Public Policy

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Covington helps clients worldwide achieve critical business objectives by combining legal, political, and policy expertise to provide strategic advice and advocacy.

With more than 120 former government officials, diplomats, and regulators backed by global corporate and litigation practices, we turn government-related insight into practical advice for doing business. A particular strength of our practice is its trans-Atlantic capability. Our EU public policy team works closely with colleagues in our Washington, DC office to ensure that industry’s voice is heard in the European Union’s legislative process.

Covington is recognized among the best public policy firms in the U.S. and Europe by Chambers, Legal 500, and The National Law Journal.

We understand:

how governments around the world make decisions, including the formal and informal considerations they take into account;
how policy solutions emerge from a process involving governmental committees, leadership, intra- and inter- party relationships, and the ways in which various governmental entities influence each other; and
the role grassroots and grass-tops, the media, NGOs, and advocacy groups play in advancing policy objectives.

However complex your problem, and wherever in the world it arises, Covington has the legal knowledge, the policy experience, the political insight, and the relationships to find solutions.

In addition, many on our team have extensive experience with the press, including writing op-ed articles for leading publications (e.g., The New York Times, The Wall Street Journal, The Washington Post, and The Financial Times) on a wide variety of issues.

U.S. Congressional and Federal Agency Advocacy

In the United States, Covington draws on deep experience in Congress and executive branch agencies.

With a former member of Congress as well as senior staff members to legislators and on numerous committees, we have strong ties to Capitol Hill.

From the executive branch, our team includes former senior officials from the White House and across departments and agencies, including the Departments of Treasury, State, Defense, Justice, Commerce, Labor, and Homeland Security.

Global Public Policy

Building a successful global business involves navigating the intersection of law and public policy for every country and every region in which you operate.

In Europe, our team includes several former policymakers, such as a former Prime Minister; a former UK Europe and Trade Minister; a former leading member of the European Parliament; the former Permanent Representative of Belgium to the European Union; two former Deputy Directors General of the European Commission; and a renowned leading lawyer in European public affairs.

In Asia, the managing partner of our Beijing office was formerly the Assistant U.S. Trade Representative to China and General Counsel for General Motors’ China operations.

Our problem-solving team in Africa and Latin America are led by renowned regional strategists, including two former Under Secretaries of State, a former Assistant Secretary of State for Western Hemisphere Affairs, and a former Deputy Assistant Secretary of State for African Affairs.

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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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

Bespoke Policy Development

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

Biopharmaceutical Legislation Representation

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

Broadcasters on Range of Legislative Issues

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

Broadcasters, Washington Post, and NFL on Broadband Matters

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

BSA in Major Domestic and International Copyright Law Reform Efforts

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

Congressional action on organic product marking

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

Congressional testimony advice for cable programming company

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

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

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

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.

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.

Multiple Clients on Legislative and Regulatory Policy and Litigation Issues

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

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

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

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

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

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

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

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

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

FTC Investigation Involving Microsoft's Passport Internet Authentication Service

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

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.

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.

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

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

Strategic advice to companies facing international regulatory challenges

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

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).

U.S. regulatory guidance for South Korean airline

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

Venture Negotiations and Public Policy Efforts for Pearl Mobile DTV

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

Wireline Competition Before FCC for Client TDS Telecom

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

Global Legislative and Regulatory Counsel

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

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

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

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COVID-19: Legal and Business Toolkit

Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are facing and develop plans and strategies in response. Reach out to our ...

DOJ Announces Arrest in New FARA Case

The U.S. Department of Justice today announced the arrest of an alleged agent of the Iranian government, who has been charged with violating the Foreign Agents Registration Act (“FARA”). The defendant is an Iranian political scientist, living in the United States as a permanent resident. The Justice Department alleges that for years he has engaged...… Continue ...

Covington Releases Investigations Manual for House and Senate Chiefs of Staff

Today Covington released an updated version of its manual for Chiefs of Staff to Members of Congress concerning best practices for responding to government investigations of Members and their staff. Titled “A How-To Guide for Chiefs of Staff,” the manual describes how government investigations of Members and staff unfold and the steps that Chiefs of...… ...

Brexit – The Consequences

With the Covid news from the UK (good – vaccine rollout; and bad – high cases and deaths), the impact of the Brexit Deal has been masked. This note summarises some of the most noticeable of those impacts. Red Tape & Border Delays Cross-Channel trade was slower than normal in the first two weeks of...… Continue Reading

The Byrd Rule and Its Impact on Reconciliation

Reconciliation is a process under the Congressional Budget Act of 1974 (CBA) that allows Congress to implement budget priorities affecting direct spending, revenues, and the debt limit using expedited procedures. The principal benefit to using reconciliation is that a reconciliation bill cannot be filibustered in the Senate. As a result, it takes only a ...

The Week Ahead in the European Parliament – Friday, January 15, 2021

Next week will be plenary week in the European Parliament. Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels. Several interesting votes and debates are scheduled to take place. On Monday, MEPs will debate and vote (Tuesday) on a report on strengthening the EU’s capabilities to enforce its rights under...… Continue ...

Key Changes to House Rules for the 117th Congress

On January 4, 2021, the narrowed Democratic majority in the House of Representatives passed, in a party-line vote, a set of rules governing the House for the 117th Congress. While the House, unlike the Senate, has to approve its rules every Congress, the rules stay generally consistent from Congress-to-Congress, with more significant amendments often coming...… ...

AI Update: The Council of Europe Publishes Feasibility Study on Developing a Legal Instrument for Ethical AI

On 17 December 2020, the Council of Europe’s* Ad hoc Committee on Artificial Intelligence (CAHAI) published a Feasibility Study (the “Study”) on Artificial Intelligence (AI) legal standards. The Study examines the feasibility and potential elements of a legal framework for the development and deployment of AI, based on the Council of Europe’s human rights ...

Governing Under an Equally Divided Senate

After the election of two Democratic Senate candidates in the Georgia runoff elections on January 5, 2021, the Senate this year will be equally divided between 50 Democratic Senators (and those caucusing with them) and 50 Republican Senators. Governing in an equally divided Senate presents several challenges regarding the internal rules of the Senate, the...… ...

Cybersecurity and Government Contracting: False Claims Act Considerations

As the recent SolarWinds Orion attack makes clear, cybersecurity will be a focus in the coming years for both governmental and non-governmental entities alike. In the federal contracting community, it has long been predicted that the government’s increased cybersecurity requirements will eventually lead to a corresponding increase in False Claims Act (FCA) ...

Governing Under an Equally Divided Senate

The Week Ahead in the European Parliament – Friday, January 8, 2021

Next week, Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels for committee meetings. Several interesting votes and debates are scheduled to take place. On Monday, the Committee on International Trade (“INTA”) is the first Committee to debate on the merits of the EU-UK Trade and Cooperation Agreement (“TCA”), which...… ...

The Main Elements of the EU-UK Trade and Cooperation Agreement

On December 24, 2020, exactly four and a half years after the result of the UK’s EU Referendum, the UK and the EU reached an agreement on their future trade and cooperation arrangements: the EU-UK Trade and Cooperation Agreement (“EUTCA”). The transition period that has run since the UK left the EU in January 2020 will end at midnight Central European Time on ...

UK Government Plans for an Online Safety Bill

In April 2019, the UK Government published its Online Harms White Paper and launched a Consultation. In February 2020, the Government published its initial response to that Consultation. In its 15 December 2020 full response to the Online Harms White Paper Consultation, the Government outlined its vision for tackling harmful content online through a new ...

The Hill's Top Lobbyists 2020

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

Historically fruitless Congress highlights Biden challenge if Senate stays red

Broderick Johnson is quoted in S&P Global regarding the challenges President-elect Biden will face with Congress. Mr. Johnson says, “We have seen such excessive partisanship and oftentimes a lot of ambiguity as to what the Trump administration would accept that it became an even more difficult environment in which to get anything done even with the COVID ...

Transforming Transatlantic Relations

Seizing a “once-in-a-generation” opportunity to work with the Biden-Harris team—potentially the most transatlanticist administration in decades—the European Commission and the European External Action Service today adopted a detailed and comprehensive plan to reinvigorate and reimagine the transatlantic partnership. The proposed strategy will be further debated, ...

Burr, in line to lead Senate Republicans’ health strategy, has a long history of antagonizing the FDA

Wade Ackerman is quoted in STAT regarding Senator Richard Burr’s public health policies and his bipartisan efforts. Mr. Ackerman says, “He compromises. He actually is very good to negotiate with on FDA issues because he and his staff are so knowledgeable, and do want to move forward bipartisan policy.”

Inquiry into the Future of the UK's Financial Services Sector Post-Brexit

On November 20th, the Commons’ Treasury Select Committee launched an Inquiry looking at the future of financial services regulation in the UK after departure from the European Union. In this alert we set out the scope of the Inquiry and how companies can contribute evidence that may influence the Committee’s findings. The Committee is appointed by the House of ...

The UK's 10-point Green Industrial Revolution Plan

With the UK due to host the COP 26 climate summit in a year’s time, the UK Government is keen to set out its credentials as a global ‘green‘ leader and demonstrate not only that it can make good on its election promise to level up (with much of the promised Green Industrial Revolution investment being focused in old industrial heartlands in the North of ...

Recent Developments and the Future Outlook for the Ongoing US-EU Large Civil Aircraft Trade Dispute

Latest Developments In the latest tit-for-tat action in a long-running trade dispute between the United States (“US”) and the European Union (“EU”), the EU announced that effective November 10, 2020 it would apply a 25% tariff on products found in 136 8-digit Harmonized Tariff Schedule (“HTS”) numbers ranging from vitamins to video game consoles. (The full list ...

President Trump Issues Executive Order Prohibiting Transactions Involving Publicly Traded Securities of “Communist Chinese Military Companies"

On Thursday, November 12, 2020, President Trump signed an Executive Order (the “Order”) that, beginning on January 11, 2021, will prohibit U.S. persons from transacting in the publicly traded securities of 31 companies that the Department of Defense has identified as “Communist Chinese military companies.” The requirement for the Department of Defense to create ...

A Post-U.S. Election Analysis and Its Impact on U.S.-Africa Policy— Roundtable Discussion with Eric Holder, Witney Schneidman, Jay Ireland, and Mosa Mkhize

How will the election of Joe Biden as the next U.S. President affect policy towards Africa? On November 11, 2020, our panel of experts discussed whether the change in administration will result in fundamental and substantive changes in U.S. foreign policy towards Africa. The panelists tackled a broad range of issues ranging from the presidential election, public ...

What a Biden Win Means for Comp Committees

Michael Francese spoke with Agenda about the Biden Administration’s impact on compensation committees. Mr. Francese says, “Biden’s platform is pretty vague on compensation matters.” He says Biden is “very focused” on tax rates for individuals, corporations, and estates. “Those will all kind of filter into compensation decisions,” he adds. He adds if any quick ...

5 Predictions For Banking Regulation In A Biden Presidency

Eric Mogilnicki is quoted in Law360 regarding bank regulation in a Biden presidency. Mr. Mogilnicki says with more banks and nonbank lenders seeking to deploy alternative data sources and machine learning in lending, the Biden administration will have a unique opportunity to address growing frictions between those new technologies and decades-old regulatory ...

Biden's Win Means Big Business For BigLaw

Gary Guzy spoke with Law360 about BigLaw’s likely boom under a Biden Administration. Mr. Guzy says his team expects the Biden administration to take “immediate and sweeping” steps to address climate change and will make the transition to cleaner energy a big part of its economic recovery plans. “This will present extensive new investment, innovation, and project ...

Nominees to Dominate Banking Committee Agenda

Jeremy Newell spoke with Bloomberg Law about the nominations for key financial regulatory positions, a topic the Senate Banking panel will have to address under a Biden administration. He says, “It’s an incredibly difficult issue in terms of getting to legislation you could actually move forward.”

Senate — And Pandemic Relief — Still Hanging In The Balance

Muftiah McCartin and Bill Wichterman spoke with Law360 about the U.S. Senate’s uncertainty and its impact on COVID-19 pandemic relief. Ms. McCartin says a quick action on a continuing resolution would clear the decks for budget writers to tackle a major stimulus bill and the fiscal year 2022 budget. Other expiring items could get pushed into next year, including ...

Ambassador Thomas Reilly Joins Covington as Head of UK Public Policy

LONDON–Ambassador Thomas Reilly has joined Covington’s Global Public Policy Practice in London as the head of the firm’s UK Public Policy team. Ambassador Reilly most recently served as the British Ambassador to Morocco between 2017 and 2020, building deeper political and economic ties between the two countries. During his time as ambassador, he led the ...

Election 2020: A Biden win could mean policy changes at DOD

Zachary Mears is quoted in Inside Defense regarding the policy changes at the DoD that could occur if Joe Biden wins the 2020 presidential election. Mr. Mears says even the Trump administration is projecting flat defense budgets in the coming years. He adds the more significant difference in a Biden administration would be priorities, including moving away from ...

