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Covington has an industry-leading data privacy and cybersecurity practice. Described by Chambers and Partners as an “accomplished group of privacy and data security practitioners” that “provides dynamic, practical, real-world advice,” we specialize in helping clients address complex, cutting-edge challenges to managing data privacy and cybersecurity risk. We regularly draw upon our cross-disciplinary expertise to provide efficient and effective counseling and representation. Our work ranges from assisting large, multinational clients in conducting privacy and security audits—to assess the ways in which they collect, handle, and protect their customers’ and employees’ personal information—to providing regulatory compliance advice in connection with specific business practices.
Our practice provides exceptional coverage of all of the substantive areas of privacy and data security, including IT/technology, data security, financial privacy, health privacy, employment privacy, litigation and transactions. Our client list contains a broad range of leading companies across numerous sectors, including consumer products, banking and financial services, health care, Internet services, pharmaceuticals, and telecommunications.
With global data privacy and cybersecurity attorneys based in Washington, New York, San Francisco, London, Brussels, and Beijing, our multi-lingual team has represented clients worldwide on a full range of legal, regulatory, and legislative matters involving privacy and cybersecurity issues.
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.
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.
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.
Achieved favorable resolution for Patagonia in a putative class action alleging wrongful collection of personal information in connection with credit card transactions.
Represented a large social-media platform in connection with the development and implementation of new online advertising products.
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.
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.
Prepared extensive privacy training materials and participated in training sessions for employees of European subsidiaries of a U.S.-based company.
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.
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.
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.
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.
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.
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.
Advised Microsoft in relation to the data protection aspects of the purchases of Nokia’s device and services business and Skype.
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.
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.
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.
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.
Reviewing and amending BCRs for a Swiss-based pharmaceutical company with the French data protection authority acting as the lead authority.
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.
Defending Sherwin-Williams in a putative class action alleging violations of the Telephone Consumer Protection Act in connection with a commercial text message program for paint contractors.
Achieved a favorable resolution for Shoe Show in a putative class action alleging violation of the Fair and Accurate Credit Transaction Act for allegedly printing expiration dates on credit card receipts.
Providing general privacy advice in connection with AOL’s advertising businesses.
Achieved dismissal of a putative class action against AOL alleging violations of the Telephone Consumer Protection Act. The complaint sought to hold AOL liable for misdirected text messages sent by users of AOL’s Instant Messenger system.
Achieved dismissal of a putative class action against AOL alleging violations of the Wiretap Act, Video Privacy Protection Act, and numerous state laws. The suit alleged unauthorized collection of personal information from the plaintiffs’ computers using “Flash cookies” and unlawful disclosure of video viewing information to third parties.
Achieved dismissals of three putative class actions against Cable One, a cable and Internet service provider, in litigation involving claims under the Wiretap Act, the Computer Fraud and Abuse Act, and related state laws. The litigation arose out of a third party’s test of a system using “deep packet inspection” for the purpose of serving targeted advertisements.
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.
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.
Assisting a multinational manufacturer of machinery in the developing of BCRs.
Assisting a multinational manufacturer of heavy equipment in the adoption of BCRs.
Assisting a multinational manufacturer of products for the aerospace and building industries in developing BCRs.
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.
Assisting a global e-commerce company in preparing and filing BCRs with the Luxembourg data protection authority.
We represented Abbott Laboratories in connection with its global spin-off of its pharmaceutical research business, and creation of a new global enterprise, AbbVie.
Advising a multinational chemicals company on international data transfers.
Helping numerous companies self-certify under the Safe Harbor framework.
Advised a major pharmaceutical client on the collection and use of its employees’ biometric information and social security numbers for internal purposes.
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.
Routinely draft ad-serving agreements, data licenses, and advertising terms and guidelines for website advertising and advertising delivered on mobile and social media platforms.
Advice on European geo-location data issues for major international service provider.
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.
Advised Facebook, in connection with its acquisitions of Instagram, Oculus, WhatsApp and other entities.
On behalf of a major consumer products company, developed a HIPAA training module for the company’s health plan.
Advised major corporations on HIPAA compliance issues relating to their employer health plans.
Advising Microsoft on a broad range of privacy and data security issues impacting its services in Europe and at a global level.
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.
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.
Designed a compact worldwide privacy compliance program for a U.S. multinational company.
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.
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
Advising numerous clients on the possible implications of the proposed General Data Protection Regulation.
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.
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.
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.
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.
Devised a data privacy compliance program relating to international HR data processed by a US-headquartered multinational.
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.
Advised on advertising policies, including with respect to privacy laws, including the Children’s Online Privacy Protection Act, and developed advertising 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.
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.
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.
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.
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.
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.
Advising numerous companies on data subjects’ right of access and right to be forgotten.
Advising a multinational pharmaceutical company on state privacy issues relating to a vaccine outreach program.
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.
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.
Advising global pharmaceutical companies on HIPAA and state privacy issues relating to pharmaceutical marketing programs.
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.
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.
Represented media companies in class actions alleging improper collection and/or disclosure of user information.
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.
Assisted several large pharmaceutical companies with a variety of privacy issues relating to clinical trials, further use of data and pharmacovigilance reporting.
Advised online retailers regarding compliance with the Payment Card Industry standards for the storage, processing, and transmission of credit cardholder data.
Advising a global online travel company in relation to the company’s expansion in the Asian markets, including compliance with laws regulating the Internet.
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.
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.
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.”
Defending Huawei, a Chinese mobile handset maker, in a putative class action alleging violations of the Wiretap Act, Stored Communications Act, and various state laws. The suit stems from the allegation that third-party mobile analytics software transmitted data about mobile device users’ activities to other parties without authorization.
Achieved dismissal on summary judgment of a putative class action against Hulu alleging violation of the Video Privacy Protection Act. The complaint alleged that Hulu disclosed to third parties the video viewing information of individual Hulu users.
Achieved dismissal of a putative class action against The Huffington Post alleging violations of the Telephone Consumer Protection Act. The suit asserted unlawful transmission of unsolicited text messages.
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.
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.
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.
Advising Microsoft on the application of educational and children’s privacy rules to cloud computing services.
Advising Microsoft on consent requirements under the Electronic Communications Privacy Act for responding to civil legal process requests in connection with cloud computing services.
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.
Advised a European telecommunications client on data retention matters, and on strategy and compliance relating to new services using customer data.
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.
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.
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.
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.
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.
We have directed investigations into cyber-based insider thefts of highly sensitive proprietary information and consumer information.
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.
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.
We have successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches.
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.
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.
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.”
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.
Regularly advise multinational clients on Russian data privacy issues.
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.
Advised employer health plans on HIPAA breach notification requirements relating to breaches of protected health information held by the plans.
