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- Regulatory and Public Policy
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.
Telephone systems antidumping proceedings
Represented AT&T in antidumping proceedings related to telephone systems for small businesses.
Technology control plan for an aerospace company
For a U.K.-based company in the aerospace sector, we drafted a Technology Control Plan taking into account the applicable EU, Member State, and U.S. trade controls.
Supporting overseas military banking services
Provide ongoing support to a major banking contractor by challenging cost disallowances by the U.S. government that could interfere with the bank’s ability to provide critical banking services to military members stationed around the world.
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.
Smart Home Device Privacy and Security Advice
We assist IoT device manufacturers on privacy issues specific to their products. For example, we advised the manufacturer of a smart in-home assistant device on privacy and security matters involving the collection of voice and other data.
Geo-Location Counsel
We advise clients on legal requirements related to the collection, use, and disclosure of precise geo-location data, including the appropriate notices, consents (both opt-in choice and methods for withdrawing consent), and contractual provisions.
Recovery for Data Security Breaches
Our top-ranked insurance practice has successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches.
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.
CFIUS Counsel
We have a preeminent practice representing parties before the Committee on Foreign Investment in the United States (CFIUS). Our representations have included the leading transactions and most complex CFIUS reviews in the aerospace/defense, software/IT, telecommunications, energy, transportation, infrastructure, and finance sectors.
Sale of Wolfcamp Shale leasehold to Sinochem
Represented Pioneer Natural Resources in the sale of leasehold interests in Wolfcamp Shale to Sinochem.
Sale of ThreatGRID, Inc.
Represented ThreatGRID, Inc. in its sale to Cisco Systems, Inc.
Sherwin-Williams TCPA class action
Defending Sherwin-Williams in a putative class action alleging violations of the Telephone Consumer Protection Act in connection with a commercial text message program for paint contractors.
Shoe Show FACTA class action
Achieved a favorable resolution for Shoe Show in a putative class action alleging violation of the Fair and Accurate Credit Transaction Act for allegedly printing expiration dates on credit card receipts.
Significant prime-sub dispute victory
Prevailed on the appeal of a $250 million prime-sub dispute centered on a Truth in Negotiations Act issue. This was a huge victory for the client, after having lost at the trial level using different counsel.
Successfully protested $1.6 billion DoD award
When the U.S. Transportation Command issued a $1.6 billion multiple-award contract for transportation services, we protested the agency’s decision not to include our client among the awardees. After briefing and subsequent negotiations, the agency agreed to award a contract to our client.
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 defended $50 million MDA award
When the U.S. Missile Defense Agency (MDA) awarded a contract to our client for engineering and support services, a competitor protested. We successfully defeated the protest.
Successfully defended $150 million FDA award
When the U.S. Food and Drug Administration (FDA) awarded our client a $150 million contract for IT services, two competitors protested. We successfully defended the protests, getting one dismissed for lack of interested party status and the other denied on the merits.
Successfully Defended $1 Billion Coast Guard Award
When the U.S. Coast Guard awarded a contract worth more than $1 billion for the construction and delivery of naval vessels, a competitor protested, first at the Government Accountability Office (GAO) and then at the Court of Federal Claims. We defeated both protests and preserved the award.
Successfully Defended $1 Billion Award for Embassy Services
Our client’s award was challenged by three competitors. We defeated all three protests. We also persuaded the agency to override the automatic stay of contract performance, and then successfully defended the override before the U.S. Court of Federal Claims.
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.
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.
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.
Sale of satellite sports content to the U.S. Army
Negotiated the sale of satellite sports content to Army Non-appropriated Fund Activity.
Structuring subaward practices under new uniform grant requirements
Assisted a coalition of nonprofit organizations in revising internal policies and standard subagreements to account for completely revamped uniform grant requirements that impose significant new burdens on the subaward process.
Steel products antidumping investigation
Represented Procter & Gamble in antidumping investigation related to diffusion-annealed, nickel-plated flat-rolled steel products.
Statoil’s acquisition of Brigham Exploration
Represented Statoil in its acquisition of Brigham Exploration.
JD.Com in Investment in and Joint Venture with ZestFinance, Inc.
Representation of JD.com in connection with its investment in and joint venture with ZestFinance, Inc.
Innovative New Product for Global Communications Firm
Advising a global network that enables institutions to send and receive information about financial transactions on an innovative new communications technology platform.
Strategic Alliance and Outsourcing
Representation of a company in the fintech sector in a complex strategic alliance and outsourcing transaction to create an innovative post-financial trade processing and technology service for large banks in Europe and Asia.
Public Capital Raising by Fintech Issuer
Representation of Cenkos Securities, plc as nominated adviser, broker and bookrunner in relation to an IPO on AIM and two follow-on offerings by FAIRFX GROUP plc, an international payment services provider.
Prosper in Acquisition of American Healthcare Lending
Representation of Prosper Marketplace, Inc. in its acquisition of a healthcare lending platform, American Healthcare Lending, LLC, and merger with Prosper’s wholly owned subsidiary, Prosper Healthcare Lending, LLC.
New EU Legislation for the Fintech Sector
Advising a number of firms on the provisions of the new Payment Services Directive 2 and how to implement the changes.
Prosper in Acquisition of BillGuard
Representation of Prosper in its acquisition of BillGuard, a personal finance analytics company.
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.
Pursuing Recovery for the Largest Documented Data Security Breaches
We have successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches.
Data Breach Response and Compliance
We have counseled clients on all aspects of data breach response globally, including incidents involving more than 100,000 impacted employees, payment card incidents involving millions of consumers, and breaches of other personal information impacting more than 50 million consumers.
Legg Mason Investment in Precidian Investments LLC
Representation of Legg Mason, Inc. in its investment in Precidian Investments LLC, a leader in the creation of innovative financial technology products, specializing in exchange-traded fund and mutual fund development, and associated trading and pricing technologies.
FTC reviews of advertising practices in the alcoholic beverage industry
Representing trade associations and individual companies in connection with the FTC’s periodic reviews of advertising practices in the alcoholic beverage industry.
Financing of foreign military sales
Assisted in the structuring of multi-billion dollar bank facilities to finance the manufacture and delivery of major defense systems to foreign governments under Foreign Military Sales (FMS) contracts.
Financing of a cleared contractor
Advised a publicly-traded investment company on government contracts and national industrial security matters related to a debt financing arrangement involving a contractor with significant classified operations.
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.
Trade remedy investigations
Represented the largest U.S. sugar importer in an antidumping and countervailing duty investigation.
Trade controls due diligence in M&A transaction
Conducted a due diligence review of International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), economic sanctions, and anti-boycott compliance in connection with the acquisition of a U.S. defense subcontractor by a foreign buyer.
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.
Think tank internal review
We represented a think tank in an internal review of its foreign government funding in the context of suggestions that its activities may have implications under the Foreign Agents Registration Act.
Textile and apparel producer CITA petition
Represented a coalition of U.S. and foreign textile and apparel producers in the CITA safeguards petition process related to imports of Chinese textile and apparel products to the United States.
Temasek Holdings acquisitions
Represented Temasek Holdings in various matters, including its investment in Merrill Lynch.
China regulatory and compliance
Conducting a compliance risk assessment of the China operations of a global auto parts company, including overseeing forensic transaction review, and interviews of more than 60 employees at facilities in mainland China and Taiwan.
China regulatory and compliance
Conducting internal investigation on behalf of a multinational pharmaceutical company into whistleblower allegations of corruption at its Chinese subsidiary.
China pharma bribery investigation
Representation of a major pharmaceutical company in its response to a Chinese government commercial bribery investigation in China.
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.
China Online Drug Information Regulation
Advise multinational company on regulation of online information on drugs, devices, and food products in China.
China media and entertainment
Providing legal advice to a subsidiary of Legendary Pictures as China production counsel for “Great Wall,” to be directed by Zhang Yimou and possibly the largest budget picture ever to be produced in China.
China media and entertainment
Advising major Hollywood studios on film projects in China.
China life sciences transactional
Advising a leading multinational pharmaceutical company on the acquisition of diabetes drug assets in China and the transfer of related employees from a multinational drug company.
China life sciences transactional
Representing a leading U.S. pharmaceutical company to set up a joint venture in China with a Chinese biotech company to research, develop and commercialize a late-stage clinical product for the Asia market.
China licensing and joint venture
Advising a U.S. biotech company on its sino-foreign joint venture with a Chinese life sciences company to focus on RNAi-based drug discovery, and related license agreement.
China licensing and collaboration
Advising a leading multinational pharmaceutical company on its agreement with a Nasdaq-listed drug manufacturer to develop and market its linaclotide capsule in China.
China Investment Corporations Acquisition of Interest in AES Corporation
Represent China Investment Corporation in successfully obtaining orders from FERC and the New York PSC approving its acquisition of a 15% interest in AES Corporation.
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.
China Filmed Entertainment in Production, Financing, and Distribution Arrangements
China Filmed Entertainment in production, financing, and distribution arrangements for films including The Painted Veil, Forbidden Kingdom, and Crazy Stone; and Season 15 of CBS/Mark Burnett’s Survivor (shot entirely in China).
China Device Regulatory and Clinical Trial Advice
Advise large device company on regulatory requirements for clinical trials of medical devices in China.
China Biopharmaceutical Regulatory and Legal Strategy
Counseling leading multinational biopharmaceutical company in doing business in China, including setting and executing on the regulatory and legal strategies for engaging in drug R&D, manufacturing, and sales and marketing.
China Medical Device Acquisition Due Diligence
Conducting due diligence on China device regulatory matters for a large multinational device company’s acquisition of a large Chinese device company.
CSC Sugar trade remedy investigations
Represented CSC Sugar LLC in antidumping and countervailing duty investigations.
ExxonMobil Algal-Based Biofuels Matters
Represent ExxonMobil on algal-based biofuels matters, including its Synthetic Genomics collaboration.
Expedia Antitrust Class Actions
Represented Expedia in multiple national antitrust class actions relating to hotel bookings.
Expedia and Its Affiliates on Privacy and Data Security Matters
Advised Expedia (and affiliates Hotels.com, Hotwire, and TripAdvisor) on a variety of privacy and data security matters, including e-mail marketing, targeted advertising, fraud prevention, and changes to online privacy policies.
Expatriate dismissal in Asia
Advised a NYSE-listed corporation in relation to a Singaporean/UK expatriate dismissal.
Executive hire for FTSE-listed company
Assisted with employment and variable compensation aspects of the hire of a European CEO for a FTSE-listed company.
Exceptions Under RCRA
Advise fertilizer manufacture on the scope of various exceptions under RCRA, including for recycling and reuse of material in a closed-loop process.
European product liability legislation
We have worked with coalitions of consumer product manufacturers on product liability and product safety legislation in the EU, France, Finland, Germany, The Netherlands, Spain, Sweden, Switzerland, and the United Kingdom.
European data privacy
Represent an ad hoc consortium of U.S. and European pharmaceutical and medical device companies concerned about data privacy issues in Europe, including the Eastern European Member States such as Hungary, Poland, and the Czech Republic.
EU trade retaliation avoidance
We have designed and executed campaigns on behalf of U.S. producers seeking to avoid EU trade retaliation measures.
EU Regulation of Cosmetics Testing on Animals
Advise U.S. cosmetics manufacturers on EU legislation governing animal testing and other issues.
EU investigation regarding abusive search related conduct
Representation of Microsoft, Expedia, and Trip Advisor in the U.S. and Europe in connection with investigations regarding Google’s abusive search-related conduct.
EU Emissions Trading System and Emissions Allowances Allocation
A major international energy company in relation to the EU emissions trading system and allocation of emissions allowances.
EU competition policy advice
We have assisted on the government affairs aspects of various EU competition law issues, including individual cases, proceedings to adopt Article 82 guidelines and sector and cartel investigations.
EU Commission container liner shipping investigation
We represent a major European carrier in the European Commission’s container liner shipping investigation into alleged collusion/abuse of dominance.
Facebook Transactions
Representation of Facebook, Inc. in many transactions, including its $22 billion acquisition of WhatsApp, $2 billion acquisition of Oculus, and $1 billion acquisition of Instagram.
Gas Marketing and Trading Business Issues
UBS on FERC issues relating to its gas marketing and trading business.
Firm Transmission Service Successful Complaint
Southern Montana G&T Cooperative in a successful complaint at FERC involving firm transmission service, and on a range of disputes involving interconnection and transmission issues.
FIFA Requirements for Treated Hospital Garments
Advise client as to FIFRA requirements that apply to hospital garments treated with antimicrobial substances.
Federal and state political law advice to Fortune 100 company
Advising a multinational heavy equipment manufacturer on a range of federal and state campaign finance, lobbying disclosure, and government ethics matters.
Federal and state election law compliance
Advise a major national Super PAC, as well as its allied social welfare organization, concerning a wide range of federal and state election law compliance issues.
FDCA Amendments Legislation
Representation of industry stakeholders in negotiations and legislative process leading to every major amendment to the FDCA since its enactment in 1938.
FCC v. Fox Television Stations, Inc.
Covington successfully represented CBS and NBC Television Affiliates in this case involving the FCC’s policy on broadcast of "fleeting expletives." The Supreme Court held that the agency’s policy violated the Due Process Clause, an argument emphasized in Covington’s brief for the television stations.
Favorable Settlement with New York State's Department of Environmental Conservation
Negotiate favorable settlement with New York State’s Department of Environmental Conservation in connection with claimed violation of New York’s e-recycling law.
FEC investigation of prominent hedge fund manager
Obtained the dismissal of an FEC complaint against a prominent hedge fund manager.
Entertainment and Media Start-Up Companies in China
Advise start-ups such as producers of original Web content and digital music services.
Development of Electronic Waste Take-Back Requirements
Provide advice to a Japan based company on developing electronic waste take-back requirements in Argentina and other South American countries.
Developing a corporate responsibility program
We assisted a pharmaceutical company on assessing which NGOs they should consider working with in Kenya to implement a corporate responsibility program aimed at improving public health.
Department of Energy Negotiation
BASF in its negotiation of a Department Energy grant to construct a cathode materials production plant that supplies manufacturers of advanced lithium-ion batteries.
Demonstration Project for Tidal Energy Turbines Supplier
Advising a supplier of tidal energy turbines on a demonstration project in the United States.
Demand Response FERC Matters for Comverge
Comverge, Inc. a demand response provider and technology company, in FERC matters on regulations pertaining to demand response, including measurement and verification issues, and, in particular, proceedings involving demand response in the PJM Interconnection.
Defining Pesticide and Identifying Cleaning Claims
Advise client regarding definition of a pesticide and what types of cleaning claims may be made without products being determined to be a pesticide.
Defense of Lawsuits Raising Environmental Challenges
All the major domestic oil and gas trade associations in defending multiple ongoing district court and court of appeals lawsuits raising environmental challenges to continued exploration and development in the Gulf of Mexico and elsewhere.
Defending whistleblower claims
Defended claims threatened against a technology company in the US and the UK, involving alleged SOX whistleblower protections and unlawful detriment claims.
Defending automotive executives in criminal investigations
Defending senior executives in auto parts-related investigations.
Defended airline executive in criminal investigations
Represented executives of various airlines in investigations in the air cargo and passenger industries in several jurisdictions.
European Employment Considerations
Co-ordinated U.S., Dutch and German tax, employment, immigration and benefits advice in relation to a U.S. listing of a Dutch company and relocation of senior managers.
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.
EU telecom coalition advice
We have served as secretariat to several informal coalitions working on telecommunications issues and intellectual property protection.
EU legislative advice for software companies
We have represented software companies on EU and national legislation concerning software standards, copyright infringement, electronic commerce, data protection, and other issues.
EU environmental reform advice
We assisted an environmental services company seeking to reform various aspects of the EU’s Emissions Trading System.
EU Directives on Waste Electrical and Electronic Equipment
Provide legal advice to several large electronic manufacturers on the requirements of the EU Directives on waste electrical and electronic equipment, and restrictions on the use of hazardous substances in electrical and electronic equipment and their national implementation.
EU Commission defense of Microsoft's Skype acquisition
Represented Microsoft in connection with Cisco’s appeal against the European Commission’s decision to approve Microsoft’s acquisition of Skype.
EU and UK Biofuels Rules Advice
Provide regulatory due diligence advice to an investment fund regarding the EU and UK rules on biofuels in connection with a potential acquisition of a biomass manufacturer.
ExxonMobil Transactions
Representation of ExxonMobil Corporation in numerous transactions, including its $41 billion acquisition of XTO Energy Inc., the largest transaction in the history of the natural gas industry.
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.
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.
Financial Benchmarks Antitrust Class Actions
Represented a global bank in class actions involving antitrust, commodities fraud, and RICO claims relating to alleged manipulation of financial benchmarks, including the London Interbank Offering Rate (LIBOR), foreign currency exchange benchmarks, and ISDAFIX®
FIFRA Applicability to Advanced Surfaces
Advise client regarding applicability of FIFRA to advanced surfaces with photocatalytic properties.
FIFRA and FTC Regulation of Hand Sanitizing Wipes
Advise manufacturer regarding regulation of hand sanitizing wipes that may also be used to clean surfaces under FIFRA and FTC rules, including requirements for consumer preference claims.
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).
FEC investigation
On behalf of one of the world’s largest banks, obtained a dismissal of an FEC investigation concerning alleged campaign finance violations.
FDA Food Labeling Comments
Prepared influential comments to FDA on behalf of major food trade association clients regarding front-of-pack (FOP) labeling and potential changes to the Nutrition Facts panel.
Fax Business Coalition Advocating FCC to Amend Rules
Representation of a coalition of 600 companies and trade associations advocating the FCC to amend its rules to enable business to use faxes to contact their customers. When Congress adopted a law allowing those faxes, we represented the coalition before Congress on implementing this law.
Favorable settlement for Raycom Media
Represented Raycom Media in obtaining a favorable settlement of a lawsuit brought against the City of Cleveland when the mayor issued a formal edict barring all city officials from speaking with WOIO-TV, a Raycom-owned CBS affiliate, after the station aired a documentary critical of the mayor.
False Claims Act litigation and appellate defense
Successful defense of Pfizer in both the district court and the court of appeals on a series of claims by a relator concerning Genotropin.
California Electricity Crisis FERC Refund Proceedings
SDG&E in extensive ongoing FERC refund proceedings arising from the California electricity crisis of 2000-2001.
EPA Regulation of Nanotechnology Containing Antimicrobial Pesticides
Advice regarding potential EPA regulation of nanotechnology containing antimicrobial pesticides.
Development of Technical Substantiation Supporting Product Claims
Developed technical substantiation to support product claims made in labeling, promotions and advertising, and in the defense of substantiation in the litigation context.
Development and Guidance of Advertising Policies
Advised on advertising policies, including with respect to privacy laws, including the Children’s Online Privacy Protection Act, and developed advertising policies.
Defamation Laws in Bosnia
Drafted new defamation laws for Bosnia.
Deepwater Horizon Litigation
Represent BP in the Penalty Phase of the Deepwater Horizon litigation, including at trial.
Deceptive Marketing and Consumer Protection Defense
Defense of beverage marketer against allegations of deceptive marketing under the District of Columbia Consumer Protection Procedures Act.
Data privacy compliance program
Devised a data privacy compliance program relating to international HR data processed by a US-headquartered multinational.
Cyrte Investments on Investment in Co-production with Chinese Studio
Advised private equity firm Cyrte Investments on a major investment in a co-production with a Chinese studio.
Digital Music Antitrust Class Action
Represented Bertelsmann, Inc. in multi-district antitrust class action litigation alleging price-fixing and other violations of antitrust laws with respect to digital music.
Dismissal of a high-profile negligence action
Represented Universal Studios in obtaining the dismissal of a high-profile negligence action brought by a Maury Show guest in New York state court.
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.
Engaging U.S. officials to advocate for clients before multilateral organizations
When the U.N. Special Rapporteur on Human Rights issued a report criticizing the effect of strong copyright protection, we secured a forceful response from the U.S. government and helped ensure that no action was taken on the report by the U.N. Human Rights Council.
Enforcing arbitration awards
A Korean infrastructure company has asked us for assistance in recovering a substantial arbitral award in Mexico, which the Mexican government is challenging.
Employment Class Action
Representation of UBS Financial Services in an employment discrimination class action brought on behalf of minority financial advisers.
Employment aspects of global joint venture
Advised a Japanese technology client on the international employment, pensions and incentives aspects arising on the formation of a joint venture with operations in the US, Asia and Europe.
Employment aspects of acquisition for luxury brand
Advised Giorgio Armani S.p.A. on employment and benefits aspects of the acquisition of its retail and wholesale UK business from Club 21.
Employment advice to AstraZeneca in major acquisition
Provided international employment law advice to AstraZeneca in relation to its acquisition of Bristol-Myers Squibb’s interests in the companies’ global diabetes alliance across 40 jurisdictions.
Employee data breach support
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.
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.
Electronic Arts in Acquisition of 19.9% Stake in Ubisoft Entertainment
Electronic Arts in its acquisition of a 19.9% stake in French game company Ubisoft Entertainment, in a transaction requiring the participation of multiple Covington offices on various corporate, antitrust and international issues.
Environmental Impact Analysis and Permitting in California Desert
BrightSource Energy on environmental impact analysis and permitting of its Ivanpah project in the California desert.
E-Recycling Facility Regulations
Advise client regarding environmental regulations that may apply to an e-recycling facility.
Drayson Wireless Formation
Drayson Racing Technologies, a leading developer of electric racing vehicles, in connection with the formation of Drayson Wireless, a new entity created in collaboration with Imperial Innovations to commercialize wireless energy technology developed at Imperial College, London.
Drafting of Pension Protection Act 2006
Drafted and advanced legislation that became the Pension Protection Act of 2006. Since passage of the Act, we have been leading discussions with the US Treasury and the US IRS to resolve significant issues affecting hybrid pension plans and sponsors of those plans.
Documentation and Species Mitigation for Solar Facility Siting
Negotiated with U.S. Department of Interior and California Energy Commission relative to environmental documentation, including NEPA, and species mitigation for siting of solar facility.
Economic Cities Authority of the Kingdom of Saudi Arabia project
Representing the Economic Cities Authority of the Kingdom of Saudi Arabia in the development of legal and regulatory infrastructure for the Kingdom’s Economic Cities project.
Cadmium Restrictions Advice
Provide regulatory and strategic advocacy advice to a large fertilizer manufacturer on the EU consideration of restrictions on cadmium in fertilizer.
Bush, et al. v. Deere & Company (C.D. Ill.)
Tried and won a class action lawsuit alleging “pattern or practice” discrimination on the basis of age in connection with a corporate reduction in force.
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.
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.
Thomson Reuters Digital Image Processing Portfolio
Represented Thomson Reuters in the prosecution of patent applications directed to digital image processing and financial software technologies.
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.
Successfully Defended $160 Million Navy Award
Successfully defended a major maritime services corporation’s $160 million federal contract to modify and operate a vessel on behalf of the Navy against protests litigated to a decision on the merits at both the U.S. Government Accountability Office (GAO) and the Court of Federal Claims.
Successfully Represented a Construction Company in a Federal Highway Administration Debarment Proceeding
Represented a large Puerto Rican construction company and its principal in suspension and debarment proceedings before the U.S. Department of Transportation Federal Highway Administration, resulting in a decision of no debarment.
Successfully Represented a Defense Contractor in Proposed U.S. Army Debarment
On behalf of a defense manufacturer in response to proposed debarment by the U.S. Army, conducted an internal company investigation and prepared the company’s formal response, resulting in the Army’s termination of the proposed action.
Debarment Advice for a Potential Investor
Advised a potential investor about likelihood of adverse debarment action resulting from alleged misconduct by target company’s employees.
Electronic Arts in its Acquisition of 19.9% Stake in Ubisoft Entertainment
Representation of Electronic Arts in its acquisition of a 19.9% stake in French game company Ubisoft Entertainment, in a transaction requiring the participation of multiple Covington offices on various corporate, antitrust and international issues.
Chemtrade Logistics Inc. Merger Review Clearance
Representation of Chemtrade Logistics Inc. in obtaining merger review clearance for its $860 million acquisition of General Chemical Corp.
Ameron International Antitrust Clearance
Represented oilfield services company Ameron International in obtaining antitrust clearance for its acquisition by National Oilwell Varco.
Joy Global Transactions
Advised Joy Global in connection with several transactions, including its acquisition of LeTourneau Technologies from Rowan Companies and its sale of LeTourneau’s drilling systems and offshore products businesses to Cameron International.
China National Tire & Rubber Co. Transactions
Representation of China National Tire & Rubber Co., in its $7.7 billion acquisition of Pirelli.
Communications and Media Joint Ventures
Counseling for joint ventures for a variety of clients in media and communications, including cable channel ventures, joint ventures for video programming and content, and satellite, wireless, and broadcast joint ventures.
Newport Television Transactions
Advised Newport Television LLC in connection with the sale of broadcast television stations to Sinclair Broadcasting, Nexstar Broadcasting, and Cox Media Group.
Altice Transactions
Representation of Altice N.V., in its $18 billion acquisition of Cablevision Systems Corp. and its $9.1 billion acquisition of Suddenlink.
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.
Qualcomm/CSR Transaction
Representation of Qualcomm in connection with its acquisition of CSR plc, with filings in China, Germany, Japan, Korea and Taiwan.
Sanofi/Verily Life Sciences Transaction
Representation of Sanofi in connection with obtaining clearances from the European Commission and in China, Korea, Switzerland, Taiwan, Turkey and Ukraine for its collaboration with Google Life Sciences, Inc., now Verily, relating to diabetes management products and services.
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).
Expedia/Orbitz Transaction
Secured a significant victory for Expedia (and consumers) in its $1.3 billion acquisition of Orbitz. The DOJ closed its “second request” investigation without taking any enforcement action.
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.
Fujitsu Ex Parte Reexamination Proceeding
Representation of Fujitsu Limited as patent owner in an ex parte reexamination proceeding for a patent related to card type input/output interface devices. The U.S. Patent and Trademark Office issued a Reexamination Certificate confirming the patentability of claims at issue in a concurrent litigation.
Coordination of Patent Office and PTAB Strategy
For a pharmaceutical company with two patents covering a commercial product under challenge in inter partes review proceedings, we developed the strategy that resulted in the accelerated grant of four additional U.S. patents each eligible for listing in the Orange Book.
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.
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.
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.
$200 million recovered for utility companies
Represented a number of utility companies in obtaining more than $200 million in environmental and toxic tort settlements.
$2 billion Los Angeles Clippers Acquisition
Represented Steve Ballmer in his $2 billion acquisition of the Los Angeles Clippers from The Sterling Family Trust.
$150 million recovered for railroad clients
Represented railroad clients in obtaining more than $150 million through scores of settlements for FELA, environmental, and employment practice claims.
WSFS Bank in Strategic Investment and partnership with ZenBanx
WSFS Bank in its strategic investment and partnership with ZenBanx Holdings, which offers a mobile, multi-currency account that will allow consumers to hold balances denominated in up to five currencies in a single account.
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.
Prosper in Six Rounds of Funding
Representation of Prosper Marketplace in its last six rounds of financing, including its most recent $165M Series D financing.
Solar Integrated Technologies Acquisition by Energy Conversion Devices
Energy Conversion Devices, Inc. in its acquisition of Solar Integrated Technologies, Inc., an AIM-listed leading provider of building integrated photovoltaic roofing systems.
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.
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.
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.
Won Lawsuit Challenging GSA Debarment of Tech Entrepreneur
Successfully litigated a challenge to the debarment of a technology entrepreneur by the General Services Administration, resulting in a published 43-page opinion setting aside the debarment on the basis of due process violations.
Verscend’s Aquisition of a GDIT Business
Represented Verscend Technologies as regulatory counsel in its acquisition of General Dynamics IT’s commercial health insurance payer-focused products. We handled government contracts matters for Verscend.
Vencore and KeyPoint’s Combination with the U.S. Public Sector Business of DXC
Representing government contractors Vencore and KeyPoint Government Solutions and their private equity owner Veritas Capital as government contracts counsel in a deal that will combine Vencore and KeyPoint with the U.S. Public Sector business of DXC Technology.
Snow Phipps’ Creation of Acentia
Represented private equity firm Snow Phipps during its creation of IT services contractor Acentia, starting with the acquisition of ITSolutions and following with the add-ons of NetStar-1 and 2020 Company. We handled all aspects of these transactions.
Veritas Capital’s Acquisition of Peraton
Represented private equity firm Veritas Capital as regulatory counsel during its $690 million acquisition of Harris Corporation’s government IT services business, now known as Peraton. We handled government contracts and national security matters for Veritas Capital.
Senate Finance Committee investigation
We represented a major biotechnology company in a congressional investigation by the Senate Finance Committee concerning the price of its breakthrough drug.
Senate Armed Services Committee hearing
We represented a major federal contractor in an oversight hearing conducted by the Senate Armed Services Committee concerning the contractor’s activities supporting overseas military operations.
Second Largest Airline in South Korea in U.S. Government Investigation of 2014 Accident
Representing the second largest airline in South Korea in connection with the U.S. government’s yearlong investigation of the 2014 accident at San Francisco International Airport.
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.
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.
Sanctions investigation of financial services firm
Assisted financial services client in investigation of potential sanctions compliance issues in UK affiliate; represented client before UK Financial Conduct Authority (the matter was ultimately resolved with the authorities taking no enforcement action).
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.
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.
“Rare Earths” WTO dispute
Advised a sovereign state and other stakeholders regarding a WTO dispute with respect to China’s restrictions on the export of commodities and “rare earth” minerals.
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.
Coalition of Internet Leaders on Enactment of Net Neutrality Legislation
Working for the enactment of meaningful net neutrality legislation on behalf of a coalition of Internet leaders, including eBay, Google, InterActiveCorp, Microsoft and Yahoo!.
Canadian Satellite Radio in $100 million Bond Offering
Representation of Canadian Satellite Radio Holdings, Inc. in a $100 million bond offering.
Tribune Company $2.73 Billion Acquisition of Local TV Holdings
Served as communications regulatory counsel to Tribune Company in its $2.73 billion acquisition of Local TV Holdings, LLC.
Export Controls Compliance Advice
We represented vehicle manufacturers in assessing export controls requirements applicable to vehicle engine monitoring and diagnostic tools. We also represented a consumer goods company in evaluating the export controls and economic sanctions requirements applicable to supply-chain sensors used in packaging.
Sanctions and Antiboycott Advice
We regularly advise companies across sectors on complying with U.S. and EU economic sanctions and U.S. antiboycott measures, which can be relevant to a range of international transactions.
State Super PAC
Advise state Super PACs in multiple states on campaign finance and tax-exempt organizations law issues.
State pay-to-play investigation
We successfully represented a political candidate in one of the first and highest-profile pay-to-play law investigations in the country.
SolarCity antidumping and countervailing investigations
Represented SolarCity Corporation in solar cells and modules antidumping and countervailing duty investigations.
Singapore Telecommunications Limited’s acquisition of Trustwave Holdings, Inc.
Represented Singtel in its $810 million acquisition of Trustwave Holdings, Inc.
Structuring an OTA arrangement
Advising a Fortune 50 company during the negotiation of an Other Transactions agreement with an Intelligence Community customer.
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.
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.
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.
Privatization of municipal assets
Represented the trustee for the City of Harrisburg, Pennsylvania as part out the workout of its debt crisis to monetize and transfer certain city assets to the private sector to help satisfy the city’s debt obligations.
Privacy training for employees
Prepared extensive privacy training materials and participated in training sessions for employees of European subsidiaries of a U.S.-based company.
Privacy-related issues in connection with an acquisition
Drafted privacy-related provisions for use in data processing and outsourcing arrangements and advised on state and tort-based employee privacy laws in connection with a proposed acquisition.
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.
Privacy and security provisions in contracts
Advised major airline in relation to data ownership, privacy and security provisions in sales and distribution agreements with online travel agencies and global distribution systems.
Post-acquisition Compliance Review for Pharmaceutical Company
Conducted a post-acquisition trade compliance review for a global pharmaceutical company that included a voluntary disclosure to the U.S. Commerce Department. We also provided related Iran sanctions advice.
Political tax advice to potential presidential candidate
We advised a potential Presidential candidate on the pros and cons of forming one or more tax-exempt entities to promote public policy objectives in the run-up to the election.
Political tax advice to nationally-recognized charitable organization
We advised the board of trustees of a nationally recognized charitable organization with respect to the possible effects on the organization’s tax-exemption of the perceived candidacy of the organization’s president in a federal election.
Political tax advice to advocacy organization
Providing political law and tax advice to a highly publicized bi-partisan advocacy campaign. Covington devised a unique organizational structure to help accommodate the group’s political goals.
Policies surrounding pre-hire background checks
Advised a major sports league on the procedures for conducting pre-hire background checks under the Fair Credit Reporting Act (FCRA) and state law, and drafted appropriate contract language and consent forms accordingly.
Personal care product classification
Advised a Fortune 50 company with respect to the proper classification of personal care products.
Pay-to-play analyses for major pharma company
Conducted a detailed analysis of pay-to-play issues for a major pharmaceutical company and have obtained favorable advisory opinions from state regulators for a variety of our corporate clients.
Protection of employee personal information
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.
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.
Prysmian S.p.A.’s acquisition of Draka Holdings
Represented Prysmian S.p.A. in its acquisition of Draka Holdings.