Covington Policy Outlook: EU and U.S. Decarbonisation Strategies

Covington & Burling's Gary Guzy, Sebastian Vos, and Lindsay Brewer discuss policy considerations and implications surrounding decarbonisation in the EU and U.S. This presentation premiered at the recent CleanEquity Monaco 2020 conference. Once the presentation begins, you may hover over the table of contents icon in the bottom right for links to advance the ...

Lobbying revenue stays strong despite pandemic election

Muftiah McCartin is quoted in Politico regarding the firm’s lobbying efforts in the third quarter of 2020. Ms. McCartin says, “As we expected, our LDA numbers are still impacted by the pandemic's toll on legislative activity. However, we expect a very sharp uptick in the post-election period both in the U.S. and in our global policy practice. Should there be a ...

China Adds New Export Restrictions in Latest Trade Dispute Move

Yan Luo is quoted in The Wall Street Journal regarding China’s new export restrictions. Ms. Luo says, “With recent events, China feels a greater need to have this export law in place.” Chinese authorities feel that export-control measures have been used against Chinese companies and they need a way to reciprocate. “The precise point is we don't know how they ...

Think Tanks — Administration Demands Foreign Funding Diclosure

Kevin Coates spoke with Politico about a move unveiled by the U.S. Secretary of State demanding greater foreign funding disclosure. Mr. Coates described the move as “Partly right, partly wrong.” Right that “think tanks disclose foreign governments. Wrong that it doesn’t also cover think tanks disclosing all funding, foreign and domestic, state and private. ...

UK’s financial services ambitions could boost City of London

John Ahern and Francis Maude are quoted in Global Risk Regulator regarding trade deals that will significantly impact the city of London. Mr. Ahern spoke about a UK-Japan trade deal that will improve financial services access. He says, “It is good the UK reached an agreement with Japan, it gives confidence that deals can be concluded elsewhere, but Japan is not ...

Growing EU-UK financial services rivalry driving divergence

John Ahern and Francis Maude are quoted in Global Risk Regulator regarding the European Union’s pursuit to compete with the UK in financial services. Mr. Maude says, “One of the criticisms of the EU generally is that it tends to focus on competition within the EU. The UK focuses on competitiveness globally and the balance is not on lower levels of regulation. ...

Brexit brinksmanship on medicines ‘risks lives,’ MEPs warn

Maree Gallagher and Marie Doyle-Rossi are quoted in Politico regarding Brexit’s impact on the U.K. and Irish pharmaceutical industry. Ms. Gallagher explains that as things currently stand, on January 1, the MHRA will be responsible for regulating medicines in Northern Ireland. However, medicines moving from Great Britain into Northern Ireland (or indeed, from ...

The Green Deal at the Border: Public Consultation on the EU Carbon Border Adjustment Mechanism Launched

Last week, the European Commission launched a public consultation on the possible adoption of a new EU Carbon Border Adjustment Mechanism (“CBAM”). This consultation is yet another of the initiatives that the Commission is taking to roll out its ambitious European Green Deal (for a recent overview webinar see here). Manufacturers in virtually all industrial ...

BigLaw Lobbyists Build On The Year's Gains In Q2

Muftiah McCartin is quoted in Law360 regarding the firm’s lobbying efforts in the second quarter of 2020. Ms. McCartin says, “The COVID-19 pandemic fundamentally altered our work this spring. Now in the throes of summer, we see a constant drumbeat of clients seeking assistance as they deal with unprecedented economic and health care pressures.”

Brownstein Tops Akin Gump as Lobbying Leader in Second Quarter

Muftiah McCartin spoke with Bloomberg Government on the impact of COVID-19 on lobbying in the second quarter of 2020. Ms. McCartin says that although COVID-19 drove most of their work, clients “are calling on us to help assess and navigate broader social policies such as environmental sustainability and police reform.”

Congress Returns To DC To Forge Virus Relief Deal — Quickly

Broderick Johnson spoke with Law360 about Congress’ urgency to pass another comprehensive pandemic relief package. Mr. Johnson says, “The necessity and urgency of getting something done over the next several weeks seems pretty clear. It's in the interest of the White House, it's in the interest of House Democrats, and it's in the interest of Senate ...

BHR Client Alert: Uyghur Report

In recent years and with increased vigor in recent months, stakeholders and governments, including the United States, have focused on labor-related and other human rights issues concerning the treatment of Uyghur and other minority Muslim groups in the Xinjiang region of China. In this post, we provide an overview of some of these developments and considerations ...

Presidential Proclamation Blocks Entry of Foreign Workers Into the U.S.

On June 22, 2020, President Trump issued a proclamation titled “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” (“June 22 Proclamation”). The June 22 Proclamation blocks the entry of foreign workers entering the United States on certain nonimmigrant visa categories, including H-1B, H-2B, ...

Credit problem: SOFR faces uphill struggle in loan market

Jeremy Newell is quoted in Risk regarding the secured overnight financing rate (SOFR) and its effort to replace LIBOR, the long-standing benchmark rate used around the world. amid the pandemic. Mr. Newell says, “It’s a perfect microcosm of exactly how this debate between Libor and SOFR has gone. They attempted to stick to the script and insist on SOFR for ...

Analysis of the Justice in Policing Act of 2020

On June 8, 2020, the House of Representatives introduced the Justice in Policing Act of 2020 (hereinafter “the Act” or “the bill”) to “hold law enforcement accountable for misconduct in court, improve transparency through data collection, and reform police training and policies.” We anticipate a House committee markup the week of June 15 and a House floor vote ...

Lawyers Uneasy as COVID-19 Delays Africa Free Trade Deal

Witney Schneidman is quoted in Law.com International regarding the postponement of the African Continental Free Trade Area (AfCFTA) due to a concentration on limiting the spread of COVID-19. Mr. Schneidman says, “AfCFTA will give Africa more control over its own destiny, and accelerate economic growth.” Speaking on the cross-border impacts of AfCFTA, he adds, ...

Frequently Asked Questions and Answers Regarding the Trump Administration’s Push to Secure Supply Chains in the United States

It has been publicly reported that discussions are underway within the Trump Administration for a coordinated interagency initiative to remove key industrial supply chain dependencies from overseas, especially China, and redouble efforts to secure such supply chains in the United States. While this initiative proceeds alongside ongoing efforts to secure supply ...

How coronavirus could alter Feds thinking about stress tests

Jeremy Newell is quoted in the American Banker regarding the Federal Reserve’s plan to publish stress tests results of banks’ pre-coronavirus condition. According to Mr. Newell, “It could be that the Fed could take the sensitivity analysis, and if they saw results that were especially concerning for them, use that as the basis of individual engagement with a ...

Congressional Pandemic Oversight Bodies Begin to Take Shape

As we reported in our prior client advisory on the wave of investigations to follow the pandemic, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act established three new bodies to conduct oversight and investigations on pandemic-related issues. Separately, House Speaker Nancy Pelosi announced a special committee to conduct additional ...

House Leaders Push Ahead with Proposal for Virtual Oversight

Last month, we highlighted congressional efforts to ensure that Congress is able to continue conducting the business of the American people during the ongoing COVID-19 crisis. After weeks of halting progress, those efforts took an important step forward this morning with the release of a proposed resolution that would temporarily modify the House rules to enable ...

Is Fed taking too long on middle-market loan relief?

Jeremy Newell is quoted in the American Banker regarding the Federal Reserve’s management of middle-market loan relief. Mr. Newell says the Main Street Lending Program is “just fundamentally different than anything the Fed has ever undertaken in its other emergency liquidity facilities” and likely requires more time to make sure all processes are in place. He ...

National Security Tariff Investigation Targets Steel-Based Components of Electrical Transformers

The Commerce Department on May 4, 2020, announced a new investigation under Section 232 of the Trade Expansion Act of 1962, this time examining whether “laminations for stacked cores for incorporation into transformers, stacked and wound cores for incorporation into transformers, electrical transformers, and transformer regulators are being imported into the ...

National Security: President Trump Signs Executive Order on Securing the United States Bulk-Power System

On May 1, President Donald Trump signed an executive order on “Securing the United States Bulk-Power System” (the “Order”) that gives the Department of Energy new authorities to block or mitigate certain transactions involving bulk-power system electric equipment designed, developed, manufactured or supplied by a “foreign adversary” based on national security ...

The EU Post-COVID-19: Regulating for Recovery and Revival

Every new team entering the Berlaymont to head up the European Commission starts out with bold and ambitious plans. Time after time, reality intervenes, and their plans are upended. This was true for the second Barroso Commission in 2010, when the aftershocks of the Global Financial Crisis and the Greek and Euro crisis that followed came to dominate their ...

Responding to COVID 19 related business issues in Latin America

COVID-19's march across the globe arrived in Latin America on February 25 in Brazil, coming roughly a month after Europe and the United States. High inequality and variable medical capacity across the region are driving governments to rely heavily on social distancing and business restrictions to slow and prevent the spread of the virus. As a result of this ...

Presidential Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

On April 22, 2020, President Trump issued a proclamation titled “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” (the “Proclamation”). The Proclamation prohibits, for 60 days beginning on April 23, 2020, individuals who are currently outside the United States from ...

Dark Clouds Loom for Lobby Firms Currently Buzzing With Business

Muftiah McCartin spoke with Bloomberg Law about lobbying efforts in first quarter of 2020. Ms. McCartin says she thought the action this year would be Democrats teeing up priorities for 2021, including legislation addressing climate change, infrastructure spending and drug pricing. “Now we are just dealing with keeping our head above water! We had no idea then ...

COVID-19 Kept BigLaw Lobbyists Busy In Q1

Muftiah McCartin is quoted in Law360 regarding COVID-19’s impact on federal lobbying efforts in the first quarter of 2020. Ms. McCartin says, “We had no idea then how hectic it would be as companies across industries are now facing an economic crisis that demands federal attention, and will continue to demand attention through the end of the year, both on the ...

Covington Boosts Global Competition Team with London Hire

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

The Brussels Effect—The EU’s Digital Strategy Goes Global

On February 19, the European Commission laid out its ambitious plans for regulating data, AI, and the digital sphere. These set the stage for the next five years’ work for President von der Leyen’s Commission in this critically important, and ever expanding, domain. Crucially, in its plans the Commission is making a concerted attempt to call on the “Brussels ...

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

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

Witney Schneidman on expectations for Pompeo's visit to Africa

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

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

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

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

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

CFPB Tightens Approach To Abusiveness With New Policy

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

U.S.-China "Phase One" Trade Deal

On January 15, 2020, President Trump and Chinese Vice Premier Liu He signed the much-anticipated “Phase One” trade agreement between the U.S. and China. Set to take effect no later than February 14, 2020, the “Economic and Trade Agreement Between the United States of America and the People’s Republic of China” (the “Agreement”) is the first formal accord ...

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

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

UK Launches Consultation on the Regulation of Genetic Technologies

The EU legislation governing genetically modified organisms (“GMOs”) is over 30 years old. It states that an organism is classified as a GMO where its genetic material has been altered in a way that does not occur naturally. The rules around “contained use” of GMOs (essentially in laboratory settings) are relatively straightforward. The “deliberate release” GMO ...

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

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

UK Election Brings Certainty but Concerns Continue

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

United States and China Announce Limited “Phase One” Trade Deal

On December 13, 2019, the United States and China formally announced a limited initial agreement to relieve trade tensions between the two countries that have been ongoing for the past 20 months. Under what the countries call a “Phase One” trade agreement, the United States will lower the rate on some already-imposed additional tariffs on Chinese imports and ...

The Hill Recognizes Covington's Public Policy Practice

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

European Countries Reluctant To Challenge FATCA

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

National Security Update - Commerce Department Releases Proposed Rule Implementing the Information and Communications Technology Supply Chain Executive Order

The Department of Commerce (“the Department”) has issued a proposed rule implementing the May 15, 2019 Executive Order entitled “Securing the Information and Communications Technology and Services Supply Chain,” which we previously analyzed here. Once finalized and effective, the regulations will govern the process and procedures that the Secretary of Commerce ...

Ian King Live - Tim Stratford

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

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

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

BigLaw Lobbying Returns Continue To Rebound In Q3

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

Push to Disclose Foreign Agents Could Ensnare Corporate Executives

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

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

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

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

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

US Moves to Expand Sweep of Foreign Deal Review Powers

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

The New European Commission 2019-2024

Over the summer, Ursula von der Leyen, President-elect of the European Commission since July 16, prepared her 27-member Commission. On September 10, she presented her new team – five years to the day from when Jean Claude Juncker presented the current Commission. If approved by the European Parliament, her new team will take office on November 1, 2019. This ...

What economic powers does Trump have at his disposal?

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

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

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

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

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

Brexit: What’s Next?

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

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

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

American business group highlights smoothly functioning commerce in HK

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

BigLaw Lobbying Picks Up In Q2 After Slow Start To Year

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

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

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

Demand Grows for Lawyers in Secrective World of CFIUS

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

Wanted: Lawyers Who Understand AI

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

Prominent Financial Services Lawyer Joining Covington

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

U.S. Targets Remaining $300 Billion in Chinese Imports with Proposed 25% Tariff

On May 13, days after increasing tariffs on $200 billion in Chinese imports, the U.S. Administration proposed imposing an additional 25 percent tariff on a new list of $300 billion in Chinese imports. The Administration cited China’s “failure to meaningfully address” problematic intellectual property (IP) practices and its retaliatory responses to U.S. tariffs ...