March 28, 2017, Inside Privacy
The House voted today to adopt a joint resolution to repeal the FCC’s broadband privacy rules, following the Senate’s vote to adopt the same resolution last week. President Trump is expected to sign the resolution into law, which overrules the FCC rules that were set to go into effect later this year. The mechanism for … Continue Reading
March 24, 2017, Inside Privacy
New York Attorney General Eric T. Schneiderman announced this week that there were a record number of data breach notices in New York in 2016, with nearly 1,300 reported data breaches exposing the personal records of 1.6 million New Yorkers. These numbers represented a 60 percent year-over-year increase in the number of data breaches reported, … Continue Reading
March 22, 2017, Inside Privacy
By Stephen Kiehl Continuing their focus on drone privacy issues, Senator Edward J. Markey (D-Mass.) and Rep. Peter Welch (D-Vt.) introduced legislation in the House and Senate this month that would require drone operators to create policies covering data collection and retention and require warrants for law enforcement agencies to conduct surveillance by drone. ...
Senators Ed Markey (D-MA) and Richard Blumenthal (D-CT) reintroduced a pair of bills today relating to the cybersecurity of cars and aircraft, which would impose affirmative security, disclosure, and consent requirements on manufacturers and air carriers. The Security and Privacy in Your Car (“SPY Car”) Act and Cybersecurity Standards for Aircraft to Improve ...
March 20, 2017, Inside Privacy
The FTC announced today that it will hold a joint workshop on June 28, 2017 with the National Highway Traffic Safety Administration (NHTSA) to “examine the consumer privacy and security issues posed by automated and connected motor vehicles.” The announcement lists several discussion topics for the upcoming workshop: the types of data vehicles with wireless … ...
March 15, 2017, Inside Privacy
The UK Information Commissioner’s Office (ICO), which enforces data protection legislation in the UK, has fined a company £20,000 (approximately 24,000 USD / 23,000 EUR) for not exercising sufficient due diligence when buying and using marketing databases. The ICO found that over 580,000 individuals’ contact details had been obtained by The Data Supply Company ...
March 13, 2017, Inside Privacy
By Luca Tosoni and Dan Cooper On 2 February 2017, the Italian DPA (“Garante”) imposed a record fine of 5,880,000 Euros on a UK company operating in Italy for its violation of the data privacy consent rules contained in Italian law. This is the largest data privacy fine ever issued by a European data protection … Continue Reading
March 10, 2017, Inside Privacy
On March 9, 2017, the Court of Justice of the EU (“CJEU”) handed down a ruling limiting the reach of its prior “right to be forgotten” jurisprudence, by holding that the right does not prevail over society’s interest in access to official public records of company details required by law. In its famous Costeja/Google Spain ruling, … Continue Reading
March 8, 2017, Inside Privacy
By Dan Cooper and Rosie Klement On March 2, 2017, the Information Commissioner’s Office (“ICO”) released draft guidance for UK organizations on how the notion of consent will be interpreted and applied when the General Data Protection Regulation (“GDPR”) comes into force in May 2018. The ICO is currently engaging in a public consultation on … Continue Reading
March 7, 2017, Compliance Week
Compliance Week references a Covington client alert on China’s draft regulation on cybersecurity review of network products and services. According to the alert, “As the draft measures come into force in the coming months, such companies will need to carefully assess the implications of the draft measures, including whether to voluntarily seek security reviews ...
March 6, 2017, Inside Privacy
On March 2nd, Democratic members of the House Energy and Commerce Committee introduced three pieces of legislation that would expand the Federal Communications Commission’s (FCC) authority over the cybersecurity practices of communications network providers. The first bill, the “Securing IoT Act of 2017” (introduced by Rep. Jerry McNerney (D-CA)), would expand ...
March 6, 2017, Business Insurance
Lindsay Burke is quoted in a Business Insurance article regarding the risks associated with internal office chat applications. “People think of it as a casual form of communication,” Burke says, “and they forget that it’s business and usually the company is keeping a record of the communication. And if the company finds itself in litigation, then the discovery ...
March 2017, Pratt's Government Contracting Law Report
March 2017, National Defense
February 22, 2017, The Cybersecurity Law Report
Steve Surdu was interviewed by The Cybersecurity Law Report for a three-part series on the role of forensic firms during a cyber breach. Part one discusses how to understand and leverage the expertise of forensic firms from the start. According to Surdu, forensic consultants have specialized skills and knowledge “that are very difficult for most organizations to ...
February 15, 2017, Webinar
February 7, 2017, Covington Alert
On February 4, 2017, the Cyberspace Administration of China (“CAC”) released the draft Measures on the Security Review of Network Products and Services (“the draft Measures”) for public comment (official Chinese version available here; Covington’s translation of the draft Measures is here). The comment period ends on March 4, 2017.
February 3, 2017, Global Investigations Review
Ian Hargreaves and David Lorello are quoted in a Global Investigations Review article regarding Hargreaves’ recent arrival to Covington. According to Hargreaves, the firm’s “pre-eminence in dispute resolution, and its immense strength and global recognition as a market-leader in white-collar crime matters and investigations” fueled his decision.
Lorello says, ...
February 1, 2017
WASHINGTON—Matthew S. DelNero has rejoined Covington as a partner in its Communications and Media Practice Group in Washington. Mr. DelNero most recently served as Chief of the Federal Communications Commission’s Wireline Competition Bureau.
Mr. DelNero was a Covington partner from 2011 until January 2014, when he became Deputy Chief of the Wireline Competition ...
February 2017, The American Lawyer
Eric Mogilnicki was featured as a “Lateral All-Star” in The American Lawyer’s Lateral Report, recognizing his move to Covington as one of the “most notable and intriguing” in 2016.
February 1, 2017, Broadcasting & Cable
Matt DelNero is quoted in a Broadcasting & Cable article regarding his return to Covington’s Communications and Media practice. According to DelNero, “I look forward to handling a diverse array of issues for clients in the content, telecommunications, and technology sectors and to helping develop the firm’s Media & Communications practice into the future.”
February 1, 2017, Law360
Matt DelNero and Yaron Dori are quoted in a Law360 article regarding DelNero’s return to Covington as a partner in its Communications and Media Practice Group where he will oversee a diverse portfolio of telecom issues, including broadband expansion, privacy, data security and merger activity, bringing to the practice a new appreciation for the policy process ...
January 31, 2017
LONDON—Ian Hargreaves has joined Covington as a partner in the firm’s European Dispute Resolution practice resident in London. Mr. Hargreaves’ arrival follows that of litigation partners Craig Pollack, Greg Lascelles, Elaine Whiteford, and Louise Freeman over the past six months.
Mr. Hargreaves advises on major European white collar and related civil and ...
January 24, 2017, Law360
Mark Young, Jennifer Martin, and Ian Hargreaves are quoted in a Law360 article regarding the high level of cyberattacks on the financial services industry and the resulting regulatory pressures. According to Young, “The GDPR [General Data Protection Regulation] is a massive text with groundbreaking change in the data privacy area, in terms of compliance ...