Rafael Advanced Defense Systems’ matters
Represented Rafael Advanced Defense Systems on various matters, including in its acquisition of the remaining membership interests in Cubic Advanced Technical Systems.
SABIC’s acquisition of GE Plastics business
We represented both companies in SABIC’s acquisition of the GE Plastics business.
Rules of Origin
Provided foreign-origin and “Made in USA” marking advice to manufacturers in the life sciences, automotive, machine tooling, and consumer electronic industries.
Rolls-Royce acquisition of R.O.V. Technologies, Inc.
Represented Rolls-Royce in the acquisition of R.O.V. Technologies, Inc. by Rolls-Royce’s technical services subsidiary, R. Brooks Associates.
Rio Tinto and Intalco Aluminum Corporation in Superfund Matters
Representation of Rio Tinto and Intalco Aluminum Corporation in litigation and negotiations concerning Superfund remediation and natural resource damages at various mine sites in the U.S. and Canada, including Holden Mine, Blackbird Mine and Britannia Mine.
Reviewing and amending Binding Corporate Rules
Reviewing and amending BCRs for a Swiss-based pharmaceutical company with the French data protection authority acting as the lead authority.
Retailer criminal investigation and Section 592 proceeding
Represented a major retailer in a criminal investigation and Section 592 penalty proceeding with respect to the posting of antidumping cash deposits.
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.
Responding to Large Cyber-based Financial Crimes
We have handled multiple large cyber-based financial crimes, including, among others, assisting in the response to one of the largest criminal organization ATM cash drawdowns in U.S. history.
Responding to Government Surveillance Inquiries
We have a leading practice advising Internet companies and cloud service providers on responding to legal demands seeking access to customer data or network surveillance, served by governments around the world.
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.
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.
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.
Representation of KKR on various investments
Represent Kohlberg Kravis & Roberts (KKR) on various matters involving potential foreign investor partners.
Resolved FTC investigations into advertising practices and marketing investigations
Successful resolution of numerous other FTC advertising practices and marketing investigations.
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 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.
Investors in the Old ITFS and MMDS Spectrums
Represented investors in the old ITFS and MMDS spectrums have turned to us for advise on new spectrum strategies, regulatory reform, and deal work.
Group of Secured Lenders in Restructuring FairPoint Communications
Representation of a group of secured lenders as principal outside regulatory counsel in the restructuring of FairPoint Communications.
Global Software and Technology Company in Telecommunications Regulatory Matters
Representation of one of the world’s largest global software and technology companies in a range of communications regulatory issues affecting its business.
Foreign Satellite Manufacturer on Corporate and Securities Law
Representation of a foreign satellite manufacturer on general corporate and securities law issues regarding its activities with a U.S. company developing a new satellite-based communications service.
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.
European Parliament and Council Regulatory and Advocacy Advice
Regulatory and advocacy advice to a biofuels company on legislative developments relating to the EU Renewable Energies Directive in the European Parliament and Council.
Disney in $7 Billion Acquisition of Infoseek Corporation
Representation of the Walt Disney Company in its $7 billion acquisition of Infoseek Corporation.
Development and Coordination of Anti-Piracy Strategies throughout Europe for Software Providers
Devised and coordinated anti-piracy strategies throughout Europe (including Russia and markets in Eastern Europe) to enforce the IPRs of leading software providers.
Cook Inlet and Others in Spectrum Auctions Process
Represented Cook Inlet and others in the spectrum auctions process.
Major Media Company on Telecommunication Matters
Representation of a major media company on all telecom matters relevant to its commencement and continuity of operations as a Mobile Virtual Network Operator (i.e., a reseller of wireless service) in the U.S. market.
Major Publishers in United States and Europe on Cross-Border Libel Matters
Representation of major publishers in the United States and Europe on cross-border libel matters relating to Internet publication.
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.
Qwest Communications International Inc. in Multiple Transactions
Representation of Qwest Communications International Inc. in a number of strategic transactions and proposed transactions, including its merger with CenturyLink (as local counsel in the District of Columbia and Maryland).
Qualcomm in Numerous European Acquisitions and Investments
Representation of Qualcomm in numerous European acquisitions and investments including its $200 million joint venture and private equity investment with Omnia, a subsidiary of Saudi Oger, to create a UK-based company to deploy CDMA-based technology.
Pulitzer-Prize Winning Author Ron Suskind on His War on Terror Investigative Work
Representation of Pulitzer-prize winning author Ron Suskind in connection with his investigative work on the war on terror and in particular, with his most recent bestselling work, The One Percent Doctrine.
PanAmSat, Hughes Network Systems, and Intelsat on Conducting Due Diligence Reviews
Assisted various financial and strategic investors in conducting due diligence reviews of PanAmSat, Hughes Network Systems, and Intelsat in connection with the sale of such companies.
Ontario Teachers Pension Fund, Providence Equity Partners and Madison Dearborn Partners in $33B Acquisition
Representation of Ontario Teachers Pension Fund, Providence Equity Partners and Madison Dearborn Partners in their $33 billion acquisition of BCE, Inc., the parent of Bell Canada.
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.
NFL in Negotiations for Digital Downloads
Representation of the National Football League in negotiations for digital downloads of NFL content and a wide range of other new media deals with Yahoo!, iTunes and others.
Coalition of Nearly 100 Broadcast Television Stations in Challenging Broadcast Indecency Fine
Challenging the largest broadcast indecency fine ever proposed by the FCC as lead counsel for a coalition of nearly 100 broadcast television stations.
NextWave and Others in Spectrum Strategies and Opportunities
Represented NextWave, other applicants and licensees, and numerous investors in connection with new spectrum ideas, purchases, auctions and new technologies in the 700 MHz, 800 MHz, and 2 GHz spectrum.
New Skies on Multiple Matters
For New Skies, a spin-off of Intelsat, we have provided FCC advice and also have handled arbitration, litigation, export control and intellectual property projects.
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.
National Press Photographers Association in Protection of Journalists' Rights
Protecting the rights of journalists to gather news in the New York and New Jersey transit systems, on behalf of the National Press Photographers Association.
National Geographic Society in Creation of Channel
Representation of National Geographic Society in the creation of the National Geographic Channel with News Corp. and NBC.
NAB Before the U.S. Supreme Court
Representation of the National Association of Broadcasters before the U.S. Supreme Court in the Schwarzenegger case, which concerns the First Amendment validity of state-imposed limitations on violent video games.
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.
Mobile Satellite Ventures (MSV) in Corporate Matters
Representation of Mobile Satellite Ventures (MSV), an L-band MSS provider that has an authorization for a next generation service using ancillary terrestrial components (ATC), in corporate and transactional matters, including equity and debt financing.
Microsoft in Negotiating Reseller Agreements for Interactive Voice Recognition Cloud Services
Representation of Microsoft in negotiating reseller agreements for interactive voice recognition cloud services between Microsoft subsidiary Tellme and various partners, initially Juma Technology Company and its subsidiary Nectar Services Corp.
Microsoft in License Negotiations for Xbox 360
Representation of Microsoft in negotiating licenses for IP related digital output and copy protection technology for the Xbox 360 console.
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.
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.
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.
Independent Investigation for Choate Rosemary Hall
Conducted an independent investigation of historic adult sexual misconduct for Choate Rosemary Hall school. Covington’s report was released to the media and covered extensively.
Investigation into Sexual Misconduct for Prestigious Private School
Represented a prestigious all-girls private school in an investigation focused on sexual misconduct that was the subject of significant press.
Gas Pipeline Explosion Lead Counsel
Lead counsel for Apache Corporation in insurance coverage arbitration and litigation proceedings relating to the explosion of a gas pipeline in Western Australia.
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.
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.
PCI DSS Standards
Advised online retailers regarding compliance with the Payment Card Industry standards for the storage, processing, and transmission of credit cardholder data.
Pay to play analyses
Conducted a detailed analysis of pay-to-play issues for a major pharmaceutical company and have obtained favorable advisory opinions from state regulators for a variety of our corporate clients.
ICC Arbitration Regarding Alleged Breach of First Refusal Rights Under a JOA
A French E&P company in an ICC arbitration with a Swedish independent arising out of the alleged breach of first refusal rights under a JOA.
Hydroelectric Project Development in Congo
Advising African Power Corporation on development of a hydroelectric project in the Republic of Congo.
Hydroelectric Facilities Potential Acquisition
An independent power producer on potential acquisition of hydroelectric facilities.
Hurricane Katrina insurance recoveries
Representing a national hotel company in litigation over coverage for property damage and business income losses caused by Hurricane Katrina.
Hudson River Transmission Cable Installation
PSEG in structuring a project which would interconnect to Manhattan a 555 MW generating unit in New Jersey by means of a transmission cable to be installed under the Hudson River and advising on complex FERC open access, tariff, and other transmission issues.
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.
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.
Holden Mine CERCLA Site
Advise Rio Tinto in connection with the Holden mine CERCLA site in Washington state, including commenting on proposed ROD and advising on various aspects of the ongoing cleanup.
Hire of a European CEO for a FTSE-listed company
Assisted with employment and variable compensation aspects of the hire of a European CEO for a FTSE-listed company.
HIPAA training
On behalf of a major consumer products company, developed a HIPAA training module for the company’s health plan.
HIPAA compliance
Advised major corporations on HIPAA compliance issues relating to their employer health plans.
HIPAA Breach Notification Requirements
Advised employer health plans on HIPAA breach notification requirements relating to breaches of protected health information held by the plans.
ICSID Arbitration Against Republic of Ecuador
Co-lead counsel to Occidental Petroleum in an ICSID arbitration against the Republic of Ecuador arising out of the wrongful termination of a production-sharing agreement that resulted in the largest ICSID and investment treaty award to date.
ICSID Arbitration Proceedings Involving Expropriation of Investments in Venezuela
Representing subsidiaries of an international oil company in pending ICSID arbitration proceedings involving expropriation of investments in Venezuela, resulting in a tribunal award of compensation exceeding U.S. $2 billion in value.
Implementation of Habitat Conservation Plan for Endangered Shorebirds
Representation of First Wind in advising and consulting with federal and state agencies on implementation of a Habitat Conservation Plan for endangered shorebirds on Maui, Hawaii.
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.
Interchange Fee Antitrust Class Actions
Represented Bank of America in nationwide class actions challenging interchange fees paid on ATM and credit card transactions.
Insurance Claims Related to Fires at Kahuku Wind Farm
Representation of First Wind Holdings with regard to insurance claims arising out of fires that occurred at its Kahuku Wind farm, Oahu, in 2011 and 2012. Coverage issues include property damage, business interruption, and potential environmental liability issues.
Inquam Limited in Acquisition of Telemobil S.A.
Inquam Limited in its acquisition of Telemobil S.A., the Romanian wireless telecommunications operator, and on Telemobil’s subsequent vendor financing facility with Lucent Technologies.
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.
Initial Public Offering and Capital Raises for Indian Wind Energy Project
Advise Indian Energy Limited relating to a wind energy project in India on its initial public offering on AIM and other capital raises pre- and post-IPO.
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.
Advice on the application of the CFTC's core principles for trading platforms
Advise a derivatives trading platform on the application of the CFTC’s core principles for swap execution facilities and designated contract markets.
Adobe on Media-Related Project
Advise U.S. software company, Adobe, on a media-related project in China.
Advertising of “Functional Foods”
Advised on the advertising of “functional foods” -- foods and dietary supplements with particular health benefits and organic foods.
Acquisitions and Sales of Pharmaceutical Manufacturing Facilities
Advise multiple pharmaceutical manufacturers and developers regarding acquisitions and sales of manufacturing facilities.
Acquisition of Cubic Advanced Technical Systems
Represented Rafael Advanced Defense Systems in its acquisition of the remaining membership interests in Cubic Advanced Technical Systems.
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.
Abu Dhabi National Energy Company's energy investments
Represented Abu Dhabi National Energy Company (TAQA) in its acquisitions of a 50 percent interest in a wind farm from EDF and of a tolling arrangement in the electric power industry.
Advise a coalition of foreign currency intermediaries
Advise a coalition of foreign currency intermediaries regarding the CFTC’s external business conduct regulations in the context of foreign currency prime brokerage arrangements, including a successful request for no-action relief to the CFTC.
Abbot Laboratories - AbbVie de-merger
Advising Abbott Laboratories in relation to all privacy aspects of its global de-merger, involving the division of the company into a research-based business, AbbVie.
Amendment on housing legislation
We represented two major financial trade associations in drafting and presenting to Congress amendments to proposed legislation to revamp the housing finance system.
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.
Alleged Clean Water Act Violations in Puerto Rico
Represent Puerto Rico Aqueduct and Sewer Authority in parallel civil and criminal enforcement proceedings for alleged Clean Water Act violations.
Advocacy support for a major Defense Department procurement
We advised a major U.S. defense company in advocacy efforts before Congress in support of a major weapon acquisition system valued at $50 billion.
Advise U.S. investment bank with international offices on the regulatory treatment of derivatives
Advise a U.S. investment bank with international offices on the regulatory treatment of derivatives, including the CFTC’s guidance on the cross-border application of Dodd-Frank and the related structure of the investment bank’s operations.
Gas Utility Controversy with El Paso Natural Gas Company
A large gas utility in a controversy with El Paso Natural Gas Company concerning rights of contract termination and Rights of First Refusal.
PCPC Outside Counsel
Serve as principal outside counsel to the Personal Care Products Council, attending Council meetings, preparing draft legislation and Congressional testimony, assisting in regulatory litigation, advising on all aspects of FDA regulation, and providing advice on a wide variety of trade association matters.
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.
PBS in Negotiations and Administrative Proceedings
Advise Public Broadcasting Service in negotiations and administrative proceedings relating to the distribution of statutory copyright royalties by the United States Copyright Office.
PBS in False Advertising Claims Matters
Representation of Public Broadcasting Service (PBS) in a trial of false advertising claims brought by PBS challenging a video marketer’s use of the phrase “public television presents” in the Eastern District of Virginia.
Partnerships and Licensing Relationships for Cellulosic Ethanol in Brazil
Assist Raízen Energía S/A with various strategic partnerships and licensing relationships connected with the development of technologies and construction of facilities for the production of cellulosic ethanol in Brazil.
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.
Indoor Air Quality Rulemakings
Represent a national association of property owners in the OSHA rulemakings about indoor air quality.
Indian Point Reactors License Renewal
Entergy in connection with the license renewal for the Indian Point reactors.
India Bank Project Financing
ICICI Bank Limited, India’s second largest bank, and Standard Chartered Bank, India’s largest international bank, as joint lead arrangers for an aggregate of $925 million in project financings supporting power plant and port expansion projects being undertaken by two affiliates of Reliance Industries.
In re TFT-LCD Antitrust Litigation
Represent Samsung in consolidated antitrust price-fixing and deceptive practice class actions involving liquid crystal displays. Won dismissal of claims valued at more than $3.5 billion, brought by Motorola Mobility against Samsung Electronics and several other manufacturers, shortly before trial.
In re Schering Plough Corporation ERISA Litig., 589 F.3d 585 (3d Cir. 2009)
We secured the reversal of a class certification order in a “stock drop” lawsuit claiming breaches of fiduciary duty in the administration of a company retirement savings plan.
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.
ING Insurance International in Sale of Mortgage Business in Mexico
Advising ING Insurance International on the sale of its mortgage business in Mexico, ING Hipotecaria, to the Mexican banking subsidiary of Banco Santander, Spain’s largest bank, for approximately $50 million.
In re High-Tech Employee Antitrust Litigation
Representing Pixar in multi-defendant federal antitrust class action litigation alleging an unlawful agreement among certain Silicon Valley firms to limit their recruiting of each other’s employees.
Healthcare business corporate structure and governance
Advice to a major pharmaceutical in establishing a healthcare business in the UK, including strategic advice on corporate structure and governance issues and compliance with Vare Quality Commission standards.
Freight Fuel Price-Fixing Litigation
Represented Union Pacific Railroad Company in multidistrict litigation alleging price-fixing of freight fuel surcharges.
Freddie Mac FEC enforcement action
Represented Freddie Mac in the largest-ever FEC enforcement action against a corporation, and negotiated a global FEC settlement on behalf of the corporation and its former officers, which resulted in no penalties for individual Freddie Mac officers and executives.
Freddie Mac in connection with the establishment of the US government conservatorship
Representing Freddie Mac in connection with the establishment of the U.S. government conservatorship over the company during the financial crisis in 2008.
Foreign banking organizations in the restructuring of their U.S. operations
Representing several foreign banking organizations in the restructuring of their U.S. operations, including in the establishment of intermediate holding companies, mergers and acquisitions and regulatory filings associated with these corporate transactions.
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.
Food Safety and Health Benefits Claims Advocacy and Implementation
Helped influence the development of the FDA Food Safety Modernization Act (FSMA) to minimize unnecessary and costly burdens on industry, and represent clients with respect to food safety laws, health benefits claims, and compliance matters.
Food Contamination Litigation
Successfully warded off potential California Proposition 65 lawsuits regarding 4-MEI in sodas and lead in juices, and successfully represented companies in litigation regarding lead in chocolate and mercury in tuna.
Food and Cosmetics Labeling Class Actions
Represented numerous food and cosmetics companies in responding to demand letters and class actions under the California Consumer Legal Remedies Act and Unfair Competition Law arising out of alleged false and misleading statements on labels and marketing materials.
Global privacy compliance programs
Designed a compact worldwide privacy compliance program for a U.S. multinational company.
Global Privacy Audit for Leading Consumer Electronics and Technology Companies
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.
Global policies and procedures
Advising Microsoft on a broad range of privacy and data security issues impacting its services in Europe and at a global level.
Global health privacy advice
Advised pharmaceutical companies in the United States and Europe on data privacy issues, including questions relating to genetic testing programs and the development of genomics databases, the sourcing and handling of human tissue and biological samples for research purposes, patient outreach, and marketing activities.
Global compliance
Serving as global privacy and data security counsel to a global e-commerce business, including advising on financial services privacy and information security-related aspects of certain mobile payments and mobile wallet services and international data transfers
Global compliance advice for new products
Advising a large social network on compliance with U.S., EU and international data privacy laws in relation to its launch of new services and functionality, including geotargeting, facial recognition and targeted advertising.
GHL Acquisition Corp. in Acquisition of Iridium Holdings LLC
GHL Acquisition Corp., a special purpose acquisition company sponsored by Greenhill & Co., Inc., in its acquisition of Iridium Holdings LLC, the leading mobile satellite services provider.
Genetic diagnostics strategic alliance
Illumina in a strategic alliance with Genomics England for a four-year project to decode 100,000 human genomes.
General representation of financial institutions
On an ongoing basis, we provide government relations advice to several large and mid-size financial institutions.
General Data Protection Regulation (GDPR)
Advising numerous clients on the possible implications of the proposed General Data Protection Regulation (GDPR).
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.
FSMA Advocacy
On behalf of a major food trade association, helped influence the development of the FDA Food Safety Modernization Act (FSMA) to minimize unnecessary and costly burdens on industry.
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).
Global Warming Class Action
Represented American Petroleum Institute in Comer, putative class action alleging industrial activities contributed to global warming, causing a rise in sea levels and adding to the ferocity of Hurricane Katrina, and thereby causing property damage to plaintiffs.
PAC compliance and training programs
For several large corporations, we developed and conducted federal PAC compliance and training programs, and have provided government ethics training to senior executives and company lobbyists.
Oxycontin Litigation
Representation of Purdue Pharma in class action litigation in multiple states alleging violations of consumer protection laws in the marketing of OxyContin.
Ovonic Battery IP and Litigation Matters Related to Joint Venture with Chevron
Ovonic Battery Company in intellectual property and litigation matters pertaining to Cobasys, a joint venture with Chevron to develop, license, and manufacture NiMH batteries for transportation and stationary storage applications.
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 renewable energy coalition
We advised coalition of renewable energy project developers, venture capital firms, and investment banks on low-cost financing of clean energy. Drafted testimony, legislation, white papers and helped build coalition on and off the Hill to advance the issue.
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.
Production Counsel for Keanu Reeves’s Directorial Debut, "Man of Tai Chi"
Production counsel for Keanu Reeves’s directorial debut, "Man of Tai Chi," a co-production involving Village Roadshow Entertainment Group Asia and China Film Group, which was picked up for release by Universal.
Procter & Gamble Advisory Opinion
The FEC found the members of the Board of Directors could contribute to the company’s PAC via deductions from quarterly payments.
Privacy, Libel, and Related Liability Issues
Advised on privacy, libel and related liability issues relating to user-generated content.
Privacy issues related to patent data migration
Assisted another large pharmaceutical company in dealing with privacy issues resulting from the migration of patient data from a clinical study to a web based platform.
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.
“Price Trigger” Conditions Congressional Hearing Representation
An oil and gas company and its executive in connection with congressional hearing to examine absence of “price trigger” conditions on royalty relief for deepwater OCS leases.
Prescription drug user privacy litigation
Advised a large pharmaceutical company in connection with litigation involving the alleged infringement of patient privacy by a pharmacy chain that collects personal information about prescription drug users.
Position Paper Concerning Potential Amendments
Assist the client in preparation of a position paper concerning potential amendments to anti-circumvention provisions of Section 1201 of the Digital Millennium Copyright Act and in preparation of comments to the Copyright Office on proposed exemptions to Section 1201.
Political Advertising Issues for Multiple Clients
Advised on the full-range of political advertising issues, with clients ranging from candidates to political parties, to broadcast stations.
Policy and Security Issues for Nuclear Energy Institute
Nuclear Energy Institute in connection with policy-related and security-related issues.
NFL in Multiple Federal Court Cases
Representation of the National Football League in multiple federal court cases to enjoin the unauthorized retransmission and public performance of NFL game telecasts across U.S. borders via satellite and the Internet and within U.S. borders where games are locally blacked-out, or otherwise unauthorized.
NFL in Copyright Registration and Combatting Unauthorized Retransmission
Assist the National Football League in registering copyright and combatting the unauthorized retransmission and public performance of NFL game telecasts over the internet.
NFL in Antitrust Challenge to Trademark Licensing Arrangements
Defending NFL in class action and direct antitrust challenges to its trademark licensing arrangements (American Needle v. NFL and Dang v. NFL).
NFL in $18 Billion Eight-Year Programming Agreements
The National Football League in negotiating its $18 billion eight-year programming agreements with ABC, CBS and Fox Television, its interactive media rights/online cross-promotion and marketing agreement with AOL, CBS and Sportsline.com, and its international content distribution deal with Yahoo!
Newsgathering Issues Tied to Undercover Documentary Filmed in Europe and Africa
Advised on news gathering issues in relation to an undercover documentary being filmed in Europe and Africa.
NEPA Statutory Exemptions
Advise client on various categories and types of statutory exemptions from NEPA.
NHL on $5 Billion Canadian Broadcast Rights Deal
Advised the National Hockey League in negotiating its twelve-year, C$5.2 billion agreement with Rogers Communications for national broadcast and multimedia rights to NHL games, including the Stanley Cup Playoffs and the Stanley Cup Final, in Canada.
OptiSolar Sale to First Solar
OptiSolar Inc. in the sale its project development business to First Solar, Inc. in an all-stock transaction valued at approximately $400 million.
Online Lenders Alliance in CFPB Rulemaking
Representation of leading industry trade association of online lenders in responding to CFPB small dollar rulemaking.
GMP Consent Decree Negotiations
Representation of companies and individuals in negotiation of GMP consent decrees involving drugs, biologics, devices, and blood products, including significant consent decree matters for Schering Plough, Genzyme and one of the largest manufacturers of OTC drugs in the U.S.
Health privacy to pharma companies in China
Advised a multinational biopharmaceutical company operating in China on privacy and property ownership issues related to the collection and sharing of biological samples in clinical trials.
Health privacy litigation
Advised a large pharmaceutical company in connection with litigation involving the alleged infringement of patient privacy by a pharmacy chain that collects personal information about prescription drug users.
Health IT, LDT Regulatory Advocacy
Advocacy before Congress, FDA, and other federal agencies with respect to emerging regulatory policies on health information technology, research use products, and laboratory developed tests.
Health Benefit Claims Investigation
Defense of beverage manufacturer in FTC investigation of substantiation for health benefit claims in advertising.
Health Benefit Claim Substantiation Defense
Successfully defended the substantiation for health benefit claims made by a food manufacturer facing a challenge before the NAD.
Hazard Communication Standard Applicability to Animal Vaccines
Advise client regarding application of the Hazard Communication Standard to animal vaccines.
Hatch-Waxman settlement investigation and class action
AstraZeneca in an FTC investigation and private antitrust class action litigation concerning settlements of Hatch-Waxman patent litigation involving Nexium.
Harley-Davidson global employee code of conduct
Drafted and implemented a global code of conduct and policies for Harley-Davidson addressing privacy, harassment, discrimination, the use of electronic communications and anti-corruption.
HaloIPT Acquisition by Qualcomm
HaloIPT, a leading provider of wireless charging technology for electric road vehicles, in the acquisition of all its technology and assets by Qualcomm Incorporated.
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.
Guidance on Advertising and Sponsorship Arrangements
Counseled leading health care information, product and disease-oriented websites on advertising and sponsorship arrangements.
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.
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.
Government of Puerto Rico
We assisted the Government of Puerto Rico during debate on the Patient Protection and Affordable Care Act (ACA) in its efforts to secure parity in federal funding of its Medicaid program.
Government Contractor Acquisition
Advise government contractor regarding acquisition of another government contract with significant environmental-related contracts.
Government affairs compliance review
Advising a self-regulatory body on its government affairs activities, including advising on the tax treatment of these activities.
Government affairs compliance review
On behalf of one of the largest manufacturing companies in the world, conducted a government affairs compliance review and made recommendations concerning political law compliance practice.
GMU Litigation, C.A. No. 1:09cv752 (E.D. Va. 2010)
Secured summary judgment for George Mason School of Law against sexual harassment and other discrimination claims by law school professor.
International assignment for U.S. bank
Advised a New York-headquartered investment bank on an international assignment from the UK to China.
International Dairy Foods Association against Class Action
Representation of International Dairy Foods Association against a class action in Virginia state court alleging deceptive marketing of the potential weight-loss benefits of consuming milk.
Mexico-Based Multi-System Cable Operator in Joint Venture
Representation of a Mexico-based multi-system cable operator in a joint venture with a Mexico-based local and long-distance telecom company.
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.
Merck Merger with Schering-Plough
Representation of Merck in its $41 billion merger with Schering-Plough.
Medicare Part D coverage for pharma product
We assisted a pharmaceutical company in obtaining Medicare Part D coverage for its previously excluded product, using an integrated regulatory and legislative strategy.
Medical student placement litigation
We represented an alliance of medical colleges to affirm the validity of the medical student placement program that had been under attack in litigation and, after a successful legislative initiative, won dismissal of the lawsuit.
Medical device company legislative support
We assisted a medical device company in its efforts to secure Medicare pass-through coverage of its innovative diagnostic device.
Medicaid coverage for dropped products
Assisted several pharmaceutical manufacturers in reinstating Medicaid coverage for products dropped from the program by the Centers for Medicare & Medicaid Services (CMS).
PAC audit for multinational aerospace company
We conducted a PAC compliance audit and staff training for a global aerospace and defense company.
Owens Corning asbestos-related insurance recoveries
Represented Owens Corning in eight Wellington Agreement arbitral or ADR proceedings, two federal court cases, and one state court lawsuit against numerous insurers seeking coverage for asbestos non-products claims.
Outside Counsel to Independent Producer of Chinese Reality Television Shows
Chief outside counsel to a leading independent producer of Chinese reality television shows, including "Pepsi’s Battle of the Bands" and the "Miss Universe China Reignwood Pageant."
Policy advice to COMPETE coalition
Advising COMPETE, a broad coalition whose members include Exelon, Sempra, TXU, Goldman Sachs, Wal-Mart, and National Grid on energy legislative, policy, and regulatory matters.
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.
Promotional Materials SOPs and Guidelines
Assist medical device manufacturer with drafting of standard operating procedures (SOPs) and guidelines for the creation, review, and use of promotional materials.
Production Counsel for “The Karate Kid,” “Let the Bullets Fly,” and “The Orphan of Zhao”
Production counsel for “The Karate Kid” (Columbia Pictures, starring Jaden Smith and Jackie Chan), box office hit “Let the Bullets Fly” (actor-director Jiang Wen), and leading Chinese filmmaker Chen Kaige’s “The Orphan of Zhao.”
Procter & Gamble Consumer Product Class Actions
Represented The Procter & Gamble Corporation in California, New York, Florida, and Minnesota class actions challenging the labelling of a wipes product as flushable.
Private Equity Firms and Other Financial Investors in Broadcast Interests
Representation of private equity firms and other financial investors in connection with their broadcast media interests.
Privacy issues relating to clinical trials
Assisted several large pharmaceutical companies with a variety of privacy issues relating to clinical trials, further use of data and pharmacovigilance reporting.
Privacy audit
Advised numerous clients regarding the privacy implications of conducting an informal internal audit of certain foreign business practices at the request of the U.S. Securities and Exchange Commission.
Prescription Labelling Class Action
Represented Eli Lilly in a consumer fraud class action alleging that the labelling for one of its prescription medicines was inadequate and misleading.
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.
Potential Tort Liability and Mitigation Options for International Organization
Advise international organization regarding potential tort liability and mitigation options relating to preparation of a manual with information about labeling requirements.
Polymer Regulation Under TSCA
Advise manufacturer regarding regulations of polymers under TSCA.
Policy support for alternative energy projects
We assisted companies seeking support for alternative energy projects in the American Recovery and Reinvestment Act of 2009 (the Stimulus) and advised on carbon trading provisions in climate change legislation, including preparing amendments to both bills.
Privacy Class Actions
Represented media companies in class actions alleging improper collection and/or disclosure of user information.
Outbound Investment
Advising Lenovo in securing approval from the Committee on Foreign Investment in the United States on its U.S. $2.3 billion acquisition of IBM's server business.
NFL Licensing Antitrust Class Action
Represented the National Football league in a class action challenging the League’s licensing arrangements for the use of team marks and logos on apparel.
NFL in Purported Class Action Antitrust Suit
Represented the NFL in securing the dismissal of class action claims brought by retired players alleging a conspiracy to restrain a market for the sale of their images and likenesses.
NFL in Dismissal of Antitrust Complaint
Won dismissal of a class action antitrust complaint alleging conspiracy to restrain market for “likenesses” of former NFL football players (Washington v. National Football League).
NFL in copyright infringement action
Represented the National Football League in a copyright infringement action against a satellite carrier, successfully obtaining statutory damages and a permanent injunction prohibiting satellite retransmission of game telecasts originating in the United States to locations outside the United States.
NFL in Antitrust Challenge to NFL “Sunday Ticket” Broadcast Arrangements
Defending NFL in multi-district class action antitrust challenges to its broadcast distribution arrangements for out-of-market games (In re Sunday Ticket Antitrust Litigation).
NFL in $17 Billion, 8-Year U.S. Programming Agreements
Representation of the National Football League in its $17 billion, 8-year U.S. network television programming agreements and in its agreements with AOL, SportsLine.com and others for the joint production of the official NFL websites.
New Source Review Permit Application and Successful Defense
Assist petroleum refiner with applying for and obtaining a New Source Review permit for a refinery expansion; successfully defend the permit in an administrative appeal.
New Animal Health Business Development
Assist client in designing, planning, and establishing a significant new animal health business.
NEPA and ESA Challenge Under Tightened Review Procedures
Represent American Petroleum Institute relative to first challenge with NEPA and ESA to exploration plan approval under tightened review procedures established after Deepwater Horizon oil spill.
Negotiate Settlement of Enforcement Matters
Advise two construction companies regarding successful settlement of OSHA citations in employee death cases.
Organic Photovoltaics Patent Infringement Litigation
Plextronics in patent infringement litigation with Konarka relating to organic photovoltaics.
Open Mobile Video Coalition to Facilitation and Promotion of Opportunities for 800 Television Stations
Representation of Open Mobile Video Coalition, consisting of some 800 television stations, which seeks to facilitate and promote mobile and portable video opportunities for broadcasters, equipment manufacturers and content suppliers.
Off-shore Wind Farm Permitting Process Advice
Provide advice to NRG Bluewater Wind concerning permitting process by federal agencies for off-shore wind farm off the coast of Delaware.
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.
Market entry
Assisting a major U.S. tech company with an entrance into China, including providing a comprehensive analysis of privacy and data protection issues in connection with that entry.
LTV Steel environmental recoveries
Represented LTV Steel in obtaining more than $40 million in recoveries for environmental liabilities from numerous settlements.
Lobbying disclosure advice to Fortune 50 company
Advising a multinational heavy equipment manufacturer on a range of federal and state campaign finance, lobbying disclosure, and government ethics matters.
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.
National counsel to Microsoft on cyber-related claims
Serving as national product liability counsel to Microsoft in preparation for the defense of claims involving virus and worm attacks or potential cyber-terrorism involving our client's array of software products.
Multi jurisdictional export controls advice
Advising a major multinational aerospace company regarding the application of European export controls to its operations at multiple sites across 10 countries.
Mubadala Development Company investments
Represent Mubadala Development Company and its portfolio companies, such as the semiconductor company GLOBALFOUNDRIES, on CFIUS and related advice in connection with potential acquisitions in the United States, including the company’s investment in Advanced Micro Devices.