U.S. Prepares to Boost Tariffs on Chinese Imports, Citing “Lack of Progress” in Trade Talks

On May 8, the U.S. Administration confirmed its intent to increase tariffs on $200 billion in Chinese imports from 10 percent to 25 percent, effective Friday, May 10, 2019, and establish a process for requesting exclusions from these tariffs. As justification for these actions, the Administration cites the “lack of progress in discussions with China” and ...

Covington Boosts Global Public Policy Practice with Former Ambassador Daniel Feldman

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

Holder, Other Figures From World Stage Team Up at Covington

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

Naftogaz victory the latest blow in Russian arbitration series

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

BigLaw Lobbyists See Strong Q1 Demand Under Divided Gov't

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

K Street boom extends under Trump, House Dems

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

Top Private Equity Executive Rejoins Covington

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

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

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

Breaking through the boys club

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

The Brexit Headaches Keeping Partners Awake At Night

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

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

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

CFTC paves way for no-deal Brexit swaps transfers

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

Paid to persuade

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

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

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

US-Calif. Emission Talks Breakdown Could Spark Legal War

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

Trump administration quits fuel efficiency talks with California

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

Congress Calls for Exclusion Process for Tariffs on $200 Billion in Chinese Imports

Late last week, President Trump signed an appropriations bill to keep the government funded. In its Joint Explanatory Statement accompanying this legislation, Congress directed the Trump Administration to establish an exclusion request process for tariffs on $200 billion in Chinese imports by March 17, 2019, in line with the process provided for prior rounds of ...

US China Trade Talks

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

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

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

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

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

Jay Ireland Joins Covington's Africa Practice

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

Top Senate Armed Services Committee Counsel Joins Covington

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

Obama's MBK Chief Joins Law Firm

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

Leading Public Policy Lawyer Joins Covington

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

Jon Kyl Returns to Covington

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

Tim Stratford Elected Chairman of AmCham China Board of Governors

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

The Hill Recognizes Covington's Public Policy Practice

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

EU Framework for Screening Foreign Direct Investment Agreed in Principle

The first EU-level rules on the screening of foreign direct investment (FDI) are about to be agreed. These do not provide for the direct screening of FDI by the institutions of the Union, but rather create a framework for national initiatives and the exchange of information, and impose certain obligations on Member States to ensure a certain harmonization of any ...

The American Lawyer Recognizes Eric Holder with Lifetime Achievement Award

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

Covington Boosts Public Policy Practice with Alexis Lautenberg

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

Reprieve in U.S.-China Trade Tensions

On December 1, during a working dinner meeting in Buenos Aires following the G20 Summit, U.S. President Donald J. Trump and Chinese President Xi Jinping agreed to temporarily ease trade tensions as both sides continue negotiating over longer-term solutions to U.S. concerns about bilateral economic relations.

'Brexit': Proposed Withdrawal Agreement Between the EU and the UK

The proposed withdrawal agreement between the European Union and the United Kingdom was published by the European Commission on November 14 (see here). The text runs to 585 pages, and represents a tentative agreement reached between the UK and EU negotiating teams. It is accompanied by an eight-page outline of the proposed political declaration on the future ...

China 2025 Plan Remains a Stumbling Block as Trump Meeting Looms

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

Community Reinvestment Act: rework or revamp?

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

Washington's FARA Frenzy Fomenting New Legal Business

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

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

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

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

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

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

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

Calif. Starts Ball Rolling With Novel Internet Of Things Law

Lindsey Tonsager is quoted in Law360 regarding California’s newly enacted rules mandating security features for internet-connected devices. Makers of IoT devices will be required under Senate Bill 327 to equip products with "reasonable security features." Ms. Tonsager says, "The 'reasonable security' standard is quite flexible, which is good when operating in a ...

Litigation Luminaries

Eric Holder and Craig Pollack are featured in Commercial Dispute Resolution regarding the firm’s ambitions to be at the forefront of international dispute resolution. Mr. Holder and Mr. Pollack discussed managing complex disputes, diplomatic solutions, culture of collaboration, Brexit, and structure and strategy of a case. Mr. Holder said in the interview, “We ...

British Irish Chamber calls for State supports to Brexit-proof Ireland’s agri-food sector

Maree Gallagher is quoted in the Irish Examiner regarding Brexit’s impact on Ireland’s agri-food sector. Ms. Gallagher, also Chair of the British Irish Chamber of Commerce Agri-Food Committee, says, “The agri-food sector is Ireland’s largest indigenous industry employing around 250,000 people enabling €12.6bn in exports a year.” Ireland, who is a major source of ...

China 'keeping wary eye' on US and EU as trade pressure mounts

Timothy Stratford is quoted in the South China Morning Post regarding the United States and European Union’s pressure on China to reform its economy. Mr. Stratford says of the Chinese state-led economic model, “The global trading rules are based on assumptions that market economies are more efficient than state-led economies and that countries benefit from the ...

Lifetime Achiever: Eric Holder, Covington & Burling

The American Lawyer has recognized Eric Holder in its annual “Lifetime Achiever” series. The article highlights his esteemed legal career and his “desire to make America more fair and equal.” Mr. Holder sees this theme running throughout his career and says, “I get to do things that are consistent with what I think lawyers should be doing as change agents, while ...

A major hurdle in trade talks: US and China ‘play by different economic rules'

Timothy Stratford is featured in a South China Morning Post article about his views on U.S.-China trade relations. Mr. Stratford says multinational companies with Chinese or U.S. operations have been caught in crossfire of the trade war between the nations. “What’s happening now is that the current deadlock is causing companies from both countries to rethink ...

Covington Secures First SAFETY ACT Protections for Public Utility

WASHINGTON—Covington represented Public Service Enterprise Group and its subsidiary Public Service Electric & Gas in securing liability protection under the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 from the U.S. Department of Homeland Security. PSE&G is the first public utility in the United States to be awarded SAFETY Act ...

Foreign Lobbying Overhauls Stall as Manafort Trials Approach

Robert Kelner is quoted in Roll Call regarding legislation to overhaul the Foreign Agents Registration Act. Mr. Kelner says, “They [lawmakers] are all are focused on ‘toughening’ the statute, which is a political approach, but not an approach that will make it more effective. FARA has been in need of a major overhaul for decades. It’s an extremely vague statute, ...

EU struggles to counter US sanctions on Iran

Jean De Ruyt is quoted in the Financial Times regarding EU plans to protect its businesses investing in Iran and mitigate a new wave of U.S. sanctions. Mr. De Ruyt notes, “It’s a European policy that’s totally in contradiction to the American policy: that doesn’t happen very often.”

Why the EU will only extend the Brexit deadline for a second referendum

Bart Van Vooren is quoted in The Telegraph regarding an extension of the Brexit deadline. According to Mr. Van Vooren, “For that to happen, Article 50 requires that the European Council decides unanimously on the extension in agreement with the UK.” Mr. Van Vooren added, “An extension is not likely if it will merely extend the painful process of the last 15 ...

First Set of U.S. Section 301 Tariffs Goes into Effect; China Retaliates in Kind

As anticipated, an additional 25 percentage point ad valorem tariff on $34 billion worth of Chinese imports into the United States (covering 818 product categories in sectors including aerospace, information communication technology, machinery, and medical instruments) went into effect on July 6, 2018.

In Tariff Fight With Trump, China Scraps Plan to Strike First

Timothy Stratford is quoted by The Wall Street Journal in an article regarding China's anticipated response to new tariffs on $34 billion of Chinese products starting on July 6. A Chinese head start "would not be moving hearts and minds on both sides toward the positive direction of de-escalation," says Stratford.

China-U.S. Trade Tensions Rage On

Timothy Stratford appeared on CGTN's "The Point" to discuss the current state of China-U.S. trade tensions following the announced threat of a new round of $200 billion tariffs on Chinese goods. “The things that the U.S. hopes China will do are things that China doesn’t believe are in their own interest to do, so I think we have a stalemate," says Stratford.

U.S. Releases Final List of Tariffs on $34 Billion in Chinese Imports

As anticipated, the Trump Administration today released its final list of Chinese imports subject to an additional 25 percent ad valorem tariff. The imposition of the tariffs follows the Administration’s determination in March that China’s technology transfer and intellectual property (“IP”) policies are harming U.S. companies, and the submission of public ...

U.S. drone-strike policy threatens to backfire as other nations acquire technology

Peter Lichtenbaum is quoted in a Washington Times article regarding U.S. policy on drone strikes. “We can set whatever rules we want, but we need to understand that we are setting a precedent, and other countries are watching very closely what we do,” says Lichtenbaum. “If we assert a certain prerogative, that will make it difficult for us to argue against other ...

Post-Brexit Border solution could take years, says former EU negotiator

Sir Michael Leigh and Lord Francis Maude recently participated in a roundtable with The Irish Times to discuss Brexit developments. Commenting on the status of finding a solution to the Irish Border issue, Leigh and Maude said that they do not envisage a solution to maintain an invisible border being agreed until there is a deal on the future EU-UK trading ...

Trump’s fluid approach to national and economic security is leaving his allies baffled

John Veroneau is quoted by The Washington Post in an article regarding potential tariffs on foreign cars. “While U.S. trading partners have been fairly measured in responding to the steel and aluminum tariffs, they will have no choice but to exhaust every option in opposing tariffs on autos,” says Veroneau. “Also, unlike steel and aluminum tariffs which hit U.S. ...

U.S.-China Trade Talks End Without Agreement as U.S. Finalizes Unilateral Measures

The Trump Administration’s senior economic and trade officials held talks with their Chinese counterparts in Beijing, May 3-4. The talks concluded with no agreement, and each side tabled expansive demands that appear well beyond what the other side would be able to accept.

UK leader's position difficult if she agreed a deal close to EU customs union: Ex-lawmaker

Lord Francis Maude appeared on CNBC to discuss the UK's future trading relationship with the EU. According to Maude, “It remains the case that it is hugely in the interest of the UK and of the EU 27 for there to be a sensible, pragmatic deal that, with good will on both sides, means that Britain remains in a deep and special partnership with the EU.”

BigLaw On Track For A Big Lobbying Year In 2018

John Veroneau is quoted in a Law360 article regarding first quarter LDA filings. "The Administration's determined efforts to address long-standing trade issues with China through tariffs and other means creates both risks and opportunities for many American businesses,” Veroneau says. “Recognizing that U.S.-China trade relations are likely to remain uncertain ...

BIA Head Attacks Rapporteur Reallocation, But Welcomes Further Clarity On Transition Period

Grant Castle is quoted by The Pink Sheet in an article regarding comments from head of the UK BioIndustry Association stating that authorities are jumping the gun by reallocating all UK centralized rapporteurships to other EU member states before it is clear whether there will be some form of continued regulatory relationship between the UK agency, the MHRA, and ...

BTI Names Smith, Sperling, and Topol "Client Service All-Stars"

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 ...

NAFTA Arbitration Substitutes May Spur Issues Of Their Own

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 ...

Leaders call for free trade for Africa

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 ...

Numerous Imports Targeted as U.S.-China Trade Tensions Escalate

On April 3, the Trump Administration proposed a list of approximately 1,300 products originating from China that would bear an additional 25 percent ad valorem import tariff and requested public comments on the list, following the Administration’s determination last month that China’s technology transfer and intellectual property (“IP”) policies are harming U.S. ...

Eric Holder, Unleashed

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 ...

Brexit Transition Deal Doesn't Remove Legal Risks For City

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 ...

China hits back at up to $60 billion in U.S. tariffs with only with $3 billion of its own

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 ...

USTR Finds China’s IP Practices Cause at Least $50 Billion in Harm: Proposed Tariffs and Investment Restrictions Ratchet Up U.S.-China Trade Tensions

Earlier today, the administration announced its findings that China’s theft of U.S. technologies and intellectual property (“IP”) have caused at least $50 billion in harm to the U.S. economy per year.

China to Target Trump's Base in Tariff Response

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 ...

Covington Secures Presidential Order Protecting Qualcomm from Hostile Takeover

WASHINGTON—Covington secured a U.S. Presidential order compelling Broadcom Limited to “immediately and permanently abandon” its proposed hostile takeover of its client Qualcomm, Inc. The order was based on findings by the Committee on Foreign Investment in the United States (CFIUS) that Broadcom's takeover "threatens to impair the national security of the United ...

UK And EMA Could Work Together Informally After Brexit

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, ...

Next Up: Section 301 - Companies and Global Markets Should Prepare for the Risk of Rising U.S.-China Trade Tensions

Following the recent U.S. announcement of tariffs on steel and aluminum imports under Section 232 of the Trade Expansion Act of 1962, the United States is now poised to implement trade sanctions against China stemming from an investigation of that country’s intellectual property (“IP”) practices.

House Weighs Export Controls, National Security At Hearing

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 ...