January 17, 2017, Federal Contracts Report
Susan Cassidy is quoted in a Federal Contracts Report article regarding the fate of cybersecurity improvements made by the DoD under President Trump. According to Cassidy, “I would expect those to continue forward because I don't see a political will to say, ‘No you shouldn't protect this.’”
The nomination of former Sen. Dan Coats (R-Ind.) to serve as director ...
January 6, 2017, PaymentsCompliance
Jennifer Martin is quoted in a PaymentsCompliance article regarding revisions to “first-in-nation” cybersecurity rules made by New York financial regulators following industry backlash. According to Martin, third-party service due diligence requirements had been clarified to “narrow and more clearly describe the regulation’s applicability to vendors.”
January 4, 2017, Covington Alert
President Obama announced several actions on December 29 to respond to Russian cyber operations that the U.S. intelligence community previously had concluded were intended to influence the U.S. presidential election. Specifically, the President revised and expanded an earlier executive order that blocks the property and interests in property of persons that ...
January 2017, Pratt’s Government Contracting Law Report
December 28, 2016, American Banker
Ethan Levisohn is quoted in American Banker regarding the potential restructuring of the Consumer Financial Protection Bureau under President-elect Trump and the new Congress. Ethan comments on the PHH Corp. v. CFPB case, which in October found that the CFPB’s single-director structure is unconstitutional. According to Levisohn, PHH may have clipped the bureau's ...
December 15, 2016, CCT News
Daniel Cooper is quoted by CCT News in an article regarding the use of wearable technology in the workplace. According to Cooper, the use of wearable devices is a good way, especially for insurers. However, the wearers’ privacy must be taken care of as well as their legitimate treatment concerns.
December 14, 2016, Covington Alert
Recent reports from both government and private groups have highlighted the risk that cyber hacking may now cause serious physical injury or damage. This new risk stems from connected industrial controls or electronic devices comprising the Internet of Things (IoT)—the network of over 50 billion objects ranging from children’s toys to home appliances to medical ...
November 30, 2016, The Cybersecurity Law Report
Jennifer Martin is quoted in a Cybersecurity Law Report article regarding Internet of Things guidance from regulatory agencies such as the National Institute of Standards and Technology and the Department of Homeland Security. To best implement the advice from these sources, Martin says companies need to (1) understand the basic building blocks and principles of ...
November 21, 2016, Financial Times
Daniel Cooper is quoted in a Financial Times article regarding wearable technology in the workplace. According to Cooper, not everyone will welcome sharing intimate personal information with the boss, however. “Wearable devices could be a good way for insurers to get the data . . . but it’s essential to address wearers’ privacy and fair treatment concerns and ...
November 8, 2016, Covington Alert
On November 7, the Standing Committee of China’s National People’s Congress (“NPC”) passed China’s first Cybersecurity Law (the “Law”), which will take effect starting June 1, 2017.
Described as China’s “fundamental law” in the area of cybersecurity, the new Law articulates the government’s priorities with respect to “cyberspace sovereignty,” consolidates ...
November 2, 2016
NEW YORK—The National Law Journal has named Covington’s Jennifer Martin as one of its “Cybersecurity & Data Privacy Trailblazers.” The list profiles 50 lawyers “who have helped make a difference in the fight against criminal cyberactivity and towards adding much needed layers of data security in an increasingly digital world of commerce.”
Ms. Martin has worked ...
October 20, 2016, Covington Alert
On October 19, 2016, the Board of Governors of the Federal Reserve System (Federal Reserve), Office of the Comptroller of the Currency (OCC), and Federal Deposit Insurance Corporation (FDIC) (collectively the “Agencies”) released a joint Advance Notice of Proposed Rulemaking (ANPR) requesting public comment on enhanced cybersecurity standards that would apply to ...
October 3, 2016, Federal Contracts Report
Susan Cassidy is quoted in a Federal Contracts Report article regarding the Defense Department’s updated cyber incident reporting rule. According to Cassidy, the rule succeeded in clarifying some industry concerns, but did not address them all. “They didn't take an opportunity to clarify everything you might have hoped they would.” For example, when asked ...
September 28, 2016, The FCPA Report
Eric Carlson is quoted in an FCPA Report article regarding China’s data privacy and cybersecurity laws and how they apply to companies doing business in China. Commenting on performing due diligence while avoiding data privacy issues, Carlson says, “For due diligence purposes, it is still safe and appropriate to gather corporate information such as whether a ...
September 20, 2016
WASHINGTON—Global Investigations Review has named the Microsoft warrant access case as the winner of the “Most Important Court Case of the Year.” Covington served as co-counsel to Microsoft and helped secure a landmark win in the U.S. Court of Appeals for the Second Circuit. GIR also ranked Covington among the top 15 investigations practices in the world in its ...
September 12, 2016
LOS ANGELES—The Los Angeles Business Journal has recognized Aaron Lewis as one of the “Most Influential Minority Lawyers” in Los Angeles. The inaugural list names 40 “stellar minority lawyers in the LA region,” highlighting recent success in their respective areas of practice.
The Los Angeles Business Journal highlighted Mr. Lewis’s recent significant ...
August 11, 2016, The American Lawyer
James Garland participated in a Q&A with The American Lawyer regarding the firm’s relationship with Microsoft and its recent work on an important internet search case in the Second Circuit. According to Garland, “Microsoft has a very strategic approach toward its legal functions and litigation in particular. In cases like this that are of strategic policy ...
August 5, 2016, ABA Journal
Jennifer Martin participated in the American Bar Association’s Annual Meeting and is quoted in an ABA Journal article regarding effective cybersecurity in today’s current threat environment. Martin discussed the importance of concentrating on developing an incident response program. “More and more companies have plans, but the devil is really in the details. She ...
July 27, 2016, Global Investigations Review
Stephen Surdu and James Garland are quoted in a GIR article regarding Surdu’s arrival to Covington as a Senior Cybersecurity Advisor. “In the fog of war, companies do not think clearly,” Surdu says. “They want to do the right thing, but they do not quite know what that is. As someone who has handled many cybersecurity investigations, I can help calm the ship.” ...
July 25, 2016, Covington Alert
Search warrants served on U.S. Internet companies and cloud service providers cannot obtain customer data stored overseas, the U.S. Court of Appeals for the Second Circuit ruled on July 14. The federal appellate decision focuses on warrants issued under the federal Electronic Communications Privacy Act (“ECPA”) and formally applies only in the Second Circuit, ...
July 21, 2016, Law360
David Fagan and Stephen Surdu are quoted in a Law360 article regarding the launch of Covington’s new Cybersecurity Incident Response Team in conjunction with the arrival of Surdu and Jenny Martin. According to Fagan, “We’re a big firm with clients that span the globe. They can’t control when they have incidents, and you can get calls on a Friday afternoon from ...