Million Dollar Recovery in Insurance Claim
An oil refinery in a significant business interruption insurance claim that resulted in a multi-hundred million dollar recovery for the insured.
Microsoft, Verizon, AAA, and Others in UDRP Domain Name Proceedings
Representation of numerous clients, including Microsoft, Verizon, New Skies Satellites, LIN Television, American Automobile Association and Ourisman Dodge in UDRP domain name proceedings.
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.
Microsoft Nokia employee integration
Assisted Microsoft with the integration of approximately 32,000 Nokia employees across 60 countries, following Microsoft’s acquisition of Nokia’s devices and services business.
Litigation risk counseling
Conducting due diligence investigations and performing risk assessments to evaluate potential product or toxic tort liabilities associated with pharmaceutical and medical device companies bringing products to market.
Kangaroo Media Inc. in Negotiation of Agreement with Formula One
Kangaroo Media Inc. in the negotiation of an agreement with Formula One for the rights to provide a handheld TV service to racing fans at F1 events around the world.
JP Morgan Chase
In obtaining the dismissal of an antitrust class action alleging that a number of credit-card issuers conspired to adopt arbitration clauses in their credit card agreements. 2006 WL 2685082 (S.D.N.Y. Sept. 20, 2006).
Off-label promotion and reporting investigations
Representation of GlaxoSmithKline in global settlement of three investigations relating to off-label promotion, safety reporting and price reporting.
Obtained U.S. Government National Security Approval for Semiconductor Clients
Representation of clients in the semiconductor industry in securing U.S. government national security approvals for investments and acquisitions, including e2v Technologies’ acquisition of QP Semiconductor.
NRC Regulatory Issues
Mitsubishi Nuclear Energy Systems in connection with NRC regulatory issues.
NPDES Permit Treatment Limits
Advise client regarding NPDES permit treatment limits and the process for setting such limits where multiple pollutants and treatment technologies are at issue.
Non-public FERC Enforcement Investigation
Represent an investment bank in a non-public FERC Enforcement investigation of alleged manipulation of electricity markets with respect to the bidding of electric generation into certain RTO markets.
No Action Taken By DOJ Against Telecommunications Client
Representation of one of the largest providers of telecommunications services in Asia in a DOJ investigation of alleged collusion with respect to termination rates charged to US carriers. The government ultimately closed the investigation and took no action against our client.
Nine-Figure Resolution for Widespread Cleanup
An energy company in obtaining a global nine-figure resolution from its historic CGL insurers for widespread environmental cleanup liabilities at refineries and other operational sites.
Nigerian IP policy
We advised a large trade association with respect to the Nigerian position on an IP issue before the World Intellectual Property Organization.
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.
Negotiate Consent Decree for Alleged eWaste Violations
Negotiated a very favorable settlement of alleged eWaste recycling violations for client by raising constitutional defects in statute.
Prysmian S.p.A. in Its Tender Offer for Draka Holding N.V.
Representation of Prysmian S.p.A., a global manufacturer of power transmission and telecommunications cable, in its $1.2 billion tender offer for cable and optical fiber manufacturer Draka Holding N.V.
Public Affairs compliance review for financial institution
On behalf of a major financial institution, conducted a public affairs department compliance review and provided recommendations on structural changes to improve compliance practices, as well as process changes to avoid compliance risks.
Samsung Liquid Crystal Display Antitrust Class Actions
Represented Samsung in consolidated antitrust price-fixing and deceptive practice class actions involving liquid crystal displays.
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.”
Rooster Teeth Productions, Inc. in License Agreement
Rooster Teeth Productions, Inc., a company that produces animated shorts, in connection with a license agreement.
Rocket Engineer Manufacturer “Treatment”
Advise rocket engine manufacturer on the scope of what constitutes “treatment” regulated by EPA under RCRA.
Right to be forgotten
Advising numerous companies on data subjects’ right of access and right to be forgotten.
Revisions to Regulations under Clean Water Act
Representation of Chemical Manufacturers Association, now the American Chemistry Council, in connection with EPA revisions to the NPDES and pretreatment regulations under the Clean Water Act. The litigation and negotiations with EPA resulted in substantial changes in these regulations.
Reviewed on Behalf of U.S. Interests Defamation and Free Expression Laws Proposed for Iraq
Reviewed on behalf of U.S. interests defamation and free expression laws proposed for Iraq by a coalition of international experts.
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.
Review of futures and swaps trading activity
Conduct real-time reviews of futures and swaps trading activity to verify compliance with internal hedging policies and CFTC regulations; prepare related response to the CFTC’s Division of Market Oversight special call request.
Retail Competition and Customer Choice Related Proceedings before Public Utility Commission of Ohio
COMPETE in intervening and participating in major proceedings brought by Duke Ohio and AEP before the Public Utility Commission of Ohio regarding retail competition and customer choice.
Manufacturers' Suggested Retail Pricing Matters
Representation of clients on connection with inquiries concerning manufacturers’ suggested retail pricing.
Los Angeles County Transit System Alternative Fuel Incentives
Represent Los Angeles County Transit System on alternative fuel incentives.
Lobbying disclosure advice to major trade association
Serve as outside political law compliance counsel to a major trade association, advising on a range of matters, including the Lobbying Disclosure Act and federal election laws.
Microsoft Expatriate Issues
Advised Microsoft in relation to expatriate issues arising from post-acquisition integration with Nokia’s global mobile phone business.
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.
Natural Gas Sale Profiteering Investigations
A large electrical generation company in an investigation by FERC and state authorities into profiteering in the sale of natural gas in New England during January 2004.
NASCAR in Production and Distribution of Daytona 500 Content
NASCAR in connection with the production and distribution of content related to the Daytona 500 on iTunes.
Multi-million dollar trial win
Won a multi-million dollar trial verdict for a government contractor arising from the en masse departure of 25 employees from the contractor to a competitor. The verdict was affirmed on appeal.
Lobbying Disclosure Act registration and reporting advice to financial firm
Provided advice to a financial firm on registering under the LDA and assisting the firm with ongoing reporting obligations.
Mitigating the impact of the Ebola crisis on operations in Africa
We advised an asset management firm on mitigating the impact of the Ebola crisis on its operations in Liberia.
Middle East Trade Sanction Programs Impact Advice
A multinational oil and gas company in advising on the impact of Middle East trade sanctions programs on technology licensing arrangements and the broader operation of affiliates and joint ventures incorporated outside the United States.
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.
Motorola Mobility v. AU Optronics Corp., et al.
Covington successfully represented Samsung in a massive set of antitrust price-fixing cases. The U.S. Court of Appeals for the Seventh Circuit held that virtually all of the claimed damages were barred by the Foreign Trade Antitrust Improvements Act.
Lobbying Disclosure Act audit for financial institution
Conducted an audit of Lobbying Disclosure Act compliance practices for a Wall Street financial institution.
Keanu Reeves and Stephan Hamel's Production Company on Project in China
Advised Keanu Reeves and Stephan Hamel’s production company, Company Films, on China projects.
Jury verdict for aerospace client
Obtained a complete jury verdict for an aerospace contractor accused of conspiring with the employee of a competitor to misappropriate trade secrets. The plaintiff had sought $30,000,000.
JPMorgan Chase Credit Card Class Actions
Represented JPMorgan Chase in numerous consumer class actions and attorney general representative actions on various practices relating to credit cards.
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.
John Lone on Opportunities in China
Advised actor John Lone (of "M. Butterfly," "Rush Hour 2" and the Academy-award winning "The Last Emperor") in exploring China opportunities.
Iran retaliatory sanctions
Have helped companies understand U.S. retaliatory sanctions directed at Iran (through the Iran Sanctions Act as recently amended by the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, or CISADA) and counterpart EU measures.
Investigation into contributions to Super PAC
Defending a major regional bank in connection with an FEC investigation concerning a loan that the bank made to a Super PAC. We have also advised candidates and financial institutions on campaign loan questions.
Internet and Social Media Promotion Advice
Comprehensive review of internet and social media promotion for a leading multinational medical device company.
Internet-Site Operators on Commercial Strategies
Advised Internet-site operators on commercial strategies, including with respect to CPM-based revenue sharing arrangements.
International Global Mobility Advice
Assisted a life sciences company with international assignments, including relevant cross-border corporate and individual tax risks and immigration requirements.
King Pharmaceuticals Acquisition by Pfizer
Representation of King Pharmaceuticals in its $3.6 billion acquisition by Pfizer.
Kentucky Fried Chicken (KFC) against False Advertising Claims
Representation of Kentucky Fried Chicken (KFC) against false advertising claims based on a KFC promotion that were asserted as a class action in the Western District of Virginia.
Litigation Challenging Offshore Oil and Gas Leasing Program
Represent client in litigation challenging the U.S. Department of the Interior's five year-offshore oil and gas leasing program under the National Environmental Policy Act and the Endangered Species Act.
Litigation Challenging FCC's Rule on Telemarketing and Fax Advertising
Led the leading litigations challenging the FCC’s rules on telemarketing and fax advertising.
Tribune/Sinclair Transaction
Represented Tribune Media in the merger of Tribune and Sinclair Broadcasting.
Honeywell’s Sale of HTSI to KBR
Represented Honeywell International as regulatory counsel in the sale of Honeywell Technology Solutions, Inc. (HTSI), a leading professional, technical, and mission support services contractor, to KBR for $266 million. We handled government contracts matters for Honeywell.
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.
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.
Union Pacific Railroad in Antitrust, Legislative, and Regulatory Matters
Representing Union Pacific Railroad in a wide variety of regulatory, legislative, and antitrust matters, including ongoing rulemakings involving rail rates and access to customer facilities and a multidistrict class action litigation alleging price-fixing of fuel surcharges.
BSA on the EU Copyright Directive
Provided strategic advice and advocacy support to the Business Software Alliance on the EU Copyright Directive, proposed Software Patents Directive and IP Enforcement Directive, and more broadly assisted in efforts to promote the protection of IP in the EU and third countries.
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.
Broadcasters and Programming Suppliers in Negotiations and Litigation
Representation of broadcasters and programming suppliers in negotiations and litigation with satellite carriers EchoStar and DirecTV.
WTO trademark dispute
Successfully represented a client’s intellectual property interests and achieved a successful resolution of a WTO trademark dispute.
WTO IP regulatory advice
Assisted leading multinational companies and industry associations in developing and implementing strategies to counter foreign regulations restricting intellectual property rights in violation of the WTO TRIPS Agreement and other regional and bilateral trade agreements.
WTO e-commerce debate representation
Advised a leading information technology company and represented them before the U.S. and EU governments in the WTO debate on e-commerce.
WTO consistency framework for U.S. Chamber of Commerce
Prepared for the U.S. Chamber of Commerce a framework for analyzing WTO consistency of China’s approval process for inbound foreign direct investment.
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.
WS Atkins’ acquisition of Nuclear Safety Associates
Represented Nuclear Safety Associates in its acquisition by WS Atkins.
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.
Wanxiang America acquisition of A123 Systems and related matters
Represented Wanxiang America in separate transactions involving the acquisition of certain assets of A123 Systems, Inc., a lithium ion battery company, and the sale of the Energy Solutions Business of A123 Systems to NEC Corp.
Various Team Telecom matters
Represented various additional parties before Team Telecom on matters not requiring CFIUS review, including LightSquared, BT, and Iridium Satellite.
Valuation of R&D materials imported into the United States
Assisted a life sciences company in connection with a substantial prior disclosure concerning the proper Customs valuation of certain R&D materials imported into the United States.
Utility privatization for the military
Represented contractors in negotiating and administering contracts to design, build, finance, own, and operate energy and water and wastewater facilities on U.S. military bases, leaving the military to perform its core functions.
U.S. textile manufacturer Section 592 penalty
Represented a major U.S. textile manufacturer and its European parent company in connection with a proposed Section 592 penalty in excess of $500,000, arising from various alleged classification and valuation errors.
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.
U.S. goods export valuation dispute
Represented a Fortune 100 company in a multi-million dollar dispute with the customs authority in a foreign country with respect to the proper valuation of U.S. goods exported to that country.
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.
Uranium antidumping proceedings
Represented Electricité de France in antidumping and countervailing duty proceedings related to low enriched uranium.
Univision’s IPO
Served as communications regulatory counsel to Univision in filing for an initial public offering of Class A common stock in the United States on July 2, 2015.
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.
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.
Trade Association Strategy and Political Advocacy
Represent industry trade associations, including the Online Lenders Alliance, Consumer Data Industry Association, and American Bankers Association, in connection with CFPB and FTC regulatory strategy and policy advocacy, preparing comment letters on CFPB rulemakings, and amicus briefs.
Solar Development Financing Activities for Green Lake Capital
Green Lake Capital in its solar development financing activities, including a pooled power purchase transaction covering six megawatts DC of distributed solar facilities located at municipal sites throughout California.
Smelter Site EPA 104(e) Request Response
Respond to EPA 104(e) request in connection with a century-old smelter site in Nevada, and successfully convinced EPA that another entity was responsible for the site.
Comprehensive privacy policies
Assisted pharmaceutical companies in developing global comprehensive privacy policies aligned with federal (HIPAA, Food & Drug Administration, and National Institutes of Health) regulations, state and European law, and best practices.
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.
Libel Defense Litigation and Prepublication Review of News and Other Content for Broadcasters
Libel defense litigation and prepublication review of news and other content for broadcasters in some 35 states, including First Amendment, newsgathering, copyright, defamation and privacy advice, and opposing subpoenas from prosecutors and others.
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.
Legal environment evaluation project
Advising the Mohammed Bin Rashid Al Maktoum Foundation and the John D. Gerhart Center for Philanthropy and Civic Engagement at the American University in Cairo to undertake a legal environment evaluation project for philanthropy in the Arab World.
Lobbying Disclosure Act audit
Conducted an audit of Lobbying Disclosure Act compliance practices for a Wall Street financial institution.
Lawsuit Challenging State Ethanol-Free Gasoline Requirements
American Petroleum Institute and American Fuel and Petrochemical Manufacturers as plaintiffs in lawsuits challenging the validity of state laws requiring refiners to sell ethanol-free gasoline to distributors and retailers.
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.
Landmark Ruling for Tennis Channel
FCC handed Covington a decisive victory to the Tennis Channel in its discriminatory carriage lawsuit against Comcast Cable Communications, the largest distributor of video programming content.
Labrador Communications in Exclusive Content Distribution Agreement with Cingular Wireless
Labrador Communications, a start-up new media company, in its exclusive content distribution agreement with Cingular Wireless for the distribution of Labrador’s stock-car racing audio programs as a subscription service to Cingular’s mobile telephone customers.
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.
Competitive Markets Testimony Before Public Utility Commission of Pennsylvania
Electric Power Generation Association in presenting testimony regarding the benefits of competitive markets before the Public Utility Commission of Pennsylvania.
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.
COMPETE Coalition FERC and State Regulatory Matters
Represent COMPETE Coalition on a wide range of FERC and state regulatory matters involving capacity markets, wholesale and retail market structure and competition issues, electricity rates, RTO markets and transparency issues.
Commercial Arrangements for Online Advertising Revenue-Sharing Arrangements, Sponsored-Search and Graphical Advertising
Drafted and negotiated commercial arrangements for online advertising revenue-sharing arrangements, sponsored-search and graphical advertising involving the leading Internet portals and Internet content providers.
Comment letters related to the Basel III leverage ratio
Prepare multiple comment letters on behalf of several trade associations related to the treatment of segregated margin for cleared derivatives under the Basel III leverage ratio.
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.
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.
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.
Congestion Revenue Rights in California ISO
SDG&E in connection with a FERC and appellate court proceeding regarding congestion revenue rights in the California ISO.
Cross border tax and employment arrangements
Structured a senior executive’s cross-border tax and employment arrangements for a U.S./UK clean tech company.
Criminal investigation of European manufacturer
Defending a large European manufacturer of power cables in a criminal antitrust investigation by the DOJ.
Covington supported the Advisory Opinions that defined the rules for Super PACs
Covington argued in support of creating a place in the regulatory regime for Super PACs, filing comments in support of the prevailing parities in FEC Advisory Opinions 2010-09 and 2010-10.
Counsel to PACs of major oil and gas company
We serve as counsel to the political action committees of a major oil and gas company.
Copyright Matters Relating to Rights to Photographic Archive and Wrongful Publication of Photographs
Advising on copyright matters relating to rights to an extensive photographic archive and on wrongful publication of photographs in Europe.
Copyright Advice on Advertising Issues
Provided copyright advice on advertising issues, including with respect to copyright risk-assessment and worked with clients to develop copyright compliance strategies.
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.
Content Provider in Global Partnership with International Telecommunications Provider
Representation of a global content provider in its global partnership with an international telecommunications provider to develop and operate a 3G mobile music service.
Client Opposed to Proposed European Digital Video Broadcasting Standards
Representation of a client opposed to certain aspects of proposed European Digital Video Broadcasting Standards, a matter on which we integrated our expertise in IP law, competition law and substantive and procedural aspects of the EU standardization process.
Client in EU Opposing Merger of Two, U.S.-Based Telecom Service Providers
Representation of a client in the EU opposing the merger of two, U.S.-based global telecom service providers -- a matter that involved complex issues under EU competition law.
Chemical/manufacturing joint venture
Advising one of the world’s largest specialty chemicals companies regarding its manufacturing joint venture activities in China.
CFTC regulations compliance
Advise multiple derivatives market participants on compliance with CFTC regulations, including the development of policies and procedures related to futures and swaps trading to demonstrate compliance with CFTC rules and regulations.
CERCLA Site Private Tort Litigation
Defend mining company in connection with private tort litigation brought in connection with a cleanup at a CERCLA site.
LIN TV Corp. in Acquisition of Red McCombs Media
LIN TV Corp. in its acquisition of Red McCombs Media, an online advertising company and one of Inc. magazine’s fastest-growing private companies.
Libya and Syria sanctions advice
Advised companies regarding U.S. and EU sanctions on the Qaddafi regime in Libya and the Assad regime in Syria, including obtaining licenses to permit certain ongoing business activities in Libya.
Legislative advocacy for wind energy company
We represented a wind energy company on tax and energy legislation.
Leading Food and Pharmaceutical Manufacturers on Advertising Requirements
Counseled leading human and animal food and pharmaceutical manufacturers on all facets of food and drug labeling, marketing and advertising requirements.
Latin America customs clearances internal investigation
Conducted internal investigation relating to customs clearance practices for automotive parts in various Latin American countries.
Kos Pharmaceuticals Medicare Part D coverage
Assisted Kos Pharmaceuticals in obtaining Medicare Part D coverage for its previously excluded product.
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.
Comments on EPA’s Proposed 111(d) Rule
Prepare and submit comments on EPA’s proposed 111(d) rule regulating greenhouse gas emissions from electric generating units for multiple interested parties, including members of the nuclear industry, a coalition of electricity producers, and advanced technology companies.
Comment letter on behalf of SIFMA AMG
Prepare comment letter on behalf of SIFMA AMG related to a Joint Audit Committee policy on margining of accounts held by the same beneficial owner.
“Co-Generators” Listing for RCRA Purposes
Advise pharmaceutical manufacturer regarding listing of multiple generators of waste as “co-generators” for RCRA purposes.
Climate Change Legislation Advocacy and Lobbying Assistance
Advocacy assistance on issues related to the United Nations Framework Convention on Climate Change and the Kyoto Protocol, and lobbying on behalf of clients with respect to climate change legislation in various states of the United States and in the European Union.
Client with Obtaining UK Merger Clearance
Representation of a client in connection with obtaining UK merger clearance for the sale of a UK cable business.
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.
Criminal investigations of automotive manufacturers
Represent several Japanese and European manufacturers of automotive parts in investigations of alleged anticompetitive activity.
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.
Counsel to the Super PAC supporting President Obama’s re-election
Served as counsel to one of the most significant Super PACs in the 2012 presidential election campaign, which succeeded in raising and spending over $75 million.
Counsel to Fortune 50 retailer
We provide a broad range of political advice to a major consumer-facing retailer active in federal, state and local elections.
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.
Copyright reform advice for consumer electronics companies in the EU
We have advised leading consumer electronics companies in the in EU in proceedings to consider possible reform of national rules on copyright levies.
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.
Coordinating Counsel in Asbestos Cases
Serve as coordinating counsel for manufacturing company regarding its asbestos cases.
Cook v UBS Financial Services Inc CA No PJM 06 803 D Md 2006
Successful defense of putative nationwide class action for race discrimination on behalf of financial advisors.
Content Providers on Broadcasting, Online, and Digital Media Advertising Trends
Advised major content providers, including sports leagues and television programmers and operators, on broadcasting, online and digital media advertising trends.
Consumer Products Manufacturers and Sellers on Advertising Matters
Counseled major consumer products manufacturers and sellers on commercial and regulatory advertising issues.
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.
FDCA, FTC Act, and Lanham Act Compliance for life sciences companies
Advising distributors of prescription drugs and medical devices concerning compliance with the Food, Drug, and Cosmetic Act, FTC Act, and Lanham Act advertising standards.
FCPA investigation for major oil and gas company
Represented Hyperdynamics Corporation in an FCPA investigation by the Department of Justice related to its business activities in the Republic of Guinea. The matter was resolved without any charges being brought against the company.
Facebook acquisitions
Advised Facebook, in connection with its acquisitions of Instagram, Oculus, WhatsApp and other entities.
Export controls for encryption hardware and high-performance computers
Assisted global high-technology and financial sector companies with U.S. and other export controls affecting encryption items and high-performance computers.
Export compliance program for oil and gas company
Developed a comprehensive export controls compliance program to assist a U.S.-based oilfield services company in securing approval under the Commerce Department Special Comprehensive Licensing program.
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.
Hulu Video Privacy Protection Act class action
Achieved dismissal on summary judgment of a putative class action against Hulu alleging violation of the Video Privacy Protection Act. The complaint alleged that Hulu disclosed to third parties the video viewing information of individual Hulu users.
Huffington Post TCPA class action
Achieved dismissal of a putative class action against The Huffington Post alleging violations of the Telephone Consumer Protection Act. The suit asserted unlawful transmission of unsolicited text messages.
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.
Helping Clients Increase Their CPA Zicklin Scores
On behalf of major fortune 500 clients, we have negotiated increased CPA-Zicklin scores, which improves their corporate governance profile, reducing the risk that those clients would be targets of litigation, shareholder proposals, and other initiatives.
Hapag-Lloyd and United Arab Shipping Company with EU Investigation
Representing Hapag-Lloyd and United Arab Shipping Company in connection with the Container Shipping investigation in the EU.
HAECO's Acquisition of TIMCO Aviation
Represented Hong Kong Aircraft and Engineering Co. (HAECO) as regulatory counsel in its $388.8 million acquisition of TIMCO Aviation, a global provider of aviation maintenance, repair, and overhaul services. We handled CFIUS and government contracts matters for HAECO.
Government affairs compliance
Advising a self-regulatory body on its government affairs activities, including advising on the tax treatment of these activities.
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.
EU-U.S. regulatory dispute
Assisted a European telecommunications company in protecting its interests with the European Commission in a bilateral EU-U.S. regulatory dispute.
EU and national requirement compliance
Counseling clients on compliance with European Union and national requirements regarding the use of “green dot” labels related to product disposal, “CE” labels on prototype products, and use of national languages on product labels.
DataCard’s $500 million acquisition of Entrust
Represented Entrust in front of CFIUS and on national industrial security regulatory matters in connection with its sale to DataCard Corp.
Data retention matters
Advised a European telecommunications client on data retention matters, and on strategy and compliance relating to new services using customer data.
Data breach notification requirements
Advised a global pharmaceutical company on the data breach notification requirements in more than 80 countries, following a security breach affecting employees in Europe, Asia and the Americas.
DAE acquisition of Landmark and Standard Aero
Represented the Carlyle Group in various matters, including the sale of Landmark and Standard Aero to Dubai Aerospace International.
DAA Self-Regulatory Principles
Represented a third party in responding to an inquiry by the Online Interest-Based Advertising Accountability Program regarding compliance with the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising.
Cybersecurity FCA Victory for a Services Contractor
Foreign government cyber hacking of a federal agency produced front page news and a U.S. Department of Justice (DOJ) False Claims Act (FCA) investigation of the service contractor that built and maintained the agency’s cyber security system. We rebutted allegations that critical cyber infrastructure was missing, out of date, and technically deficient. The DOJ dropped its investigation and the company made a small, five figure settlement with the agency.
CVG Sale
Represented CVG, Inc. in its sale to Integral Systems, Inc.
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.
Crude oil antidumping proceedings
Represented ExxonMobil in antidumping and countervailing duty proceedings related to crude oil.
CRADA with the Department of Defense
Negotiated a Cooperative Research and Development Agreement (CRADA) with the U.S. Department of Defense for evaluation of innovative automotive technologies in connection with the precursor of the LMTV program.
CRADA with Air Force Research Laboratory
Representing an aerospace technology company in its negotiation of a Cooperative Research and Development Agreement (CRADA) with the U.S. Air Force Research Laboratory for the testing and validation of privately developed propulsion technology. Addressing key intellectual property protection issues.
CRADA advice for a consumer products company
Advised Fortune 50 consumer products company about its rights and obligations under a Cooperative Research and Development Agreement (CRADA) with a U.S. Department of Energy weapons lab.
Corporate Political Disclosure Advice
We routinely advise corporations and trade associations in connection with corporate political disclosure policies and practices.
Consent agreement negotiation with the FTC
In recent years, negotiated consent agreements with FTC on behalf of weight-loss program, genetic testing, and dietary supplement company.
Concurrent House and Senate investigations
We represented a global manufacturer of advanced medical devices in concurrent investigations in the House and Senate regarding reported injuries to patients. The investigation included parallel regulatory inquiries and significant litigation risks.
Comprehensive compliance program for global operations
For a diversified U.S.-based manufacturing company, we developed compliance manuals covering its global operations that addressed export controls, sanctions, and antiboycott compliance, as well as anti-corruption compliance.
Compliance with DBE requirements
Representing a large automotive parts manufacturer in its response to a show cause notice from a local transit authority customer, addressing questions regarding Disadvantaged Business Enterprise (DBE) participation.
Compliance program for global energy company
Developed a compliance program for the Asia-Pacific offices of a global energy and industrial company that covers trade controls and anti-corruption laws and regulations and includes guidance on restricted party and embargoed country screening, U.S. export licensing, and recordkeeping requirements.
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.
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.
Defense and aerospace enforcement investigations
Represented numerous U.S. defense and aerospace companies in enforcement investigations before the State Department’s Directorate of Defense Trade Controls and the Department of Justice.
Department of Justice inquiry
We represented an ethnic affinity organization, closely associated with a foreign political party, in successfully addressing a Department of Justice inquiry concerning the organization’s activities.
Ensuring compliance with sourcing restrictions
Counseled our client, a construction material supplier, in connection with a state government construction project partially funded by federal grant funds, and persuaded the prime contractor to accept Mexican-sourced construction material consistent with applicable federal grant restrictions.
Enforcing NAFTA commitments regarding television programming
Advised major U.S. television program suppliers in enforcing Canada’s market access commitments under the North American Free Trade Agreement (NAFTA).
Energy Company Russia Sanctions
Advice to leading U.S. and international energy companies on the scope and application of U.S. and EU sanctions against Russia in the context of new and existing projects and investments.
Elbit Systems acquisitions
Represented Elbit Systems in acquisitions of Tadiran Communications (including Talla-Com and Tallahassee Technologies), Innovative Concepts, and M7 Aerospace (among others).
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.
Educational and children’s privacy rules
Advising Microsoft on the application of educational and children’s privacy rules to cloud computing services.
ECPA advice to Microsoft
Advising Microsoft on consent requirements under the Electronic Communications Privacy Act for responding to civil legal process requests in connection with cloud computing services.
DOJ Investigation Concerning FCPA Matters
Representation of a mining company in a Department of Justice investigation concerning anti-corruption (FCPA) matters and related civil RICO litigation.
DOE grant to support clean energy
Representing a large chemical company in its negotiation of a U.S. Department of Energy (DOE) grant to construct a cathode materials production plant that supplies manufacturers of advanced lithium-ion batteries. Addressing significant property ownership and intellectual property considerations.
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.
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 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.
Development of corporate responsibility programs
Advised an oilfield services company on the design and implementation of a corporate responsibility program for its Angolan operations following an FCPA enforcement action.
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.
Developers of child-directed apps
Advised developers of child-directed apps on the FTC’s informal guidance on the collection of audio files and other user-generated content, push notifications, in-app purchases, and other interactive features.
Internal investigation for financial institution
Conducted an investigation for a major international financial institution with regard to possible breaches of UK and EU financial sanctions and wire transfer regulations by the client’s UK branch.
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.
New York State Common Retirement Fund v. Qualcomm, (Del. Ch. Ct. 2013)
Represented Qualcomm in the first lawsuit ever brought under Delaware corporate law to attempt to compel disclosure of corporate political expenditures. We negotiated a rapid resolution and the Common Retirement Fund withdrew its lawsuit.
“New” product advice
Advising remanufacturers and refurbishers of consumer products as to FTC and state law regulating their ability to describe products as “new.”
New online advertising products
Represented a large social-media platform in connection with the development and implementation of new online advertising products.
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.
Negotiated cooperative research and development agreements (CRADAs)
Advised major pharmaceutical, consumer products, and energy companies, as well as universities, concerning IP rights under CRADAs for technology transfers at national laboratories.
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.
Navigation of multiple issues related to healthcare.gov
In the wake of the failed launch of healthcare.gov, we helped a major health IT company navigate compliance and other issues related to its healthcare.gov contract and efforts to remediate the website and related IT systems.
Navigation of issues specific to CMS Recovery Audit Contracting
We helped a client navigate a range of issues unique to RAC contracts with the Centers for Medicare and Medicaid Services (CMS).
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.
Navigating FMS and FMF processes
Advised multiple sellers of military products to foreign governments through the Foreign Military Sales (FMS) and Foreign Military Financing (FMF) processes, gaining approval from the Defense Security Cooperation Agency for the sales and for using financing from FMF and commercial banks to enable the transactions.
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.
OFAC advisory and enforcement matters
Represented major U.S. and European financial institutions in advisory and enforcement matters before the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) on the impact of U.S. asset-blocking measures.
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.
Japanese electronics company ruling requests
Prepared ruling requests for a major Japanese electronics company and its U.S. subsidiaries with respect to classification, government procurement, and foreign-origin marking issues.
“Issue advocacy” campaigns
We have advised numerous tax-exempt organizations regarding “issue advocacy” campaigns during election years.
Iran sanctions advice for a financial services provider
Represented a multinational financial services provider in strategic matters relating to potential Court of Justice of the European Union (CJEU) litigation pursuant to the EU sanctions against Iran.
IP Obligations under WTO/TRIPS
Retained by a WTO member to assess the consistency of certain Chinese requirements affecting the licensing of intellectual property rights with its obligations under WTO/TRIPS.
Inverted domestic corporations
We have advised several clients concerning the statutory ban on federal contracting with “inverted domestic corporations.” Our advice has enabled these clients to arrange their business structures and operations so as to maintain contracting opportunities to the maximum extent possible.
Largest public FARA investigation in recent years
We represented a consulting firm in an internal investigation and retroactive registration for activities undertaken by the firm for a foreign government – the largest public FARA investigation in recent years.
Management of entire BCR approval process
Advising numerous companies on Binding Corporate Rules (BCRs), including Processor Rules. We help develop the BCR corpus and manage the entire approval process before the lead data protection authorities in several EU Member States including Belgium, Germany, Luxembourg and the UK.
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.
Litigation before the D.C. Circuit
Successfully challenged before the D.C. Circuit the Federal Communication Commission’s rules mandating that telecommunications companies install equipment to monitor private telephone and Internet communications.
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.
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.
Leading semiconductor transactions
Represented Mubadala Development Company and Advanced Technology Investment Company in joint venture with Advanced Micro Devices to form GLOBALFOUNDRIES, and represented GLOBALFOUNDRIES in its acquisition of IBM’s semiconductor manufacturing business.
Leading FARA case
One of the leading FARA cases is Attorney General v. Covington & Burling, which established that the attorney-client privilege survives a FARA registration.
Leading Carriers of a Major Container Shipping Alliance in Their Global Strategy
Representing the leading carriers of a major container shipping alliance as they expand, deepen and widen their global cooperation.
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.
Co-lead counsel for POM Wonderful
Co-lead counsel for POM Wonderful in landmark advertising litigation with FTC concerning health claims for food products.
Safety Data Sheet Requirements for Biochemical Reagents
Advise client on Safety Data Sheet requirements for biochemical reagents.
Safety Data Sheet Requirements for Food Product
Advise client on Safety Data Sheet requirements for a novel food product.
Safety Data Sheet Requirements for Surgical Product
Advise client on Safety Data Sheet requirements for a surgical product.
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.
Pac-12 Networks in Twitter Streaming Deal
We represented Pac-12 Networks in its deal with Twitter for streaming of 150 live Olympic sports events from the Pac-12 universities.
Fox Networks Group in Online Distribution Agreements
We represented Fox Networks Group in various agreements for carriage of the Fox suite of cable networks and the Fox owned and operated broadcast television stations on various “over-the-top” Internet-based distribution platforms.
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.
Tencent in $8.6 Billion Acquisition of Clash of Clans Developer
Represented Tencent Holdings Limited in its $8.6 billion acquisition of a majority stake in Supercell Oy, developer of Clash of Clans, Clash Royale, Boom Beach and Hay Day, from SoftBank.