EU Reactions to the U.S. Steel and Aluminum Tariffs

In our March 9 client alert we outlined the proclamations issued by President Trump announcing tariffs on imports of steel and aluminum in the United States, which will go into effect on March 23. The European Union—which is the second-largest foreign supplier of steel and aluminum to the United States, after Canada—has expressed concern about the imposition of ...

China-Focused U.S. Treasury Department Official Joins Covington

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 ...

CIT denies Canadian solar companies’ plea to suspend safeguard measures

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

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 ...

Transition period unlikely to threaten City of London

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 ...

Dialogue with Yang Rui

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."

Panel Convening at LSU to Discuss State of U.S. Patent System

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.”

Gas-Tax Hike Finds Few Friends in Congress Despite Trump Support

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.”

China’s toolbox to turn the retaliatory screws in trade tensions with the United States

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 ...

Communication breakdown risks escalating Sino-US trade row, say former officials

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 ...

English Jurisdiction As Effective As Ever: A Response to the European Commission's “Notice to Stakeholders”

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 ...

NDRC Releases Final Outbound Investment Regulations

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 ...

Republicans, Democrats Far Apart on Deal as Shutdown Clock Ticks

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 ...

Lord Maude: Expect Theresa May to still be PM in 2019

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 ...

The battle to save private activity bonds may not be over

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

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. ...

Brexit Summit

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 ...

Britain Gets OK To Start Negotiating Exit With European Union

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 ...

Brexit: EU and UK battle over ‘an accession in reverse’

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.”

Asia's 'new global order' eyes inclusive globalisation

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 ...

Despite the sweet talk, gains of China trip unclear

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 ...

Deals galore for US firms from Trump’s China trip, but are the real trade problems being glossed over?

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 ...

Will China’s $253 bln in deals ease trade friction with the US?

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 ...

The Hill Recognizes Four from Covington’s Public Policy Practice

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 ...

Leader In BigLaw Lobbying Revenue

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 ...

U.S. to Curb Russian Military Flights Over American Territory

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 ...

Here Comes the Real Brexit Fight Over Cash

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."

Covington Boosts Global Public Policy Practice with Arrival of Sir Michael Leigh

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 ...

Juncker’s one-president proposal draws few cheers

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 ...

Covington Adds State Dept. Veteran To Govt. Affairs Team

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 ...

Rescission of DACA Raises Employer Considerations and Legislative Options

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

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, ...

Covington Snags Rademaker

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."

GOP Faces Pileup of Urgent Tasks Topped by Debt Limit Extension

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.

Brexit: squaring the circle

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 ...

Mavuno Harvest plants seeds of small-business expansion in sub-Saharan Africa

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 ...

POLITICO Brussels Playbook: UK Brexit 'fairy tale' —Theresa May's pink line — Italy's Northern League goes soft

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)."

Arbitration panel proposed for post-Brexit dispute resolution

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."

Brexit Bulletin: ‘Confused and Puzzled’

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 ...

EU Insists on Orderly Brexit as UK Battles for Upper Hand

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 ...

Spain's 'veto' over Brexit deal for Gibraltar could be illegal

Bart Van Vooren is quoted by The Telegraph in an article regarding the legality of Spain's veto over whether the Brexit deal will apply to Gibraltar. According to Van Vooren, "This is actually a complex question of EU constitutional law." He adds, "Could such a legal issue become an obstacle to the withdrawal agreement with the UK? That certainly cannot be ...

UK Government’s negotiating position on CJEU seen lacking, legally unsound

Bart Van Vooren is quoted in a PaRR article regarding the UK Government's negotiating position on the role of the Court of Justice of the European Union following the completion of Brexit. According to Van Vooren, the EU was “in a slightly stronger position from an international law perspective” regarding pending cases and that the UK would likely “still be ...

Parliamentarian Singles Out More GOP Health Bill Provisions

Muftiah McCartin is quoted by CQ Healthbeat in an article regarding Senate Parliamentarian Elizabeth MacDonough's ruling against two provisions in the GOP healthcare rule. According to McCartin, the Planned Parenthood language previously deemed a Byrd rule violation is likely to continue to have issues. She adds that Republicans are trying to broaden the ...

Cash surges to lobby firms in Trump era

Muftiah McCartin is quoted by The Hill in an article regarding second-quarter spending on lobbying. According to McCartin, “Although there have not been any high-profile legislative accomplishments during the first six months of the Trump Administration, the legislative wheels of government are clearly grinding away.”

EU wants power to impose huge fines on Britain for years after Brexit

Bart Van Vooren is quoted by The Telegraph in an article regarding the push by EU negotiators to impose fines on Britain for breaking European laws after Brexit. According to Van Vooren, "The way that infringement proceedings are brought is very much under the discretion of the commission…and they are extremely politicised." He adds that there would be a huge ...

Trump Puts China Under Microscope With WTO Envoy Nom

John Veroneau is quoted in a Law360 article regarding President Trump's appointment of Dennis Shea to serve as the deputy U.S. trade representative in Geneva. “The main focus of this administration has been the impact of China’s accession to the WTO," says Veroneau. “To the extent that there are concerns about the WTO these days, it’s often revolved around ...

Germany's plan to lure more private investment to Africa

Witney Schneidman participated in an interview with CNBC Africa to discuss Germany's Marshall Plan with Africa. According to Schneidman, "I think the German government is very serious about trying to put in place an initiative as it relates to the continent."

Changing Perceptions on Display at U.S.-Africa Business Summit in DC

Witney Schneidman is quoted in an All Africa article providing highlights from the U.S.-Africa Business Summit. In his Brookings blog post on Secretary Ross' speech, Schneidman writes, "The good news is that the Trump administration appears to understand the importance of the African market."

National Law Journal Names Gary Guzy "Energy & Environmental Trailblazer"

WASHINGTON—The National Law Journal has named Covington’s Gary Guzy as one of its “Energy & Environmental Trailblazers.” The list profiles 50 lawyers who “continue to make their mark in various aspects of legal work in the areas of energy and environmental law” and have “shown a deep passion and perseverance in pursuit of their mission.” Mr. Guzy has over three ...

Special Coverage: The UK Decides

Lord Francis Maude appeared on Bloomberg following the close of the UK election polls. "This was absolutely a good election for [Theresa May] to call, but the absolute rule should have been don't take risks," says Maude when commenting on the exit poll results which showed the Tories falling short of a majority. He adds that, at this point, the outcome is still ...

Key Questions About Move To Privatize Air Traffic Control

Jack Schenendorf is quoted in a Law360 article regarding questions that Congress will have to answer when tackling air traffic control reform. Commenting on who is going to pay for the new ATC entity, Schenendorf remarks, "The only entities that would not have to pay in are the federal entities using the system, so they say everyone should contribute something ...

Former DHS Assistant Secretary Joins Covington

WASHINGTON—Alan Bersin, former Assistant Secretary for International Affairs at the U.S. Department of Homeland Security, has joined Covington as a Policy Consultant in the firm’s Public Policy and Government Affairs practice. Mr. Bersin has led a highly regarded career of government service, having held a number of senior level positions within the Department ...

Stratford: U.S. Should Look at 'Belt & Road' Plan

Timothy Stratford appeared on Bloomberg Markets: Asia to discuss China's "Belt & Road" initiative focused on infrastructure development and U.S. trade relationships. According to Stratford, "I think the basic idea of a 'Belt & Road' is a very positive idea. I think that we have parts of the globe that are really not well integrated into the global trading system ...

Administration Submits Notice of NAFTA Renegotiation

On May 18, 2017, newly confirmed U.S. Trade Representative Robert Lighthizer formally notified Congress that President Trump intends to renegotiate the North American Free Trade Agreement (NAFTA). The Trump Administration has indicated that it will request public input on the “direction, focus, and content” of these negotiations, and will publish notice in the ...

European Commission Proposes New Powers to Request Confidential Information From Companies and Trade Associations

On May 2, 2017, the European Commission published a legislative proposal for a Regulation on a Single Market Information Tool. If adopted, the proposed Regulation would empower the Commission to request information from companies and trade associations, from a wide variety of industrial, technological and services sectors, if the Commission finds that serious ...

The Brexit Club featuring Barclays, Cambria Automobiles and Gear4music

Bart Van Vooren is quoted in PaRR's "Brexit Club" column regarding the two-part approach to the Brexit negotiation process, following the publication of draft negotiating directives for “phase one” of the talks. According to Van Vooren, there are real legal problems with this two-part approach, regardless of the parties' up-front negotiating positions. One ...

Brussels sidesteps calls to block unwanted foreign takeovers

Sebastian Vos is quoted by the Financial Times in an article which examines Brussels' resistance to its EU counterparts' request for the European Commission to create additional hurdles for foreign investment, particularly in China. Vos indicates that an EU mechanism to monitor foreign investment "would be an interesting tool for the commission to have in ...

Trump tax proposal won't include federal infrastructure funding

Jack Schenendorf is quoted in a Bond Buyer article regarding the relationship between President Trump's tax proposal and infrastructure funding. According to Schenendorf, the fate of Trump's infrastructure plan is directly tied to tax reform. "My view has always been that how the Trump plan is funded and where the money will come from would be determined in the ...

Trump Tax Reform Proposal

On April 26, 2017, U.S. Treasury Secretary Steven Mnuchin and National Economic Council Director Gary Cohn introduced the Trump Administration’s tax reform proposal (the “Trump Proposal”) in a briefing. The proposal appears to borrow heavily from the tax reform plan put out by Mr. Trump during his presidential campaign with the significant exception that this ...

Spending on lobbying approached $1 billion in first quarter, highest in 5 years

Muftiah McCartin is quoted in a Washington Post article regarding first-quarter spending on lobbying. “The first 100 days of the Trump administration have been extremely chaotic,” says McCartin. “As a result, companies across the globe are seeking assistance to help navigate the new Administration.”

Trump Moves on Steel Under Section 232

On April 20, 2017, President Trump issued a memorandum announcing that the Secretary of Commerce had initiated an investigation to determine the effects of imported steel on national security. The investigation was initiated under Section 232 of the Trade Expansion Act of 1962, as amended. While it remains to be seen what actions the Administration might ...

K Street bouncing back under Trump

Muftiah McCartin is quoted by The Hill in an article regarding first-quarter spending on lobbying. According to McCartin, the growth in spending can be attributed to the “extremely chaotic” first months of the Trump Administration, which left clients scrambling to figure out how to navigate the new environment.

Trade experts urge use of Section 301 to fight abusive competition laws

Deborah Garza spoke at an event hosted by the U.S. Chamber and is quoted in an Inside U.S. Trade article regarding recommendations included in the International Competition Policy Expert Group’s recent report. “I thought the Chamber was smart and our group was smart in recognizing that the best way to approach the issue though was through a combined one-two ...

Snap election: Conservatives seek stronger mandate for Brexit negotiations

Lisa Peets is quoted in a LexisPSL article regarding the Conservative Party's mandate for a hard Brexit. According to Peets, "An increased majority gives the Prime Minister greater flexibility to push for a harder or a softer Brexit, depending on what she actually wants." She adds, "A healthy majority helps May show the EU that she can deliver on her ...

CMS Finalizes Market Stabilization Rule

Last Thursday, the Centers for Medicare & Medicaid Services (CMS) finalized the Affordable Care Act (ACA) market stabilization rule, which it originally proposed in February, 82 Fed. Reg. 10,980 (Feb. 17, 2017). This final rule was published today in the Federal Register and will become effective on June 19, 2017. 82 Fed. Reg. 18,346. The final rule includes ...

Philip Howard Named to President Trump's CEO Council

NEW YORK — Covington’s Philip Howard has been appointed to President Donald J. Trump’s “Strategic and Policy Forum” by its chair, Stephen A. Schwarzman, the Chairman, CEO, and Co-Founder of Blackstone. Composed of CEOs and business leaders, the “Strategic and Policy Forum” is charged with providing their views to the President — informed by their unique vantage ...

Can Washington narrow its trade deficit with Beijing in 100 days?

Timothy Stratford is quoted in a South China Morning Post article regarding plans between China and the U.S. to tackle trade disputes over a three month period. According to Stratford, concrete results such as greater China access for U.S. companies could be short-lived and reversed if relations soured. One option for attaining something of far-reaching ...

Brexit: What's Next

Carl Bildt was interviewed by Bloomberg to discuss the UK’s withdrawal from the European Union after it triggered Article 50. According to Bildt, “[At] the end of the day there has to be some sort of agreement…and I think we are heading towards a deep and comprehensive free trade agreement.” He adds that there will need to be an interim agreement as it’s going ...

Chao says infrastructure plan by May; Advocates question path forward

Jack Schenendorf is quoted by The Bond Buyer in an article regarding the Trump Administration’s plan to release infrastructure legislation as early as May. According to Schenendorf, moving the infrastructure package up to May looks like an effort by the Trump Administration to get some positive momentum. "They ran into problems with healthcare reform and tax ...

A Century of Women in Congress: Muftiah McCartin

The Office of House Historian featured Muftiah McCartin in its project displaying women’s roles in American politics and their contributions to Congress during the past century. In her interview, McCartin traces her first 10 years on the Hill as the only woman in the House Parliamentarian’s Office. According to McCartin, "The House is such a part of the fabric ...