July 18, 2016
WASHINGTON—Covington has formed an enhanced team of lawyers and advisors to provide cybersecurity incident response services to clients, highlighted by Stephen Surdu, who formerly led the professional services group of Mandiant, joining the team as a Senior Cybersecurity Advisor.
Through the formation of the Cybersecurity Incident Response Team with members on ...
July 18, 2016, The American Lawyer
James Garland and Steve Surdu are quoted in an American Lawyer article regarding the launch of Covington’s Cybersecurity Incident Response Team, highlighted by Surdu’s recent arrival as a Senior Cybersecurity Advisor. According to Garland, "The lawyers that do the interviews and oversee the forensic investigation, we're experienced but we're not engineers." He ...
July 18, 2016, Federal News Radio
Michael Chertoff appeared on Federal News Radio for a panel discussion on the current cybersecurity environment and the evolution of data-centric security. “What’s different now is because of modern data analytics, the ability to take huge volumes of data at enormous scale and then to be able to analyze and make use of that data is something that’s brand new.”
July 14, 2016
WASHINGTON—The U.S. Court of Appeals for the Second Circuit has ruled in favor of Covington’s client Microsoft Corporation in its challenge to a U.S. warrant seeking customer emails stored in Ireland.
Microsoft argued that the warrant—issued under the Electronic Communications Privacy Act (ECPA)—could not be used to obtain emails stored abroad because it would ...
July 14, 2016, Covington Alert
At a joint press conference on July 12, 2016 in Brussels, EU Commissioner for Justice, Consumers and Gender Equality, Věra Jourová and the U.S. Secretary of Commerce, Penny Pritzker, presented the Privacy Shield (see Press Release here, Adequacy Decision text here, Annexes here, Communication here, and Q&A factsheet here). The press conference followed the ...
July 12, 2016, Covington Alert
On July 5, 2016, China’s National People’s Congress (“NPC”) released a new draft of the Cybersecurity Law for public comment (official Chinese version available here; unofficial translation from AmCham China available here). The revised draft contains a number of significant changes from the first draft, which was released in July 2015, but retains many of the ...
July 7, 2016, Covington Alert
The Brazilian financial industry has long been a target of cyber criminals, and with the continued growth of sophisticated online banking services in Brazil, such systems are a prime target for organized crime. In addition, among the emerging BRICS countries (Brazil, Russia, India, China, and South Africa), Brazil is on a par with China and Russia in terms of ...
July 1, 2016, Journal of Investment Compliance
July 2016, BNA’s World Data Protection Report
June 22, 2016, Covington Alert
On Tuesday, June 21, 2016, the Federal Aviation Administration (“FAA”) finalized its long-awaited rule on the commercial use of small unmanned aircraft systems (“UAS” or “drones”). The rule is significant because it provides a comprehensive and generally applicable set of rules for anyone wishing to operate a small drone for commercial purposes.
June 21, 2016
SILICON VALLEY—Covington advised Tencent Holdings Limited, a leading provider of internet service in China, in connection with its acquisition of a majority stake in Supercell from SoftBank. A consortium established by Tencent will acquire up to 84% of Supercell for $8.6 billion in a transaction valuing Supercell at approximately $10.2 billion.
Supercell is a ...
June 21, 2016, Webinar
June 16, 2016
WASHINGTON—Legal Bisnow has named Covington partner Alexander Berengaut to its 2016 “Top 40 Lawyers Under 40” list.
Mr. Berengaut focuses on international arbitration, civil litigation, and government enforcement proceedings. He has experience handling a range of arbitral proceedings and U.S. court litigation matters, including at trial, and has significant ...
June 2016, eHealth Law & Policy
May 31, 2016, Inside Cybersecurity
Susan Cassidy participated in a panel discussion at the annual cybersecurity conference at Georgetown University Law Center and is quoted in this Inside Cybersecurity article regarding the limited scope of liability protections under the new cyber info-sharing law. According to Cassidy, "Anything you create could be used in litigation against you," in referring ...
May 5, 2016, Data Guidance
Michael Nonaka is quoted in this Data Guidance article regarding the Payment Card Industry Security Standards Council’s latest version of its data security standard. According to Nonaka, "PCI DSS version 3.2 does not reflect sweeping changes to the requirements in prior versions, but it is indicative of the data security priorities being expressed by card ...
May 3, 2016
NEW YORK — Jennifer Martin has joined Covington’s Data Privacy and Cybersecurity practice. She most recently served as the Director of Cyber Incident Response & Investigations at Symantec.
“Jennifer has worked at the intersection of law and cybersecurity from almost every vantage point over the past 15 years,” said David Fagan, who leads Covington’s cyber and ...
May 3, 2016, Law360
Jennifer Martin and David Fagan are quoted in this Law360 article about her arrival to Covington. According to Martin, "Covington is one of a small handful of firms that has an established practice in deep cybersecurity and incident response, supplemented by well-established national security and privacy practices." She continues, "Covington provided me with the ...
May 2, 2016, Law360
May 2016, National Defense Magazine
April 23, 2016, The Washington Post
James Garland is quoted in this Washington Post article discussing whether the discovery of alternative ways to unlock iPhones without the help of Apple during investigations undermines the Justice Department’s case in seeking similar, future court orders. According to Garland, “[T]he fact that they subsequently figured out how to do it — without Apple’s help — ...
April 12, 2016, Law360
April 8, 2016, Covington Alert
On April 6, the National Telecommunications and Information Administration (NTIA), part of the U.S. Department of Commerce, issued a Request for Comment (RFC) seeking public feedback on the benefits, challenges, and potential roles for the government in fostering the advancement of the Internet of Things (IoT).
NTIA issued the RFC as part of the Commerce ...
April 2016, eHealth Law & Policy
Philippe Bradley-Schmieg is quoted in this eHealth & Policy Law article regarding WHO’s report on key eHealth trends and progress across Europe. According to Bradley-Schmieg, “The call for ‘detailed’ EHR [electronic health record] laws is questionable. German and French EHR laws have simply added to already tough and complicated legal environments, with ...
March 24, 2016, The Wall Street Journal
Daniel Cooper is quoted in The Wall Street Journal’s “Morning Risk Report” discussing how companies should best comply with global data protection regulations. Commenting on the binding corporate rule process, Cooper said,“The one thing we know about binding corporate rules is [they tend] to have more appeal to European regulators.” He continues, “For a lot of ...
March 2016, Cyber Security Law & Practice
March 2016, eHealth Law & Policy
February 19, 2016, Law360
Mark Young and Libbie Canter are quoted in this Law360 article offering tips on how deal makers can mitigate cybersecurity risks.