TouchTunes Music Corporation in Digital Media Matters
TouchTunes Music Corporation, the largest digital jukebox manufacturer, in connection with general matters.
The Washington Post Company's Sale of Newsweek
The Washington Post Company in connection with its sale of Newsweek.
The regulation of new technology
We won an FEC advisory opinion finding an on-line giving platform was compliant with the law. FEC AO 2011-19. We routinely provide clients advice on the application of campaign finance rules to new technology and innovated use of technology in political campaigns.
Technical Data Export
Electric Power Research Institute in connection with the export of technical data.
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.
National Stone Association in OSHA Rulemaking Proceedings
Represented the National Stone Association in OSHA rulemaking proceedings to establish a new standard for asbestiform minerals.
Construction Company Regarding Potential OSHA Issues
Advised a construction company concerning potential OSHA issues in connection with shipments of construction stone from a quarry in Canada to America.
CenturyLink's $34 billion Acquisition of Level 3 Communications
Representing CenturyLink, Inc. on communications regulatory and national security matters in connection with its acquisition of Level 3 Communications Inc. in a transaction valued at $34 billion.
Acquisition of Schneider Electric’s Custom Sensors & Technologies business
Represented the Carlyle Group and PAI Partners in the acquisition of the Custom Sensors & Technologies business from Schneider Electric.
Acquisition of Global Crossing
Represented Global Crossing in its acquisition by Singapore Technologies Telemedia and earlier phase involving Hutchison Whampoa.
Acquisition of Enstrom Helicopter
Represented Enstrom Helicopter in its acquisition by Chongqing Helicopter Investment Co., Ltd., a company owned by the Municipality of Chongqing, China.
Modern Slavery Reporting Requirements
Advising numerous clients across a range of industries on the drafting of transparency statements required by the UK Modern Slavery Act.
Whitepaper on Cybersecurity Advantages of Blockchain Technologies
Advising Microsoft and the Chamber of Digital Commerce in the development of a whitepaper exploring the cybersecurity advantages of blockchain technologies.
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.
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.
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.
Tower Three’s Acquisition of NTS
Represented private equity firm Tower Three Partners as regulatory counsel during its acquisition of NTS, a regional provider of broadband and other communications services in Texas. We handled communications, government contracts, and federal assistance matters for Tower Three.
SafeNet’s Sale of its Government Business to Raytheon
Represented data security firm SafeNet as regulatory counsel during the sale of its encrypted communications business to Raytheon. We handled government contracts, national security, and trade controls matters for SafeNet.
Lindsay Goldberg’s Investment in ECS Federal
Represented private equity firm Lindsay Goldberg as regulatory counsel during its investment in ECS Federal, a leading mid-sized provider of technology services to the U.S. government. We handled government contracts, national security, trade controls, and anti-corruption matters for Lindsay Goldberg.
IoT Network Development
We assist clients with regulatory licenses and approvals necessary to launch, operate, and utilize IoT networks, including FCC equipment approvals for connected devices. For example, we represent a wireless technology company before the Federal Communications Commission as the company seeks to build a nationwide IoT network.
Privacy Counsel
We help clients on all aspects of data privacy, addressing issues such as consent, transparency, privacy-by-design, and international transfers of personal data. Our industry-leading global privacy practice has experts who monitor the latest legislative, regulatory, and policy developments in jurisdictions worldwide.
Global Data Privacy and Cybersecurity Agreements
We have negotiated on behalf of technology clients the data ownership, data privacy, and cybersecurity provisions of global agreements with automotive OEMs related to the provision of connected car services.
Geo-location data issues
Advice on European geo-location data issues for major international service provider.
FTC Investigation into third-party advertising service
Represented a third-party advertising service in responding to an inquiry by the FTC into the company’s technology for selecting and delivering online advertising.
FTC enforcement
Represented a third-party advertising service in responding to an inquiry by the FTC into the company’s technology for selecting and delivering online advertising. Mmatter was resolved without any formal enforcement action.
Forest City Ratner Companies’ joint venture with Shanghai Greenland Group
Represented Forest City Ratner Companies in a joint venture with Shanghai Greenland Group to develop the Atlantic Yards site in Brooklyn, NY.
Favorable jurisdiction determinations
Represented companies in obtaining favorable product jurisdiction rulings on aircraft parts, materials, and other items.
FastenTech’s sale to Doncasters Group
Represented FastenTech in its sale to Doncasters Group, a subsidiary of Dubai International Capital.
Export-related visa certifications
Advised companies on deemed export requirements and the completion of export-related visa certifications for non-U.S. workers.
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.
AI Data Privacy
Advising AI providers on the privacy implications of collecting and using large datasets of consumer data (including text, voice, and biometric information) to develop, train, and improve their AI solutions.
AI Algorithms and Services Cybersecurity
Advising a software company and other high-tech companies on the integrity and security of AI algorithms and services.
AI Technology Trade Controls
Advising a technology client on potential risks for violations of trade control laws and other criminal activity by AI technologies.
Digital Health AI
Advising regulated pharmaceutical and device companies on the use of AI for digital health services.
Bacardi Transaction
Covington advised Bacardi Limited in its definitive agreement to acquire Patrón Spirits International AG and its PATRÓN® brand, the world’s top-selling ultra-premium tequila, from John Paul DeJoria, a founder of Patrón. The transaction reflects an enterprise value for Patrón of $5.1 billion.
Representing Oil and Gas Companies on Export Control Regulations
Advising companies in the oil and gas sector on U.S. and EU export control regulations as relevant to doing business in Russia.
Advising on Financial and Energy Sector on U.S. and EU Sanctions
Counseling a major U.S. company on the operations of its Russian subsidiary in the wake of U.S. and EU sanctions, including advising it on the application of financial and energy sector sanctions to a range of ongoing and future projects.
Broad-based EU and U.S. Sanctions Counseling
Working with various EU and U.S. regulators to obtain licenses, interpretive rulings, and guidance concerning business activities restricted under the recent EU and U.S. sanctions.
Represented Pharmaceutical Industry in Duma Hearings
On behalf of the Pharmaceutical Research and Manufacturers of America, appeared before a hearing of a committee of the Duma on proposals to establish greater protection for innovative pharmaceutical products, including protection of patents and regulatory exclusivity periods.
Trade Compliance Program for a Life Sciences Company
Assisted a leading life sciences company in the design and implementation of global trade compliance program.
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.
Salix Pharmaceuticals Transactions
Represented Salix Pharmaceuticals in antitrust issues related to its $2.6 billion acquisition of Santarus, Inc., another specialty pharmaceutical company focused on gastrointestinal treatments and in its $300 million acquisition of Oceana Therapeutics, LCC.
NFL Licensing and Other Transactions
Advised the National Football League in numerous licensing and other transactions.
Aristocrat Leisure Ltd. Transactions
Covington advised Aristocrat Leisure Ltd. in its $1.3 billion acquisition of Video Games Technology Inc. (VGT) and in its $990 million acquisition of Big Fish Games, Inc. Covington regularly advises Aristocrat on antitrust transactional and other matters.
Representation of De Persgroep
Acted for De Persgroep as a complaining third party in the Mediahuis merger. The case was unprecedented as it resulted in a 3 to 2 merger in the newspaper sector. The merger was conditionally cleared by the new Belgian competition authority.
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.
Portfolio Recovery Associates CFPB Investigation, Enforcement Action and Consent Order
Represent Portfolio Recovery Associates, a large debt collection firm, in a CFPB investigation and enforcement action that resulted in the negotiation and implementation of a consent order.
Hazardous Communication Standard Revision’s Applicability to Cleaning Products
Advise client regarding applicability of OSHA’s 2012 revision of the Hazardous Communication Standard and its applicability to cleaning products.
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.
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.
Representation of BP on Baku-Tbilisi-Ceyhan Pipeline Regulatory Considerations
Advised BP on its compliance with environmental, social, and economic conditions imposed by international public lenders in connection with financing of the Baku-Tbilisi-Ceyhan pipeline.
Representation of Chemical Industry Client on Russian Tax and Legal Structuring
Advised a global chemicals distributor concerning the tax and legal structuring of a Russian marketing office.
National Public Radio privacy class action
Achieved dismissal of a putative class action against National Public Radio alleging violations of the Wiretap Act, Stored Communications Act, and state laws. The complaint alleged that mobile app developers wrongfully transmitted personal information to third party advertising companies.
Multi-defendant 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.
Minority business enterprise subcontracting
We defended a major supplier to transit authorities funded by the U.S. Federal Transit Administration against allegations that it was subcontracting with ineligible Minority Business Enterprises (MBEs), thus enabling our client to continue supplying the transit authorities of several major metropolitan areas.
Microsoft’s EUR 5.44 Billion Nokia Transaction
Representation of Microsoft Corp. in its purchase of substantially all of Nokia’s devices & services business and licensing of Nokia’s patents. Covington advised on IP, commercial and regulatory matters on the transaction.
Microsoft's acquisitions of Nokia and Skype
Advised Microsoft in relation to the data protection aspects of the purchases of Nokia’s device and services business and Skype.
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.
New York state protest victory
We brought bid protests in New York State administrative and judicial forums concerning redevelopment of municipal hospital property. We obtained an opportunity for our client to become the selected awardee after the procuring agency initially selected two other awardees.
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.
Ongoing FARA compliance advice
We represent numerous consulting firms that are registered under the Act in ongoing compliance with the statute’s disclosure requirements and audits of disclosures by the Department of Justice.
Oil and gas company Iran sanctions
Extensive advice to U.S. and non-U.S. oil and gas companies on the scope and application of sanctions and retaliatory measures targeting Iran, including advice on pending U.S. enforcement matters.
North Carolina protest victory
We successfully protested the award of a multi-year statewide tire contract to our client’s competitor. We convinced the State to take corrective action, which resulted in a contract award to our client.
NFL Sunday Ticket DirecTV Deal
Representation of the National Football League in connection with its deal to extend DirecTV's exclusive rights to carry NFL Sunday Ticket in a multi-year agreement.
Off-label marketing investigation
We represented a major pharmaceutical company in a lengthy investigation by the House Oversight and Government Reform Committee regarding alleged off-label marketing of pharmaceutical products. The investigation included dozens of requests and resulted in the production of tens of thousands of documents.
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.
Iran Sanctions Investigation for Pharmaceutical Company
Conducted an Iran sanctions investigation for a major pharmaceutical company.
Iran and Sudan Sanctions Advice
Secured export licenses enabling leading pharmaceutical companies to sell millions of dollars’ worth of medical products to Iran and Sudan, and permitting consumer products companies to export agricultural commodities to those countries.
Investigating Insider Thefts
We have directed investigations into cyber-based insider thefts of highly sensitive proprietary information and consumer information.
Laird’s acquisition of Microwave Materials Group and Emerson & Cuming Microwave Products
Represented the Microwave Materials Group and Emerson & Cuming Microwave Products in their sale to Laird Holdings.
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.
Media Rights Agreements
Represented the PGA of America, the USTA, the U.S. Olympic Committee, the American Athletic Conference, the A-10 Conference, the Chicago Cubs, and the LA Clippers (among others) in connection with the negotiation of their media rights agreements.
Major political donors
Advise high-net-worth individuals on the vetting of political contributions and tax issues related to their support for tax-exempt groups.
Los Angeles Clippers Acquisition
Represented Steve Ballmer in his $2 billion acquisition of the Los Angeles Clippers from The Sterling Family Trust.
Liaison for group of U.S. multinationals with BCRs
Managing and acting as the liaison for a group of U.S. based multinationals that have put BCRs in place and exchange their BCR experience.
Patagonia privacy class action
Achieved favorable resolution for Patagonia in a putative class action alleging wrongful collection of personal information in connection with credit card transactions.
Counsel to Electronics Company on Ukrainian and Kazakhstani Broadcast Regulations
Advised a large manufacturer of electronic equipment on issues relating to radio frequency and electromagnetic requirements and related certification requirements in Ukraine and Kazakhstan.
Counsel to International Companies on Russian Data Privacy Regulations
Regularly advise multinational clients on Russian data privacy issues.
Representation of Investors on Russian and Eurasian Investments
Advised U.S. and European investors on protection of their economic rights in connection with politically sensitive investments in Russia and other Eurasian countries.
Provided Regulatory Counsel on the Acquisition of a Mobile Phone Company
In connection with the purchase of a mobile phone business, advised a large manufacturer of electronic equipment on issues relating to electromagnetic compatibility and radio frequency requirements and related certifications in Russia and Ukraine.
Counsel to Pharmaceutical Companies on Russian Regulations
Advised major international pharmaceutical companies on clinical trial rules in Russia.
Young African Leaders Initiative
We assisted Microsoft Corporation in its establishment as a founding implementing partner to the Young African Leaders Initiative, one of the Obama administration’s flagship initiatives in Africa.
Preserving a key antitrust exemption
Represented the American Council on Education in successfully enacting legislation to renew and extend an expiring antitrust exemption permitting a selected group of colleges to collaborate on issues involving need-based aid.
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.
Sony BMG Music Entertainment in Class Action Lawsuit
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.
NFL on DirecTV Deal
Representation of the National Football League in connection with its deal to extend DirecTV's exclusive rights to carry NFL Sunday Ticket in a multi-year agreement.
Altice’s $18 Billion Cablevision Acquisition
Representation of Altice N.V. in its $18 billion acquisition of Cablevision Systems Corporation, which will make Altice the 4th largest U.S. cable operator with approximately 4.5 million customers.
Vulcan Materials Transaction
Represented Vulcan Materials in its acquisition of SPO Partners II, L.P.
MGM Resorts International Range of Matters
Representation of MGM Resorts International in a range of advisory, regulatory, and legislative matters in the United States and globally.
Supplier Human Rights Management
Assisting a leading life science company on their supplier audit protocols governing employment, environmental, and health and safety protections across multiple jurisdictions.
Abbott Laboratories de-merger
We represented Abbott Laboratories in connection with its global spin-off of its pharmaceutical research business, and creation of a new global enterprise, AbbVie.
$9.5 billion proposed acquisition of the New York Stock Exchange
Represented Deutsche Börse in its proposed $9.5 billion acquisition of the New York Stock Exchange. The transaction was subsequently terminated on EU antitrust grounds.
50 state pay-to-play survey
We offer a subscription service that provides clients with updates on pay-to-play laws in all 50 states.
$3 billion CNOOC investment in Chesapeake Energy
Represented China National Offshore Oil Corporation Ltd. (CNOOC) in separate investments in the Eagle Ford and Niobrara shale properties held by Chesapeake Energy.
$220 Million Acquisition of Align Aerospace
Represented Align Aerospace in its acquisition by a subsidiary of Aviation Industry Corporation of China (AVIC), the Chinese state-owned aerospace and defense company, in a transaction worth $220 million.
$15 billion acquisition of Nexen by CNOOC
Represented Nexen in its $15 billion acquisition by China National Offshore Oil Corporation Ltd.
$1 Billion Breach-of-Contract Recovery
Obtained what is likely the largest single award in the 150-year history of the Court of Federal Claims: a $1 billion judgment on behalf of 11 plaintiffs in claims against the U.S. government seeking monetary recovery for the government’s breach of contract. The award was affirmed by the Federal Circuit.
$1.75 billion divestiture of IBM’s personal computers division
Represented IBM in the $1.75 billion sale of its personal computers division to Lenovo.
$750 million Dassault Systèmes acquisition of Accelrys
Secured CFIUS approval for Dassault Systèmes in its acquisition of Accelrys, whose customers included the U.S. Department of Defense and the leading U.S. nuclear laboratories, in a transaction valued at approximately $750 million.
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.
Strategic advice to companies facing foreign investment challenges
A global U.S. manufacturing company asked us to develop a range of strategies to protect its investment in Venezuela.
Strategic advice on the adoption of EU energy efficiency requirements
Regulatory and strategic advice to a large manufacturer of electronic equipment on EU procedures for adoption of energy efficiency requirements on sound and imaging equipment under the ErP Directive.
Strategic advice for defense prime contractor regarding ground combat vehicles
We provide strategic advice and advocacy support before the Congress to a prime U.S. subsidiary of a non-U.S. defense contractor on matters involving ground combat vehicles.
State Super PAC
Advise major state Super PACs in New York, New Jersey, and Pennsylvania on campaign finance and tax-exempt organization law issues.
State of Louisiana
We assisted the State of Louisiana in securing amendment in the Patient Protection and Affordable Care Act to modify federal matching funds to reflect impact of Katrina on the State’s per capita income.
State lobbying registration laws
Advise several major hedge funds on campaign finance and lobbying compliance issues, including state lobbying registration laws.
State and local Super PAC
Provide election law and tax-exempt organizations law advice to a Super PAC operating at the state and local level in Illinois.
Special reports related to the European Securities and Markets Authority consultation process
Prepare special reports for FIA and FIA Europe related to the European Securities and Markets Authority consultation process for the implementation of Markets in Financial Instruments Directive and Markets in Financial Instruments Regulation.
Strategies and Comments on EPAs Proposed Emissions Regulation
Advise client on development strategies and comments related to the U.S. Environmental Protection Agency’s proposed rulemaking to regulate power plant greenhouse gas emissions.
Strategy for Members of Industry Federation to Challenge Advertising Ban Imposed by EU Directive
Developed a litigation strategy for several members of an industry federation to challenge an advertising ban imposed by an EU directive for violations of the free speech provisions of Article 10 of the European Human Rights Convention.
Tax and fiduciary issues relating to VEBAs
Resolved tax and fiduciary issues in connection with the proposed consolidation of more than $1 billion in assets held in separate voluntary employees’ beneficiary associations (“VEBAs”).
Superfund Site Deletion from National Priorities List
Advise client and advocate to EPA that a Superfund site should be partially deleted from the National Priorities List.
Superfund Site Advice for Aerospace Company
Represented an aerospace company at 5,000 acre Superfund site in California involving VOCs, perchlorate and NDMA, including negotiating consent decree for completion of investigations, advice on remedy issues, and negotiating with water entities over replacement water supply claims.
Successful representation of Public Television Stations in FCC matter
Represented the Association of Public Television Stations before the D.C. Circuit, in successfully defending an FCC order providing that public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements.
Success in federal copyright infringement lawsuit
Successfully defended 20th Century Fox Film Corporation and Chernin Entertainment in a federal copyright infringement lawsuit filed in the Central District of California. After extensive litigation, the case settled, with a complete walkaway and limit on future suits.
Aabar's investment in Virgin Galactic
Represented Virgin Galactic in Aabar Investments PJSC’s investment in the company.
$500 million in recoveries for oil and gas companies
Obtained nearly $500 million in judgments and settlements for multiple oil and gas companies in breach of contracts case against the U.S. government involving undeveloped federal oil and gas leases offshore North Carolina, Alaska, and Florida.
$5.6 billion acquisition of Invensys plc
Represented Schneider Electric on the CFIUS review and approval of its $5.6 billion acquisition of Invensys plc.
$3.7 billion acquisition of Sapient by Publicis Groupe
Represented both Publicis and Sapient in securing approval from CFIUS for Publicis’ acquisition of Sapient for $3.7 billion.
$2.1 billion acquisition of IBM server business by Lenovo
Represented Lenovo in various matters, including acquisition of x86 server business from IBM for $2.1 billion.
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 a defense contractor competing for a US Air Force contract
We advised a non-U.S. defense company on its legislative and executive branch strategy in its bid competition for a major U.S. Air Force weapons acquisition program.
Strategic advice in a land-holdings dispute
We advised and represented an agro-industrial client dealing with possible expropriation in Colombia of significant portions of its land-holdings.
State-Owned Chinese Media Group
Advised a state-owned Chinese media group with respect to an international co-production project to be produced by a leading Hollywood producer.
State health information privacy laws
Advising a multinational pharmaceutical company on state privacy issues relating to a vaccine outreach program.
State Campaign Finance Advice to Major Corporation
Advising a large oil and gas company on state campaign finance laws.
Sports Leagues on Broadband Issues
Regularly advise the NFL on a range of broadband issues, from net neutrality to online privacy to compulsory copyright, and briefed the NBA on how the media landscape is changing, and how broadband is both a compliment and a threat to existing models.
Specialty Pharma cross-border licensing agreement
Salix Pharmaceuticals in its licensing agreement with Alfa Wasserman S.p.A., by which Salix has licensed rights in the United States and Canada to an extended intestinal release (EIR) formulation of rifaximin.
Sony Network Services' Negotiation of Agreement with Alltel
Sony Network Services in the negotiation of an agreement with Alltel, the U.S. mobile network operator, to provide the "StreamMan" personalized music service to Alltel's cellphone customers.
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.
Strategic intelligence gathering and outreach in Eastern Europe
A major energy drinks producer faced a major threat to its market access in an Eastern European country as a result of a legislative proposal. Using local resources, we collected intelligence on both the content of the proposal and its status, as well as on the relevant stakeholders.
Sweepstakes and Other Commercial Promotions Relating to Advertising
Provided advice on sweepstakes and other commercial promotions.
Successful Transfer of Operating Licenses Before NRC
KKR and TPG before the NRC in connection with the successful transfer of TXU Power's Comanche Peak operating licenses.
Successful Resolution for Online Company in Major Data Breach
Representation of a major online company in responding to a security incident affecting the credit card information of more than 200,000 customers, including regulatory inquiries. The matter was resolved without any regulatory enforcement action.
Successful Representation in Exploratory Well Plugging Litigation
An E&P company in litigation challenging an order requiring it to spend many millions of dollars to permanently plug an exploratory well on an offshore lease, winning an appellate decision vacating the order.
Successful Challenge to Federal Renewable Fuel Standards Under the Clean Air Act
Represented the American Petroleum Institute in a challenge to federal renewable fuel standards under the Clean Air Act that resulted in the U.S. Court of Appeals for the District of Columbia Circuit ruling in favor of our client.
Structuring and Guidance on Multi-Faceted Sponsorship Arrangements
Helped structure and advise on multi-faceted sponsorship arrangements between pharmaceutical manufacturers and sports leagues.
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.
Successfully Defended $50 Million Sole-Source Award by Air Force
Successfully defended a $50 million sole-source contract extension to an air combat services contractor. We persuaded GAO to dismiss all but one of the protester’s claims, which caused the protester to withdraw its protest before GAO reached a decision.
Acquisitions by British Telecommunications
Represented British Telecommunications plc in its acquisitions of Infonet Services Corp., Comsat International, Counterpane, and Wire One Communications (among others).
Approval of Renewable Fuels under EPA's Renewable Fuel Pathways Regulation
Advise advanced biofuels manufacturer regarding approval of new renewable fuels under EPA’s renewable fuel pathways regulations.
Boycott request analysis
Analyzed boycott requests received by U.S. companies and their foreign subsidiaries and reporting boycott requests to the U.S. Commerce and Treasury Departments.
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.
BCRs for multinational e-commerce company
Assisting a global e-commerce company in preparing and filing BCRs with the Luxembourg data protection authority.
BCRs for multinational conglomerate
Assisting a multinational manufacturer of products for the aerospace and building industries in developing BCRs.
BCRs for global heavy machinery manufacturer
Assisting a multinational manufacturer of machinery in the developing of BCRs.
BCRs for global heavy equipment manufacturer
Assisting a multinational manufacturer of heavy equipment in the adoption of BCRs.
BAE Systems acquisitions
Represented BAE Systems, Inc. in its acquisitions of Armor Holdings, MTC Technologies, Advanced Ceramics Research, Atlantic Marine, OASYS Technology, and Intelligence Service Business of L-1 Identity Solutions (among others).
BAA and TAA compliance counseling
Assisted major suppliers of office and aeronautics equipment to navigate the Buy American and Trade Agreements Acts, ensuring that the clients’ products are domestic end products, qualifying country end products, designated country end products or U.S.-made end products eligible for sale to the U.S. government.
Association of Public Television Stations in Office of Communication of the United Church of Christ Inc., v. FCC
Representation of the Association of Public Television Stations on whether public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements.
China market access
Advised several leading U.S. companies in responding to existing and proposed Chinese trade barriers, including in the areas of intellectual property, technology standards, and competition law, and helped our clients succeed in raising the profile of these issues in U.S. bilateral negotiations with China.
China Investment Corporation’s investment in AES Corp.
Represented China Investment Corporation in its $1.6 billion investment in AES Corp.
Children’s privacy FTC inquiry
Represented operators of online websites and mobile apps in responding to informal FTC inquiry letters involving alleged violations of the Children’s Online Privacy Protection Act.
Children's Online Privacy Protection Act
Advised operators of child-directed websites and services on strategies for communicating their child-directed nature to third-party advertising partners in connection with the revised COPPA Rule.
Children’s Advertising Review Unit inquiry
Assisted the operator of a child-directed website in responding to an inquiry by the Children’s Advertising Review Unit (CARU) regarding its online behavioral advertising practices.
Check Point Software Technologies acquisitions
Represented Check Point Software Technologies in the company’s acquisitions of NFR Security, Inc., the security appliance business of Nokia, Liquid Machines, Inc., and PointSec Mobile Technologies.
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).
Automotive manufacturer transfer pricing inquiry
Represented a major automobile manufacturer and its U.S. subsidiaries in connection with a transfer pricing inquiry by U.S. Customs and Border Protection (CBP) and an associated audit.
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.
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.
Advising Internet companies on advertising claims
Advising major Internet companies as to the substantiation required to defend advertising claims made about their products and services.
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.
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.
Advice to nominees to Presidential boards and commissions
Covington has advised nominees and potential nominees to a variety of Presidential boards and commissions.
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.
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.
Advice on retailer pricing claims
Advising retailers on pricing claims and practices, including the use of the word “free,” “two-for-one” offers, and trial periods with negative cancellation options.
Advertising terms and guideline
Routinely draft ad-serving agreements, data licenses, and advertising terms and guidelines for website advertising and advertising delivered on mobile and social media platforms.
Acquisitions by Pacific Telecom
Represented Pacific Telecom in the company’s acquisitions of Micronesian Telecommunications Corporation and IT&E Overseas, Inc.
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.
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.
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.
Automotive joint venture advice
Advising on a development and production joint venture formed by two leading suppliers of components for automobiles, trucks, and commercial vehicles, and on a distribution joint venture of leading commercial truck manufacturers.
AOLs advertising businesses
Providing general privacy advice in connection with AOL’s advertising businesses.
AOL Sale of ICQ Instant Messaging Business
Represented AOL in the sale of its ICQ instant messaging business to Mail.ru Group Limited.
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.
American Express’s divestiture of its global travel business
Representation of American Express in the divestiture of its global travel business to form a joint venture with Certares LP, which was the largest foreign investment ever in a travel management company and included Middle Eastern government-owned investors.
American Airlines on Global Ticket Inventory Distribution Agreements
Representing American Airlines on a series of global ticket inventory distribution arrangements with Amadeus, Sabre, and Travelport, and in information technology services agreements with Amadeus, Sabre, HP, and ITA Software (Google).
CFIUS counsel to AudioCodes in various acquisitions
Represented AudioCodes in its acquisitions of Netrake Corp and Nuera Communications.
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.
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.
Biofuels Manufacturing Plant on Contaminated Property
Represented a client on environmental matters relating to building a biofuels manufacturing plant on contaminated property on a waterway in New Jersey.
Acquisition of Viper Strike business
Represented Northrop in the sale of its Viper Strike business to MBDA.
Aerospace Company Recovers Defense Costs after Fraud Investigation
Search warrants executed simultaneously on both coasts triggered an aggressive investigation of alleged Cost Accounting Standards (CAS) violations. First, we persuaded the U.S. Attorney to terminate its criminal case. Next, we convinced the Department of Justice’s Civil Frauds division that the case had no merit. Finally, we obtained a dismissal on motion of a pending qui tam case. After winning on all fronts, the client was able to submit and recover allowable costs of defense, including legal fees.
Advising on Safe Harbor framework
Helping numerous companies self-certify under the Safe Harbor framework.
Advising global chemicals company on international data transfers
Advising a multinational chemicals company on international data transfers.
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.
Advising clients in complex transactional work with life sciences portfolios involving government contracts
Advised multiple clients on unique government contracting considerations in the sale or licensure of their life sciences portfolios to companies with a broad range of government contracting experience.
Advice to U.S. Ambassador appointee
Covington successfully represented an individual who was vetted and confirmed for an appointment as the U.S. Ambassador to a major European country.
Advice to major corporations on vetting issues
Covington advised major corporations on vetting issues related to cabinet appointments.
Advice regarding bid and proposal costs
Advised our client regarding the circumstances in which bid and proposal costs may be claimed as reimbursable costs under a USAID contract, despite agency directive purporting to make virtually all such costs unallowable.
Advice on the collection and use of employee data
Advised a major pharmaceutical client on the collection and use of its employees’ biometric information and social security numbers for internal purposes.
Advice on removing discriminatory regulatory barriers
Advised a client in its international efforts to remove discriminatory regulatory barriers threatening to keep its product from the market in South Africa, the EU, India, and elsewhere.
Atlas Pipeline Merger
Represented The Special Conflicts Committee of the Board of Directors of Atlas Pipeline Partners, L.P. in its $5.8 billion merger with Targa Resource Partners LP.
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.
AOL TCPA class action
Achieved dismissal of a putative class action against AOL alleging violations of the Telephone Consumer Protection Act. The complaint sought to hold AOL liable for misdirected text messages sent by users of AOL’s Instant Messenger system.
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.
Pay-to-play advice for corporations
Pay-to-play laws do not just apply to investment advisers. Any company with government contracts is potentially subject to these rules. To that end, we regularly help our corporate clients develop and implement pay-to-play compliance policies and procedures.
Pay-to-play advice for major hedge funds
We advise several major hedge funds on compliance with federal and state rules governing political contributions by government contractors, as well as lobbying registration laws that apply to hedge funds that seek investments from state and local public pension plans.
Utility Air Regulatory Group v. EPA Amicus Brief
Prepare and submit amicus brief to the Supreme Court on behalf of legislators in Utility Air Regulatory Group v. EPA, 134 S. Ct. 2427 (2014).
USA Pavilion at the 2010 Shanghai World Expo
Advice regarding sponsorship and financing negotiations for the proposed USA Pavilion at the 2010 Shanghai World Expo.
USTA in ESPN Broadcast Deal
Advised the United States Tennis Association Incorporated and ESPN, Inc. on an 11-year broadcast deal regarding telecasting the entire US Open exclusively on ESPN networks starting in 2015.
U.S./UK employment contract
Advised on employment and variable compensation aspects of dual US/UK employment contract for senior executive of FTSE 100 company.
U.S. Sanctions Application Advice
Advised major international oil and gas companies concerning the application of U.S. sanctions against Iran, Syria, and other U.S.-sanctioned countries to their businesses.
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.
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.
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.
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.
Turner Broadcasting System, Inc. in CBS Sports and NCAA Matters
Turner Broadcasting System, Inc. in the creation of its joint venture with CBS Sports and the venture’s 14-year television and new media rights agreement with the NCAA to present the Division I Men's Basketball Championship.
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.
Transfer of UK executive to India
Structured the cross-border tax and employment aspects of the transfer of a UK executive to an Indian entity for a U.S. conglomerate.
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.
Verizon Communications’ $7.5 billion annuity purchase
Represented Verizon Communications with respect to its pension plan’s $7.5 billion annuity purchase (one of the largest pension annuitization transactions in US history), and successfully defending Verizon against an attempt by retirees to block the transaction in court.
Wood Pellet Production Facility Development
Representing Wood Fuels LLC in development and financing of a wood pellet production facility in North Carolina.
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.
Wind Policy FERC Regulatory Matters
Advise American Wind Energy Association (AWEA) on FERC regulatory matters regarding wind and electricity policy.
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.
Whistleblower retaliation case
Successfully argued a whistleblower retaliation case arising under the False Claims Act in the U.S. Court of Appeals for the Fourth Circuit on behalf of a pharmaceutical company after winning dismissal at summary judgment stage.
Whistleblower discrimination summary judgment win
Won summary judgment and Ninth Circuit affirmance of a whistleblower/discrimination case brought against a major pharmaceutical company.
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.
Wells Fargo Bank Consumer Class Actions
Represented Wells Fargo Bank in consumer class actions under the laws of multiple states challenging fees, disclosures, and other banking practices.
Wellbutrin XL Antitrust Litigation
Represented Valeant Pharmaceuticals Int’l, Inc. in antitrust class action alleging wrongful exclusion of generic competition.
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.
Wal-Mart Smart Grid and Demand Response
Wal-Mart on smart grid and demand response issues.
Wachovia Bank, N.A. before the U.S. Supreme Court in the landmark preemption case
Representing Wachovia Bank, N.A. before the U.S. Supreme Court in the landmark preemption case, Watters v. Wachovia Bank, N.A., which held that federal preemption barred Michigan State officials’ efforts to regulate a mortgage subsidiary of Wachovia Bank.
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.
Village Roadshow Limited (VRL) on Theme Park on Hainan Island
Advised Village Roadshow Limited (VRL) on its destination theme park on Hainan Island, China. The theme park will focus on marine animal attractions, with a similar format to VRL’s Sea World on Australia's Gold Coast, and will also include a Wet ‘n Wild style water park.
Village Roadshow Entertainment Group Asia on Multiple Matters
Wide ranging advice to Village Roadshow Entertainment Group Asia, which has co-produced leading Chinese box office hits such as Stephen Chow’s “Journey to the West.”