White House Choices Shape Africa Policies [analysis]

Witney Schneidman is quoted in an All Africa article regarding the Trump Administration’s impact on Africa policy. "The Trump Administration needs to strike the right balance between hard and soft power if it is going to be successful in advancing U.S. interests in Africa," says Schneidman. "Africa appears to be on the back burner for this Administration.”

UK Government Outlines Plan for Initial Continuation of EU Law in Post-Brexit UK Law

Today, the UK Government published a White Paper envisaging an initial continuation of EU law in the UK “wherever practical and appropriate” on withdrawal from the EU (“Brexit”). Today’s White Paper comes one day after the UK notified the EU of its intention to leave which triggers the two-year Brexit negotiation period. The UK Government intends on achieving ...

Expect Clear Brexit Negotiating Positions by the Summer

Following the triggering of Article 50, Sebastian Vos was interviewed by CNBC to discuss the Brexit negotiation process. According to Vos, “It’s a very compressed timeline.” He adds, “The aim is to achieve a mutually beneficial post-Brexit relationship between the EU and UK, but…the various member states have to take account of differing national interests.”

Brexit's Impact on Businesses

Following the triggering of Article 50, Lord Francis Maude was interviewed by Bloomberg to discuss the impact of Brexit on businesses. “I think there’s a deep recognition on both sides that there is a joint self-interest in reaching a sensible, orderly agreement.” He adds that there are “huge numbers of issues affecting lots of different sectors” and businesses ...

UK Triggers Brexit Process

Today, the UK Prime Minister, Theresa May, formally triggered the process of the UK’s withdrawal from the EU (“Brexit”) by invoking Article 50 of the Treaty on European Union. This is the first time an EU Member State has used the Article 50 mechanism. This marks the beginning of the two-year period in which an arrangement for Brexit must be agreed and ...

What does the future hold for Belt & Road?

Timothy Stratford participated in a discussion hosted by CGTN’s “The Point” and is quoted in a Global Times article providing highlights from the event, “Follow the Money 2017.” Commenting on President Trump’s Trade Agenda for 2017 and the need for freer and fairer trade, Stratford says, “I think, ideally, you have to have both of them. And you can only have ...

DOT Budget Undermines Trump’s $1T Infrastructure Promise

Jack Schenendorf is quoted in a Law360 article regarding President Trump’s 2018 budget blueprint, which would cut the Department of Transportation’s funding by 13 percent, and its effect on the promised infrastructure investment plan. “Transit systems going forward would seem to be taking a big hit, but in today’s world it’s important to have good seamless ...

A Special "Long Table" Edition of The Point: Follow the Money 2017

Timothy Stratford participated in a discussion hosted by CGTN’s “The Point” on the future of China’s international economic role. Commenting on President Trump’s trade agenda which calls for freer and fairer trade, Stratford says, “I think ideally you have to have both of them. And you can only have a sustainable relationship if you have both of them.” He adds, ...

States Look To NEPA Review Power To Spur New Projects

Gary Guzy is quoted in a Law360 article regarding the states’ ability to use the Surface Transportation Project Delivery Program to expedite surface transportation improvement projects while waiting for President Trump’s infrastructure plan. “That’s very innovative and could be effective in avoiding duplication, facilitating more rapid permitting,” says Guzy. ...

Is This the Next Trade Deal on the Chopping Block?

Witney Schneidman is quoted in an OZY article regarding the impact of the Trump Administration on the future of the Africa Growth and Opportunity Act (AGOA). According to Schneidman, “There’s a fair chance that it will be seen as a trade deal that’s disadvantageous to the United States.”

Does AGOA unfairly benefit Chinese firms?

Witney Schneidman is quoted in an African Business Magazine article regarding claims that the African Growth and Opportunity Act unfairly benefits Chinese firms more than African entrepreneurs. According to Schneidman, “I think the criticism is a red herring to be honest.” He adds, “Chinese companies have been at the forefront of helping to expand the ...

Speed Limits on Trump’s Infrastructure Drive: Federal Laws, Rare Species and Nimbys

Gary Guzy is quoted by The Wall Street Journal in an article regarding President Trump’s infrastructure plans. Commenting on attempts by Presidents Obama and Bush to accelerate projects with Executive Order, Guzy says the Obama Administration was concerned prolonged reviews could hold back stimulus spending under the 2009 American Recovery and Reinvestment Act.

Trump’s ‘America first’ vow sparks fears for Africa initiatives

Witney Schneidman is quoted in a Financial Times article regarding how President Trump may affect Washington’s Africa policy. Schneidman, who is hopeful that President Trump can be persuaded that what is good for Africa is good for America, says, “The key question is how will Africa help America be great again? How does Africa fit into this?” He adds that even ...

Two Birds doubles down on disputes

Péter Balás is quoted in a Commercial Dispute Resolution article regarding forthcoming Brexit negotiations and the impact on tax and customs duties. Commenting on Theresa May’s signal of a changed relationship with the EU’s customs union, Balás says that such a relationship made the application of customs controls “unavoidable,” with the United Kingdom aiming ...

Africa in 2017: Innovation, employment, and governance

Witney Schneidman appeared on the Brookings Institution's “Intersection” podcast series to examine the top priorities for Africa in 2017, as laid out in the Africa Growth Initiative’s annual Foresight Africa report. According to Schneidman, a key challenge for 2017 is “how to get more growth in…key economies” and “how to get growth in the non-oil sectors.”

The Laterals Audit: Tax Attorney Moves In January

Law360 featured Ed McClellan’s addition to Covington’s Public Policy and Government Affairs practice in a round-up of notable tax attorney moves in January. According to McClellan, there is tremendous private sector interest in GOP plans to cut corporate tax rates, provide a 100 percent exemption for foreign earnings, allow full expensing of capital investments ...

Brexit: mutual recognition hope for lawyers

Lord Francis Maude and Carl Bildt are quoted by The Law Society Gazette in an article regarding post-Brexit mutual recognition arrangements. According to Maude, it would be “very surprising if mutual recognition arrangements” could not be sorted out relatively easily. He adds that continuation is likely because the “benefits on both sides” are now ...

Practical Considerations for Employers on the Immigration-related Executive Order

As has been widely reported, President Trump issued an Executive Order (“the Order”) on Friday, January 27, 2017, entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States,” which, among other directives, bans individuals from Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia (the “Covered Countries”) from entering the United States ...

Brexit Bulletin: Hug Trump Close

Lord Francis Maude is quoted in Bloomberg’s “Brexit Bulletin” discussing the House of Lords ability to delay Brexit until 2020. According to Maude, if unelected politicians frustrate the government it will be seen as an attack on democracy and could strengthen calls for the end of the chamber. “It’s technically possible, but not likely unless the House of Lords ...

In Trade with Africa, US Playing Catch-up

Witney Schneidman is quoted in a Voice of America article regarding U.S. trade and investment in Africa. "I think the key to [Barack Obama’s] legacy is that he has brought trade and investment to the forefront of the U.S.-Africa policy agenda.” Schneidman adds, "When you look at the totality of this, not only does it say that the U.S. has interests in Africa ...

Fintech Startup, Covington To Launch Blockchain Council

Sebastian Vos is quoted in a Law360 article regarding the launch of a Global Blockchain Business Council at this year’s World Economic Forum by Covington and The Bitfury Group. “Blockchain has the potential to be the next great technological innovation, revolutionizing areas from cross-border payments, trade finance and land registries to government records,” ...

Ex-Senate Finance Tax Counsel Joins Covington & Burling

Timothy Hester and Ed McClellan are quoted in a Law360 article regarding McClellan’s recent arrival to the firm’s Tax and Public Policy and Government Affairs practices. According to Hester, “Given the inevitability of new tax legislation that will have significant effects across the economy, Ed is a highly valuable resource in an area of great importance for ...

Trump’s troops prepare the ground for trade battles

The Financial Times highlights a statute uncovered by John Veroneau allowing presidents to impose tariffs on imports from countries found to “discriminate” against the U.S. in an article regarding President-elect Donald Trump’s plans for trade policy. Veroneau and Gibson’s article on Section 338 of the Trade Act of 1930 can be found here.

Former Senate Finance Tax Counsel Joins Covington

WASHINGTON—Ed McClellan has joined Covington as a partner in its Tax and Public Policy and Government Affairs practices resident in Washington. Mr. McClellan served as Tax Counsel for the U.S. Senate Finance Committee and as a senior policy and technical advisor to two chairmen of the Committee, Senator Chuck Grassley and the late Senator Bill Roth. Mr. ...

Six Covington Lawyers Named Law360 MVPs

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

Trump Taps Veteran Skadden Partner as U.S. Trade Representative

John Veroneau is quoted in a New York Law Journal article regarding President-elect Donald Trump’s nomination of Robert Lighthizer to serve as the next U.S. trade representative. “As a practicing attorney, Bob has a concrete sense of the problems facing U.S. importers and exporters," Veroneau says. “And as someone who has grappled with trade policy for a long ...

How Congress Can Still Save the Children of Syria

Layth Elhassani is quoted by The Daily Beast in an article regarding The Save the Children Act, which was recently introduced to Congress. Elhassani, who helped draft the bill, says, “Whether it’s about the election or not, the beauty of the bill is you don’t have to be for expanded immigration or a bigger government, this is a public-private partnership that is ...

Congress should support bill to grant temporary visas to Syrian refugee children

Layth Elhassani helped drafted HR 6510: The Save the Children Act, which authorizes granting temporary visas to 25,000 Syrian refugee children to live in the U.S. until the civil war in their country ends. The Hill highlights the bill’s introduction to Congress by Rep. Mike Honda and Mr. Elhassani’s pro bono efforts.

EU citizenship deal for British nationals has no chance, say experts

Jean De Ruyt is quoted by The Guardian in an article regarding a proposal to allow British nationals to keep EU citizenship after Brexit. According to De Ruyt, “This proposal is absolutely not serious.” He continues, “It is very vague and for the distant future, it is not something which is made for Brexit. Maybe it can be discussed 10 years from now if member ...

International Trade MVP: Covington's Shara Aranoff

Law360 selected Shara Aranoff as a 2016 International Trade MVP and profiled her work over the past year, including her representation of South32 and Union Pacific Railroad Co. at the ITC. Law360 also highlights Aranoff’s ongoing defense of China’s Baosteel Group in a Section 337 case, the first antitrust-based investigation at the ITC in more than 25 ...

Ghana: AGOA Faces Uncertain Future - Chinese Benefit More Than Ghanaians

Witney Schneidman is quoted in an All Africa article regarding the uncertain future of the African Growth and Opportunity Act (AGOA) following the election of Donald Trump. According to Schneidman, “It is hard to see how AGOA is sustained in a Trump administration.”

Council’s Mr. Fix-It will hit the ground running when Brexit horse trading begins

Ambassador Jean De Ruyt is quoted in an MLex article regarding the appointment of Didier Seeuws as the leader of the Council of the European Union’s taskforce on Brexit. According to De Ruyt, Seeuws is a “good technician with a political mind.” De Ruyt adds that “[Seeuws is] a fixer; he wants to find solutions.”

High Court Rules That UK Government Does Not Have Power to Trigger Process of Withdrawal from EU Without Parliamentary Approval; Case Likely to Go to Supreme Court in December

Today, the High Court of England and Wales held that the UK Government does not have the power to trigger the process of withdrawal from the EU without first obtaining Parliamentary approval. The High Court’s decision will likely be the subject of an appeal heard by the UK Supreme Court in December this year.

RECAP – Chinese Investment In Africa: A Balanced View of Its Role and Impact on Africa’s Private Sector

Witney Schneidman participated in a panel at the IGD Fall Frontier 100 Forum and is quoted in an article providing highlights of the discussion on Chinese investment in Africa. According to Schneidman, “We cannot afford to see African market as a zero-sum proposition.” He added that global investors must ensure that “Africa has the access to the best global ...

The Hill Recognizes Four from Covington’s Public Policy Practice

WASHINGTON—The Hill has named Covington’s Howard Berman, Holly Fechner, Jon Kyl, and Bill Wichterman to its annual “Top Lobbyists” list, which recognizes individuals “who do battle within” Washington’s policymaking arena. First elected to Congress in 1982, Congressman Berman became known as one of Capitol Hill’s preeminent deal-makers. He served as chairman of ...

Former UK Minister for Trade and Investment Joins Covington

LONDON—Lord Francis Maude, the former UK Minister for Trade and Investment in Prime Minister David Cameron’s government, has joined Covington as a Senior Advisor in the firm’s Public Policy and Government Affairs practice. With a political career spanning almost 40 years, Lord Maude has held a number of high profile government positions, including Financial ...

Lord Francis Maude appointed by Covington as senior advisor for public policy

Timothy Hester and Lord Francis Maude are quoted in a PR Week article regarding Maude’s recent arrival. According to Hester, “The results of the Brexit referendum will continue shaping the commercial and regulatory realities of the global economy for some time to come. As the world’s businesses, diplomats and regulators grapple with the new landscape across ...