According to Young, any discovered incidents can give buyers pause on how — and if — they want to move forward. “We’ve dealt with at least a couple examples where deals were at least delayed if not reconsidered because of ...
February 18, 2016, Covington Alert
February 5, 2016, LexisNexis
February 1, 2016, The Guardian
Henriette Tielemans is quoted by The Guardian in an article discussing the missed Safe Harbor deadline. According to Tielemans, companies faced “enormous uncertainty” about what European regulators would deem adequate privacy protection.
January 27, 2016, Covington Alert
January 25, 2016, The Lawyer
David Fagan is quoted by The Lawyer in an article discussing the continued vulnerability of companies to data breaches and targeted cyber attacks. Fagan, commenting on cyber-related litigation, states, “Up until now, in the US, there has been little cyber-related litigation because it is very difficult to quantify the level of damage done – I can imagine the ...
January 21, 2016, MarketWatch
Kurt Wimmer is quoted in this MarketWatch article regarding the FAA’s decision to allow Cape Productions, a drone video startup, to fly drones hundreds of feet closer to people than previously permitted. According to Wimmer, the FAA’s approval for Cape Productions sets a “much more realistic precedent” for future commercial drone usage.
January 15, 2016, Law360
Henriette Tielemans is quoted in a Law360 article discussing the recent European Court of Human Rights’ decision allowing employers in the EU to monitor their employees’ online activities for business purposes. “This decision is important,” according to Tielemans. “It will bring much needed legal certainty in an area that many companies are struggling with.”
January 12, 2016, Covington Alert
January 7, 2016, Law360
Andrew Smith is quoted in this Law360 article discussing the FTC’s report that signals the commission’s intention to enforce discrimination laws related to “big data” usage. According to Smith, “Companies that are doing the right thing and have been cognizant of the FCRA and ECOA shouldn’t have any additional liability, but companies that are unaware of their ...
January 5, 2016
WASHINGTON, DC, January 5, 2016 - Covington announced that Matthew Schlesinger has joined the firm as a partner in its insurance recovery practice.
“Matt has a strong track record of success in the insurance recovery field, in particular on behalf of policyholders in the financial services sector,” said Mitchell Dolin, co-chair of the firm’s global coverage ...
WASHINGTON, DC, January 5, 2016 - Covington announced that Eric Mogilnicki has joined the firm as a partner in its Washington office and will co-chair the firm’s new Consumer Financial Services practice. Andrew Smith, who served as a senior financial services lawyer at the Federal Trade Commission prior to joining the firm, will also lead the newly formed ...
January 4, 2016, The National Law Review
December 21, 2015, Covington Alert
December 14, 2015
WASHINGTON, DC, December 14, 2015 - The National Law Journal has named Covington partner David Fagan as one of its “Cybersecurity & Data Privacy Trailblazers.” The list profiles 50 lawyers “who have helped make a difference in the fight against criminal cyber activity and towards adding much needed layers of data security in an increasingly digital world of ...
December 8, 2015, Law360
Mark Young is quoted in a Law360 article discussing the EU Network and Information Security Directive, which sets a cybersecurity and breach reporting baseline for both critical infrastructure operators, as well as digital service providers. This directive, which is the first of its kind, comes after two years of negotiations. According to Young, “There’s going ...
December 2015, Privacy & Data Protection
November 24, 2015, The Register
Dan Cooper is quoted by The Register in an article discussing the uncertainty and complications continuing to surround the Schrems decision that derailed Safe Harbour. Cooper stated that his business clients were both “surprise[d] and shock[ed]” by the European Court’s decision. “Businesses felt like the rug had been pulled out from under them,” said Cooper. ...
November 17, 2015, Covington Alert
November 9, 2015, Multichannel News
October 28, 2015, The Cybersecurity Law Report
Simon Frankel is quoted by the Cybersecurity Law Report discussing the modern interpretation of the Video Privacy Protection Act, which was first applicable to video cassette rentals in 1988. Even though it was updated in 2012, Frankel points out, “That’s sort of the broader trend – courts are really struggling with how the statute, not written for this [online] ...
October 13, 2015
WASHINGTON, DC, October 13, 2015 - Covington addresses the critical issue of how to manage risks associated with third-party outsourcing in Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers. Published in collaboration with Palo Alto Networks and the New York Stock Exchange, the book provides boards, executives and ...
October 13, 2015, Bloomberg BNA
Henriette Tielemans is quoted in this BNA article that explores the idea of finding alternative means for the transfer of data with the elimination of Safe Harbor. Countries that require national data protection authority approval may find even more issues arise when trying to formulate new ways to navigate data transfer laws. Tielemans notes that the process ...
October 6, 2015, Al Jazeera
Dan Cooper appeared on the show to discuss the implications of the ECJ Schrems judgment.
October 6, 2015, Fortune
Brussels-based partner Henriette Tielemans is quoted in this Fortune article that discusses the effects of the highest E.U. court eliminating the U.S.-E.U. data transfer agreement known as the Safe Harbor Act. “Hindsight is a beautiful thing,” said Tielemans. “We must all remember that in 2015 things are different than they were in 2000.”
October 6, 2015, Covington Alert
October 2015, Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers
September 24, 2015, Covington Alert
September 23, 2015, InsidePrivacy Blog
September 17, 2015, InsidePrivacy Blog
September 11, 2015, Covington Alert
September 2015, Bloomberg BNA World Data Protection Report
August 27, 2015, Inside Cybersecurity
Susan Cassidy was quoted in this article.
August 24, 2015, InsidePrivacy Blog
August 20, 2015
SAN FRANCISCO, August 20, 2015 — Covington advised Tencent Holdings Ltd. on its US$50 million investment in Ontario-based Kik Interactive, Inc., a messenger application with more than 200 million registered users.
Tencent is a Chinese company that provides value-added Internet, mobile and telecom services and online advertising. Its messaging app WeChat has ...
August 13, 2015, Inside Cybersecurity
Susan Cassidy was quoted in this article.
August 12, 2015, The Cybersecurity Law Report
August 11, 2015
WASHINGTON, DC, August 11, 2015 —The Los Angeles Business Journal has named Covington partner and former federal prosecutor Daniel Shallman to its list of the city’s “Most Influential Lawyers” in the white collar and cyber practice areas.
In selecting Mr. Shallman, the publication noted that he has handled “a string of impressive matters” since joining the firm ...
August 2015, Privacy Laws & Business
Article written by Covington's Lisa Peets and Ezra Steinhardt.
August 2015, Data Protection Law & Policy
August 2015, Bloomberg BNA World Data Protection Report
August 2015, Privacy Laws & Business International Report
July 17, 2015, Webinar
July 13, 2015, China Law & Practice
July 10, 2015, Covington Alert
July 2, 2015, Covington Alert
July 2, 2015, InsidePrivacy Blog
July 2015, Bloomberg BNA World Data Protection Report
June 24, 2015
WASHINGTON, DC, June 24, 2015 — Covington partner Mark E. Plotkin has been named to The National Law Journal’s list of 45 Regulatory and Compliance Trailblazers. The list recognizes lawyers who have “made a difference navigating the ever-changing mandates of regulatory and compliance.”