Washington v. National Football League
Dismissing a purported class action antitrust suit brought by retired players alleging a conspiracy to restrain a market for the sale of their images and likenesses.
Policy advice in South Africa
We assisted a large trade association engage with the South African government on a number of issues, including IP and other issues related to the life sciences sector.
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.
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.
TerreStar Networks in Compliance Matter
Representation of TerreStar Networks, one of the companies that won a license to offer mobile satellite service (“MSS”) in the 2 GHz band, on critical milestone compliance and MSS spectrum allocation issues.
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.
Sony BMG Music Entertainment in Class Action Lawsuit
Representation of Sony BMG Music Entertainment in a class action lawsuit challenging royalties for downloading music and in connection with an insurance coverage dispute arising out of damage allegedly caused by DRM software included on music CDs.
“Small Refinery” Exemption Advice
Advise petroleum refiner regarding the scope and applicability of the “small refinery” exemption from the renewable fuel standard.
SES Americom on Advice and Advocacy at FCC and DOJ
For SES Americom, we provided advice and advocacy at the FCC and DOJ concerning the impact of the News Corp. acquisition of Hughes Electronics (and its subsidiary, PanAmSat), on competition in the satellite distribution services industry.
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.
Rural Local Exchange Carrier with Telecommunications Issues
Representation of one of the industry’s largest rural local exchange carriers as principal outside regulatory counsel in the U.S. in connection with universal service, intercarrier compensation and broadband compliance, investigations and policymaking proceedings.
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.
Human Rights Due Diligence
Conducting human rights due diligence exercises relating to the potential acquisition of multinational businesses (including a business subject to disclosure requirements relating to potential use of conflict minerals in its products).
Verizon in Dispute with RIAA
Representation of Verizon in a dispute with the Recording Industry Association of America over the application of safe harbor provisions of the Digital Millennium Copyright Act to subscribers’ sharing of music and other content using peer-to-peer services.
Pipeline System Restructuring
Texican in contesting a settlement involving SCANA’s proposed restructuring of its pipeline system.
Pharmaceutical Regulations as Hazardous Waste
Advise pharmaceutical companies regarding the regulations of pharmaceuticals as hazardous waste under RCRA.
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.
Pharmaceutical marketing programs
Advising global pharmaceutical companies on HIPAA and state privacy issues relating to pharmaceutical marketing programs.
Pharmaceutical manufacturer
We represented a pharmaceutical manufacturer during debate on the Patient Protection and Affordable Care Act (ACA) with regard to Medicare payment reform provisions.
Petroleum Refiner Defense in Private Tort Litigation
Defend petroleum refiner in private tort litigation regarding operation of a crude oil storage and transportation facility.
Pesticide Residue Tolerance Petition
Advise client regarding requirements for and practicalities of submitting a tolerance petition to EPA to allow pesticide residue to remain on food products.
Permitting Projects in Light of Siting and Mitigation Requirements
Advise RES-Americas on likelihood of completing the permitting of several projects in light of siting and mitigation requirements for eagles and other potential species of concern.
Plaza Bank in U.S. Justice Department’s “Operation Choke Point” Initiative
Representing Plaza Bank in the U.S. Justice Department’s “Operation Choke Point” initiative that focuses on banks doing business with third-party payment processors and pay-day lenders and alleges violations of FIRREA.
Pepco Holding's Conectiv Energy Sale
Represent Pepco Holdings, Inc. on the negotiation and sale of its 3800 MW Conectiv Energy wholesale power generation business to Calpine Corporation, including securing the necessary FERC approval under the Federal Power Act.
In re Automotive Parts Antitrust Litigation - Fuel Injection Systems
Represent Keihin Corporation in putative class actions alleging price-fixing in the fuel injection systems business.
In re Automotive Parts Antitrust Litigation
Represent Alps Electric in putative class actions alleging price-fixing in the heater control panel market.
Residential Solar Division Sale to groSolar
Borrego Solar Systems Inc. in connection with the sale of its residential solar division to groSolar Inc.
Vivint Solar Acquisition by SunEdison
Morgan Stanley as financial advisor to Vivint Solar, Inc. in its $2.2 billion acquisition by SunEdison, Inc.
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.
XM Satellite Radio on Insurance Claim
Advised XM Satellite Radio on an insurance claim arising out of the solar array anomaly in its two Boeing 702 satellites and have advised a leading aerospace insurance broker on the wording of satellite-in-orbit policies.
Young v Verizons Bell Atl Cash Balance Plan
Young v. Verizon’s Bell Atl. Cash Balance Plan, __ F. Supp. 2d __, 2009 WL 3677350 (N.D. Ill. Nov. 2, 2009). For Verizon, we secured a court order reforming a $1.7 billion drafting error in a pension plan formula. This was the first court order correcting a scrivener’s error in an ERISA plan.
Counsel to Aerospace Client on ITAR Issues
Advised major non-U.S. aerospace company regarding ITAR brokering issues relating to their business activities in Russia.Representation of US Client in Acquisition of Space Sector Company with Russian Presence
Advised a U.S. company on export controls, sanctions, and other issues associated with its acquisition of a U.S. company with space-related business activities in Russia.
Pohlad Family’s Acquisition of PaR Systems
Represented the Minnesota-based Pohlad family as regulatory counsel in its acquisition of PaR Systems, a leading provider of integrated robotic automation and specialized material handling solutions. We handled government contracts matters for the Pohlad family.
Medical Certification Organization on OSHA Regulatory Policies
Advised a major medical certification organization on potential changes to OSHA regulatory policies.
NRCC internal embezzlement investigation
Conducted an internal investigation for the National Republican Congressional Committee (NRCC) concerning a massive embezzlement scheme by its treasurer. We also represented the NRCC successfully in subsequent FEC and DOJ investigations.
Restrictions and Requirements on Borates in Eye Care Products
Provided regulatory and strategic advice to Johnson & Johnson on possible EU REACH restrictions and prior authorization requirements on the use of borates in eye care products.
San Francisco 49ers in Antitrust Challenge to Ticket Policies
Defending 49ers in class action antitrust challenge to its policies governing the printing of pdf copies of game tickets (Kazemzadeh v. San Francisco 49ers).
San Onofre Nuclear Generating Station Steam Generators Issues
Southern California Edison in connection with issues associated with the steam generators at San Onofre Nuclear Generating Station.
Smelter Site Claimed Legacy Liability and State Agency Negotiations
Advise client regarding claimed legacy liability for multiple century-old smelter sites in the state of Kansas, and negotiate with state agency regarding same.
Smart Grid Company Acquisition
Smart grid technology company in connection with its acquisition by a Fortune 200 company.
Smart Grid and Demand Response Issues for Multiple Clients
Multiple clients on smart grid and demand response issues, including legislation and federal regulatory policies.
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.
Securing Labor Peace for the NFL
Defended the 2011 lockout against the antitrust claims in Brady v. NFL; negotiated a comprehensive 10-year CBA providing labor peace.
Responding to a Congressional Inquiry
We represented a regional bank in responding to a congressional inquiry relating to a data breach.
SEC Disclosure Issues and Inquiries from SEC's Office of Global Security Risk
Publicly traded oil and gas companies on SEC disclosure issues associated with dealings in U.S.-sanctioned markets and in responding to inquiries from SEC’s Office of Global Security Risk.
Season 15 of CBS/Mark Burnett’s “Survivor”
China counsel for Season 15 of CBS/Mark Burnett’s “Survivor” (which was shot entirely in China).
Trial Win in Russian Media Corporate Control Dispute
After five-month bench trial, won verdict of nearly $30 million on behalf of New Media Holdings in multinational corporate control dispute over ownership of Ukrainian television network.
Satellite Provider in Seeking Broader Access to Markets in China, Mexico and Elsewhere
Representation of a satellite provider in seeking broader access to markets in China, Mexico and elsewhere, which allowed us to combine our trade and communications expertise.
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.
SandRidge Energy Secured Revolving Credit Facility
SandRidge Energy, Inc., a natural gas and crude oil exploration and production company, in a $1.1 billion secured revolving credit facility.
SandRidge Energy Sale to Sheridan Production Partners
SandRidge Energy, Inc., an oil and natural gas exploration and production company, in its $2.6 billion sale of Permian Basin properties in West Texas to Sheridan Production Partners.
SandRidge Energy Initial Public Offering
SandRidge Energy, Inc. in its initial public offerings of three royalty trusts sponsored by SandRidge, with aggregate proceeds of $1.5 billion.
SandRidge Energy Acquisition of Dynamic Offshore Resources
SandRidge Energy, Inc., an oil and natural gas exploration and production company in its $1.2 billion acquisition of Dynamic Offshore Resources, LLC.
SandRidge Energy Acquisition of Arena Resources
SandRidge Energy, Inc., a crude oil and natural gas exploration and production company, in its $1.6 billion acquisition of Arena Resources, Inc.
SEC Investigation Regarding Middle East Activities
A major oil company in a SEC investigation into activities in a Middle Eastern nation.
Global Human Rights Policies and Procedures
Working with leading multinational companies on their global codes of conduct and business ethics documentation with a particular focus on human rights issues, including anti-discrimination policies, data privacy, freedom of association, the use of whistleblower hotlines, and other areas.
Human Rights Training
Supporting clients with their internal training and awareness-raising programs and initiatives, and helping build the internal alliances necessary to formulate effective human rights plans.
Multi-Disciplinary Compliance Matters
Advising clients, including manufacturers across a range of industries on EU environmental and conflict mineral regulations and initiatives.
Supplier Relationships: Documents and Strategy
Advising a leading consulting firm on the drafting and implementation of its new supplier code of conduct, and the scope of related contractual clauses, audit rights, and other compliance documentation and issues.
Asia data privacy
Advising a global online travel company in relation to the company’s expansion in the Asian markets, including compliance with laws regulating the Internet.
Applicability of TSCA to Nanotechnology Manufacturer
Advise nanotechnology manufacturer regarding potential applicability of environmental laws, including TSCA, to manufacture of clothing treated with nanoscale substances.
Applicability of FIFRA and TSCA to Nanotechnology Manufacturer
Advise nanotechnology manufacturer regarding potential applicability of FIFRA and TSCA to manufacture of clothing treated with nanoscale antimicrobial substances.
Applicability of Environmental Laws to Nanoscale Substances in Clothing
Advise nanotechnology manufacturer regarding potential applicability of environmental laws, including FIFRA and TSCA, to manufacture of clothing treated with nanoscale substances.
API Amicus Curiae in U.S. Supreme Court
American Petroleum Institute as an amicus curiae in a U.S. Supreme Court case concerning the alleged “constructive” termination of a franchisor who sued under the PMPA.
Antitrust Litigation Concerning Obligations to License Technology
Representation of a technology company in antitrust litigation and a related arbitration concerning obligations to license technology.
Antitrust Licensing Dispute
Representation of a semiconductor manufacturer in antitrust licensing disputes.
Antitrust Aspects of XTO Energy Acquisition
ExxonMobil Corp. on antitrust aspects of its acquisition of XTO Energy, Inc.
Anti-money laundering compliance programs
Developing anti-money laundering compliance programs for banks, broker-dealers, money transmitters, providers and sellers of prepaid access, and dealers in precious metals.
Anti-kickback safe harbors
Developed for a major pharmaceutical client proposals for new potential safe harbors under the federal anti-kickback statute for potential submission to the OIG.
Animal Welfare Act Investigations and Compliance
Defense of administrative compliance actions and investigations brought by the USDA under the Animal Welfare Act and assistance with conducting internal investigations related to such actions.
Animal Health Product Import Issues
Representation of animal food and drug clients in connection with FDA and USDA import detentions, import refusals, re-exportations and destructions of refused imports, and successful petitions for removal from FDA Import Alerts.
Represent Microsoft in anticompetitive patent complaint against Motorola Mobility
Representation of Microsoft in connection with its complaint regarding the anticompetitive patent licensing practices of Motorola Mobility.
Report on Policy Options for Creation of Independent Regulatory Authorities in the EU
Researched and crafted a comprehensive report on the policy options for creation of independent regulatory authorities in the EU.
Renewable Energies Directive Regulatory and Legislative Advice
Provide regulatory and legislative advice regarding biofuel plants to an investment fund in connection with the European Union’s review of its Renewable Energies Directive and the adoption of sustainability criteria for biofuels.
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.
Reinstating Medicaid coverage
We assisted several pharmaceutical manufacturers in reinstating Medicaid coverage for products dropped from the program by the Centers for Medicare & Medicaid Services (CMS).
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.
Regulatory Aspects of Biofuels in Latin America
Represent Deutsche Asset Management on regulatory aspects of a biofuels project in Latin America.
Regulatory and Legislative Guidance in Start-Up Formation
Guidance in the formation of nanotechnology start-up company regarding regulatory and policy issues for its core technology and downstream applications.
Regulatory Advice on Applicable Pan-European WEEE and RoHS Requirements
Representation of a major manufacturer of semiconductor equipment in providing regulatory advice on applicable pan-European WEEE and RoHS requirements.
Regulation of Antique Ivory under the Endangered Species Act
Advise clients and submit comments regarding proposed rule changes regarding the African Elephant Conservation Act, Director’s Order 210, and related questions under the Endangered Species Act relating to regulation of antique ivory.
Refining and Marketing Joint Venture Antitrust Challenge
American Petroleum Institute as an amicus curiae in a U.S. Supreme Court case concerning an antitrust challenge to a refining and marketing joint venture.
REACH Regulation of Nanotechnology Companies
Assistance to companies on nanotechnology regulation under the EU chemicals regime (REACH).
REACH advice for chemical producers
We advised chemical producers and downstream users on emerging rules with respect to the registration, testing, and classification of chemicals (REACH).
RCRA Status and De-Listing Hazardous Waste
Advise fertilizer manufacturer on the RCRA status of various waste streams and the process for de-listing hazardous waste under RCRA.
Race and national origin discrimination jury trial win
Won a jury trial for a major credit card firm, defending claims based on race and national origin discrimination; and he obtained an award of $265,000 in attorneys' fees against the law firm of plaintiff's counsel.
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.
Public policy support for companies facing criminal investigations
A company facing a criminal investigation in Latin America turned to us for legal and policy advice.
Client in Financing National Wireless Telecommunications System
Representation of a client in financing a national wireless telecommunications system in India.
ChemGen Corp. Merger with Eli Lilly
Advise ChemGen in its merger agreement with Eli Lilly. The client became a wholly-owned subsidiary of Eli Lilly and an operating unit of Elanco, the animal health division of Eli Lilly.
CFIUS counsel to Check Point Software Technologies
Represented Check Point Software Technologies in the company’s acquisitions of NFR Security, Inc., security appliance business of Nokia, Liquid Machines, Inc., and PointSec Mobile Technologies.
Certification and Rate Approval for Interstate Pipelines
International Paper in obtaining certification and rate approval for the two interstate pipelines it owns.
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.
Celestial Pictures on PRC Regulatory Issues
Advised Celestial Pictures on certain PRC regulatory issues in connection with the formation of Celestial Tiger Entertainment, the joint venture Celestial formed with Lionsgate and the Saban Capital Group in late 2011.
Celestial Pictures on Intellectual Property Issues
Copyright and IP advice to Celestial Pictures, the owner of the Shaw Brothers library, the largest Chinese-language film collection in the world.
CBSInteractive in Various Service Agreements
CBSInteractive in various service agreements for digital media, wireless, and advertising services.
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.”
Carlyle Group acquisitions
Represented the Carlyle Group in various matters, including sale of Landmark and Standard Aero to Dubai Aerospace International, and proposed sale of John Maneely Company to OSJC Novolipetsk Steel.
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.
Campaign finance internal investigation for major financial institution
Conducted an investigation of past campaign finance activities to identify potential compliance concerns.
Calpine Acquisitions
Calpine and its subsidiaries in a $600 million acquisition of SkyGen Energy, and a $450 million acquisition of Cogeneration Corporation of America, each a developer, owner, and operator of independent power projects.
Chevron FEC enforcement matter
Obtained dismissal of an FEC complaint against Chevron alleging contributions to a Super PAC were illegal under the federal law banning political contributions by federal government contracts.
Cheyenne Plains Open Season Enforcement Investigation
Represent an oil and gas producer in FERC's enforcement investigation regarding the Cheyenne Plains Open Season and in a resulting settlement.
Children's Medicine Recall Class Actions
Represented Johnson & Johnson and McNeil Consumer Healthcare in consumer class actions arising out of recall of children’s medicines.
Clean Water Act Section 404
Advise wind power developer on EPA authority to veto Clean Water Act section 404 dredge and fill permits.
Clean-Up at Vieques Bombing Range
Represent the Commonwealth of Puerto Rico in the clean-up of unexploded ordnance (UXO) at Vieques bombing range.
Clean Air Act Compliance Advice
Advice to petroleum refiner on various compliance issues in connection with Clean Air Act rules that apply to refineries and associated facilities, including NSPS, MACT, and other issues.
Clean Air Act Advice to Overseas Electricity Generator
Advise overseas electricity generator regarding Clean Air Act and renewable energy developments in the United States in connection with potential strategic investments in the US electricity sector.
Class action FLSA consent judgment
Negotiated on behalf of a major health care network a class action FLSA consent judgment with the U.S. Department of Labor relating to overtime that avoided liquidated damages and civil money penalties while foreclosing any private right of action.
Citibank, N.A., and Citigroup in connection with OCC and Federal Reserve Consent Orders
Representing Citibank, N.A., and Citigroup in connection with negotiation of OCC and Federal Reserve consent and civil money penalty orders related to Citibank, N.A.’s foreign exchange (FX) trading business.
CIA Sales and Marketing Compliance
Review of device sales and marketing compliance policies in accordance with a Corporate Integrity Agreement.
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.
Represented major financial services company in FTC investigation
Represented a major financial services company in an investigation by the FTC of alleged exclusionary conduct with no action being taken against our client.
Represented electronics manufacturer in EU TFT-LCD investigations
Represented a global electronics manufacturer concerning all aspects of the European investigation into alleged collusion in TFT-LCD (1&2).
Animal Health FDA Enforcement
Assist animal health companies successfully respond to FDA enforcement actions, including Warning Letters and Form 483 observations.
Animal Feed and Pet Food Ingredient Regulation
Working with pet food and animal feed companies on preparing and filing GRAS notifications, food additive petitions and AAFCO feed ingredient definition applications for animal feed and pet food ingredients.
Animal Drug Regulation
Advising veterinary pharma companies on issues relating to abbreviated paths to drug approval and issues related to the Center for Veterinary Medicine’s new positioning on growth promotion claims for antibiotics used in human medicine.
Assessment of Proposed Communications Laws in Central and Eastern Europe Countries
Assessed proposed communications laws in countries in Central and Eastern Europe and the former Soviet Union.
Asset Purchase Agreement Dispute Regarding Legacy Contamination
Represent petroleum refiner in dispute under an asset purchase agreement regarding legacy contamination at a petroleum refinery.
Assist non-profit organization respond to state agency complaint
Advising a non-profit organization in its response to a campaign finance complaint filed with a state enforcement agency.
BSA and Other Software Publishers in Preparation of Amicus Briefs
Representation of Business Software Alliance and software publishers in preparation of amicus briefs filed in appellate and Supreme Court cases involving seminal copyright issues, including the Napster, AOL and Grokster cases.
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.
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.
Brady v. National Football League
Covington successfully represented the National Football League in a class-action antitrust case in which the NFL Players Association and ten prominent players sought to enjoin the NFL’s lockout of its player-employees. The U.S. Court of Appeals for the Eighth Circuit ruled for the National Football League, vacating the injunction entered by the District Court on the ground that the injunction violated the Norris-LaGuardia Act, which prohibits judicial interference in labor disputes.
BP Lead Counsel in Insurance Coverage Disputes Resulting from Deepwater Horizon Incident and Oil Spill
Lead trial and arbitration counsel for BP in insurance coverage disputes arising from the Deepwater Horizon incident and resulting oil spill in the Gulf of Mexico.
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.
Bevill Exemption Scope Counseling
Advise fertilizer manufacturer regarding the scope of the Bevill exemption for the processing of natural resources under RCRA.
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.
Benzene Emissions Toxic Tort Claims
An energy company in defending numerous toxic tort claims relating to alleged benzene emissions from an oil refinery in Texas.
Belo Corporation in Agreement with Weathernews Inc
Belo Corporation, an owner of television and radio stations and daily newspapers, in an agreement with Weathernews, Inc., an aggregator of digital content. Belo provided news and weather information, including video clips, for distribution by Weathernews to mobile telephones.
Amyris Representation in Europe
Represent Amyris, Inc. regarding antitrust and competition law, EU chemicals regulations (including “REACH”) and other European distribution arrangements and other areas where we have specialized expertise.
Belo Corp. in Formation of Joint Venture with Right This Minute LLC
Belo Corp. in the formation of a joint venture with Right This Minute LLC to produce and distribute alternative news programming to local television stations.
Battery Recycling in New York State
Advise client regarding New York state battery recycling plans.
Barrington Broadcasting's Arrangement with Granite Broadcasting
Barrington Broadcasting in a novel four-station shared services/joint-sales arrangement with Granite Broadcasting for coordinated television station operations in two markets.
Bank One and JP Morgan Chase
In securing a stay of antitrust and related class-action claims in deference to arbitration clauses in credit-card agreements. 361 F.Supp. 2d 237 (S.D.N.Y. 2005).
Baidu, Inc. in Media Venture
Representation of Baidu, Inc., China’s leading search engine, with respect to a media venture.
Automotive Parts Class Actions
Represented automotive parts suppliers in antitrust class actions alleging price-fixing for automotive wire harness systems and other parts.
AT&T against Claims of Misleading Advertisements
Representation of AT&T in a trial in the District of Maryland concerning claims by a competitor that AT&T’s advertisements for telephone calling cards were misleading.
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.
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).
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.
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.”
80-Member Media Coalition to Protect Journalists’ Rights
Led an 80-member media coalition in persuading Congress to introduce legislation to protect journalists’ rights to protect their sources.
Represented electronics manufacturer in EU DRAM investigation
Represented a global electronics manufacturer in the European investigation into alleged collusion in DRAM.
Represented a tech firm in FTC investigation of a standard setting organization
Represented technology firm in connection with a FTC investigation of a standard setting organization.
Represented a major U.S. transportation company in DOJ investigation
Represented a major U.S. transportation company in a DOJ investigation with no action taken against our client.
Represented a company in DOJ investigation of employee recruiting
Represented company in DOJ investigation of employee recruiting practices.
Representation of Sony Music Entertainment in IP related claims
Represent Sony Music Entertainment in matter involving contract and intellectual property claims by former music manager regarding 70’s rock act.
Resolution of copyright infringement matter for international video game publisher
Represented international video game publisher in copyright infringement claims by major record labels and publishing companies regarding licensing of sound recordings and compositions. Successfully resolved all claims without litigation.
Representation of Coalition of Oil and Gas Companies in Efforts to Pursue California Offshore Oil and Gas Leases
A coalition of eleven oil and gas companies whose efforts to pursue development of their California offshore oil and gas leases were thwarted by the federal government, recovering more than $1.0 billion, including judgment after trial on complex geological and reservoir engineering issues.
Representation of 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.
Smith Electric Vehicles Financing
Smith Electric Vehicles Corp. in its $35 million Series C preferred stock financing; in its $40 million Series D preferred stock financing; and in a private placement of convertible senior notes.
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.
ICSID Arbitration Against Latin American State
A French oil and gas independent in an ICSID arbitration against a Latin American state, in a dispute arising out of alleged breaches of a bilateral investment treaty and several production sharing agreements.
Navigating regulatory challenges for international investments
We advised a young exploration and production company on mitigating above-ground risk, preserving $4 billion in value in a Western African company, and navigating legal and policy issues surrounding hydrocarbon exploration and development in a non-self-governing territory.
Advice to major hedge funds
We advise various major hedge funds on all of their campaign finance and lobbying compliance issues, including state lobbying registration laws that apply to hedge fund marketing activities.
Advertising Transitions Negotiations Involving Paid-Programming
Negotiated advertising transitions involving paid-programming (or “infomercials”).
Advertising-Based Content Licensing Arrangements Negotiations
Negotiated advertising-based content licensing arrangements, including in print, broadcast, and online media, and those associated with mobile-telephone content.
Administrative Relief of Clean Air Act Penalties
Successfully represented a coalition of electric utilities in obtaining administrative relief from EPA from millions of dollars of Clean Air Act §185 nonattainment penalties.
Acquisition of U.S. Telecommunications Company
Advise European telecommunications company regarding acquisition of US telecommunications company.
Acquisition of IBM's semiconductor manufacturing business
Represented GLOBALFOUNDRIES in its acquisition of IBM’s semiconductor manufacturing business. The transaction was significant because IBM’s semiconductor business was the original member—and IBM remains the most significant participant— in the U.S. government’s Trusted Foundry Program.
AbbVie/Calico $1.5B collaboration
Assisting AbbVie in structuring and negotiating a novel collaboration with the Google-backed life sciences start-up company Calico to form a $1.5 billion to fund a program focused on aging and age-related diseases.
Advise a custody bank on customer collateral requirements
Provide advice to a major custody bank related to the CFTC requirements for customer collateral, including rules related to the interactions with futures commission merchants and clearinghouses.
Advise Leading Online Company on Global Compliance and Privacy Principles
Representation of a leading online company through advising on instituting global policies and procedures to comply with law enforcement demands for data consistent with best practice privacy principles.
American Athletic Conference Regarding Financial Aid Limits for Student Athletes
Represent the American Athletic Conference in a putative antitrust class action challenging NCAA and Conference rules on financial aid limits for student athletes. This lawsuit challenges the very existence of amateur collegiate athletics.
Amending the Dodd-Frank Act
We worked with a major financial trade association in a successful effort to amend a provision of the Dodd-Frank Act.
Alleged Natural Gas Trading Manipulation
Represent a natural gas trading company and six of its executives and employees in a wide-ranging ongoing FERC enforcement investigation, involving extensive data requests and depositions, of alleged manipulation of natural gas trading in early 2012.
Advocacy assistance on international environmental treaties
Advocacy assistance on issues related to the United Nations Framework Convention on Climate Change and the Kyoto Protocol, and lobbying on behalf of clients with respect to climate change legislation in the United States, in various states of the United States and in the European Union.
April 23, 2018, Inside Privacy
Last summer, Marcus Hutchins, the security researcher who stopped the “WannaCry” malware attack, was arrested and charged for his role in allegedly creating and conspiring to sell a different piece of malware, known as Kronos. As we have previously discussed on this blog, however, the indictment was notable for its lack of allegations connecting Hutchins...… ...
April 23, 2018, Inside Government Contracts
Pursuant to Executive Order 13636, the National Institute of Standards and Technology (“NIST”) established the Framework for Improving Critical Infrastructure Cybersecurity, Version 1.0, a technology-neutral, voluntary, risk-based cybersecurity framework that includes standards and processes intended to align policy, business, and technological approaches to ...
April 23, 2018, Inside Privacy
Pursuant to Executive Order 13636, the National Institute of Standards and Technology (“NIST”) established the Framework for Improving Critical Infrastructure Cybersecurity, Version 1.0, a technology-neutral, voluntary, risk-based cybersecurity framework that includes standards and processes intended to align policy, business, and technological approaches to ...
April 20, 2018, Global Policy Watch
Summary Next week will be a committee week in the European Parliament. Interesting votes, discussions and events will take place. On Tuesday, the European Parliament’s Committee on International Trade (“INTA”) will debate the draft parliamentary report on the Commission’s proposal for macro-financial assistance to Ukraine. The Commission proposes that the EU ...
April 20, 2018, Inside Tech Media
On April 17, the Federal Communications Commission (“FCC”) broke new ground in the agency’s role in national security policy by voting unanimously to approve a Notice of Proposed Rulemaking captioned “Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs” (the “NPRM”). The deadlines for filing comments and reply ...
April 20, 2018
LONDON—Covington advised BenevolentAI on an £80 million equity investment by new and existing investors, including Woodford Investment Management, at a pre-money valuation of £1.4 billion. The firm also recently advised BenevolentAI on its acquisition of Proximagen Limited, a Cambridge, UK-based drug discovery and development company, for an undisclosed ...
April 19, 2018, Inside Government Contracts
On April 2, 2018, GAO issued a final rule revising its existing regulations to implement a number of changes to its bid protest process. The new rule becomes effective on May 1, 2018. Several of these changes implement requirements in Section 1501 of the Consolidated Appropriations Act for FY2014 (“Act”), which directed GAO to institute...… Continue Reading The ...
The UK Government Seeks Views on the Regulation of Digital Markets for a Post-Brexit Great Britain
April 19, 2018, Inside Tech Media
The UK Government’s Department for Business, Energy and Industrial Strategy has just released a 75-page Green Paper on Modernising Consumer Markets, setting out the Government’s main priorities for the digital economy in a post-Brexit Britain. The Green Paper reflects on the current state of consumer markets and regulation, and lays down the key challenges ...
April 19, 2018
WASHINGTON—The BTI Consulting Group has named Covington lawyers Andrew Smith, Jonathan Sperling, and Allan Topol to its 2018 “Client Service All-Stars” list, which recognizes “the leaders in superior client service.” Mr. Smith, based in Washington, advises clients on retail financial services, credit reporting, privacy, technology, and e-commerce issues. He ...
April 18, 2018, Global Policy Watch
Today, 34 global technology and security companies announced that they have signed a Cybersecurity Tech Accord, which publicly commits them “to protect and empower civilians online and to improve the security, stability and resilience of cyberspace.” The signatories include Cisco, Dell, Facebook, HP, Intuit, and Microsoft.The text of the Accord references ...
Quarles: Fed would recalibrate eSLR if Crapo bill passes
April 18, 2018, Risk Magazine
Randy Benjenk is quoted in a Risk Magazine article regarding Randal Quarles' indication that the Federal Reserve will need to revisit its plans to recalibrate the enhanced supplementary leverage ratio for the largest banks if changes to the eSLR also become law. According to Benjenk, the agencies’ attempt to front-run the Crapo bill now looks too little, too ...
April 17, 2018, Inside Privacy
Today, 34 global technology and security companies announced that they have signed a Cybersecurity Tech Accord, which publicly commits them “to protect and empower civilians online and to improve the security, stability and resilience of cyberspace.” The signatories include Cisco, Dell, Facebook, HP, Intuit, and Microsoft. The text of the Accord references ...
Interactive Advertising Bureau Europe Opens Registration for Transparency and Consent Framework
April 14, 2018, Inside Privacy
IAB Europe opened the registration process for vendors and consent management providers (“CMPs”) to apply for approved status under IAB Europe’s Transparency and Consent Framework (“Framework”). The Framework intends to provide publishers that have decided that the interest-based advertising products available on their platforms require user consent to deploy a ...
April 13, 2018, Global Policy Watch
On April 10, Senators Richard Blumenthal (D-CT) and Ed Markey (D-MA) introduced new privacy legislation titled the Customer Online Notification for Stopping Edge-provider Network Transgressions (CONSENT) Act. In a statement published on his website, Senator Markey referred to the legislation as a “privacy bill of rights” and explained that “[t]he avalanche of ...
April 13, 2018, Global Policy Watch
Summary Next week, there will be a plenary sitting of the European Parliament in Strasbourg, France. Several significant debates, votes and committee meetings will take place. On Monday, Members of the European Parliament (“MEPs”) will debate a report by Norbert Lins MEP (DE, EPP) on the inclusion of greenhouse gas emissions and removals from land...… Continue ...
April 13, 2018, Inside Privacy
By Alyson Sandler On April 10, Senators Richard Blumenthal (D-CT) and Ed Markey (D-MA) introduced new privacy legislation titled the Customer Online Notification for Stopping Edge-provider Network Transgressions (CONSENT) Act. In a statement published on his website, Senator Markey referred to the legislation as a “privacy bill of rights” and explained that ...
April 12, 2018, Inside Government Contracts
On March 28, 2018, the Federal Register published proposed changes to the Civilian Board of Contract Appeals’ (“Board”) Rules of Procedure regarding appeals under the Contract Disputes Act (“CDA”). These proposed rules indicate that the Board wishes to: simplify and modernize access to the Board, clarify certain rules, and increase conformity between its rules ...
April 12, 2018, The Recorder
The Recorder highlights the arrival of Suzanne Bell to Covington's Technology Transactions practice. Bell says she was attracted to the firm's strong regulatory practice given the increased intersection between the technology sector and government regulations. Bell adds that she is looking forward to using her experience in technology transactions to assist ...
April 2018, Digital Health Legal
Brian Kelly and Raj Gathani are quoted in a Digital Health Legal article regarding a report published by the UK’s Care Quality Commission on "The state of care in independent online primary health services." According to Kelly and Gathani, “The report illustrates some of the teething problems in the inspection system, particularly when applied to online ...
April 11, 2018, Law360
Marney Cheek is quoted in a Law360 article regarding issues that could exist under USTR Lighthizer's proposed alternatives to investor-state arbitration in a renegotiated NAFTA. "I think the main problem with his proposed solutions is that they're all limited in scope, and so there's very serious enforcement gaps," says Cheek. Commenting on the fact that ...
April 11, 2018, The Recorder
Scott Kamholz is quoted by The Recorder in an article regarding USPTO Director Andrei Iancu's ideas for reforming the patent system. “My sense is that [Iancu] is not focused on harmonizing outcomes at the PTAB and district court, but rather to give both the PTAB and district judges more basis to rely on each other’s claim constructions,” Kamholz says. “That will ...
