Mr. Fagan ...

Court of Appeal upholds 'surprising' Morrisons data leak ruling

Daniel Cooper spoke with The Law Society Gazette regarding a UK Court of Appeal decision that could make employers vicariously liable for employees’ actions even if they had taken preventative steps and bore no criminal responsibility. Mr. Cooper said the employer should bear the enterprise risk and assume liability for the actions of its employees, as long as ...

Study reveals leniency applications have not dropped

Global Competition Review featured the results of a joint survey conducted by Covington and the Brussels School of Competition on immunity and leniency applications. The survey revealed the majority of competition experts questioned did not see a decline in leniency applications in the past five years, and more than 60 percent expect the overall success of the ...

CFIUS and China: The FIRRMA Factor

The Diplomat featured David Fagan in a Q&A regarding the effects of the Foreign Investment Risk Review Act of 2018 on U.S.-China commercial relations. Mr. Fagan noted the national security rationale of the new law, how U.S. companies should incorporate FIRRMA into their deal making, and how FIRRMA will affect U.S. companies seeking to attract foreign direct ...

Community Reinvestment Act: rework or revamp?

Michael Nonaka is quoted in International Financial Law Review regarding the potential modernization of the Community Reinvestment Act of 1977. Mr. Nonaka says, “It’s important to make sure that with new innovative technologies and people using smartphones and the internet to connect with banks, that all those services are tracked for purposes of CRA premise. ...

Rick Longton Named Thomson Reuters Foundation’s “TrustLaw Lawyer of the Year”

WASHINGTON—The Thomson Reuters Foundation has named Rick Longton its “TrustLaw Lawyer of the Year.” The award recognizes the commitment demonstrated in supporting pro bono clients over the last year on projects undertaken through TrustLaw, Thomson Reuters Foundation's global pro bono program that connects high-impact NGOs with law firms and corporate legal teams ...

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

BEIJING—China Law & Practice has named Covington “Intellectual Property Firm of the Year” and Covington partner Ruixue Ran as “Intellectual Property Lawyer of the Year.” The awards highlight innovation and excellence in the China legal market and honor top law firms, lawyers, and legal departments. Ms. Ran is one of the few China-based lawyers who focus on ...

Fintech Charter Interest Could Be Shaped By Litigation

Randy Benjenk is quoted in Law360 regarding the uncertainty surrounding how many fintech firms will apply for special-purpose charters from the OCC. Mr. Benjenk says, “The question is whether the benefits of the charter will outweigh its burdens and the risks involved. I think you’ll see some fintechs conclude that, if they’re going to be regulated like a bank, ...

Michael Nonaka Named "Cryptocurrency, Blockchain & Fintech Trailblazer"

WASHINGTON—The National Law Journal has named Covington's Michael Nonaka to its inaugural list of "Cryptocurrency, Blockchain, & Fintech Trailblazers." This list profiles 50 lawyers who have "moved the needle" and are making great strides as finance and technology grow more entwined. Mr. Nonaka is co-chair of the firm’s Financial Services Group and advises ...

Mitch Kamin Named Among Top 100 Lawyers in California

LOS ANGELES—The Daily Journal has named Covington partner Mitch Kamin among its “Top 100 Lawyers” in California. The Top 100 are selected for making a significant impact on their practice area, the legal industry or the larger society. Mr. Kamin is the co-chair of Covington’s Commercial Litigation Practice and represents global media, entertainment and other ...

Washington's FARA Frenzy Fomenting New Legal Business

Robert Kelner is quoted in The National Law Journal regarding the Justice Department’s aggressive enforcement of the Foreign Agents Registration Act and the reaction from lawyers. Mr. Kelner says, “The problem with FARA is that it’s a woefully vague statute. It’s arguably unconstitutionally vague.”

FDA Publishes Guidance on “Public Availability of Lists of Retail Consignees to Effectuate Certain Human and Animal Food Recalls”

This morning (September 26, 2018), FDA announced the availability of a draft guidance for industry and FDA staff, “Public Availability of Lists of Retail Consignees to Effectuate Certain Human and Animal Food Recalls,” that explains how and when FDA intends to publicize retail consignees that may have received recalled human or animal foods.

What California's new law on internet-connected devices means for Bay Area tech companies

Lindsey Tonsager is quoted in the San Francisco Business Times regarding California’s new cybersecurity bill regulating internet-connected devices. Ms. Tonsager believes the vagueness of the “reasonable” standard makes the law flexible. She says, “It’s really helpful that the legislation acknowledges flexibility in identifying which standards are reasonable. ...

Robert Kayihura Joins Covington’s Johannesburg Office as Senior Advisor

JOHANNESBURG — Robert Kayihura has joined Covington as a senior advisor in Johannesburg. Mr. Kayihura has nearly two decades of experience advising clients across the African continent. Drawing on his experience as an entrepreneur and advisor to large, global corporations including Microsoft and Uber, he works closely with corporate decision-makers, federal ...

Yan Luo Named to Global Data Review's “40 Under 40”

BEIJING — Global Data Review has named Covington’s Yan Luo to its inaugural “40 Under 40” list, recognizing the 40 individuals who represent the best and the brightest of the data law bar around the world. Based in the firm’s Beijing office, Ms. Luo advises clients on a broad array of regulatory matters in connection with data privacy, international trade, ...

China could be exposed in trade war as US allies choose compromise

Timothy Stratford is quoted in the South China Morning Post regarding current trade tension between the U.S. and China. Mr. Stratford points to systemic differences between the two countries as a point of contention. He says, “Now that this new round of tariffs is being imposed by both sides, the most realistic goal for our countries to focus on next would be to ...

After 'major escalation' in US-China trade war, what happens next?

Timothy Stratford is quoted on CNN regarding escalating trade tensions between the U.S. and China. Mr. Stratford says, “They don't want to add to the incentive of American companies to be looking at investing elsewhere and to source products elsewhere. "It's a very difficult policy decision on China's part to find just the right touch to do this.” He adds, "They ...

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Leading Carriers of a Major Container Shipping Alliance in Their Global Strategy

Leading FARA case

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Lindsay Goldberg's transformation of PAE

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John Lone on Opportunities in China

JP Morgan Chase

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Joint Ventures for Multiple Broadcast Clients

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Kentucky Fried Chicken (KFC) against False Advertising Claims

King Pharmaceuticals Acquisition by Pfizer

Kos Pharmaceuticals Medicare Part D coverage

Labrador Communications in Exclusive Content Distribution Agreement with Cingular Wireless

Landmark Ruling for Tennis Channel

Latin America customs clearances internal investigation

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

Lawsuit Challenging State Ethanol-Free Gasoline Requirements

Leading Food and Pharmaceutical Manufacturers on Advertising Requirements

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National Stone Association in OSHA Rulemaking Proceedings

Construction Company Regarding Potential OSHA Issues

CenturyLink's $34 billion Acquisition of Level 3 Communications

Portfolio Recovery Associates CFPB Investigation, Enforcement Action and Consent Order

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$44 Million Breach-of-Contract Recovery for KBR

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Bacardi Transaction

KKR and Texas Pacific Group Acquisition of TXU Corp.

Vivint Solar Acquisition by SunEdison

Residential Solar Division Sale to groSolar