Mr. Plotkin, co-chair of Covington’s national security and defense industry ...
June 12, 2015, InsidePrivacyBlog
June 9, 2015, Inside Cybersecurity
Covington's David Fagan, Susan Cassidy and Caitlin Meade have authored this article for Inside Cybersecurity.
June 9, 2015, InsideCounsel
June 8, 2015, Financial Times
Covington's Daniel Cooper is quoted regarding the legal implications of wearables in the workplace:
“Historically European regulators in the data protection area have been very sceptical you can ever get a valid employee consent — they feel that for existing employees, [the relationship] is almost inherently coercive.”
May 12, 2015, Inside Counsel
May 6, 2015, Covington E-Alert
May 2015, Privacy Laws & Business UK Report
April 22, 2015, Covington E-Alert
April 8, 2015, The Cybersecurity Law Report
Covington's David Fagan is quoted regarding cybersecurity:
"Companies 'should have a process in place to categorize vendors in terms of levels of risk and then they should apply assessment from that basis,' Fagan said. The first step should be to 'assign a risk classification to them. And that should track to what kind of assessment you provide.'"
April 2015, Covington Newsletter
March 30, 2015, InsidePrivacy Blog
March 20, 2015, The Media Institute Policy Views
March 13, 2015, CDR News
March 12, 2015, Inside Counsel
Richard Shea, Lindsay Burke and Ashden Fein have authored this article on cybersecurity threats:
"Cybersecurity threats can emanate not just from outside sources but from company insiders as well — including employees, executives, directors and contractors. According to NetDiligence’s 2014 Cyber Insurance Claims Study, roughly one-third of the reported events ...
March 12, 2015, InsideCounsel
March 11, 2015
WASHINGTON, DC, March 11, 2015 — Covington’s Jeff Kosseff has co-authored “Law for Media Startups,” a 12-chapter web guide for entrepreneurs launching media ventures and educators teaching students how to do it. The guide, co-authored by J-Lab Executive Director Jan Schaffer, was published by City University of New York’s Tow-Knight Center for Entrepreneurial ...
March 9, 2015, The National Law Journal
February 28, 2015, InsidePrivacy Blog
February 23, 2015, The Hill
David Fagan is quoted in this article regarding cybersecurity:
David Fagan, a partner with Covington & Burling, said clients’ needs have evolved over the past five years when it comes to cybersecurity.
“[The] Target and Sony [hacks] captured the minds and also the fears of a lot of boards of directors and executives,” Fagan said. “As a result, in-house ...
February 19, 2015, Inside Counsel
Covington's David Fagan, James Garland and Kurt Wimmer have authored this article on questions that in-house counsel should be able to answer about his or her organization’s legal and business cybersecurity risk profile:
"In the wake of the much publicized North Korean cyber-attacks against Sony — as well as recent favorable rulings for the plaintiffs in class ...
February 17, 2015, Covington E-Alert
February 17, 2015, InsidePrivacy Blog
February 2015, Bloomberg BNA World Data Protection Report
January 22, 2015, Covington E-Alert
January 14, 2015, Bloomberg BNA
Covington partner Simon Frankel is quoted in this article regarding the top social media rulings of 2014:
"Section 230 of the CDA generally immunizes social media websites from liability for defamatory comments made by its users. This section provides that ‘‘[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of ...
January 2015, Regulatory Rapporteur
January 2015, Corporate Counsel
December 22, 2014, Covington E-Alert
December 12, 2014, WIRED
Covington partner Simon Frankel is quoted in this article regarding the use of emerging technologies, such as wearables, in the courtroom:
The point being: If the data is there, it can be used to fight or bolster a case—and it can pop up unexpectedly. “When it comes to data, you should assume anything tracked is being kept forever unless you know that it’s ...
November/December 2014, E-Commerce Law Reports
October 21, 2014, Law360
October 16, 2014, Lawyer 2B
October 10, 2014, InsideMedicalDevices Blog
2014, Data Protection and Privacy Law (2nd Edition, Thomson Reuters)
October 2014, Data Protection Law & Policy
October 1, 2014, Inside Cybersecurity
Covington's David Fagan and Marialuisa Gallozzi are quoted in this article regarding a symposium co-hosted by Covington & Burling and George Washington University's Cybersecurity Initiative titled "Cybersecurity for Government Contractors."
"That is the bubble that we're sitting on at this moment," said Covington and Burling insurance attorney Marialuisa ...
September 30, 2014, Politico
Michael Chertoff is quoted regarding a symposium co-hosted by Covington & Burling and George Washington University's Cybersecurity Initiative titled "Cybersecurity for Government Contractors."
"Information sharing between the government and private sector shouldn’t just be about swapping threat signatures or intelligence, former DHS Secretary Michael Chertoff ...
London, October 9, 2014 - Covington & Burling has been selected as the winner in the Technology, Media and Telecoms category of Legal 500 UK Awards 2014, with a focus on Data Protection. Covington’s European technology, media and telecoms lawyers draw on the firm’s deep roots in the software, Internet, telecommunications and media industries and act as strategic ...
September 14, 2014, The Kernel
Covington partner Kurt Wimmer is quoted in this article regarding the legal implications of wearable cameras:
"The current laws on privacy take hidden cameras and other Glass-type devices into account,” says Wimmer, whose clients include Facebook, Microsoft, Samsung, CBS, Viacom, and the National Football League. “There have been tiny cameras for a long time, ...
August 22, 2014, Law360
July 24, 2014, Law360
Covington partner Kurt Wimmer is quoted in this article regarding the Federal Trade Commission pursuing companies such as Snapchat Inc. and Fandango LLC over allegedly misleading privacy promises and lax data security.
"To me, the FTC's work in the first half of 2014 has been more about security than privacy — both in advocating for its ability under Section 5 ...
July 2014, Bloomberg BNA World Data Protection Report
June 5, 2014, InsidePrivacy Blog
June 2014, E-Commerce Law & Policy
May 14, 2014, InsidePrivacy Blog
May 2014, Privacy Laws & Business
April 28, 2014, Bloomberg BNA
Covington partner Susan Cassidy was interviewed for Bloomberg BNA regarding the General Services Administration's draft plan to manage cybersecurity risks in the federal acquisition process. The article states: “When you read the actual proposal from GSA, it's hard to figure out what they are going to do,” Covington & Burling LLP Partner Susan Cassidy said. ...