April 10, 2018, Inside Tech Media
At the end of 2017, China’s Communist Party Central Committee and the State Council jointly circulated an Action Plan for Promoting Scale Deployment of Internet Protocol Version 6(IPv6)(“Plan”), and set detailed targets and steps for the next few years, aiming full transition to IPv6 by 2025. According to the Plan, China is aiming to establish...… Continue ...
April 10, 2018, Global Policy Watch
Today a three-week work period begins for Members of Congress arriving back in Washington, where President Trump has remained active (including via his Twitter account). The President has announced initiatives to address a host of topics, from immigration reform to international trade, as well as personnel changes within his Cabinet and White House staff. With ...
Leaders call for free trade for Africa
April 10, 2018, African Law & Business
Witney Schneidman is quoted in an African Law & Business article regarding a continental free trade agreement signed by over 40 African governments. According to Schneidman, “The signing of the [African Continental Free Trade Area (AfCFTA)] is a significant development and should be supported by all of the region's partners.” He notes, “AfCFTA culminates years ...
April 6, 2018, Inside Energy & Environment
In its recent landmark Order No. 841, FERC directed Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) to remove barriers to participation by electric storage resources in their wholesale electricity markets. The expectation is that each RTO/ISO will adopt rules that recognize and compensate physical and operational ...
April 6, 2018, Inside Tech Media
The UK House of Lords Select Committee on Communications has recently opened a Public Consultation on ‘The Regulation of the Internet’, with submissions being accepted until Friday 11 May. The Call for Evidence can be accessed here. The nine questions posed are relatively broad in scope, including: whether there is a need to introduce specific...… Continue ...
April 6, 2018, Global Policy Watch
While the din over a possible government shutdown dominated the headlines, political law played a supporting role in the recently enacted Consolidated Appropriations Act (Pub. L. No. 115-141). The content and omissions of the so-called “Omnibus” spending bill will be of interest to political actors in all sectors, but particularly those operating nonprofit ...
April 6, 2018, Global Policy Watch
Summary Next week will be a political group week in the European Parliament. Members of the European Parliament (“MEPs”) will return from their Easter break and gear up for the Parliament’s plenary session that will be held from April 16 to 19, in Strasbourg. A few interesting meetings will also take place in committee. On...… Continue Reading
April 5, 2018, Inside Political Law
While the din over a possible government shutdown dominated the headlines, political law played a supporting role in the recently enacted Consolidated Appropriations Act (Pub. L. No. 115-141). The content and omissions of the so-called “Omnibus” spending bill will be of interest to political actors in all sectors, but particularly those operating nonprofit ...
April 4, 2018, Global Policy Watch
Last week, South Dakota became the 49th U.S. state to enact a data breach notification law with the passage of S.B. 62, which sets forth requirements for notifying state residents, the state attorney general, and major consumer reporting agencies in the event of a breach. The law, which will take effect on July 1, 2018,...… Continue Reading
April 4, 2018, Inside Energy & Environment
On March 8-9, 2018, a bespoke group of approximately 200 leading entrepreneurs, investors and advisors focused on deploying and commercializing cutting edge technologies gathered in Monte Carlo from across the globe for the 11th annual CleanEquity® Monaco Conference. Complementing other plenary sessions and emerging company presentations, the conference ...
April 4, 2018, Inside Government Contracts
[This article was originally published in Law360 and has been modified for the blog.] This was not an April Fools’ Day joke: The New York Buy American Act (“NY BAA”) went into effect on April 1, 2018. Signed by Governor Andrew M. Cuomo in December 2017 and championed by state legislators on both sides of...… Continue Reading The post Key Takeaways From The “New ...
April 4, 2018, Inside Tech Media
BEREC, the Body of European Regulators for Electronic Communications, recently held its 34th public debriefing in Brussels. It confirmed, among other developments, that it has made 5G a strategic European priority for the next 3 years, and has opened a public consultation on the European Net Neutrality Rules – which will run until April 25...… Continue Reading
April 3, 2018, Inside Privacy
Last August, the Department of Justice arrested and indicted Marcus Hutchins, the security researcher who accidentally discovered the “kill switch” that stopped the “WannaCry” malware attack. Hutchins was not charged for anything to do with WannaCry, but rather for creating and conspiring to sell a different piece of malware, the “Kronos Banking trojan.” Apart ...
April 3, 2018, Inside Privacy
[This article was originally published in Law360] Last week, South Dakota became the 49th U.S. state to enact a data breach notification law with the passage of S.B. 62, which sets forth requirements for notifying state residents, the state attorney general, and major consumer reporting agencies in the event of a breach. The law, which...… Continue Reading
April 3, 2018, Global Policy Watch
The Chinese government has announced that it is raising tariff duties on 128 products imported from the United States into China in retaliation for the Trump Administration’s Section 232 tariffs on steel and aluminum imports into the United States. The new Chinese tariffs went into effect on April 2. The 128 targeted products fall into...… Continue Reading
April 3, 2018, Inside Government Contracts
GSA recently announced it is supporting an Inspector General investigation into alleged, third-party fraudulent activity in the System for Award Management (“SAM”). The GSA announcement suggests that fraudulent SAM accounts may have been used to divert certain federal payments to unauthorized bank accounts. The announcement does not elaborate on the scope of ...
If Shulkin Didn’t Resign, Who Runs the VA Until a New Secretary Is Confirmed? A Vacancies Act Puzzle
April 3, 2018, Inside Government Contracts
Recent news reports have raised a substantial question about who has authority to run the Department of Veterans Affairs (“VA”) in the wake of Dr. David Shulkin’s departure from the agency. According to the White House, Dr. Shulkin resigned. Meanwhile, Dr. Shulkin himself has publicly insisted that he did not resign and was instead fired....… Continue ...
What will happen on May 26? We asked Helen Dixon
April 3, 2018, IAPP
Henriette Tielemans participated in a session at the Global Privacy Summit and is quoted in an IAPP article regarding what happens once GDPR goes into effect. "For a lead regulator for the one-stop shop, you need a mean establishment. You lose a lot of the benefits of the GDPR if you're unable to come up with what your main establishment is," Tielemans said.
Covington Expands in EU With Opening Of Frankfurt Base
April 3, 2018, Law360
Timothy Hester and Thomas Heymann are quoted in a Law360 article regarding the opening of Covington's new Frankfurt office. According to Hester, “Covington will offer German companies a unique capability to help them navigate through their most complex and consequential business issues in their most important international markets." He adds, “Our new German team ...
China’s internet lenders fall foul of data privacy rules
April 1, 2018, Financial Times
Yan Luo is quoted in a Financial Times article regarding survey findings that suggest that more than half of Chinese internet finance lenders are failing to comply with data privacy regulations. According to Luo, “Investors should certainly expect more government scrutiny on their business model from a data protection perspective."
March 30, 2018, Global Policy Watch
The arms race was a defining element of the Cold War between the U.S. and its allies, and the Soviet Union. President Trump’s recent proposal for $60 billion in unilateral actions against China presages a pitched 21st century battle over technological supremacy, with fateful consequences for the world order. The Trump Administration rightly sees that...… ...
EPA set to roll back rules on clean cars
March 30, 2018, MSNBC
Jake Levine appeared on MSNBC to discuss the Trump Administration's plan to roll back fuel economy standards.
March 29, 2018, Inside Tech Media
In its latest installment of the Transformers series, The Washington Post hosted key industry and thought leaders to discuss the current and future implications of artificial intelligence (“AI”). A number of themes emerged from the two-hour discussion. First, all panelists agreed that AI will be a useful tool to amplify and extend human skills, but...… Continue ...
FTC Signals Tougher Stance on Mobile Privacy Protection
March 29, 2018, E-Commerce Times
Catlin Meade and Yaron Dori are quoted in an E-Commerce Times article regarding the FTC's recent report on mobile privacy protection. According to Meade, the FTC's interest in mobile security updates and notification procedures could be more of an evolutionary development rather than a fresh enforcement initiative, given the agency's long interest in mobile ...
Irish Regulator To Eye Transparency In GDPR Enforcement
March 29, 2018, Law360
Henriette Tielemans spoke at an IAPP event and is quoted in a Law360 article regarding the Irish privacy authority's focus once GDPR takes effect. According to Tielemans, while “the GDPR has 150 articles, and businesses are worried about all 150 of them,” companies are most concerned about the regulators’ ability to issue massive fines of up to 4 percent of ...
March 28, 2018, Inside Political Law
Washington is awash with lobbyists seeking to address new steel and aluminum tariffs, and other potential tariffs, on behalf of both foreign and domestic clients. Lobbying on trade issues in some circumstances may trigger Foreign Agents Registration Act (“FARA”) obligations. The connection between trade lobbying and FARA was the subject of close scrutiny ...
Covington Opens Frankfurt Office
March 28, 2018
LONDON—Covington will open an office in Frankfurt, Germany on April 3 led by eight partners. Frankfurt will be the firm’s third European office and will work closely with the firm’s five offices in the United States, its three offices in Asia, and its offices in the Middle East and Africa. “Covington will offer German companies a unique capability to help them ...
Why tariff lobbying may trigger FARA
March 28, 2018, Politico
Politico highlights a recent Covington alert examining how lobbying on aluminum and steel tariffs may have FARA implications. "Companies that are engaging with Congress and the executive branch on trade issues may be surprised to find that their advocacy could have FARA implications," the alert reads. "FARA is a notoriously tricky statute, with broadly worded ...
March 28, 2018, Legal Business
Timothy Hester and Thomas Heymann are quoted in a Legal Business article regarding the opening of Covington's new Frankfurt office. According to Hester, "Our new German team is of outstanding quality and will provide important synergies with the firm, including our London and Brussels offices and will allow us to serve the needs of our clients who have legal ...
Covington wades into Germany with Frankfurt launch
March 28, 2018, The Lawyer
Thomas Heymann and Louise Nash are quoted by The Lawyer in an article highlighting the opening of Covington's Frankfurt office. According to Heymann, “We proudly look back on 12 years as an independent German law firm and we thank our clients for the trust they have placed in us and for the many years of great cooperation. We are convinced that adding ...
March 28, 2018, The National Law Journal
Thomas Heymann and Louise Nash are quoted by The National Law Journal in an article regarding the opening of Covington's new Frankfurt office. “Covington will be a fantastic platform to further develop our technology and transaction practices,” says Heymann. “This will be a great fit.” According to Nash, “There is a strong, untapped opportunity for Covington ...
Eric Holder, Unleashed
March 28, 2018, The AmLaw Litigation Daily
Eric Holder was featured by The AmLaw Litigation Daily in an article describing his many roles and responsibilities both at the firm and beyond. According to Timothy Hester, Holder is "involved in a lot of important issues of the day, but he’s also involved in very important issues for our client base." Hester adds, “He’s thrown himself into the life of our ...
March 27, 2018, Inside Privacy
Henriette Tielemans, co-chair of Covington’s global Data Privacy and Cybersecurity practice, has today received the IAPP Privacy Vanguard Award, the industry’s top honor, for her lifelong services to the data privacy community. The International Association of Privacy Professionals (IAPP) is the world’s largest and most comprehensive global information privacy ...
March 27, 2018
BRUSSELS—Henriette Tielemans, co-chair of Covington’s global Data Privacy and Cybersecurity practice, has today received the IAPP Privacy Vanguard Award, the industry's top honor, for her lifelong services to the data privacy community. The International Association of Privacy Professionals (IAPP) is the world’s largest and most comprehensive global information ...
March 27, 2018, IAPP
Henriette Tielemans was the recipient of the 2018 IAPP Privacy Vanguard Award, a recognition reserved for individuals who display “exceptional leadership, knowledge, and creativity in the field of privacy and data protection.”
March 26, 2018, Inside Tech Media
Artificial intelligence and big data are some of the new technologies dominating discourse in 2018. These technologies are expected to change the way that we travel, learn, and transact. However, this forecast is less clear for the least developed countries (LDCs). According to a United Nations study, science and technology and resource and development ...
March 26, 2018, Inside Privacy
On March 23, 2018, Congress passed, and President Trump signed into law, the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which creates a new framework for government access to data held by technology companies worldwide. The CLOUD Act, enacted as part of the Consolidated Appropriations Act, has two components. Part I: Extraterritorial Reach of...… ...
March 25, 2018, Inside Privacy
Artificial intelligence promises to be a paradigm shift for many applications from manufacturing to finance, and from defense to education. Given the vast potential, focus on AI has sharpened around the world, including in China. Decision makers in Beijing and around the country are paying attention and have begun shaping a legal and policy regime...… Continue ...
International Trade Commission Drops US Steel's Antitrust Claims Against Chinese Steelmakers
March 23, 2018, The American Lawyer
Derek Ludwin and James O'Connell are quoted by The American Lawyer in an article examining a decision by the ITC stating that United States Steel cannot bring antitrust claims against 40 Chinese steel manufacturers over alleged price-fixing. Ludwin, who represents Baosteel America with O'Connell and Sturgis Sobin, says that even though Section 337 is not often ...
March 23, 2018, Law360
Bart Van Vooren is quoted in a Law360 article regarding the draft treaty signed by European Union leaders to move forward Brexit negotiations, including a 21-month transition deal. As a matter of international law, EU law will apply “in and to” the UK up to and during the transition period, says Van Vooren. But, he adds, “this is not the same as ‘equating’ the ...
GDPR drives global privacy compliance now, but still unclear whether it will become de facto global standard, experts say
March 23, 2018, MLex
Lindsey Tonsager recently spoke at the BCLT Privacy Law Forum in Silicon Valley is quoted in an mLex article discussing whether GDPR will automatically become a global privacy standard. Tonsager said that working with companies that depend on AI technology to become compliant with the GDPR “is incredibly, incredibly challenging." Commenting on modifications to ...
China hits back at up to $60 billion in U.S. tariffs with only with $3 billion of its own
March 22, 2018, CNBC
Timothy Stratford is quoted in a CNBC article regarding China's response to U.S. tariffs on Chinese imports. "They want to show that they have taken note of U.S. actions and are going to be strongly resisting, but they don't want to be seen as escalating things further," says Stratford. "The Chinese recognize that everyone has a lot to learn if the U.S. and ...
March 22, 2018, CNBC
Timothy Stratford appeared on CNBC to discuss China's response to U.S. tariffs. "Well I think the Chinese have consistently been quite measured. I think they recognize that everyone has a lot to learn if the U.S. and China move into a trade war."
March 21, 2018, Inside Political Law
As the 2018 mid-term season approaches, viewers may be seeing fewer issue advertisements paid for by so-called “dark money” groups. In a consequential decision, a federal court in Washington, D.C. concluded yesterday that all “electioneering communications” presumptively count as political spending for purposes of determining whether a group should register as ...
China to Target Trump's Base in Tariff Response
March 21, 2018, The Wall Street Journal
Timothy Stratford is quoted by The Wall Street Journal in an article regarding plans by China to impose tariffs in response to President Trump's punitive measures. According to Stratford, the current trade environment could prompt U.S. companies to reconsider the long-term importance of the Chinese market. “Gradually we may feel compelled to diversify until ...
March 20, 2018, Inside Political Law
Yesterday, Washington State Governor Jay Inslee signed into law the DISCLOSE Act, a law that imposes new donor disclosure requirements on politically active nonprofits. Under the new law, a nonprofit entity—including, but not limited to a charity, educational institution, advocacy group or trade association—may be required to register with the state as an ...
March 20, 2018, Inside Government Contracts
Following instructions from Congress to create a new online shopping system leveraging existing commercial practices, the General Services Administration (“GSA”), in coordination with the Office of Management and Budget (“OMB”), has released an implementation plan (“Plan”) to begin e-commerce purchases by 2019. As discussed in a previous blog post, GSA’s Plan ...
March 20, 2018
WASHINGTON—DCA Live has named Covington’s Adam Studner to its “2018 Rising Stars of Law 40 Under 40” list. Mr. Studner’s practice focuses on white collar criminal matters, internal corporate investigations, and compliance counseling. He regularly represents clients in Foreign Corrupt Practices Act and corruption-related internal investigations and risk ...
March 19, 2018, Inside Tech Media
The “Internet of Things” (IoT)—the network of consumer devices connected to the Internet through digital connections and sensors—has dramatically grown over the past five years. A McKinsey analysis estimated that the potential annual economic impact of IoT in 2025 could be between $4 trillion and $11 trillion, with value accruing in manufacturing, urban spaces, ...
March 16, 2018, Inside Government Contracts
On Tuesday, March 13, 2018, Oregon Governor Kate Brown signed into law House Bill 4005 (HB 4005), which imposes substantial new state reporting requirements on pharmaceutical manufacturers regarding drug pricing, including details on manufacturer-sponsored patient assistance programs. HB 4005 also imposes new reporting requirements on health insurers and ...
March 16, 2018, Inside Government Contracts
A generic pharmaceutical distributor, Acetris Health, LLC, has challenged the Final Determination of U.S. Customs and Border Protection (“Customs”) that Acetris’ generic prescription drug, Rosuvastatin Calcium Tablets (“Rosuvastatin”), is a product of India, the place where the active pharmaceutical ingredient (“API”) is produced. If successful, the challenge ...
March 15, 2018, Inside Political Law
In recent months, Congress’s efforts to reform dramatically the Foreign Agents Registration Act (“FARA”) have picked up steam. As we explained in our recent FARA guide, FARA is a complex and broadly worded criminal statute that requires any “agent of a foreign principal” to register with the Department of Justice and file detailed public reports...… Continue ...
March 15, 2018, Inside Political Law
The Federal Election Commission (FEC) unanimously approved a Notice of Proposed Rulemaking, beginning the formal process of amending the agency’s regulations on internet political disclaimers. The proposal and the Commissioners’ comments at the hearing reflect a fair amount of consensus on how to refashion rules that have been the source of significant disputes ...
UK And EMA Could Work Together Informally After Brexit
March 15, 2018, The Pink Sheet
Bart Van Vooren and Peter Bogaert are quoted by The Pink Sheet in an article regarding the future relationship between the UK and the European Medicines Agency following Brexit. According to Van Vooren, the EU "considers that cherry-picking the benefits of the internal market on a sector-by-sector basis, combined with a request to be able to influence the rules, ...
Covington Internet of Things Update: “Secure by Design” – UK Government’s Proposed Code of Practice
March 14, 2018, Inside Tech Media
The UK government has published a Proposed Code of Practice for Security in Consumer IoT Products and Associated Services promoting a “secure by design” approach to designing, manufacturing and delivering internet-connected products and services. The Proposed Code forms part of the government’s National Cyber Security Strategy (2016-2021) and complements the ...
March 14, 2018, Law360
Alan Larson recently spoke at a House Committee on Foreign Affairs hearing regarding export control regulations and foreign investment reviews that would protect national security and is quoted in a Law360 article. “It is important to manage the resources of CFIUS efficiently, so that it focuses especially intensely on transactions that are the most complex and ...
March 14, 2018, Communications Daily
Ann Bobeck spoke at an FCBA event and is quoted in a Communications Daily article discussing views from broadcast lawyers who would like the FCC's monthly media deregulation effort to tackle kids' video rules, quarterly issues, and program lists and ownership reports. With content for kids available on nonbroadcast platforms and time-shifted viewing common, it's ...
March 13, 2018, Inside Tech Media
Thermostats you control remotely with your phone. Watches that track runs and provide turn-by-turn navigation. Cars that drive themselves. The Internet of Things (IoT) is a remarkable ecosystem providing innovative and sometimes unexpected functions. But as the number and sophistication of connected devices increases, so too does the need for the infrastructure ...
March 12, 2018, Inside Government Contracts
Late last month, the National Institute of Standards and Technology (“NIST”) released a set of documents for public comment that are aimed at helping contractors assess and implement compliance with NIST Special Publication (“SP”) 800-171, which establishes the standards for protecting Covered Defense Information (“CDI”), among other forms of Controlled ...
March 12, 2018
WASHINGTON—Christopher Adams has joined Covington as a Senior Advisor in the Public Policy and Government Affairs and International Trade practices in Washington. Mr. Adams will focus on China policy and trade issues. Mr. Adams most recently served as the Senior Coordinator for China Affairs at the Treasury Department. He coordinated China policy issues across ...
March 12, 2018, Inside U.S. Trade
Shara Aranoff spoke at an event hosted by Georgetown Law and is quoted in an Inside U.S. Trade article regarding the U.S. Court of International Trade's decision to deny a request by three Canadian solar panel producers for a temporary restraining order that would have suspended safeguard measures the U.S. imposed on all countries in January. According to ...
It's omnibus week
March 12, 2018, Politico
Timothy Hester is quoted in a Politico article regarding Christopher Adams' recent arrival as a Senior Advisor in Covington's Public Policy and Government Affairs and International Trade practices. “Chris’ addition further strengthens the firm’s China practice and deepens our expertise and capability to help clients in one of the world’s largest and most ...
Does the EU competition watchdog need a shorter lead?
March 12, 2018, The Times
Andrea Zulli is quoted by The Times in an article regarding action taken by UPS to sue the EU's antitrust watchdog for blocking its merger with TNT Express. According to Zulli, the European Commission is “highly competent” in its merger reviews. “However, it would be a welcome move if the ECJ confirmed the General Court’s judgment in the UPS case. It is key for ...
Disputing Proposed Tax Regs Is Growing, Panel Says
March 9, 2018, Law360
Starling Marshall spoke at an event hosted by the Federal Bar Association and is quoted in a Law360 article regarding the growing legal strategy to challenge proposed tax regulations. According to Marshall, lawyers can challenge tax regulations on several grounds. Courts have ruled that the IRS must follow the Administrative Procedures Act, giving notice and ...
Dialogue with Yang Rui
March 7, 2018, CGTN
Timothy Stratford appeared in CGTN's "Dialogue with Yang Rui" to discuss President Trump's announced tariffs on steel and aluminum imports. According to Stratford, "Usually what happens when you impose these sorts of measures is you're trying to protect one particular industry but often the overall costs to the economy are great."
Transition period unlikely to threaten City of London
March 7, 2018, Global Risk Regulator
Lord Francis Maude is quoted in a Global Risk Regulator article regarding the proposed transition period after the UK leaves the EU. "I’m not worried about the transition period if it is for a couple of years,” says Maude. “Typically, when new regulation is introduced, there is at least a two-year implementation period. It is possible some new regulation is ...
March 6, 2018, Borderlex
John Veroneau is quoted in a Borderlex article regarding President Trump's planned tariffs on steel and aluminum imports. “The systemic concern is that at the WTO, there has been a practice of allowing countries to effectively self-define their own notions of national security and there has been an understandable deference to WTO members on this basis,” says ...
March 6, 2018, Law360
John DeBoy is quoted in a Law360 article regarding a recent Third Circuit ruling that gives medical device makers a legal shield for products composed of parts with various levels of regulatory approval. "[The decision] marks a step forward in clarifying the law on the component question,” says DeBoy. “Some federal district courts have applied an analysis ...
March 2, 2018
NEW YORK—Covington advised Mavis Tire Holdings LLC, and its family owners, and other owners, including investment funds managed by ONCAP, in its agreement to merge with Express Oil Change & Tire Engineers, a Golden Gate Capital portfolio company, creating one of the largest independent automotive service platforms in the United States. Mavis Discount Tire, based ...
The five-minute management idea: wearable tech
March 2, 2018, Chartered Management Institute
Daniel Cooper is quoted in a Chartered Management Institute article regarding wearable technology. Providing the legal perspective, Cooper says, "Any employer processing personal information is subject to a range of obligations–this includes making sure they’re very transparent about what they collect, ensuring they have a legal basis for processing that data. ...
March 2, 2018, The Washington Post
John Veroneau is quoted by The Washington Post in an article regarding President Trump's plan to impose tariffs on imported steel and aluminum. According to Veroneau, “Applying tariffs to Canada, despite its being part of the U.S. defense industrial base since the 1940s, will strengthen WTO claims that this decision is not really about national security."
March 2, 2018, Greater Baton Rouge Business Report
Matthew Shapanka is quoted in a Greater Baton Rouge Business Report article regarding the state of the U.S. patent system. “The patent system is the backbone of invention,” says Shapanka. “The Stronger Patent Act tries to bring back some of the fairness to the patent system.”
March 2, 2018, FDA Week
Thomas Cosgrove spoke at the Energy & Commerce health subcommittee hearing to discuss bills that would amend the CSA with a goal to stem the opioid crisis and is quoted in an FDA Week article. According to Cosgrove, "Virtually all manufacturers of 'solid oral' drugs in the United States use tableting or encapsulating machines in some form," including ...
March 1, 2018, Financial Times
John Veroneau is quoted in a Financial Times article regarding President Trump's decision to impose new tariffs on imports of steel and aluminum. “This will either close the door on being able to self-define ‘national security’ or open the door on being able to block imports simply by waving the ‘national security’ flag," says Veroneau.
March 1, 2018, CQ News
Robert Kelner is quoted in a CQ News article regarding the current status of foreign lobbying bills. According to Kelner, the bills take a “blunt” approach to foreign lobbying that could inadvertently sweep in even U.S.-based companies as foreign agents.
February 28, 2018, Inside Political Law
Covington today issued the third edition of its Chiefs of Staff manual on handling investigations of Members of Congress and Congressional staff. The manual was originally published in 2014, but has been updated twice since then. The new third edition includes some of the latest available statistics and examples. This manual is intended to advise...… Continue ...
Handling Investigations of Members of Congress and Congressional Staff
February 28, 2018, Covington Report
In the highly politicized world of investigations involving Members of Congress and congressional staff, taking the right steps in the first hours and days can mean the difference between a swift resolution and a years-long crisis.
February-March 2018, Pratt’s Privacy & Cybersecurity Law Report
Covington Successfully Represents Discovery Communications In DOJ Investigation Into Its Acquisition of Scripps Networks
February 27, 2018
WASHINGTON—Covington successfully represented Discovery Communications, Inc. in a U.S. Department of Justice investigation into Discovery’s acquisition of Scripps Networks Interactive. Discovery announced earlier today that the DOJ closed its investigation into the transaction. Discovery announced in July 2017 that it had reached a definitive agreement to ...
February 27, 2018, Covington Alert
Yesterday (February 26, 2018), six days after hearing the motion, Judge William B. Shubb of the U.S. District Court granted, in part, a preliminary injunction, enjoining California’s Proposition 65 warning requirement for glyphosate. The court concluded that the Plaintiffs had demonstrated a likelihood of success on the merits that the State’s glyphosate warning ...
February 22, 2018, Inside Energy & Environment
FERC has approved a final rule requiring generating facilities that interconnect to the grid to provide primary frequency response.[1] Primary frequency response actions are needed to stop extraordinary deviations from the grid’s target frequency that could cause grid instability. The North American Electric Reliability Corporation, the group responsible for ...
February 22, 2018, The Recorder
Keir Gumbs is quoted by The Recorder in an article regarding the SEC's recently issued guidance on cybersecurity. Gumbs says that he is disappointed the guidance does not give more clarity about how to determine when a cyber breach is material—or provide any kind of safe harbor for companies that make good-faith determinations about the scope of a breach that ...
David Luttinger Joins Covington’s Insurance Practice
February 21, 2018
NEW YORK—David Luttinger has joined Covington as a partner in the firm’s Insurance Recovery practice in New York. Mr. Luttinger has more than 20 years of experience representing clients in the insurance coverage field, including extensive trial work in judicial and arbitral forums across the country. His experience in the coverage area includes disputes over ...
February 20, 2018, The National Law Journal
Stephen Humenik is quoted by The National Law Journal in an article regarding the CFTC's collaboration with the UK Financial Conduct Authority to enhance innovation in the financial technology sector. According to Humenik, “The approach here is important because the derivatives markets are global in nature and these cross-border initiatives are very important to ...
February 17, 2018, Inside Energy & Environment
Earlier this week, President Trump released the outline of his infrastructure plan, which includes over three dozen proposals intended to reduce delay, inefficiency and redundancy in the project permitting process. The plan contemplates amendments to major federal environmental statutes, including the National Environmental Policy Act, the Clean Air Act, and ...
February 17, 2018, Inside Energy & Environment
Energy storage has frequently been cited as the critical missing link in an electric infrastructure designed to maximize the benefits of cheap, renewable energy. Because energy from the sun and the wind is inherently intermittent, it has not been able to satisfy a round-the-clock need for electricity. And in many places we’ve built more renewable...… Continue ...
February 17, 2018, Inside Energy & Environment
The Federal Energy Regulatory Commission (FERC), with four new Commissioners confirmed during the latter half of 2017, including a new Chairman, is taking a critical next step toward clearing away obstacles to wholesale market participation by storage resources, a key emerging technology. At its recent public meeting, FERC approved a final rule that largely ...
US eyes global tariff of ‘at least’ 24% on steel imports
February 16, 2018, Financial Times
John Veroneau is quoted in a Financial Times article regarding U.S. Commerce Secretary Wilbur Ross' recommendation to impose a global tariff on imports of steel and aluminum. According to Veroneau, the “failure to categorically exclude Canada” and other allies “shows that this is not really about national security." He adds, “Section 232 is simply being used as ...
February 16, 2018, Covington Alert
On February 16, 2018, Secretary of Commerce Wilbur Ross announced the Department of Commerce’s recommendations in the ongoing national security investigations of steel and aluminum. These investigations were initiated in April 2017, pursuant to Section 232 of the Trade Expansion Act of 1962.
February 15, 2018, Bloomberg
Jack Schenendorf is quoted in a Bloomberg article regarding a proposal to raise gas tax. Increasing tax in an election year “will be quite difficult," says Schenendorf. “It’s quite necessary and Congress has known it’s necessary for a long, long time,” he adds. “This is a real opportunity with the president on board.”
ITC Says Delta's Bombardier Order Didn't Harm Boeing
February 15, 2018, Law360
Shara Aranoff is quoted in a Law360 article regarding an opinion issued by the ITC stating that Boeing was not harmed when Delta ordered Canadian plans from Bombardier. According to Aranoff, who represents Bombardier, “We are pleased with the ITC's decision, which gives Bombardier a resounding victory in this dispute."
February 15, 2018, Bloomberg Law
Anne Termine is quoted in a Bloomberg Law article regarding the settlement reached with AMP Global Clearing LLC following charges from the CFTC stating that AMP's failure to diligently supervise a cybersecurity vendor resulted in a data breach. According to Termine, cybersecurity is “an area of increasing concern and scrutiny for the CFTC as it goes directly to ...
February 15, 2018, Covington Alert
On December 20, 2017, the Senate and the House voted to pass the conference version of H.R. 1, the Tax Cuts and Jobs Act (the “Act”), and President Trump signed the bill into law on December 22, 2017. Below, we summarize those provisions of the tax reform legislation that are most likely to be of particular interest to political action and tax-exempt ...
How is the FDA Approaching Regulation under the Trump Administration?
February 14, 2018, Biocom Lunch & Learn
Talk with the Tiger
February 10, 2018, Talk with the Tiger
Timothy Stratford appeared on "Talk with the Tiger" to discuss U.S. policy towards China. According to Stratford, "Frankly I think that no matter who was going to be the new president of the United States, there were going to be some changes in the U.S. policy towards China."
February 9, 2018, The National Law Journal
Stephen Humenik is quoted by The National Law Journal in an article regarding questions raised by the Senate committee hearing on virtual currency. According to Humenik, the CFTC will have hearings itself, including its upcoming meeting for the CFTC’s technology advisory committee. He adds that “the CFTC traditionally has also held roundtables trying to ...
February 9, 2018, Covington Alert
This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.
February 6, 2018
LOS ANGELES—The Los Angeles Business Journal recognized Wade Ackerman and Aaron Lewis in its second annual list of the most influential diverse lawyers in Los Angeles. The list recognizes 50 "stellar diverse lawyers in the LA region." In Mr. Ackerman’s profile, the Business Journal emphasized his work in the FDA regulatory space. The profile noted that “with a ...
Covington Earns Five “Practice Group of the Year” Awards
February 6, 2018
WASHINGTON—Law360 has named five Covington practice groups among its “2017 Practice Groups of the Year.” The practice groups recognized by Law360 are as follows: Government Contracts International Trade Product Liability Sports White Collar
February 5, 2018, Inside Health Policy
Inside Health Policy highlights a Covington alert in an article regarding FDA's approach to the regulation of cosmetics. "As we begin 2018, the cosmetic industry marketing products in the United States faces a range of legal and regulatory considerations -- from labeling and marketing claims to ingredient safety and environmental issues," the alert says.
Sports Group Of The Year: Covington & Burling
February 5, 2018, Law360
Covington was named a 2017 Sports Practice Group of the Year by Law360. According to Ben Block, one of the most rewarding aspects of the sports group is the opportunity to work with repeat clients. "But," he adds, "every year and every day is a new, different, and exciting challenge." Commenting on the Tax Court victory on behalf of the Boston Bruins in a ...
February 2018, Digital Health Legal
February 1, 2018, Covington Alert
This International Employment Update summarises recent international employment law developments in China, India, Italy, Russia, the United Kingdom, and the United States.
January 31, 2018, Covington Alert
In the EU, a sponsor can obtain an “orphan designation” for a medicinal product pursuant to Regulation 141/2000. Adopted in December 1999, the regime aims to encourage investment in R&D for treatments for rare diseases. The most important incentive is the 10-year market exclusivity for designated products. Other incentives include protocol assistance and fee ...