Thirteen partners – and a peer

CDR News highlighted the promotion of 13 Covington lawyers to partner, as well as the arrival of Lord Francis Maude in London as a Senior Advisor in the firm’s Public Policy and Government Affairs practice. According to firm chair Timothy Hester, “Our new partners reflect the excellence, strengths, and diversity of the firm and will play important roles in the ...

A 6-year bid for a moment of silence for veterans

Brian Smith is quoted in a Boston Globe article regarding the passage of the Veterans Day Moment of Silence Act. Smith, who represented the Bendetson family pro bono, comments, “I thought our firm could contribute to getting it across the finish line.” He adds, “We were going to help them until they gave up, and they never did. Their dedication to this is ...

Former Chief of Staff to the Deputy Secretary of Defense Joins Covington

WASHINGTON—Zachary Mears has joined Covington as a Senior Advisor in the Aerospace, Defense, and National Security industry group and the Public Policy and Government Affairs practice. Dr. Mears previously served as the Chief of Staff to the Deputy Secretary of Defense and Deputy Chief of Staff to the Secretary of Defense. He advised the Secretary and Deputy ...

Does Brokered-Deposit Bill Give Special Treatment to Promontory?

Ed Yingling is quoted in an American Banker article regarding the brokered-deposit legislation. According to Yingling, the bills would help community banks because it would remove limits on the amount of reciprocal deposits they can hold. He adds that several deposit-placement service providers would benefit.

EU commission still refuses UK talks before Article 50 triggered

Ambassador Jean de Ruyt is quoted in an article by The Guardian regarding the European Commission’s rejection of Theresa May’s call for preparatory talks on Brexit before the UK’s formal resignation from the EU. de Ruyt suggests there was a “grey area” where informal talks could happen, but governments will not start negotiations with the UK without notification ...

Covington Leads Pro Bono Effort to Enact Veterans’ Legislation

WASHINGTON—Covington represented the Bendetson family pro bono in their successful effort to persuade Congress to enact a national moment of silence on Veterans Day each year in honor of all U.S. veterans. The House of Representatives today unanimously passed the Veterans Day Moment of Silence Act (S. 1004), capping a three-year effort by Covington on behalf ...

Corker Faces a Hard Slog in Foreign Aid Overhaul

Howard Berman is quoted in a CQ News article regarding Senate Foreign Relations Chairman Bob Corker’s efforts to produce a foreign assistance overhaul measure. According to Berman, “It's an enormous task that is fraught with potential problems because you have to get the buy-in from many different people.”

DOL's Perez Walks Election Tightrope as Clinton Supporter

Holly Fechner is quoted in a Daily Labor Report article regarding Labor Secretary Thomas Perez’s challenging position as both a government employee and Hillary Clinton supporter. According to Fechner, “I know that [Perez will] be very careful and follow the Hatch Act to the letter, but he will want to be very involved with both roles—both seeing through all of ...

Covington Continues Expansion of European Capabilities

BRUSSELS—With the latest addition of Ambassador Péter Balás, Covington has further enhanced its global Antitrust and Competition and Public Policy and Government Affairs practices. The firm’s strategic growth in Europe includes the addition of the following professionals in recent months: Ambassador Péter Balás, the former Deputy Director-General of DG ...

FAA’s Drone Rules Break New Ground

Jack Schenendorf is quoted in a Wall Street Journal article regarding the new FAA rules on commercial drone usage. According to Schenendorf, FAA leaders “are showing a lot more flexibility” than under traditional safety rules. He adds, however, that the FAA now “could be flooded with requests” for waivers, and how it handles them will help determine the agency’s ...

Federal Aviation Administration Finalizes Small Unmanned Aircraft Rule

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.

Former Deputy Director-General of DG Trade Joins Covington

BRUSSELS—Ambassador Péter Balás, the former Deputy Director-General of DG Trade at the European Commission between 2005 and 2014, has joined Covington as a Senior Policy Advisor. Recently Ambassador Balás also held the position of Head of the Support Group for Ukraine at the European Commission. He was previously Ambassador and Permanent Representative of ...

Trump’s tough talk on trade faces legislative hurdles

John Veroneau is quoted in a Financial Times article regarding Donald Trump’s plans to disrupt current trade agreements by imposing punitive tariffs on exports from China and Mexico. According to Veroneau, “There is no standing authority for a [US] president to raise tariffs.” He continues, “Tariffs are revenue measures and Congress has the power of the purse.”

Covington attracts Prime Ministerial material

Timothy Hester, Carl Bildt, and Sebastian Vos are quoted in a CDR News article regarding the arrival of Carl Bildt as a Senior Policy Advisor in the firm’s global Public Policy and Government Affairs practice. According to Vos, “In ever more complex regulatory regimes, the implementation of such regulation will often be very important. In this context, what the ...

Former Prime Minister of Sweden Carl Bildt Joins Covington

BRUSSELS — Carl Bildt, the former Prime Minister of Sweden, has joined Covington as a Senior Policy Advisor in the firm’s global Public Policy and Government Affairs practice. Most recently, Mr. Bildt served as Sweden’s Minister for Foreign Affairs between 2006 and 2014. As Prime Minister of Sweden, Mr. Bildt led the government that negotiated and signed ...

Gabon leader calls for western help to combat terrorist threat

Witney Schneidman is quoted in a Financial Times article looking at the President of Gabon’s warning that western powers need to step up efforts to help west Africa combat terrorism. According to Schneidman, the US response is “missing an overarching strategic approach.”

President Obama Signs Defend Trade Secrets Act Into Law

On Wednesday, May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which creates a federal civil cause of action for trade secret misappropriation. The Senate passed the DTSA on April 4, 2016 by a unanimous vote of 87-0. The Senate bill (S. 1890) was passed by the House of Representatives without amendment on ...

Covington Spearheads Coalition to Support Passage of The Defend Trade Secrets Act

WASHINGTON, DC — Covington represented a cross-industry coalition of companies in assisting in the development of legislative language and persuading Congress to pass the Defend Trade Secrets Act of 2016 (S.1980). The Senate unanimously passed the legislation on April 4 by a vote of 87-0, and the House of Representatives approved the bill with an overwhelming ...

Covington Sends Off First Fellow From Africa

Witney Schneidman is quoted by The National Law Journal in an article discussing Covington’s inaugural LEX Africa fellowship program. Schneidman explains why building strong relationships with lawyers and law firms across the continent is important. He says, “Each client has different needs and interests. Having an exclusive link doesn't make any sense. Having a ...

U.S. Senate Passes Defend Trade Secrets Act

On Monday, April 4, 2016, the U.S. Senate passed the Defend Trade Secrets Act of 2016 (the “DTSA,” S. 1890), as amended, by a unanimous vote of 87-0. S. 1890 was introduced by Senators Orrin Hatch (R-UT) and Chris Coons (D-DE), and supported by 65 cosponsors. Companion legislation in the U.S. House of Representatives (H.R. 3326) has been introduced by ...

Top EPA Toxics Officials Tout Efforts To Implement Pending TSCA Reform

Gary Guzy’s remarks from a panel session at the GlobalChem conference are quoted in this InsideEPA article discussing the EPA’s ability to implement the pending Toxic Substance Control Act reform bill. Guzy pointed to the EPA's development of greenhouse gas standards for existing power plants as an example of the EPA's "incredible machine for making rules."

Obama's $98B Transpo Budget Unlikely To Gain Traction

Jack Schenendorf is quoted in this Law360 article discussing how the Obama administration’s proposed $98.1 billion budget for the U.S. Department of Transportation for fiscal 2017 is unlikely to pick up much momentum. According to Schenendorf, "It's just very surprising that the administration didn't make much of an effort during the surface transportation bill ...

Covington Boosts European Public Affairs Practice with Erika Mann

BRUSSELS — Erika Mann, a former Member of the European Parliament and policymaker with over 20 years of experience, has joined Covington in its Brussels office as a senior European policy advisor in the firm’s global Public Policy and Government Affairs practice. Most recently, Ms. Mann served as Managing Director of Public Policy for Facebook in Brussels from ...

Tagliabue Appointed to Knight Commission on Intercollegiate Athletics

WASHINGTON, DC - Covington’s Paul Tagliabue has been appointed to the Knight Commission on Intercollegiate Athletics. Arne Duncan, former U.S. Secretary of Education, and Anna Spangler Nelson, a member of the University of North Carolina Board of Governors, were also named to the commission. The Knight Commission has played an influential and independent role ...

Leading Financial Services Lawyer Joins Covington

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 ...

CQ Roll Call Survey: Congressional Staff Feel Safe on the Hill

Holly Fechner is quoted in a Roll Call article discussing a recent congressional staff survey measuring how safe people feel at the Capitol in light of the Paris and San Bernardino terrorist attacks. According to Fechner, better security and planning after the 9/11 and anthrax attacks have made the Capitol less open. “People today would find it incredible how ...

Tim Stratford Awarded With 2015 AmCham China Pioneer Award

BEIJING, December 8, 2015 - Tim Stratford, managing partner of Covington’s Beijing office, received the China Pioneer Award from the American Chamber of Commerce in the People’s Republic of China. The AmCham China Pioneer Award honors corporate leaders who made early and significant contributions to economic expansion and the business environment across ...

Freight Wins Big In Highway Bill As Banks Hold The Bag

Jack Schenendorf is quoted in a Law360 article discussing the winners and losers of the Fixing America’s Surface Transportation Act (FAST ACT) Schenendorf said, “Overall, the bill is a significant accomplishment because one of the real problems the program has been going through — over 30 short-term extensions — is there hasn’t been time for states to do any ...

Four Covington Partners Named Law360 MVPs

WASHINGTON, DC, November 25, 2015 - Law360 has named four Covington partners as MVPs in their respective practice areas. The awards single out lawyers from across 31 practice areas based on their success in high-stakes litigation, record-breaking deals, and complex global matters. The Covington lawyers recognized as Law360 MVPs are: Ray Biagini, ...

2016 Candidates’ Big Initiatives Face a Big Barrier: Congress

Former Senator Jon Kyl is quoted by The Wall Street Journal in an article discussing the obstacles each party will have to overcome if their big initiatives, like minimum wage and income tax rates, are brought before Congress. According to Sen. Kyl, the internal Republican party divides about fiscal-policy may change if a Republican President is elected, making ...

EXCLUSIVE: Kyl says Arizona has no water crisis if it acts now

Former Senator Jon Kyl spoke at the opening dinner of the Arizona Town Hall and is extensively quoted in this Phoenix Business Journal piece focused on the Arizona water situation. According to Sen. Kyl, the state is not facing a water crisis currently, but steps need to be taken now. "Conservation is not enough," says Kyl.

The Hill Recognizes Two from Covington’s Public Policy Practice

WASHINGTON, DC, October 30, 2015 - The Hill has named Covington’s Holly Fechner and Bill Wichterman to its annual “Top Lobbyists” list, which recognizes individuals who have “proven to be effective in advocating at the federal level.” Named to the list for the third consecutive year, Ms. Fechner previously served as Policy Director for Senator Edward Kennedy, ...

U.S. Policy Expert Says Zimbabwe Has Great Potential, Should be Part of AGOA

Dr. Witney Schneidman was quoted extensively in a ZimDaily article discussing the extended Africa Growth and Opportunity Act (AGOA) and Zimbabwe’s inclusion. “I have always seen Zimbabwe as a country of great potential. We should look for new ways to communicate and understand each other,” he said, citing the country’s educated population, natural resources and ...

51 countries just released their climate plans — and they’re still not strong enough

Senior of counsel Gary Guzy is quoted in this Washington Post article discussing new climate action plans released by 51 countries. “What is ground breaking is that, for the first time, all of the major emitting nations of the world are committing to a truly international approach to addressing climate change,” said Guzy. “While perhaps not perfect, the scale of ...

Covington Boosts European Public Policy Team with Ambassador Kovanda

BRUSSELS, September 14, 2015 — Ambassador Karel Kovanda has joined Covington’s global public policy and government affairs practice as a Senior European Policy Advisor. He will be based in the firm’s Brussels office. Ambassador Kovanda served as Deputy Director General of External Relations (now the European External Action Service) at the European Commission ...

Shutdown Talk Spreads Concern on K Street

Muftiah McCartin, of counsel and vice-chair of the Public Policy and Government Affairs Practice group, comments on the budget debate and the provisions of a short-term continuing resolution to avoid government shutdown in Roll Call. "I haven't been as confident that we can do a short-term CR. I still think they'll thread the needle. I'm just not so sure how ...

Environmental Policymaking To Watch In Fall 2015

Senior of counsel Gary Guzy shares his optimism regarding bipartisan support for upcoming environmental policymaking in a Law360 article. Guzy remarks, “I think people generally underestimate the possibility of some real bipartisan legislative accomplishments, and there are a number of areas that seem incredibly well-primed for that to happen.”

Former U.S. Attorney General Eric Holder Returns to Covington

WASHINGTON, DC, July 6, 2015 — Former U.S. Attorney General Eric H. Holder, Jr., is returning to Covington as a partner after more than six years of service as the nation’s top law enforcement officer. Mr. Holder will be resident in the firm’s Washington office and focus on complex investigations and litigation matters, including matters that are international ...