April 11, 2014, Covington E-Alert
April 8, 2014, InsidePrivacy Blog
April 2014, West Briefing Papers
March 25, 2014, Covington E-Alert
March 15, 2014, InsidePrivacy Blog
February 20, 2014
NEW YORK, February 20, 2014 — Covington & Burling represented Banco Bilbao Vizcaya Argentaria, an international financial group based in Spain, in its acquisition of financial technology company Simple.
The acquisition is part of BBVA's strategy to lead the technology-driven change that is transforming the financial services industry. According to Francisco ...
January 22, 2014, Covington E-Alert
November 27, 2013, Covington E-Alert
November 6, 2013, Covington E-Alert
October 24, 2013, Covington E-Alert
October 24, 2013, InsidePrivacy Blog
October 18, 2013, InsidePrivacy Blog
October 17, 2013, InsidePrivacy Blog
October 11, 2013, InsidePrivacy Blog
October 9, 2013, Covington E-Alert
October 8, 2013, Law360
September 30, 2013, Covington E-Alert
September 4, 2013, InsidePrivacy Blog
August 15, 2013, Covington Advisory
June 26, 2013
LONDON, 26 June, 2013 — The UK Information Commissioner's Office has authorised GlaxoSmithKline’s 'Binding Corporate Rules' (BCRs) – a set of internal policies and procedures used to protect personal data across GSK’s operations globally. The privacy and data security team at Covington & Burling was instrumental in the development, implementation and ...
June 4, 2013, InsidePrivacy Blog
May 24, 2013, Law360
May 10, 2013, InsidePrivacy Blog
April 30, 2013, Law360
April 25, 2013, Law360
April 11, 2013, Covington E-Alert
April 2013, World Data Protection Report
April 2013, Data Protection Law & Policy
March 27, 2013
WASHINGTON, DC, March 28, 2013 — Rep. Mike Rogers, chairman of the House Permanent Select Committee on Intelligence, and former Homeland Security Secretary Michael Chertoff addressed the complexity of cybersecurity threats at a program sponsored by Covington & Burling and The Chertoff Group. Mr. Chertoff is senior of counsel at Covington and chairman and founder ...
March 14, 2013, InsidePrivacy Blog
February 26, 2013
WASHINGTON, DC, February 26, 2013 — The BTI Consulting Group has named Covington & Burling partners David Martin and Henriette Tielemans to its 2013 “Client Service All-Stars” list. The BTI “Client Service All-Stars” were singled out by general counsel and direct reports at large and Fortune 1000 organizations in one-on-one interviews.
Mr. Martin, based in ...
February 26, 2013, InsidePrivacy Blog
February 21, 2013, Law360
February 18, 2013, InsidePrivacy Blog
February 15, 2013, Covington E-Alert
February 14, 2013, Covington E-Alert
February 7, 2013, InsidePrivacy Blog
January 22, 2013
WASHINGTON, DC, January 22, 2013 — For the second straight year, Law360 named Covington & Burling’s global privacy and data security practice as one of the top five “Privacy & Consumer Protection Practice Groups of the Year.”
In a profile highlighting the firm’s privacy-related work, Law360 noted the group’s recent litigation win for LinkedIn Corp. In that case, ...
January 11, 2013, Covington E-Alert
January 9, 2013, InsidePrivacy Blog
November 8, 2012, Law360
October 19, 2012, InsidePrivacy Blog
September 2012, Publisher Roundtable on Data Privacy in conjunction with The Publishers Association
August 14, 2012
WASHINGTON, DC, August 14, 2012 — Covington & Burling LLP has received a top tier ranking in six practice areas and 18 individual attorneys are named “Leading Lawyers” in the recently released Legal 500 US 2012 edition. Additionally, Legal 500 US also “recommended” 36 Covington practice areas and 123 Covington lawyers.
The six Covington practices given the top ...
August 2, 2012, Covington E-Alert
June 11, 2012
WASHINGTON, DC, June 11, 2012 — Chambers USA recognized 106 individual Covington & Burling lawyers and 46 Covington practice areas in the 2012 Chambers USA: America’s Leading Lawyers for Business guidebook released on June 7, 2012.
Many of the 106 Covington lawyers ranked by Chambers USA were recognized in multiple categories, resulting in a total of 131 ...
May 29, 2012
LONDON, 29 May, 2012 — Covington & Burling LLP is pleased to announce Louise Nash as the new London office managing partner. She succeeds Roger Enock, who steps down after five years in the role. The firm also announced that Christopher Walter will succeed Ms. Nash as the office deputy managing partner. Mr. Enock will continue as head of the firm’s London ...
May 21, 2012, Corporate Counsel
March 27, 2012, Covington E-Alert
March 19, 2012
LONDON, 19 March, 2012 — Covington & Burling LLP received 46 individual mentions and 20 practice mentions in the Chambers Global 2012 edition. The guidebook, which ranks lawyers globally by pan-regional and country practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients.
The Covington lawyers ...
March 1, 2012, Law Society Gazette
February 27, 2012, Covington E-Alert
February 10, 2012, Stanford Law Review Online
January 25, 2012, Covington E-Alert
January 2012, Covington E-Alert
January 9, 2012
WASHINGTON, DC, January 9, 2012 — Law360 named Covington & Burling’s global privacy & data security practice as one of the top five “Privacy & Consumer Protection Practice Groups of the Year.”
In a profile about the firm published on Jan. 5th, Law360 pointed to Covington’s broad practice in assisting clients in transactions, on advisory matters, in social ...
December 22, 2011, InsidePrivacy Blog
December 8, 2011, Bloomberg Technology Law Report
October 21, 2011, Covington E-Alert
October 17, 2011, Covington Advisory
September 2011, European Lawyer
July 2011, Privacy Laws & Business
June 10, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 123 individual mentions and 45 practice mentions in Chambers USA 2011. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients.
Here are the Covington lawyers and practices ...
June 9, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 92 individual mentions and 32 practice mentions in the Legal 500 US 2011 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
June 2011, E-Commerce Law & Policy
April 2011, Clinica
March 10, 2011, Covington Advisory
March 8, 2011, InsidePrivacy Blog
February 15, 2011, EuroWatch
February 10, 2011, Covington Advisory
February 2011, Intellectual Property & Technology Law Journal
January 28, 2011, Covington E-Alert
January 6, 2011
WASHINGTON, DC, January 6, 2011 — Covington & Burling LLP announced today that it plans to establish a strategic risk and crisis management practice to assist national and international businesses and their managements and boards.
Senior members of the group include former Homeland Security Secretary Michael Chertoff; Ambassador Stuart Eizenstat; former DC ...
January 2011, World Data Protection Report
December 24, 2010, Covington Advisory
December 21, 2010, Covington Advisory
December 17, 2010, Covington E-Alert
December 14, 2010, Covington E-Alert
December 1, 2010, Covington E-Alert
November/December 2010, Data Protection Ireland: Volume 3, Issue 6
November 9, 2010, Covington Advisory
October 19, 2010, Covington E-Alert
June 23, 2010
WASHINGTON, DC, June 23, 2010 — Covington & Burling LLP received 85 individual mentions and 23 practice mentions in the Legal 500 US 2010 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean.