Covington's Andrew Smith Testifies Before House Subcommittee on Financial Institutions and Consumer Credit
January 30, 2018
WASHINGTON—Covington partner Andrew Smith testified on Tuesday before the United States House of Representatives Subcommittee on Financial Institutions and Consumer Credit at a hearing entitled, “Examining Opportunities and Challenges in the Financial Technology (“Fintech”) Marketplace.” Mr. Smith’s testimony addressed the opportunities and challenges posed by ...
ECJ referred first case on damages directive
January 30, 2018, Global Competition Review
Elaine Whiteford is quoted in a Global Competition Review article regarding the anticipated European Court of Justice ruling that will determine whether the EU damages directive can be applied to a damages action in Portugal. According to Whiteford, the high court will likely respond to the questions by referring to principles of EU law and not the damages ...
January 30, 2018, American Banker
Andrew Smith recently testified before the House of Representatives Subcommittee on Financial Institutions and Consumer Credit and is quoted in an American Banker article regarding fintech policy. According to Smith, “Conservatively, it would take two years and a couple million dollars to get to license and build a platform through the state-by-state licensing ...
FDA Releases FSVP and Supply Chain Program Draft Guidances and Announces FSVP Enforcement Discretion
January 30, 2018, Covington Alert
Last week (January 24, 2018), FDA issued a series of guidance documents and an enforcement discretion policy intended to help the food industry comply with the requirements of the Food Safety Modernization Act (FSMA). The documents further FDA’s goal to ensure that all food under its jurisdiction is produced under procedures that comply with its risk-based food ...
January 29, 2018
LOS ANGELES—Multichannel News has named Covington partner Robyn Polashuk to its 2018 class of “Women to Watch.” Ms. Polashuk is the only outside counsel named to the list. “This year’s group of Women to Watch is pushing the boundaries in both personal and professional achievements,” said Mark Robichaux, Editorial Director of Multichannel News. The award ...
#MCNWW 2018: Women to Watch
January 29, 2018, Multichannel News
Robyn Polashuk was named to Multichannel News' 2018 class of “Women to Watch.” Commenting on what she likes most about her job, Polashuk says, "I love the diversity of the clients and projects, and the interesting new issues I am asked to address nearly every day in our evolving industry." In her profile, Polashuk also stresses the importance of growing ...
January 29, 2018, The Litigation Daily
The Litigation Daily highlights Covington's successful representation of Bombardier before the International Trade Commission (ITC). After finding that Bombardier's C-Series commercial jets are not threatening to U.S. producer Boeing, the ITC struck down a planned 300-percent tariff on the Canadian jetliners. "The unanimous decision in our favor was particularly ...
January 26, 2018
WASHINGTON—Covington won a significant trade case today before the U.S. International Trade Commission (ITC) on behalf of its client Bombardier. In a 4-0 ruling, the ITC rejected Boeing Co.’s complaint that it was threatened with material injury by imports of Bombardier’s new C Series aircraft. The decision means that the U.S. Department of Commerce can no ...
January 26, 2018, Law360
Law360 highlights Covington's successful representation of Bombardier before the International Trade Commission (ITC). The ITC recently ruled that Bombardier's C-Series commercial jets are not threatening to U.S. producer Boeing, and therefore, should not be subject to hefty tariffs.
January 26, 2018, Covington Alert
We are writing to report on the latest significant developments in the effort to reform the Committee on Foreign Investment in the United States (“CFIUS”).
January 26, 2018, Covington Alert
This e-alert reviews trends emerging from warning letters and untitled letters concerning therapeutic product advertising and promotion issued in 2017 by the Office of Prescription Drug Promotion (OPDP) of the Center for Drug Evaluation and Research (CDER), the Office of Compliance and Biologics Quality (OCBQ) of the Center for Biologics Evaluation and Research ...
FCA's anti-competitive scrutiny is here to stay
January 25, 2018, Behavox
Louise Freeman is quoted in a Behavox article regarding the UK Financial Conduct Authority's (FCA) statement of objections to four asset management firms, signifying the first time the FCA has used its competition enforcement powers. According to Freeman, firms should expect further scrutiny, and to prepare accordingly. “They started with a very wide asset ...
January 25, 2018, Covington Alert
The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (the “Regulations”) came into force in the UK on April 6, 2017 and require private sector employers with 250 or more employees to calculate and disclose mandatory gender pay gap information.
China’s toolbox to turn the retaliatory screws in trade tensions with the United States
January 24, 2018, South China Morning Post
Timothy Stratford is quoted in a South China Morning Post article regarding China's retaliatory options that might be considered if a trade war breaks out with the U.S. According to Stratford, there are a number of things that foreign companies could be worried about in terms of retaliatory action from China. “Some foreign companies may have a more difficult ...
Gov't Contracts Group Of The Year: Covington & Burling
January 24, 2018, Law360
Covington was named a 2017 Government Contracts Practice Group of the Year by Law360. According to Fred Levy, the group is unique due to the breadth and depth of experience that its attorneys have, and its seamless interaction with other top-tier practice groups at the firm. “I think we’re a very cohesive practice group,” he says. “It really incentivizes our ...
January 24, 2018, Politico
Muftiah McCartin is quoted in a Politico article regarding lobbyist revenue during the first year of Trump's Administration. “There were a number of companies trying to figure out how to navigate the new administration," says McCartin.
January 24, 2018, Covington Alert
As we begin 2018, the cosmetic industry marketing products in the United States faces a range of legal and regulatory considerations – from labeling and marketing claims to ingredient safety and environmental issues. This alert for our cosmetic clients analyzes federal regulatory activities in 2017 and summarizes key issues to consider for 2018, including ...
January 24, 2018, Covington Alert
Digital advertising typically involves a vast network of publishers, advertisers and their agencies, advertising exchanges and networks, technology platforms, and measurement and data analytics providers. To help streamline the commercial dealings of all of these parties in this complex ecosystem, advertising industry self-regulatory groups have developed ...
January 23, 2018, South China Morning Post
Timothy Stratford is quoted in a South China Morning Post article regarding escalating trade tensions between the U.S. and China, and how the World Economic Forum in Davos might be a place for officials to discuss trade issues. "As far as we’ve been able to tell, there has been a strong debate going on at the most senior level in Washington on how to deal with ...
January 22, 2018
WASHINGTON—Covington advised Bacardi Limited in its definitive agreement to acquire Patrón Spirits International AG and its PATRÓN® brand, the world’s top-selling ultra-premium tequila, from John Paul DeJoria, a founder of Patrón. The transaction reflects an enterprise value for Patrón of $5.1 billion. The transaction follows the successful relationship the ...
Feds to Ramp Up Online Purchasing Presence
January 22, 2018, E-Commerce Times
Susan Cassidy is quoted in an E-Commerce Times article regarding efforts to create an online marketplace for government purchasers. "One model that was discussed would require a portal provider to contract with GSA to provide an online interface. Under this approach, suppliers would then sign up to use the portal, potentially via a contract with the portal ...
DoH expands CQC healthcare quality rating powers
January 2018, Digital Health Legal
Raj Gathani is quoted in a Digital Health Legal article regarding the UK Department of Health's decision to expand the Care Quality Commission's (CQC) quality rating powers. “In a sense, the announcement simply corrects an imbalance between NHS and private providers,” says Gathani. “The announcement comes after a year in which online doctor services have come ...
FDA Announces Broad Plan to Improve and Expedite Dissemination of Recall Information to Consumers
January 22, 2018, Covington Alert
FDA announced the availability of a new draft guidance in last Friday’s Federal Register that Commissioner Gottlieb explains describes FDA’s policy on public warning and recall notifications, which “gives industry clear direction on how to navigate and work with the FDA to make sure recalls are communicated promptly,” and “will empower consumers by providing ...
January 22, 2018, Covington Alert
On January 18, 2018, the Senate Committee on Banking, Housing, and Urban Affairs (“the Committee”) held a hearing to consider the Foreign Investment Risk Review Management Act (FIRRMA), a bill introduced by Senator John Cornyn (R-TX) in the Senate and Congressman Robert Pittenger (R-NC) in the House to reform the Committee on Foreign Investment in the United ...
January 19, 2018, Inside Political Law
As sexual abuse, assault, harassment, and other misconduct have dominated national headlines, state capitols and lobbyists have not escaped scrutiny. Amidst a spate of allegations and member resignations, some state legislatures and ethics commissions are taking action. While a variety of measures are being considered, including tightening gift rules, it is ...
January 19, 2018, Law360
Covington was named a 2017 International Trade Group of the Year by Law360. According to Peter Lichtenbaum, the Bombardier trade remedies case, which "presents very significant economic, legal, and political issues," was one of the group's biggest from the past year. "The company remains confident that the ITC will conclude that Boeing will not be harmed by the ...
January 19, 2018, Covington Alert
In December 2017, the UK Government updated its proposals on the rights of European Union (“EU”) nationals and their families following the UK's exit from the EU (via a technical note setting out its proposed commitments).
January 18, 2018, National Security Law Today
David Fagan appeared on National Security Law Today to discuss "CFIUS 101: Foreign Control and U.S. Oversight."
January 18, 2018, Covington Alert
As Congress scrambles in a last ditch attempt to pass a funding proposal, government contractors face the various employment law implications of furloughs caused by the potential government shutdown. During the last government shutdown in 2013, many federal agencies furloughed employees and instructed contractors to implement similar reductions in contract ...
Leading CFIUS Risk Analyst Joins Covington
January 17, 2018
WASHINGTON—Brian Williams has joined Covington as a Senior Advisor in the firm’s Cross-Border Investment and National Security practice. Mr. Williams draws on over 20 years of public and private sector experience advising on issues at the intersection of national security, technology, and law. A non-lawyer, he led multi-agency analyst teams that authored the ...
House Judiciary Advances Foreign Lobby Overhaul
January 17, 2018, Roll Call
Robert Kelner is quoted in a Roll Call article regarding steps taken by House Republicans to overhaul the nation’s foreign lobbying disclosure regulations. “DOJ’s career staff have long wanted the authority to investigate FARA violations more aggressively, and the Democratic-aligned government reform community has generally agreed,” says Kelner. “So it was a bit ...
January 17, 2018, Covington Alert
This article “fact-checks” the “Notice to Stakeholders” published by the European Commission on November 21, 2017 (the “Notice”). The Notice has received widespread press attention, due to its stark warnings about the risks of choosing to litigate in the English Courts post-Brexit. We consider whether the Notice is factually accurate (yes), whether it gives an ...
Covington Named to GCR's Global Elite
January 16, 2018
WASHINGTON—Global Competition Review has once again named Covington to its 2018 "Global Elite," a list of the top 25 antitrust practices worldwide, as well as including the firm in the list of top ten practices globally for both Mergers and Antitrust Litigation. Each year, GCR undertakes extensive analysis of antitrust and competition law groups in 50 ...
Beware the FARA side
January 16, 2018, Financial Times
The Financial Times highlights a Covington alert in an article regarding the Foreign Agents Registration Act.
January 16, 2018, Covington Alert
On January 5, 2018, the Department of Labor (DOL or the “Department”) published a proposed rule to allow more Association Health Plans (AHPs) to be regulated as large group health plans. 83 Fed. Reg. 614 (Jan. 5, 2018) (to be codified at 29 C.F.R. pt. 2510). The proposed regulation was developed in response to President Trump’s October 12, 2017 Executive Order ...
FDA Announces “Nutrition Action Plan” while Stakeholders await Final Guidance on Nutrition Labeling
January 16, 2018, Covington Alert
As we near the two year mark since FDA issued the new Nutrition Facts Label (NFL), stakeholders anxiously await FDA’s final NFL guidance, particularly FDA’s conclusions on the pending fiber petitions and other fiber ingredients. Although FDA proposed last fall to extend the July 26, 2018 compliance date until January 1, 2020 (for large companies and January 1, ...
January 15, 2018, Covington Alert
On December 26, 2017, China’s National Development and Reform Commission (“NDRC”) released the final Administrative Measures for Enterprise Outbound Investment (the “Final ODI Rules”), which will go into effect as of March 1, 2018 and govern NDRC's regime for reviewing Chinese outbound investment projects. The Final ODI Rules contain limited changes relative to ...
January 12, 2018, Inside Political Law
Buried in the 2018 National Defense Authorization Act (NDAA) is an obscure, and quite significant, change to the post-employment restriction on U.S. Department of Defense (DoD) civilian and uniformed personnel. This new provision could have a substantial impact on defense contractors and others who recruit DoD personnel to work on policy and procurement matters ...
Medicaid Work Requirement Decision Stokes Backlash
January 12, 2018, BNA's Health Care Daily Report
Philip Peisch is quoted in a Bloomberg BNA article regarding the Trump Administration's announcement that it will move forward with allowing states to implement Medicaid work requirements. "One big question that remains is how much of the Medicaid population will actually be impacted by work requirements, in the States that want to implement them,” says Peisch. ...
January 12, 2018, Covington Alert
Buried in the 2018 National Defense Authorization Act (NDAA) is an obscure, and quite significant, change to the post-employment restriction on U.S. Department of Defense (DoD) civilian and uniformed personnel. This new provision could have a substantial impact on defense contractors and others who recruit DoD personnel to work on policy and procurement matters ...
January 12, 2018, Covington Alert
The U.S. Department of Labor (DOL) recently announced that it will apply a new, more flexible test for determining whether interns working for “for-profit” companies are entitled to minimum wage and overtime protection under the federal Fair Labor Standards Act (FLSA). The new test is set forth in DOL Fact Sheet #71 (updated January 2018).
January 11, 2018, Inside Political Law
Eighty years ago, Congress enacted the Foreign Agents Registration Act (“FARA”), requiring “foreign agents” to register with the Attorney General. As amended over the years, it applies broadly to anyone who acts on behalf of a “foreign principal” to, among other things, influence U.S. policy or public opinion. Until recently, it was a backwater of...… Continue ...
January 11, 2018, Covington Alert
Eighty years ago, Congress enacted the Foreign Agents Registration Act (“FARA”), requiring “foreign agents” to register with the Attorney General. As amended over the years, it applies broadly to anyone who acts on behalf of a “foreign principal” to, among other things, influence U.S. policy or public opinion. Until recently, it was a backwater of American ...
January 11, 2018, Covington Alert
On Tuesday, January 9, 2018, USDA’s Food Safety and Inspection Service (FSIS) released a proposed rule that would require egg products plants to develop and implement hazard analysis and critical control point (HACCP) plans, Sanitation Standard Operating Procedures (SOPs), and include safe-handling instructions on the labels of certain egg products.
January 11, 2018, Covington Alert
We are writing to share our report of two Congressional hearings held this week that are relevant to the ongoing legislative discussion concerning potential reform of the Committee on Foreign Investment in the United States (CFIUS).
January 8, 2018, Bloomberg
Muftiah McCartin is quoted in a Bloomberg article regarding the government spending bill that could lead to a government shut down if Republicans and Democrats in Congress do not reach an agreement. According to McCartin, if both parties can agree this week on raising budget limits, Congress may be able to pass a short-term spending bill, known as a continuing ...
January 8, 2018, Covington Advisory
In late December, the Federal Trade Commission (“FTC”) released a Staff Report titled Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts of Search Engines and Native Advertising. This Report is the most recent sign of the FTC’s continuing interest in native advertising and effective online disclosures. This study builds upon the ...
Russian hacker claims there's proof of his DNC breach
January 2, 2018, Politico
Susan Cassidy is quoted in Politico Pro's "Morning Cybersecurity" newsletter regarding the December 31st deadline for defense contractors to meet minimum cybersecurity requirements for the systems they operate for the Pentagon. According to Cassidy, the cybersecurity rule presents “a problem for DoD because there’s a lot of subjectivity in what is ‘adequate ...
5 Cybersecurity And Privacy Policies To Watch In 2018
January 1, 2018, Law360
Kristof Van Quathem and Yan Luo are quoted in a Law360 article regarding cybersecurity and privacy policies to watch in 2018. Commenting on the General Data Protection Regulation (GDPR), Van Quathem says that although one of the legislation's aims is to harmonize a splintered set of national data privacy laws within Europe, it may end up causing companies aiming ...
Cybersecurity & Privacy Predictions For 2018
January 1, 2018, Law360
Kurt Wimmer and John Buchanan are quoted in a Law360 article providing cybersecurity and privacy predictions for 2018. Wimmer says, once Europe's General Data Protection Regulation (GDPR) is in force, non-EU countries around the world will begin looking at privacy regimes based on the 1995 Directive [which the GDPR will replace] and think about whether they ...
Cybersecurity & Privacy Cases To Watch In 2018
January 1, 2018, Law360
Kurt Wimmer is quoted in a Law360 article providing a roundup of cybersecurity and privacy cases to watch in 2018. Commenting on LabMD Inc. v. Federal Trade Commission, Wimmer says, "Both the courts and the FTC are grappling with the meaning of 'harm,' and I believe 2018 will be the year when these efforts will converge, with a more sophisticated understanding ...
January 2018, Privacy Laws & Business
Lord Maude: Expect Theresa May to still be PM in 2019
December 28, 2017, CNBC
Lord Francis Maude appeared on CNBC to discuss the backlash faced by Theresa May as UK Prime Minister and what lies ahead. According to Maude, "It is very easy in the moment to see things as more stark than they are. And if Theresa May gets through this period, which I would expect her to, then I think we will look back and see this as a bit of turbulence. But ...
December 26, 2017
SILICON VALLEY—The Financial Times has recognized Covington among the most innovative firms in 2017 in the category of "Enabling Business Growth," for advising "Tencent in its acquisition of a $8.6bn majority stake in Supercell, the Finnish gaming company, while maintaining Supercell’s creative culture and retaining its employees by introducing incentive ...
Asia Trade In The New Global Order
December 21, 2017, Thailand Business News
Timothy Stratford participated in Asia House's inaugural Hong Kong event and is quoted in a Thailand Business News article providing highlights. Speaking on the panel discussing "Asia and the New Global Era," Stratford, said he “could not preclude a [U.S.] trade war with China” adding that member economies should resolve their differences through the World Trade ...
December 21, 2017, The Bond Buyer
Jack Schenendorf is quoted by The Bond Buyer in an article regarding the Trump Administration's long-awaited infrastructure plan. According to Schenendorf, "I think the tax bill was a missed opportunity." Commenting on public-private partnerships (P3s), Schenendorf says, "I think P3s will be an important part of the overall proposal.” He adds that he thinks ...
Four Covington Partners Named Law360 MVPs
December 20, 2017
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: Ray Biagini, Government Contracts. Mr. ...
December 20, 2017, Covington Alert
On December 8, FDA addressed the agency’s evolving approach to digital health by issuing two new draft guidance documents: “Clinical and Patient Decision Support Software” (the “CDS Draft Guidance”) and “Changes to Existing Medical Software Policies Resulting From Section 3060 of the 21st Century Cures Act” (the “Software Policies Draft Guidance”). These draft ...
Global Mobility Update
December 18, 2017, Covington Alert
In 2012 the G20 initiated the Base Erosion and Profit-Shifting (BEPS) project, headed by the Organisation for Economic Co-operation and Development (OECD). This aimed to tackle and reduce tax planning strategies which artificially shifted corporate profits to low- or no-tax jurisdictions.
Construction contractors: The government contractor defense is alive and well in the Fifth Circuit
December 18, 2017, Westlaw Journal Government Contract
Brexit Summit
December 15, 2017, Sky News
Lord Francis Maude appeared on Sky News to discuss phase two of the Brexit negotiation process. "Well it's good news it's progressing," says Maude. He added, however, that it is not going to be easy as there is a lot to discuss, and it will take time. Maude also said that he believes the process can be more cordial now. "I think…in the early days, there was a ...
December 15, 2017, NPR
Jean De Ruyt appeared on NPR following the decision by European leaders to allow Britain to begin negotiating its future trading relationship with the European Union. According to De Ruyt, if European negotiators push too hard, they risk toppling Prime Minister May, who's weak at home. "Honestly, they want to reinforce her. She leads encouragement. Who else ...
December 15, 2017, Covington Alert
We write to offer our perspective on two developments relevant to the Committee on Foreign Investment in the United States (“CFIUS”).
MVP: Covington's Mark Plotkin
December 14, 2017, Law360
Mark Plotkin was named a 2017 International Trade MVP by Law360. The publication highlights his CFIUS-related work, noting that he secured "U.S. government approval for a litany of billion-dollar overseas transactions with sensitive security implications" over the past year.
Section 301 seen as wrong way to handle trade issue
December 14, 2017, China Daily
John Veroneau is quoted in a China Daily article regarding the recently launched investigation into China's policy and practice of intellectual property under Section 301 of the U.S. Trade Act of 1974. Commenting on the potential negative impact of the action, Veroneau says that it will depend on how the U.S. threatens unilateral actions, in a full-blown way or ...
December 14, 2017, Bloomberg
Lord Francis Maude appeared on "Bloomberg Surveillance" to discuss the Brexit process and Theresa May's role.
Legislative Initiatives: Hot Topics in Health Care
December 14, 2017, PLI's Health Care Law Institute 2017
Solar Rooftop - Perspective on Regulatory Frameworks and Emerging Business Models in the Middle East
December 13, 2017, Renewables: A Key Driver for Clean Energy Transition Conference
MVP: Covington's Raymond Biagini
December 12, 2017, Law360
Ray Biagini was named a 2017 Government Contracts MVP by Law360. The publication highlights his representation of KBR in long-running multidistrict litigation that showcased his "expertise at the intersection of tort and federal contracting law."
December 12, 2017, Microsoft
Eric Holder participated in Microsoft's #TechTalk series to discuss "Law Enforcement & Data." Topics included the role of national borders when it comes to accessing electronic evidence, the significance of e-evidence in investigations, the protection of fundamental rights online, the need for international police cooperation, and the unnecessary barriers to ...
December 12, 2017, Covington Alert
This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.
December 11, 2017, The Pink Sheet
Tom Cosgrove spoke at the Food and Drug Law Institute's enforcement conference and is quoted by The Pink Sheet in an article regarding FDA's anticipated release of the first 90-day letters. According to Cosgrove, "You will be getting these classifications in 90 days and final means final. What does that mean for people working on these classifications? That ...
The Brexit battle over food
December 11, 2017, Better Wholesaling
Brian Kelly spoke at November's Food Matters Live event in London and is quoted in a Better Wholesaling article examining challenges facing the food industry in the wake of Brexit. Commenting on the threat of new tariffs, Kelly said, "It is very complicated and businesses will need to upskill on this.”
December 11, 2017, Covington Alert
On November 28, 2017, the Centers for Medicare & Medicaid Services (CMS) published in the Federal Register a proposed rule touching on a range of issues under the Prescription Drug Benefit (Part D) and Medicare Advantage (MA) programs, and implementing certain provisions of the Comprehensive Addiction and Recovery Act (CARA) and of the 21st Century Cures Act. 82 ...
December 8, 2017, Covington Alert
Last week, the United Nations hosted the sixth annual Forum on Business and Human Rights in Geneva. The three-day event provided attendees with informative panels and important updates on the state of the field. Lawyers from Covington’s business and human rights initiative were in attendance and suggest five important takeaways for business.
Covington Lures Back FDA Drug Quality Leader
December 7, 2017, Law360
Tom Cosgrove is quoted in a Law360 article regarding his return to Covington's Food, Drug and Device Practice Group. “I think companies are looking hard at their supply chain risks and wondering how much they can trust other companies that make up the links in that chain,” Cosgrove says. “These challenges, brought about by increased globalization, will only ...
December 7, 2017, Covington Alert
On 6 December 2017, the Court of Justice of European Union (CJEU) issued its long-awaited Judgment in Coty Germany GmbH v Parfümerie Akzente GmbH. Taking an approach similar to that adopted by Advocate General (AG) Wahl in his Opinion in July, the CJEU found that a supplier of luxury goods may prevent its authorised retailers from using third-party platforms in ...
December 6, 2017
WASHINGTON—Tom Cosgrove, who until last month was a senior official at FDA charged with ensuring the quality of drugs and therapeutic biologics marketed to U.S. patients, has rejoined Covington as a partner in its Food, Drug, and Device practice, resident in Washington. Mr. Cosgrove held senior leadership positions within FDA’s Office of Compliance in the Center ...
Recent Issues in Bid Protests at the Court of Federal Claims: The Spring of ‘17
December 6, 2017, U.S. Court of Federal Claims
December 4, 2017, Inside Energy & Environment
This post looks at the recent English High Court decision in Dana Gas PJSC v Dana Gas Sukuk Ltd & Ors [2017] EWHC 2928. Participants in the Middle East (and wider) Islamic finance markets held their breath during much of this year. This was pending consideration by the High Court in England on some core...… Continue Reading
ESPN Ruling Further Narrows Video Privacy Law's Reach
December 4, 2017, Law360
Kurt Wimmer is quoted in a Law360 article regarding the Ninth Circuit’s ruling in a case involving the disclosure of user app data to a third-party. "The court recognized that the concept of being publicly identified has limits, despite technological evolution," says Wimmer. "By reducing ambiguity around what qualifies as PII, this decision permits content and ...
Brexit: EU and UK battle over ‘an accession in reverse’
December 3, 2017, Financial Times
Sir Michael Leigh is quoted in a Financial Times article examining which side holds more leverage in the Brexit negotiation talks. "It is asymmetrical. The candidate country has no choice but to accept the basis for negotiations,” says Leigh. “That goes for leaving too.”
December 2017, Pratt's Government Contracting Law Report
November 30, 2017
WASHINGTON—Covington represented Aristocrat Leisure Limited in its $990 million acquisition of Big Fish Games, Inc. This acquisition expands Aristocrat’s Social Gaming business into new game genres. Aristocrat is a global provider of gaming solutions. It offers a diverse range of products and services including electronic gaming machines and casino management ...
November 30, 2017, Bloomberg BNA
Ani Gevorkian is quoted in a Bloomberg BNA article regarding the Ninth Circuit’s ruling in a case involving the disclosure of user app data to a third-party. According to Gevorkian, this is the Ninth Circuit’s adoption of the majority view that such data isn’t Personally identifiable information (PII), and “further isolates the First Circuit’s decision in ...
November 2017, Pratt's Privacy & Cybersecurity Law Report
November 2017, Pratt's Privacy & Cybersecurity Law Report
Asia's 'new global order' eyes inclusive globalisation
November 28, 2017, Global Trade Review
Timothy Stratford is quoted in a Global Trade Review article regarding the increased focus on globalization in Asia. According to Stratford, “If you look at the past 10 years and take the top 25 economies of the world, 550 million people have seen their incomes either stagnate or decline. There’s a feeling that whatever’s happening right now isn’t working, so ...
November 28, 2017, Covington Alert
There is one very important political law provision to watch as the tax bill moves to a final vote in the Senate, and potentially a conference committee reconciles the House and Senate versions. This amendment will remove the ban on partisan political activities by charitable entities, churches, educational institutions, and all other organizations exempt from ...
Trade Expert: New TPP Deal A Missed Opportunity For US
November 24, 2017, Medtech Insight
Gina Vetere is quoted in a Medtech Insight article regarding what the new version of the Trans-Pacific Partnership (TPP) means for American manufacturers. According to Vetere, "With the U.S. not being part of that trade agreement, the challenge is that we've lost that opportunity to help set some of those rules that are so important, particularly for our ...
Aerospace Up Against Deadline on Cybersecurity
November 24, 2017, Los Angeles Business Journal
Susan Cassidy is quoted in a Los Angeles Business Journal article regarding the difficulties that some defense contractors in Southern California were facing trying to meet the Department of Defense deadline of December 31, 2017 for implementing the cybersecurity controls in NIST Special Publication 800-171. Cassidy notes that the definition of the information ...
What NAFTA Renegotiating Objectives Mean For Arbitration
November 22, 2017, Law360
Marney Cheek is quoted in a Law360 article examining what updated renegotiation objectives for NAFTA mean for investment arbitration. According to Cheek, "The reference in the [investor-state dispute settlement] negotiating objectives to 'U.S. sovereignty' and 'the maintenance of strong U.S. domestic industries' appears to be a euphemism for telling U.S. ...
November 22, 2017, Global Arbitration Review
Marney Cheek is quoted in a Global Arbitration Review article examining the Trump Administration's updated objectives with regard to the reform of investor-state dispute settlement (ISDS). According to Cheek, the reference in the objectives to finding a “meaningful procedure for resolving investment disputes” echoes the wording used by Congress in the Trade ...
November 22, 2017, PaRR
Johan Ysewyn is quoted in a PaRR article examining whether the recent judgment in the Intel case will impact future cartel cases. While Ysewyn does not expect the Intel decision to be a “game-changer” in how cartel proceedings are conducted going forward, “it’s not bad for the Commission to be reminded what the rules are.”
November 21, 2017, Covington Alert
In a July 7, 2017 post to the FDA Voice blog, FDA Commissioner Scott Gottlieb announced that FDA would be releasing a “comprehensive regulatory framework” for regenerative medicine products. On November 16, 2017, FDA issued four guidance documents outlining certain aspects of that framework. This alert summarizes each of the guidance documents and highlights ...
SEC enforcement ebbs in 2017
November 20, 2017, Compliance Reporter
David Kornblau is quoted in a Compliance Reporter article regarding the SEC's annual enforcement report for 2017. According to Kornblau, the report showed a decrease in enforcement actions compared to the prior year, as the industry expects a downshift in regulation by the agency under new SEC Chair Jay Clayton. “My sense is that the overall level of new ...
NAFTA defense strategies face political pitfalls
November 20, 2017, Automotive News
John Veroneau participated in a panel discussion hosted by the Washington International Trade Association and is quoted in this Automotive News article regarding the future of NAFTA. Veroneau suggested that President Trump might put the ball in Congress' court, as he did with the Iran nuclear deal. Such a move would be a political act without any real statutory ...
Covington's Net Neutrality and Zero-Rating Webinar
November 20, 2017, Webinar
November 17, 2017, NPR
Robert Kelner is quoted in an NPR article regarding enforcement of the Foreign Agents Registration Act (FARA). According to Kelner, the cases that have been prosecuted "usually are prosecuted because they involve something other than a FARA violation occurring at the same time." He adds, "The statute itself is extremely vague: It contains a number of terms that ...
November 17, 2017, Covington Alert
Earlier this week, FDA issued a long-anticipated draft guidance on best practices to follow when convening an expert panel to evaluate whether a substance is “generally recognized as safe,” or GRAS, under the conditions of its intended use in food.
Trump’s NAFTA powers could hit a tariff wall
November 16, 2017, Politico
John Veroneau participated in a panel discussion hosted by the Washington International Trade Association and is quoted in this Politico article discussing whether President Trump has authority to abolish NAFTA. According to Veroneau, the Constitution clearly gives Congress jurisdiction over tariffs, even if the White House shares some powers on trade, so Trump ...
November 13, 2017, Covington Alert
Earlier this month, the Centers for Medicare & Medicaid Services (CMS) published the long-awaited 2019 Notice of Benefit and Payment Parameters, which includes significant changes to the implementation regulations of the Affordable Care Act (ACA). 82 Fed. Reg. 51,052 (Nov. 2, 2017).
November 13, 2017, Covington Alert
On Thursday, November 9, 2017, the U.S. Departments of Treasury and Commerce published regulatory amendments that impose new restrictions on financial, travel, and trade-related transactions with Cuba by persons subject to U.S. jurisdiction.
November 10, 2017
BRUSSELS—Politico has named Covington partner Miranda Cole to its “2017 Women Who Shape Brussels” list, a group of “20 powerhouses driving debates and influencing policy in 2017.” In its profile of Ms. Cole, the publication highlights her defense of leading technology clients, including Microsoft, Facebook, and Verizon, before the European Commission. Politico ...
Despite the sweet talk, gains of China trip unclear
November 10, 2017, The Washington Post
Timothy Stratford is quoted by The Washington Post in an article regarding the impact of President Trump's trip to China. According to Stratford, "We haven't yet had the bandwidth in the U.S. Administration or the time to have detailed conversations with the Chinese side on market access and other systemic issues." He adds, "Unless you've had time to discuss ...
Court Orders Glassdoor to Reveal Reviewers' Identities
November 10, 2017, HR Magazine
Jadzia Butler is quoted in an HR Magazine article regarding a recent court order requiring Glassdoor to reveal the identities of users in response to a grand jury subpoena in a wire fraud case. It is "particularly concerning" if Internet users who believe they can have anonymous online discussions have their anonymity compromised by a mere subpoena, Butler says. ...
Deals galore for US firms from Trump’s China trip, but are the real trade problems being glossed over?
November 9, 2017, South China Morning Post
Timothy Stratford is quoted in a South China Morning Post article regarding the business deal between the U.S. and China following President Trump 's visit. According to Stratford, “No one should make the mistake of believing that the U.S. will now stop raising concerns about market access and other elements of the Chinese economic system that seriously impact ...
November 9, 2017, CGTN
Timothy Stratford appeared on CGTN's "The Point" to discuss the bilateral trade and investment deals recently signed by Chinese President Xi Jinping and President Donald Trump. According to Stratford, "It shows that the two governments are working very hard to try to demonstrate that the bilateral relationship is really beneficial to the people of both ...