Gary Heimberg Joins Covington's Global Public Policy Group

WASHINGTON, DC, June 2, 2015 - Gary Heimberg has joined Covington’s global public policy and government affairs group in the firm’s Washington office. Mr. Heimberg will advise the firm’s pharmaceutical and consumer health care clients on legislative and policy issues facing the pharmaceutical industry, including in the areas of intellectual property, ...

Congressional Staffer Gabe Neville Joins Covington

WASHINGTON, DC, May 4, 2015 — Gabe Neville, a senior congressional staffer with nearly two decades of experience working for Pennsylvania Republican Rep. Joe Pitts, has joined Covington’s global public policy & government affairs practice. Mr. Neville, a non-lawyer, started out as a campaign manager for Rep. Pitts in 1995 and worked his way through the ranks ...

The FAA is completely confused about what constitutes “commercial” drone use

Covington's Brian Smith is quoted regarding commercial drone use: The broad definition of “commercial” in the context of drone flying likely has a lot to do with the confusion as well. “The FAA has traditionally adopted a very broad view of activities that constitute commercial operations,” says lawyer Brian D. Smith of Covington & Burling LLP. “In short, ...

Covington Opens Los Angeles Office

LOS ANGELES, March 6, 2015 — Covington will open a new office in Los Angeles on March 9. The office will be staffed by current firm lawyers and three new senior lawyers and will focus initially on insurance coverage, media and content distribution, patent litigation, public policy/government affairs and white collar defense. "We believe there is a strong base ...

Should all Gitmo detainees “rot in hell”?

Covington's Brian Foster has authored this article on Sen. Lindsey Graham's recent comments on Guantanamo Bay detainees. Mr. Foster represenst several Yemeni nationals currently detained at Guantanamo Bay, Cuba, in habeas corpus litigation before the United States District Court for the District of Columbia, the United States Court of Appeals for the District of ...

U.S.-Cuba Trade Relations

Covington’s John Veroneau moderated a Washington International Trade Association panel discussing U.S. relations with Cuba, following President Obama’s December 2015 announcement that eased some ties between the two countries. Panelists discussed whether a full embargo lift was possible, commercial opportunities, and how the international community responded to ...

New rules target House witnesses

Covington's Rob Kelner is quoted in this article regarding new rules that state that witnesses who testify before House panels will have to disclose whether they have been paid by foreign governments: "The new language requires witnesses to disclose money stemming from a foreign government only if the grant or payment is “related to the subject matter of the ...

House quietly changes ethics rules

Covington's Rob Kelner is quoted in this article on the House of Representatives approving changes to ethics rules: "Robert Kelner, the chair of Covington & Burling’s election and political law practice group, said the rules could give defense attorneys new arguments when clients face allegations of misconduct." “There are a wide range of due process ...

TTIP talks must stay on track

Ambassador Stuart Eizenstat has authored this piece on the transatlantic trade agreement: "We are at an important inflection point in the negotiation of the Transatlantic Trade and Investment Partnership (TTIP) agreement between the United States and the European Union." "TTIP has the prospect of being the most economically important trade agreement in ...

Cowboys tickets prompt questions on gift disclosure rules

Covington partner Rob Kelner is quoted regarding gift disclosure under ethic laws: "For the five years he has held office, Gov. Christie has not declared any gifts on his annual financial disclosure forms." "The governor's office says Christie has complied with an executive order he issued in 2010 requiring disclosure of gifts of a certain value, but it won't ...

Former Lawmakers, Staffers Now Free to Lobby

Senator Jon Kyl is quoted in this article regarding his lobbying ban being lifted: "Kyl, senior of counsel to Covington & Burling in Washington, said he is excited his cooling-off period is done, noting the difficulty he had talking with former colleagues on the Hill." "It's a little troublesome because you can't have a normal relationship with a longtime ...

Obama Keystone Veto Vow Sets Up Battles on Republican Agenda

Senator Jon Kyl spoke to Bloomberg regarding the expected increase in presidential vetoes. 'If Obama begins vetoing bills early in the new congressional session, then “it’s likely to degenerate into a political tug of war,” said Jon Kyl, who was the No. 2 Senate Republican before leaving the chamber in 2013. “Then it’s just a matter of which one is better at ...

Staffing Changes Afoot at the Fed

Covington's Edward Yingling is quoted in this article regarding former community banker Allan Landon being nominated to the Fed’s Board of Governors by President Obama. "The Landon nomination will be subject to Senate confirmation. Edward Yingling, a lawyer with Covington & Burling and former CEO of the American Bankers Association, gave Mr. Landon “excellent” ...

Five top Blank Rome GR lobbyists hang a shingle - Fierce Isakowitz reorgnaizes - Kyl gears up to lobby

Senator Jon Kyl spoke with POLITICO on his lobbying ban being lifted and the GOP takeover of the Senate: "In an interview with PI, Kyl said he will be most useful to the firm’s clients in areas such as tax reform, health care, immigration and national security, including cybersecurity. In the aftermath of the Sony hack, Kyl cited a bipartisan cybersecurity bill ...

Another Big Year For ITC: Top 12 Section 337 Highlights

Covington's Shara Aranoff authored this article on the top ITC cases for the year: "This has been another eventful year for litigation before the U.S. International Trade Commission under Section 337 of the Tariff Act of 1930. While the ITC refined the domestic industry standard in cases involving nonpracticing entities, newly introduced legislation might ...

NTSB Ruling Strengthens FAA's Authority Over Drones

Covington's Brian Smith has authored this piece on the Federal Aviation Administration's regulations on drones. "Individuals who operate drones are subject to Federal Aviation Administrationregulations that prohibit careless and reckless operation of an aircraft, the National Transportation Safety Board ruled on Nov. 18, 2014, in the closely watched case Huerta ...

Many Hope Trade Secrets Legislation Moves in Lame-Duck Session; Critics, Skeptical of Bills’ Effectiveness, Ask: ‘Why Here, Why Now?’

Covington partner Kurt Calia is quoted regarding legislation to create a federal private right of action for misappropriation of trade secrets: ‘‘Trade secrets have the notorious distinction of being the only form of intellectual property with no federal remedy,’’ Kurt G. Calia of Covington & Burling LLP, Redwood Shores, Calif., told Bloomberg BNA. ‘‘That just ...

US-China Deal Ups Ante For EPA In Battle Over GHG Rules

Covington's Gary Guzy is quoted on the agreement between the U.S. and China to reduce their greenhouse gas emissions: "Gary Guzy, senior of counsel at Covington & Burling LLP and former deputy director and general counsel of Obama’s Council on Environmental Quality, said the agreement was "enormously significant." "There has been significant difficulty in ...

Attorney general nominee Lynch called ‘the soul of grace under pressure’

Covington's Lanny Breuer is quoted regarding President Obama nominating Loretta E. Lynch "Former Assistant Attorney General of the Criminal Division Lanny Breuer worked closely with Lynch on the 2011 Mafia takedown of more than 120 members — the largest of its kind in U.S. history — and the record $1.9 billion settlement with HSBC, the global bank that ...

Election 2014: A new level of collaboration between candidates and big-money allies

Covington partner Rob Kelner is quoted in this article regarding campaign finance: "“If you are a believer in Citizens United, as I am, you actually should advocate clear rules on coordination,” said Robert Kelner, an election law attorney at Covington & Burling who advises corporations, super PACs and wealthy donors on both sides of the aisle. “If there’s no ...

Obama Soaks the Rich, Drowns the Middle Class

Senator Jon Kyl authored this article on the effect that tax hikes have on the middle class: Most workers’ pay has not kept up with inflation for at least six years. Even as hiring picked up over the past year, wages and salaries have inched up by 2%, barely ahead of inflation. This probably explains why half of Americans say the recession never ended. They are ...

The Tool Boehner Used To Manage Congressional Dysfunction

Covington partner Holly Fechner authored this piece on U.S. House of Representatives Speaker John Boehner’s strategic use of the Hastert Rule: "U.S. House of Representatives Speaker John Boehner’s strategic use of an informal political and procedural tool — the Hastert Rule — allowed him successfully to navigate a treacherous political path of managing his ...

The Missing Link in President Obama’s Africa Leaders Summit: Addressing the African, EU, US Conundrum

Covington's Witney Schneidman authored this piece on US-Africa relations and the Africa Leaders Summit, held in Washington in early August: "The transition in US-Africa relations began with the passage of the African Growth and Opportunity Act (AGOA) in 2000. AGOA, which reduced US tariffs to zero on 6,400 products for 40 countries in Sub-Saharan Africa, was ...

Start To Think About Entering China's Health Care Market

Tim Stratford authored this article on China’s tightly regulated health care sector: "The Chinese government has announced the launch of a pilot scheme allowing for the establishment of wholly foreign-owned hospitals (“WFOHs”) through greenfield investment or mergers and acquisitions in three centrally governed municipalities (Beijing, Tianjin and Shanghai), ...

Strategies for navigating joint antitrust division and criminal division investigations

Thomas Barnett, Lanny Breuer, Deborah Garza, Mythili Raman and Phillip Warren have written this article on what potential subjects should keep in mind as they attempt to navigate joint investigations by DOJ’s Criminal and Antitrust Divisions: "In recent years, the US Department of Justice’s antitrust and criminal divisions have announced massive, joint ...

Covington’s Shara Aranoff Named an “Influential Woman in IP Law”

WASHINGTON, DC, October 3, 2014 — Law360 named Covington & Burling’s Shara Aranoff an “Influential Woman in IP law.” The inaugural series recognizes “women who have made significant strides in the male-dominated field of intellectual property law.” Law360 highlighted Ms. Aranoff’s accomplishments as Commissioner and Chairman of the International Trade ...

Wealthy political donors seize on new latitude to give to unlimited candidates

Covington partner Rob Kelner spoke to The Washington Post on political mega-donors since the McCutcheon v. Federal Election Commission ruling. "Even though the additional millions flowing to candidates and parties “is real money, in the grand scheme of our campaign finance system, it’s background noise,” said Robert Kelner, a Washington campaign finance ...

Four more months – measured sanctions relief for Iran

Peter Flanagan and David Lorello have co-authored this piece on US and EU sanctions targeting Iran: "On 19 July 2014, the United States, the United Kingdom, Germany, France, Russia, and China (the “P5+1”) and Iran mutually consented to extend the Joint Plan of Action (JPOA), reached by the parties on 24 November 2013, for an additional four-month period, to 24 ...

GOP looks to shake loose more Wall Street cash

Covington partner Rob Kelner is quoted regarding campaign spending limits and a Securities and Exchange Commission rule that limits contributions from Wall Street financiers to governors and other state officials running for federal office: "Campaign finance lawyers said they had always expected someone to challenge the SEC’s rule in court, but it was difficult ...

How to Compete with China in Africa | Commentary

Witney Schneidman writes on how extending the African Growth and Opportunity Act will enable the U.S. to maintain a competitive edge against China in the African market in this op-ed for Roll Call: "In the competition for African opportunities, job creation is the U.S. strategic advantage. We are not going to finance infrastructure the same way that China does, ...

Obama praises U.S.-Africa summit as an ‘extraordinary event’

Witney Schneidman is quoted regarding the African Summit that took place this week in Washington, D.C.: "Witney Schneidman, who served as deputy assistant secretary of State for African affairs and is now a senior international adviser for the law firm Covington & Burling, said the fact that so many leaders came to the event shows it was ...

The shadow of China: An ‘800-pound gorilla’ lurks over the effort to improve ties between the US and Africa

Witney Schneidman is quoted regarding expanded U.S. foreign policy in Africa and the U.S.- Africa Business Forum: "Witney W. Schneidman, senior international adviser for Africa at Covington & Burling LLP, said some of the main issues that could come up include the reauthorization of the African Growth and Opportunity Act (AGOA), which is set to expire next ...

With Africa’s private sector on the rise, U.S. businesses seek to expand their presence

Covington's senior international advisor for Africa, Witney Schneidman, is quoted regarding business growth in Africa and the African Summit taking place in Washington D.C. this week: “It’s a bit of an outdated perception to think of Africa as a continent of value for natural resources because now it’s of value for human resources,” said Witney Schneidman, a ...

How To Protect Your Co. From Russian Retaliatory Measures

Marney Cheek, Jonathan Gimblett and David Pinsky have authored this article on Russia's threats to retaliate against U.S. and European companies in response to new sanctions imposed by the United States and the European Union: "Russian lawmakers’ recent threats to retaliate against U.S. and European companies in response to new sanctions imposed by the United ...

Trade Facilitation Flop May Spell Doom For Loftier WTO Talks

John Veroneau is quoted in this article regarding the news that WTO members have failed to convince a group of developing countries led by India to budge from their demands that enactment of a trade facilitation agreement over agricultural subsidies run in parallel with efforts to shield their domestic food security programs from legal challenges: “The fact ...

Obama Seeks Closer Africa Ties as China Is First Choice

Covington's Witney Schneidman is quoted in this article in advance of his testimony before the House Subcommittee on Trade in support of extending the African Growth and Opportunity Act. "Part of the challenge involves reorienting Africa as a continent of opportunity,” said Witney Schneidman, senior international adviser for Africa at Covington & Burling LLP, a ...