Here are the Covington lawyers and practices ...
June 18, 2010, Covington E-Alert
June 16, 2010
WASHINGTON, DC, June 16, 2010 — Covington & Burling LLP received 112 individual mentions and 44 practice mentions in Chambers USA 2010. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients.
Here are the Covington lawyers and practices ...
June 15, 2010, Covington Advisory
May 28, 2010, Covington E-Alert
May 2010, Privacy Law & Business
April 23, 2010, Covington E-Alert
March 29, 2010, Covington Advisory
March 22, 2010, Covington E-Alert
March 1, 2010, Covington Advisory
March 1, 2010, Covington E-Alert
February 25, 2010, Covington Advisory
February 9, 2010, Covington E-Alert
January/February 2010, The Privacy Advisor
January 15, 2010, Covington E-Alert
January 13, 2010, Covington E-Alert
January 5, 2010, Covington Advisory
January 5, 2010, Covington E-Alert
January 2010, World Data Protection Report
2010, E-Commerce Law Reports
November 23, 2009, Covington Advisory
November 20, 2009, Covington Advisory
October 26, 2009, Covington Advisory
WASHINGTON, DC, October 1, 2009 — Covington & Burling LLP today announced that ten of its lawyers have been elected to the firm’s partnership effective today. The new partners practice in the corporate, litigation, and regulatory fields.
The ten new partners and their practices are as follows:
Marney Cheek (International) represents companies and trade ...
October 2009, Privacy Law & Business
September 30, 2009, EuroWatch
September 22, 2009, Covington Advisory
September 9, 2009, Covington E-Alert
September 2009, Privacy & Data Protection Journal
Fall 2009, The Secure Times
WASHINGTON, DC, August 3, 2009 — Four Covington & Burling LLP partners have been named to The Ethisphere Institute’s 2009 “Attorneys Who Matter” list, which recognizes leading legal professionals in private practice and at government agencies and major companies who have excelled in and made a significant contribution in the corporate compliance field. In ...
July 29, 2009, Covington E-Alert
July 16, 2009, Covington E-Alert
July 14, 2009, Covington E-Alert
WASHINGTON, DC, July 13 2009 — The National Law Journal has named Covington & Burling LLP partners Erin Egan and Paul Schmidt to its survey of “40 Under 40.” The list, which is featured in the July 13 issue, recognizes 40 Washington-area lawyers under the age of 40 who have already made their marks in private practice, government service, or the public interest ...
June 2009, Data Protection Law & Policy
June 24, 2009, Covington E-Alert
June 19, 2009, Covington E-Alert
LONDON, June 9, 2009 — An enhanced version of the world’s first data protection standard for athletes took effect on June 1, 2009. The International Standard for the Protection of Privacy and Personal Information took effect on January 1, 2009, and an enhanced version was unanimously approved in early May 2009 by the Executive Committee of the World Anti-Doping ...
WASHINGTON, DC, May 15, 2009 — Three practices at Covington & Burling LLP have been nominated for 2009 Chambers USA Awards for Excellence. The firm received team nominations in the Insurance, International Trade and Privacy & Data Security categories. The awards recognize significant achievements over the past 12 months, including notable work, strategic growth, ...
April 29, 2009, Covington E-Alert
April 27, 2009, Covington E-Alert
April 2009, Privacy & Informatie
February 2009, Data Protection Law & Privacy
January 23, 2009, Covington E-Alert
December 2008, Data Protection Law & Policy
BRUSSELS, November 12, 2008 — Covington & Burling LLP partner Henriette Tielemans has been appointed to the Data Protection expert group (GEX PD) by the European Commission.
The Data Protection expert group will assist the Commission in identifying challenges for the protection of personal data in the EU, and putting forward proposals for addressing those ...
WASHINGTON, DC, October 1, 2008 — Covington & Burling LLP today announced that 12 of its lawyers have been elected to the firm’s partnership. These new partners are resident in four of the firm’s offices and practice in the litigation, corporate/tax, and regulatory fields. Timothy Hester, chair of the firm’s management committee, commented: “These young and ...
September 30, 2008, Covington E-Alert
August 21, 2008, Covington E-Alert
August 14, 2008, The Lawyer
June 16, 2008
WASHINGTON, DC, June 16, 2008 — Covington & Burling LLP received 81 individual mentions and 45 practice mentions in the newly released 2008 Chambers USA. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients.
Here are the Covington ...
NEW YORK, NY, May 12, 2008 — Covington & Burling LLP is pleased to announce that Nigel Howard has joined the firm’s technology transactions practice as a partner. Mr. Howard will be resident in Covington’s New York office. Mr. Howard’s practice focuses on information technology, outsourcing, and intellectual property issues. He represents clients in complex ...
LONDON, December 28, 2007 - The latest edition of Chambers Global has ranked Covington & Burling LLP’s expertise in 12 categories globally. “Sound knowledge of the industry” and “sheer breadth of experience“ are just some of the comments gathered by the research team from the firm’s clients. The firm has also achieved 10 individual rankings and a further 16 ...
June 18, 2007
WASHINGTON, DC, June 18, 2007 — Covington & Burling LLP received 44 practice mentions and 74 individual mentions in the newly released 2007 Chambers USA guidebook. The 2007 edition of Chambers USA attempts to identify the most skilled legal practitioners throughout the country based on the qualities most valued by clients. Covington attorneys have been ...
April 3, 2007
WASHINGTON, DC, April 3, 2007 — Covington & Burling LLP has announced the promotion of four new Of Counsel and six new Special Counsel.The four new Of Counsel are Daniel P. Cooper, Christian Neira, Matthew J. O’Connor, and Kevin J. Shortill.Daniel P. Cooper advises on European privacy and data protection matters, as well as on contentious and non-contentious ...
February 20, 2007, Covington E-Alert
December 2006, The Privacy & Data Protection Legal Reporter
August 18, 2006, Covington E-Alert
June 2006, BNA International World Data Protection Report
January 27, 2006, Covington E-Alert
January 16, 2006, Covington E-Alert
April 18, 2005, Covington E-Alert
April 14, 2005, Covington E-Alert
March 16, 2005, Covington E-Alert
February 22, 2005, Covington E-Alert
December 10, 2004, Covington E-Alert
November 1, 2004, Covington E-Alert
October 14, 2004, Covington E-Alert
August 13, 2004, Covington E-Alert
July 23, 2004, Covington E-Alert
July 15, 2004, Covington E-Alert
May 21, 2004, Covington E-Alert
December 8, 2003, Covington E-Alert
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