FDA, USDA, and EPA: Inter-Agency Overlap and Jurisdictional Boundaries
November 9, 2017, Webinar
How Grassley’s reforms would change FARA
November 8, 2017, Politico
Politico highlights a recent Covington alert examining the reforms to the Foreign Agents Registration Act proposed by Senator Chuck Grassley. As stated in the alert, the bill “would have a sweeping effect for a number of private sector companies.”
November 8, 2017, Covington Alert
On November 1 and 2, 2017, the Centers for Medicare & Medicaid Services (“CMS”) released two final rules addressing changes to Medicare Part B reimbursement policies for biosimilars. These final rules—for the Medicare Physician Fee Schedule (“PFS”) and the Hospital Outpatient Prospective Payment System (“OPPS”)—announced new directions for both the coding and ...
November 8, 2017, Covington Alert
During the past two weeks, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and the U.S. Department of State have taken a number of steps toward implementing aspects of the Countering America’s Adversaries Through Sanctions Act (“CAATSA”), a major piece of sanctions legislation passed by the U.S. Congress in July and signed by ...
November 8, 2017, Covington Alert
Earlier today, Senator John Cornyn (R-TX), the second-highest-ranking Republican in the Senate, introduced a bill to reform the authority and operation of the Committee on Foreign Investment in the United States (“CFIUS”). The bill is co-sponsored by Senator Dianne Feinstein (D-CA) and Senator Richard Burr (R-NC), the Chairman of the Senate Select Committee on ...
November 7, 2017, Covington Alert
On August 18, 2017, President Donald Trump signed into law the FDA Reauthorization Act of 2017 (FDARA). This law, containing nine titles, reauthorizes and amends the user fee programs for prescription drugs, medical devices, generic drugs, and biosimilars.
November 7, 2017, Covington Alert
With the Foreign Agents Registration Act (“FARA”) in the news and public awareness of this formerly obscure statute at an all-time high, Senator Charles Grassley (R-Iowa), the influential chairman of the Senate Judiciary Committee, introduced legislation last week to revise the statute significantly, including reversing a decision Congress made in 1995 to remove ...
November 6, 2017, Covington Alert
China has recently announced several initiatives to reform its regulation of drugs and medical devices that could have a significant impact on pharmaceutical and medical device companies doing business in China.
November 3, 2017
WASHINGTON—The Hill has named Covington’s Howard Berman, Holly Fechner, Jon Kyl, and Bill Wichterman to its annual “Top Lobbyists: Hired Guns” list. First elected to Congress in 1982, Congressman Berman became known as one of Capitol Hill’s preeminent deal-makers. He served as chairman of the House Foreign Affairs Committee and was a long-time senior member on ...
Trump Picks Antitrust Lawyer to Head FTC, Leaving Uncertain Impact on Consumer Protection
November 2, 2017, Natural Products Insider
Laura Kim is quoted in a Natural Products Insider article regarding President Trump's pick to lead the FTC. According to Kim, "I think it’s hard to predict right now the specific agenda [Joseph Simons will] have on consumer protection issues."
November 2, 2017, BioWorld MedTech
John Balzano is quoted in a BioWorld MedTech article regarding the decision by Chinese regulators to accept data from clinical trials conducted outside China for approvals of new drugs and medical devices. “In general, this statement is part of a long-term effort by the government and the China Food and Drug Administration that has been ongoing since 2015 to ...
November 1, 2017
WASHINGTON—Covington represented CenturyLink in its acquisition of Level 3 Communications in a cash and stock transaction valued at approximately $34 billion. The acquisition closed today. The firm assisted Century Link in obtaining regulatory approvals by the Federal Communications Commission and state public utilities regulators, and in national security ...
Top 10 Game-Changing Litigator Moves in October
November 1, 2017, The Litigation Daily
The Litigation Daily recognizes Jennifer Saulino's move to Covington as one of the top "Game-Changing Litigator Moves in October." According to John Hall, “Jennifer’s skill and experience in litigating and trying fact-intensive cases combined with her track record of success in complex jury cases will benefit our clients and strengthen the firm’s general ...
November 2017, Journal of Medical Device Regulation
A Summary of the Recently Introduced “Internet of Things (IoT) Cybersecurity Improvement Act of 2017
November 2017, Pratt's Government Contracting Law Report
November 2017, Pratt's Government Contracting Law Report
October 31, 2017, Bloomberg Government
Susan Cassidy is quoted in a Bloomberg Government article regarding contractors' efforts to comply with new cybersecurity standards. According to Cassidy, the mandate that contractors develop cybersecurity plans—the most recent requirement added to the NIST list—is crucial for contractors. Contractors must “develop, document, and periodically update system ...
Is there a robot doctor in the house?
October 29, 2017, The Times
Lindsey Tonsager is quoted by The Times in an article regarding the use of artificial intelligence in healthcare. Commenting on how regulators are beginning to address some of the issues, Tonsager says, "The law hasn’t caught up with the technology. Nobody knows exactly who will be responsible.” “Some diseases disproportionately affect certain types of ...
Covington Advises SK Holdings in Acquisition of Significant Minority Interest in Eureka Midstream
October 27, 2017
NEW YORK—Covington represented SK Holdings Co., Ltd. in its acquisition of a significant minority interest in Eureka Midstream Holdings, LLC, a midstream energy company that owns and operates approximately 340 miles of gas gathering pipelines in Ohio and West Virginia. The transaction closed in early October 2017. SK Group is a top three conglomerate in South ...
October 25, 2017, CNBC
Mark Plotkin is quoted in a CNBC article regarding new legislation that would create tougher guidelines for foreign investment in the U.S. "Having been briefed on earlier versions of the proposal, I think that the current draft is substantially improved," says Plotkin. "It clearly reflects careful coordination and discussion among various stakeholders in the ...
European approvals face delay from agency move
October 25, 2017, EP Vantage
Grant Castle is quoted in an EP Vantage article examining how the move of the European Medicines Agency from London will impact European drug approvals. According to Castle, the main consequence of lower staff numbers could be longer waiting times to file drugs. “Because of the regulatory timetable there isn’t a huge amount of scope for delaying reviews, but ...
October 25, 2017, Covington Alert
Last month, Hurricanes Irma and Maria battered Puerto Rico, which is a major center of pharmaceutical manufacturing. Damage there to property, roads, bridges, communications, power, and water systems may take months or more to repair. Some, including the FDA, have expressed concern that the damage could lead to shortages of important drugs, medical devices, and ...
October 24, 2017
WASHINGTON—As the result of a high-profile First Amendment challenge to the federal statute invoked by law enforcement to impose gag orders on technology companies, Microsoft, and its counsel Covington and Davis Wright Tremaine, have secured landmark reform of the U.S. Department of Justice's approach to digital surveillance. Covington and Davis Wright Tremaine ...
October 24, 2017, The Litigation Daily
Jim Garland and Alex Berengaut are quoted by The Litigation Daily in an article regarding the role Covington and co-counsel Davis Wright played together on behalf of Microsoft that led to a groundbreaking policy memo from Deputy Attorney General Rod Rosenstein curbing the government's use of gag orders on tech companies. “It’s not always the case that the tech ...
October 23, 2017
BRUSSELS—Covington was named “Best Competition and Antitrust Law Firm” at the Belgian Legal Awards 2017. Covington has advised on a number of high-profile matters subject to competition issues or inquiries. These include significant matters for Belgian and international clients in a series of Belgian and European merger control, cartel defense, abuse of ...
Leader In BigLaw Lobbying Revenue
October 23, 2017, Law360
Muftiah McCartin is quoted in a Law360 article regarding third-quarter spending on lobbying. According to McCartin the firm expected to see a leveling off in the second half of the year, following a surge in lobbying activity fueled in part by the uncertainty of the Trump Administration’s first 100 days. However, taxes remain an ongoing topic of concern that ...
October 20, 2017, Covington Alert
On Tuesday, Senators Lamar Alexander (R-TN) and Patty Murray (D-WA) announced a bipartisan proposal that would fund cost-sharing reduction (CSR) payments under the Affordable Care Act (ACA) through 2019. The bill would also make other changes to the ACA, including: allowing consumers over age 30 to buy catastrophic plans; making it easier for States to obtain ...
Covington's Andrew Smith Testifies Before Senate Committee On Credit Reporting and Data Security
October 19, 2017
WASHINGTON—Covington partner Andrew Smith testified on Tuesday before the Senate Committee on Banking, Housing, and Urban Affairs at a hearing entitled, “Consumer Data Security and the Credit Bureaus.” Mr. Smith appeared on behalf of the Consumer Data Industry Association to discuss the nationwide credit reporting system and data security procedures enacted to ...
October 18, 2017, Covington Alert
The European Commission published its Report today on the first-annual review of the EU-U.S. Privacy Shield (the Report is accompanied with a Staff Working Document, Infographic, and Q&A).
October 17, 2017, Covington Alert
On October 13, President Trump announced that he would no longer certify to Congress that the suspension of U.S. sanctions against Iran pursuant to the Joint Comprehensive Plan of Action (“JCPOA”) is “appropriate and proportionate” to the steps that Iran has taken to terminate its illicit nuclear program. The President’s much-anticipated announcement does not ...
October 13, 2017, Covington Alert
Beginning October 31, 2017, New York City employers will no longer be permitted to ask job applicants about their salary history or rely on a job applicant’s salary history in determining the potential salary or benefits for that applicant. The new legislation, which applies to all employees working in New York City and was signed by Mayor Bill de Blasio in May, ...
October 13, 2017, Covington Alert
In a court filing this morning and an Executive Order issued yesterday, the Trump Administration announced major policy changes affecting health insurers and employers. The Administration intends to cease making cost-sharing reduction (CSR) payments to insurers, while also expanding the availability of Association Health Plans, short-term health plans, and ...
October 13, 2017, Covington Alert
In a draft regulation released earlier this year, China proposed regulating the import, export, manufacture, sale, and use of “commercial encryption products,” building on a patchwork of regulations.1 These regulations have focused on restricting the import and use of encryption products produced by certain manufacturers, and many entities have expressed concern ...
Former FTC Official Rejoins Covington
October 12, 2017
WASHINGTON—Laura Kim has joined Covington’s Advertising and Consumer Law and Data Privacy and Cybersecurity practices in Washington. For more than a decade, Ms. Kim held a variety of roles in the Bureau of Consumer Protection at the Federal Trade Commission (FTC), including Assistant Director in two divisions, Chief of Staff to former Bureau Director Jessica ...
Gender Pay Gap: Closing the Gap in Tech
October 12, 2017, Gender Pay Gap National Conference 2017
Negotiating Effective and Enforceable Release Provisions, Webinar
October 11, 2017, Lorman
Covington adds to bench strength in Washington, DC
October 10, 2017, Commercial Dispute Resolution
Commercial Dispute Resolution highlights Covington's 16-partner promotion, as well as the arrivals of Jennifer Saulino and Stephen Rademaker.
October 10, 2017, EurActiv
Peter Bogaert is quoted in a EurActiv article regarding EU Commissioner for Health and Food Safety Vytenis Andruikaitis' remarks in support of drug innovation. "The incentives which are built in the pharmaceutical regime and especially the SPCs and the regulatory exclusivity aim to work as a stimulus to develop new products in order to basically continue the ...
October 10, 2017, Covington Alert
This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.
State Appellate Vets Team Up; Another Law Firm Merger; Inside Clyde's Insurance Practice Play
October 6, 2017, The National Law Journal
The National Law Journal highlights Jennifer Saulino's return to Covington. “Covington offered me a really exciting opportunity to marry my focus on trial work with Covington’s diverse practice areas and client base on a very large scale," she says.
October 5, 2017, Risk
Anne Termine is quoted in a Risk article examining recent cases that have restricted the extraterritorial application of the Commodity Exchange Act. “I don’t think the Brent case ruling will deter any enforcement programme by the CFTC on an extraterritoriality basis,” says Termine. “However, it does give pause because some parts of the language are incorrect ...
October 4, 2017
WASHINGTON—Jennifer Saulino has joined Covington’s Litigation and White Collar Defense and Investigation practices as a partner in Washington. Ms. Saulino’s practice focuses on trials as well as defending individuals and corporations in investigations and prosecutions, with particular experience in the pharmaceutical, health care, banking and securities, oil and ...
October 3, 2017
BEIJING—China Law & Practice has named Covington as the international winner for “Trade Firm of the Year” at its annual awards ceremony in Beijing. The leading Chinese legal publication also recognized the firm for its role in the Technology, Media, and Telecom “Deal of the Year,” Tencent’s $8.6 billion acquisition of Supercell. The awards focus on “innovation ...
Ex-FCPA unit supervisor joins Covington
October 3, 2017, Global Investigations Review
Global Investigations Review highlights Jennifer Saulino's return to Covington as a partner in its Litigation and Investigations practice.
Former DOJ Prosecutor Rejoins Covington In Washington
October 3, 2017, Law360
John Hall and Jennifer Saulino are quoted in a Law360 article regarding her return to Covington as a partner in the firm's Litigation and Investigations practice. According to Hall, Saulino has “earned the respect and admiration of her colleagues and adversaries” in the courtroom with both her skills and her willingness to take on the most difficult cases. ...
US corporates braced for cyber-chaos
October 3, 2017, Commercial Dispute Resolution
David Fagan is quoted in a Commercial Dispute Resolution article regarding how companies are bracing for cyber attacks. According to Fagan, cybersecurity is “a one-way ratchet: all constituents, whether customers, regulators, business partners, claimant counsel and finders of fact, are increasingly aware of and focused on the risk [which] arises from operating ...
Court of Federal Claims: Offeror on a GSA Lease Lacks Standing to Raise Appropriations Issues
October 2017, Pratt's Government Contracting Law Report
October 2017, Pratt's Government Contracting Law Report
October 2017, Digital Health Legal
October 2017, The Banking Law Journal
October 2017
Covington's Data Privacy and Cybersecurity practice is excited to take part in National Cybersecurity Awareness Month. Throughout October, our lawyers will highlight top-of-mind concerns, provide helpful tips, and discuss the cybersecurity landscape more generally through a series of posts on our Inside Privacy blog. Below you can find our most recent content, ...
Does FDARA Open the Door to Third-Party Reviews of Implantable Devices? Lawyer Discusses
September 29, 2017, Regulatory Focus
Scott Danzis is quoted in a Regulatory Focus article regarding the allowance of third-party reviews under the FDA Reauthorization Act. “While the revised statute does allow for implantable, life sustaining, or life supporting devices to be eligible for third party review, we expect that FDA will be cautious in adding such devices to that program," Danzis says. ...
September 28, 2017, CNBC
Lord Francis Maude appeared on CNBC to discuss the Brexit negotiations and the potential impact of Jeremy Corbyn.
September 27, 2017, Bloomberg BNA
Anne Termine is quoted in a Bloomberg BNA article regarding the CFTC's new enforcement policy following Director James McDonald's September 25 speech. Termine asks, "Will every report to the CFTC result in an enforcement investigation?’’ McDonald indicated that’s not where he wants to go and seems to recognize that the CFTC has to establish a dialogue with the ...
All Change: Top Five Global Mobility Hot Topics
September 27, 2017, Employment Webinar Series
September 26, 2017, The Wall Street Journal
Stephen Rademaker is quoted by The Wall Street Journal in an article regarding potential restrictions to Russian military flights over American territory. According to Rademaker, "[Russia is] imposing nuisance restrictions that diminish the usefulness of the treaty to the U.S." He adds, "Russia will comply to the extent they feel they have to or want to. That's ...
September 26, 2017, The Pink Sheet
A blog post by Jennifer Boudet and Miranda Cole is referenced in a Pink Sheet article regarding the Advocate General's Opinion in Hoffmann-La Roche vs Autorità Garante della Concurrenza e del Mercato. Boudet and Cole write, if the opinion was followed by the full court it could have "significant implications for market definition in relation to pharmaceutical ...
September 26, 2017, The China Investor, Vol. 1, Issue 2
Here Comes the Real Brexit Fight Over Cash
September 25, 2017, Bloomberg
Sir Michael Leigh is quoted in a Bloomberg article following Theresa May's speech in which she affirmed that Britain will pay its dues to the European Union through 2020. Commenting on the Brexit negotiations, Leigh says, "Money is the most visible issue, the most sensitive, and the most likely to be the focus of disagreements."
September 25, 2017, Bloomberg BNA
Anne Termine is quoted in a Bloomberg BNA article ahead of CFTC Director James McDonald's expected announcement of a new policy to incentivize self-reporting and cooperation. According to Termine, the CFTC "wants to encourage cooperation, but then people are asking, `what is cooperation going to get me?' That's the number one complaint I always get." She adds, ...
September 22, 2017, The Recorder
Lindsey Tonsager is quoted by The Recorder in an article regarding the recent decision in a case brought by the FTC alleging that selling connected devices with known security weaknesses is an unfair and deceptive business practice. According to Tonsager, "Judge Donato's order should discourage the FTC from adopting a legal standard that would consider potential ...
5 Takeaways From CFIUS' Latest Annual Report
September 22, 2017, Law360
Mark Plotkin is quoted in a Law360 article providing key takeaways from the Committee on Foreign Investment in the United States (CFIUS) annual report. According to Plotkin, “The increase in the number of investigations in 2015 I think foreshadows what has become a trend of increased tightening and scrutiny by CFIUS over the last few years that accelerated in ...
September 22, 2017, Covington Alert
President Trump has issued an Executive Order (“the Order”), effective September 21, 2017, imposing additional sanctions on persons doing business in certain sectors of the North Korean economy or engaging in certain trade or financial activities involving North Korea. President Trump issued the Order in response to North Korea’s recent intercontinental ...
September 21, 2017, Covington Alert
Perhaps no industry faces more scrutiny and regulation of its political activities than the financial industry. Even though these rules are often not intuitive, failure to comply with them can result in big penalties, loss of business, and debilitating reputational consequences. This primer describes three sometimes overlooked risk areas for investment firms: ...
September 21, 2017, Covington Alert
On September 14, 2017, the Financial Conduct Authority (FCA) confirmed that it was making a Market Investigation Reference (MIR) to the Competition and Markets Authority (CMA) in relation to services for investment consultancy and fiduciary management. This is the first time the FCA, which has significant numbers of competition lawyers within its ranks, has ...
Newly-Released CFIUS Annual Report for 2015 Foreshadows Heightened Scrutiny of Foreign Investment
September 21, 2017, Covington Alert
The Committee on Foreign Investment in the United States (“CFIUS”) this week released its long-awaited Annual Report to Congress regarding foreign acquisitions of U.S. businesses reviewed by CFIUS in 2015. The report provides important data that yields insights into the types of transactions the Committee reviewed and the Committee’s treatment of those ...
September/October 2017, Trends
The American Bar Association published a tribute to Theodore Garrett highlighting his many contributions to Trends, published by the Section of the Environment, Energy, and Resources. Garrett served as Contributing Editor of the "In Brief" column for over 25 years.
September 20, 2017, Covington Alert
On August 18, 2017, President Trump signed H.R. 2430, the FDA Reauthorization Act of 2017, which became Public Law No. 115-52 (“FDARA”). Principally, FDARA reauthorizes the Food and Drug Administration (“FDA” or “the agency”) user fee programs, including the Medical Device User Fee Amendments, the Prescription Drug User Fee Amendments, the Biosimilars User Fee ...
September 20, 2017, Covington Alert
This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.
September 19, 2017, BNA's Federal Contracts Report
Justin Ganderson is quoted in a Federal Contracts Report article regarding government contracts petitions seeking review from the Supreme Court. Commenting on Rothe Development Inc.'s petition seeking review of the constitutionality of the Small Business Administration's 8(a) program, Ganderson says, challenges to the 8(a) program may not end if the court passes ...
A Look at Four FCA Petitions Seeking Supreme Court Input
September 19, 2017, BNA's Federal Contracts Report
Justin Ganderson is quoted in a Federal Contracts Report article examining a number of False Claims Act petitions seeking Supreme Court input. According to Ganderson, the fact that Universal Health is only 15 months old makes it unlikely the court will take on this case, but doing so could ‘‘further clarify the contours and bounds of implied certification." He ...
Setting up a DC Government Affairs Office—A Consultant's Perspective
September 19, 2017, OFII
September 18, 2017, BNA's Federal Contracts Report
Fred Levy is quoted in a Federal Contracts Report article regarding a provision in the 2018 National Defense Authorization Act that would require the Pentagon to file a report to Congress on contracting fraud. According to Levy, the amendment appears to be a way for Congress to try to keep tabs on DoD, which was subjected to appropriations bills starting in 2012 ...
The EU Gets Serious About Cyber: The EU Cybersecurity Act and Other Elements of the "Cyber Package"
September 18, 2017, Covington Alert
Last week, in his annual State of the European Union Address, the President of the European Commission Jean-Claude Juncker called out cybersecurity as a key priority for the European Union in the year ahead. In terms of ranking those priorities, President Juncker placed tackling cyber threats just one place below the EU leading the fight against climate change, ...
September 15, 2017
BRUSSELS—Sir Michael Leigh has joined Covington’s Global Public Policy and Government Affairs practice as a Senior Advisor. Dr. Leigh was Director-General of DG Enlargement at the European Commission from 2006 to 2011 and as such served as chief European Union negotiator with candidate countries. From 2003 to 2006, he was Deputy Director-General of External ...
September 14, 2017, Covington Alert
We are writing to provide our perspective on two significant developments involving the Committee on Foreign Investment in the United States (“CFIUS”).
Regulatory and Legislative Blockbuster: Where Are We Headed Under the Trump Administration?
September 14, 2017, ABA Life Sciences Legal Summit
Juncker’s one-president proposal draws few cheers
September 13, 2017, Politico
Jean De Ruyt is quoted in a Politico article regarding EU Commission President Jean-Claude Juncker’s proposal to combine presidencies with Council President Donald Tusk. According to De Ruyt, it is a “logical idea” and has long been discussed in EU circles. The Council president and Commission president “already share around 80 percent of their competences,” De ...
Beyond 100 Days
September 13, 2017, BBC
Lord Francis Maude appeared on BBC to discuss Jean-Claude Juncker's State of the Union speech and Brexit.
September 13, 2017, Covington Alert
The universe of those covered by the SEC’s pay-to-play restrictions is expanding. If a newly proposed SEC rule is adopted as expected, pay-to-play restrictions will now extend to cover the recently created class of broker-dealers called Capital Acquisition Brokers (“CABs”).
Covington Adds State Dept. Veteran To Govt. Affairs Team
September 12, 2017, Law360
Stephen Rademaker is quoted in a Law360 article regarding Rademaker's recent arrival to Covington's Public Policy and Government Affairs practice. According to Rademaker, an increased reliance on sanctions as a U.S. foreign policy tool, and a presidential administration that has expressed enthusiasm for restrictive trade policies, are likely to drive increased ...
September 12, 2017, Covington Alert
While Congressional Republicans’ efforts to repeal and replace the Affordable Care Act (“ACA”) stalled at the end of July when the Senate was unable to pass repeal-and-replace legislation, a number of Senators are continuing to work on legislation to make changes to the ACA.
Covington launches trainee secondment to Brussels
September 11, 2017, The Lawyer
Hilary Prescott is quoted by The Lawyer in an article regarding Covington's new program in London which sends a trainee to the Brussels office for six months to work on EU competition law. According to Prescott, "We are excited to be constantly evolving the trainee programme, to keep up with the growth of our business in London and globally.”
September 9, 2017, Inside Energy & Environment
California continues to cement its position as a global leader in renewable energy policy and climate change reform. This session, California State Senate President, Kevin de León, authored Senate Bill 100 (S.B. 100), which would require California utilities to procure 100 percent of their energy from renewable sources by 2045. S.B. 100 has been approved...… ...
September 8, 2017, Covington Alert
As part of the Trump Administration’s move towards regulatory efficiency, FDA announced yesterday and published today in the Federal Register, the opportunity for public input on the Administration’s comprehensive review of its regulations.
September 7, 2017, Covington Alert
On Tuesday, the Trump Administration announced plans to end the Deferred Action for Childhood Arrivals (“DACA”) program, which allows qualifying, vetted undocumented immigrants who came to the United States as children to remain in the country and obtain temporary work authorization. While some components of the DACA termination will begin to take effect ...
Leading National Security Advisor Joins Covington
September 6, 2017
WASHINGTON—Stephen Rademaker has joined Covington’s Public Policy and Government Affairs practice in Washington. With wide-ranging experience working on national security issues in the White House, the State Department, and the U.S. Senate and House of Representatives, Mr. Rademaker focuses on legislative and policy issues involving sanctions, trade controls, ...
Intel verdict opens door to antitrust economists
September 6, 2017, Politico
Kevin Coates is quoted in a Politico article regarding the CJEU's long-awaited judgment in the Intel case. According to Coates, “It seems to clarify the case law in the direction of more economic analysis."
Covington Snags Rademaker
September 6, 2017, Politico
Stephen Rademaker is quoted in a Politico article regarding his recent arrival to Covington, a move described as "something of a homecoming." Commenting on reuniting with familiar faces, including Howard Berman, Rademaker says, "His office is now right next to mine, so I see him every day."
September 6, 2017, PaRR
Kevin Coates is quoted in a PaRR article regarding the CJEU's decision in the Intel abuse-of-dominance case. According to Coates, “When a court says the case law needs clarifying, they are moving on a little." He adds that the CJEU is “moving the dial incrementally” in favour of more economic analysis as compared to the traditional case law of the court going ...
September 6, 2017, Global Competition Review
Kevin Coates is quoted in a Global Competition Review article regarding the CJEU's judgment in the Intel abuse-of-dominance case, which now returns to the general court. According to Coates, the ruling incrementally moves the case law, requiring the enforcer to apply the AEC analysis if the defendant brings evidence forward in the administrative procedure, but ...
EU Intel decision bolsters tech cos.' antitrust defences
September 6, 2017, Law360
Kevin Coates is quoted in a Law360 article regarding the CJEU's decision to send a €1.06 billion abuse-of-dominance fine imposed on Intel back to the lower court for another look. According to Coates, the high court’s decision was more of a criticism of the lower court’s handling of the case than of the commission’s conclusions about the rebates. “It’s really ...
Intel wins review of EU's euro 1bn antitrust fine
September 6, 2017, Financial Times
Kevin Coates is quoted in a Financial Times article regarding the CJEU's judgment in the Intel case where the higher court sent the case back to the general court. According to Coates, "It is more a criticism of the general court for not looking at the whole decision but only looking at a part of it."
EU Court Reverses Ruling On Employee Chat Surveillance
September 5, 2017, Law360
Helena Milner-Smith is quoted in a Law360 article regarding the European Court of Human Rights ruling on employee privacy in a case brought by Bogdan Mihai Barbulescu. "The decision serves as a reminder for employers who monitor workplace communications to ensure their monitoring practices do not go beyond what is necessary for a legitimate purpose, that ...
September 5, 2017, Bloomberg
Muftiah McCartin is quoted in a Bloomberg article regarding tasks Congress must tackle before September 30. According to McCartin, “It’s hard enough when you’re working all together," commenting on Republicans in the White House and Congress.
September 5, 2017, Bloomberg
Helena Milner-Smith is quoted in a Bloomberg article regarding the European Court of Human Rights ruling on employee privacy in a case brought by Bogdan Mihai Barbulescu. According to Milner-Smith, the ruling should remind employers not to "go beyond what is necessary for a legitimate purpose." She adds, "However, the Grand Chamber’s ruling will have very little ...
September 5, 2017, The Law Society Gazette
Helena Milner-Smith is quoted by The Law Society Gazette in an article regarding the European Court of Human Rights ruling on employee privacy in a case brought by Bogdan Mihai Barbulescu. According to Milner-Smith, "The decision serves as a reminder for employers who monitor workplace communications to ensure their monitoring practices do not go beyond what is ...
Brexit: squaring the circle
September 4, 2017, Commercial Dispute Resolution
Bart Van Vooren is quoted in a Commercial Dispute Resolution article regarding the government's plans for post-Brexit enforcement and dispute resolution. Commenting on the Department for Exiting the European Union's position paper on the topic, Van Vooren says, it is “about much more” than just its title. He adds, “A number of suggested alternate mechanisms to ...
September 2017, Covington Alert
On March 5, 2017, the Belgian parliament enacted the Flexible and Workable Work Law, which seeks to increase flexibility for both employers and employees.
August 31, 2017, Inside Energy & Environment
Today The Vanguard Group, the Nation’s second largest fund group with over $4 trillion in assets under management, issued three publications — a press release, an open letter by Vanguard’s CEO, and its 2017 Investment Stewardship Annual Report — highlighting Vanguard’s evolving view that responsible disclosure and management of climate risk is an essential ...
China Seeks Comments on Updated Draft of Cross-Border Data Transfer Security Assessment Standard
August 31, 2017, Covington Alert
On August 31, 2017, China’s National Information Security Standardization Technical Committee (“NISSTC”), a standard-setting committee jointly supervised by the Standardization Administration of China (“SAC”) and the Cyberspace Administration of China (“CAC”), released an updated draft of the Information Security Technology - Guidelines for Data Cross-Border ...
Industry Pushes CFTC to Prioritise Cross-Border Clarity
August 30, 2017, Risk
Stephen Humenik is quoted in a Risk article regarding the industry push for an overhaul of cross-border aspects of U.S. regulation in order to compliment rules expected to be implemented around the world. According to Humenik, “Previously, only the CFTC had its full rule sets up and running, but now all the other global regulators are getting to that point. This ...
August 29, 2017, Covington Alert
Last week, President Trump issued an Executive Order imposing new economic sanctions on the Venezuelan government in response to President Nicolás Maduro’s increasingly authoritarian actions. The new sanctions expand the U.S. restrictions against Venezuela, which previously were comprised of sanctions against a few key individuals, but they do not amount to a ...
August 28, 2017, Philadelphia Inquirer
Witney Schneidman is quoted by the Philadelphia Inquirer in an article regarding the impact of Mavuno Harvest, which imports dried fruits from sub-Saharan Africa to sell at Whole Foods and other retailers, on African economic development. "In taking those mangoes and bananas and drying them and then connecting them with Whole Foods and other retailers in the ...
August 28, 2017, Covington Alert
The U.S. Commodity Futures Trading Commission (the “CFTC” or the “Commission”) has been very active since the beginning of this year, despite the change in Presidential Administration, the lack (until recently) of appointed Commissioners, and the turnover of leadership at both the Commission and Division level. Notably, the Commission has announced over 20 ...
August 25, 2017, Bloomberg BNA
Kurt Wimmer is quoted by Bloomberg BNA in an article regarding the FTC's weekly data security investigation blog. According to Wimmer, the FTC’s "Stick With Security” blog is “serving a highly useful role.” He adds that the initiative is “taking many of the key principles from the ‘Start with Security’ program and the FTC’s consent orders and rolling them out in ...
August 25, 2017, Risk
Stephen Humenik is quoted in a Risk article regarding plans by the new CFTC Commissioners to finalize position limits for commodity exposures. “It will take months to get to the point of finalizing position limits, just because there is so much history there. Plus you have new CFTC commissioners coming on board who haven’t worked on the rules before, haven’t ...
August 24, 2017, Inside Energy & Environment
In November 2016, FERC issued a Notice of Proposed Rulemaking (NOPR) that would require new generating facilities to install and operate equipment that provides primary frequency response service to the grid. Based on some of the comments received on the NOPR, FERC issued a request for supplemental comments. The reliable operation of the alternating ...
POLITICO Brussels Playbook: UK Brexit 'fairy tale' —Theresa May's pink line — Italy's Northern League goes soft
August 24, 2017, Politico
Bart Van Vooren is quoted in Politico's "Brussels Playbook" regarding the UK's ECJ Brexit position paper. According to Van Vooren, “Although it reads like a non-committal overview of possible options, there is a clear focus on the most advanced forms of institutional integration currently in existence (other than the EU itself, of course)."
August 23, 2017, The Law Society Gazette
Bart Van Vooren is quoted by The Law Society Gazette in an article regarding the UK's position paper which dismisses the European Commission’s demand for disputes to be handled by the CJEU. According to Van Vooren, the paper "has the seeds of a compromise on the CJEU."
August 23, 2017, Strategic Risk
August 22, 2017, Bank Info Security
Alex Berengaut's Law360article weighing the constitutionality of the Marcus Hutchins indictment is cited in a Bank Info Security story examining questions raised by the case. According to Berengaut, it's not clear that federal prosecutors have a right to bring charges against Hutchins.
Brexit Bulletin: ‘Confused and Puzzled’
August 22, 2017, Bloomberg
Bart Van Vooren is quoted in Bloomberg's "Brexit Bulletin" regarding a position paper from Theresa May's government on how it sees the post-Brexit relationship with Europe. According to Van Vooren, in the August 21 paper, the UK asked for British drug manufacturers to be able to release medicines to the European market after Brexit. Yet that would only work if ...
Code Linked to MalwareTech and Kronos Published in 2009
August 21, 2017, Security Week
Alex Berengaut's Law360 article on the constitutionality of the Marcus Hutchins indictment is cited in a Security Week story examining recent case developments. “Since Hutchins’ indictment, commentators have questioned whether the creation and selling of malware—without actually using the malware—violates the two statutes under which Hutchins was charged: the ...
August 21, 2017, Bloomberg
Bart Van Vooren is quoted in a Bloomberg article regarding the release of UK position papers outlining its goals of a future relationship with Europe. “Without the U.K. making a fundamental choice on its future relationship to the EU, it cannot expect to receive this depth of mutual recognition,” says Van Vooren. “Without making that choice clear now, the ...