Chinese group wins Cfius legal case

Covington's Mark Plotkin is quoted regarding a court ruling allowing a Chinese-owned company to obtain evidence on why its bid for wind farms was rejected. “In a broad way, it does call into question the invulnerability of judicial review,” said Mark Plotkin, a partner at law firm Covington & Burling. “It shows that Congress can never legislate away the ...

How a Civil War-era law could cost government contractors millions

Covington partner Susan Cassidy is quoted regarding a recent court decision by the Fourth Circuit that is set to change how much contractors who mislead the government face in potential penalties. "That potential windfall acts as a strong incentive for people to file suits on behalf of the government, said Susan Cassidy, a partner at law firm Covington & ...

US China Investment Pact Talks May Spur Market Reform

Al Larson is quoted regarding the U.S.-China Bilateral investment pact. "Laying down a starting point for the exchange of market access offers on investment between two of the globe's largest economies sends a strong message to investors that have been dissatisfied with the lack of access in China ever since the country acceded to the World Trade Organization ...

Fireworks Videos Highlight FAA’s Evolving Drone Policy

Covington's Brian Smith writes on drones and the FAA for Law360. "Dramatic videos of drones flying in Fourth of July fireworks displays have attracted the attention of the Federal Aviation Administration and highlighted the regulatory vacuum on drones. They have also renewed attention on the agency’s recent efforts to update its regulations and bring them in ...

Covington, DLA Piper, Wolff & Samson: Lateral Moves Roundup

International public policy professional Sebastian Vos is joining Covington & Burling LLP to lead the European division of the firm’s global public policy and government affairs practice in Brussels. Vos, who works for Fipra International, will focus on competition and technology-related public policy issues and continue his public policy work involving emerging ...

Covington adds Vos

"The law firm Covington & Burling has brought on European public policy expert Sebastian Vos as a partner in the firm’s Brussels office. In his new role, he’ll lead the European division of the firm’s global public policy and government affairs practice. He’ll lead a team that includes former Ambassador Jean De Ruyt. “It’s a firm that has a very good reputation ...

Why A U.S.- China Bilateral Investment Treaty Matters

Covington's Marney Cheek has authored a blog post for Investment Policy Central regarding the U.S. - China Bilateral Investment treaty. "A U.S.-China bilateral investment treaty (BIT) will serve as the cornerstone for the bilateral economic relationship between these two economic powerhouses for years to come. It puts in place important rules that protect U.S. ...

Drone lobby takes flight on K Street

Covington's Jack Schenendorf is quoted regarding drone regulations, “It’s so widespread because it almost has a science-fiction element to it,” said Jack Schenendorf, a former Capitol Hill staffer who worked to prime the Bush administration’s incoming Transportation Department in 2001. “We’re creating a regulatory scheme where there really isn’t one today,” said ...

DOJ's Quiet Concession

Covington's Steve Fagell is quoted regarding federal law that states it is a crime to "knowingly and willfully" give false statements in any matter under federal jurisdiction. The Justice Department has announced that to make the case that a defendant acted willfully, the government must prove that he or she knew the statement was unlawful. "Steven Fagell of ...

Lead Report: Cybersecurity Plan Confusing, Should be Revamped, Attorneys Say

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. ...

US Business Group Calls on China to Ease Rules to Raise Confidence

Covington partner Tim Stratford is quoted regarding visa requirements and press freedom in China. The article states: "An apparent broadening of restrictions on the media also has the group worried. Journalist visas are becoming more difficult to get, it said, adding that a lack of information about issues such as financial data raises suspicions in the West ...

Warren Pushes Regulators to Get Tougher on Banks

Covington partner Edward Yingling is quoted in regards to Sen. Elizabeth Warren pushing top regulators, in public and in private, to get tougher on the nation's largest banks. The article states, "Industry representatives say her criticism of financial institutions has given regulators a green light to turn up the heat on banks. 'I think what really happened was ...

Pressures Over Sale to Russian Firm Crimean Crisis Is Seen as Potentially Weighing on Morgan Stanley's Planned Oil Deal With Rosneft

Covington partner Mark Plotkin is quoted regarding the proposal from Russia's biggest oil producer, OAO Rosneft, which is state-controlled, to purchase Morgan Stanley's oil-trading unit, which needs U.S. government approval by the Committee on Foreign Investment: "If it's turned down, it could look like they're bending to political will. I think it's a bad case ...

Power Surge for Donors as Terrain Is Reshaped on Campaign Money

Covington partner Rob Kelner is quoted regarding the Supreme Court ruling on McCutcheon v. Federal Election Commission. The article states, “The Supreme Court ruling will dramatically increase the importance of major donors in federal elections,' said Robert K. Kelner, a Republican election lawyer."

The Devil and the Art Dealer

Stuart Eizenstat, co-chair of Covington’s international trade and finance practice and special adviser to Secretary of State John Kerry on Holocaust issues, is mentioned in this article regarding the 650,000 works of art looted from Europe by the Nazis during World War II, "Stuart Eizenstat, Secretary of State John Kerry’s special adviser on Holocaust issues, ...

Former White House CEQ official Guzy discusses future of air regulations

Gary Guzy, former deputy director and general counsel of the White House Council on Environmental Quality and current senior of counsel at Covington, gives his take on the current state of play on regulation, and the possibility for litigation resulting from the EPA's new source performance standards.

US Has Options Beyond Sanctions In Ukraine Response

Covington partner Marney Cheek is quoted regarding potential economic sanctions targeting Russians and Ukrainians responsible for the unrest in Ukraine: “My sense is that the administration is waiting to see the outcome of any referendum regarding the status of Crimea...Sanctions are an appropriate response in the short term. But an ultimate goal, at least after ...

Senior White House Environmental Lawyer Gary Guzy Joins Covington

WASHINGTON, DC, December 09, 2013 — Covington & Burling is pleased to announce that Gary Guzy, most recently deputy director and general counsel of the White House Council on Environmental Quality, and a former general counsel of the Environmental Protection Agency, is joining the firm’s environmental, clean energy, public policy, and government affairs ...

Covington’s Public Policy and Government Affairs Practice Ranked First in “Best of Legal Times”

WASHINGTON, DC, November 26, 2013 —Legal Times ranked Covington & Burling’s Public Policy and Government Affairs Practice as the "Best Government Affairs/Lobbying Group" in the 2013 edition of its "Best of Legal Times" survey, which polls members of the legal profession to identify the top-three service providers in a variety of fields. “It is a great honor ...

Covington’s Schenendorf Testifies Before Senate Committee

WASHINGTON, DC, September 25, 2013 — Jack Schenendorf, of counsel at Covington & Burling, testified today before the U.S. Senate Environment and Public Works Committee on the need to invest in the country’s infrastructure and preserve federal transportation funding. In his testimony, Mr. Schenendorf explained that in recent decades the United States has ...

DOJ Criminal Division Head Lanny A. Breuer Returns to Covington As Vice Chair

WASHINGTON, DC, March 28, 2013 — Lanny A. Breuer, most recently the Assistant Attorney General for the Criminal Division at the U.S. Department of Justice, is returning to Covington & Burling as Vice Chair of the firm. Mr. Breuer’s practice will encompass a wide range of civil and criminal litigation matters, as well as governmental and internal investigations. ...

Congressional Leader Howard Berman Joins Covington

WASHINGTON, DC, March 14, 2013 — Congressman Howard Berman, a widely respected leader in the U.S. Congress, is joining Covington & Burling’s global public policy and government affairs practice. The addition of Rep. Berman, the former chairman of the House Foreign Affairs Committee, comes a week after Sen. Jon Kyl joined Covington’s public policy and government ...

Senator Jon Kyl Joins Covington

WASHINGTON, DC, March 6, 2013 — Senator Jon Kyl, who recently left Congress as the second-highest ranking Republican in the U.S. Senate, is joining Covington & Burling’s global public policy and government affairs practice. “Senator Kyl’s deep knowledge and extraordinary legislative skills from his years as a senior leader in Congress make him ideally suited to ...

National Law Journal Names Covington to Pro Bono Hot List

WASHINGTON, DC, January 8, 2013 — The National Law Journal has named Covington & Burling to its Pro Bono Hot List. The annual list recognizes firms that demonstrate a strong commitment to public service. The NLJ profile of Covington featured the pro bono efforts of Martin Gold, Elizabeth Bell, and Erica Lai, who worked with the Chinese-American community in ...

U.S. News-Best Lawyers Again Ranks Covington Among Nation's Top Law Firms

WASHINGTON, DC, November 7, 2012 — Covington & Burling received 97 first-tier practice rankings in the 2013 “Best Law Firms” survey by U.S. News-Best Lawyers, placing Covington among the top 10 firms nationwide. Covington was also named “Law Firm of the Year” in both FDA Law and Corporate Compliance Law. The honor is presented to one law firm in each of the ...

Covington Promotes 15 Lawyers to Partnership

WASHINGTON, DC, October 1, 2012 — Covington & Burling is pleased to announce that it has elected 15 new lawyers to its partnership. This group is comprised of diverse and talented individuals from five offices who have made their mark at the firm through exceptional work and the highest standards of client service. “We’re delighted to welcome these 15 lawyers to ...

Covington Launches Africa Practice with Witney Schneidman

WASHINGTON, DC, September 10, 2012 — Witney Schneidman, a former senior State Department official with more than 30 years of experience in Africa, is joining Covington & Burling, strengthening the firm’s ability to advise corporate clients on entering and expanding their presence in the African market. Dr. Schneidman joins the firm’s Washington office as a ...

Covington Receives 196 Individual Mentions in 2013 Edition of Best Lawyers

WASHINGTON, DC, August 27, 2012 — Covington & Burling LLP lawyers received 196 individual mentions in 57 areas of law in the 2013 edition of The Best Lawyers in America. This annual compilation of top U.S. lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as ...

Covington’s Peets Named ‘Best in Copyright’

LONDON, 27 June, 2012 — For the second straight year, Euromoney Legal Media Group named Covington & Burling partner Lisa Peets “Best in Copyright” during its Europe Women in Business Law Awards. Ms. Peets, whose practice encompasses legislative advocacy, trade and intellectual property enforcement, heads Covington’s European intellectual property group, and ...

Covington Helps Secure Passage of Historic Resolution Expressing Regret Over Chinese Exclusion

WASHINGTON, DC, June 19, 2012 — The U.S. House of Representatives approved a measure last night that expresses regret for a series of laws that discriminated against Chinese immigrants during the late 19th and early 20th centuries. Covington & Burling played a crucial role in advocating approval of the measure and a similar bill that cleared the Senate last ...

Chambers USA Recognizes 106 Lawyers and 46 Practices at Covington

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 ...

Covington Boosts Cross-Atlantic Government Affairs with Jean De Ruyt

BRUSSELS, 17 January, 2012 — Covington & Burling LLP is pleased to announce that Jean De Ruyt has joined the firm’s government affairs group as a senior European policy advisor in Brussels. Ambassador Jean De Ruyt is among the most experienced diplomats in Europe. Most recently, he served as the Permanent Representative of Belgium to the European Union and was ...

U.S. News-Best Lawyers Awards Covington ‘Law Firm of the Year’ in FDA Law and 82 First-Tier Practice Rankings

WASHINGTON, DC, November 1, 2011 — For the second consecutive year, U.S. News-Best Lawyers awarded Covington & Burling the most first-tier practice rankings for Washington, DC in the “Best Law Firms” survey. The 2011-12 survey also awarded the firm 82 first-tier practice rankings, placing Covington among the top 20 firms nationwide. Additionally, U.S. ...

Covington Helps Secure Historic Senate Resolution on Chinese Exclusion

WASHINGTON, DC, October 11, 2011 — Covington & Burling recently assisted the Chinese-American community to secure a historic victory in the Senate concerning Chinese immigrants who endured decades of discrimination under federal law. On October 6, the Senate passed by unanimous consent Senate Resolution 201, which expresses regret for a series of legislative ...

Covington Names Brian D. Smith Of Counsel

WASHINGTON, DC, October 3, 2011 — Covington & Burling LLP is pleased to announce the promotion of Brian Smith to of counsel effective October 1, 2011. Mr. Smith provides strategic and legal advice on matters that involve interactions with the U.S. government. His practice focuses on the development and execution of government relations initiatives that build ...

Covington Receives 184 Individual Mentions in 2012 Edition of Best Lawyers

WASHINGTON, DC, September 7, 2011 — Covington & Burling LLP lawyers received 184 individual mentions in 56 areas of law in the 2012 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: ...

Chambers USA Recognizes Covington with 123 Individual, 45 Practice Nods

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 ...

Covington Advises on Implementation of Federal Women’s Procurement Program

WASHINGTON, DC, October 11, 2010 — The Small Business Administration (SBA) published in the Federal Register on October 7 the final rule for the Women’s Federal Procurement Program, a set-aside program for women-owned small businesses. The milestone capped a ten year effort that spanned three presidential administrations and three branches of government. ...

Covington Receives First-Tier Practice Nods in Inaugural “Best Law Firms” Rankings by U.S. News and Best Lawyers

WASHINGTON, DC, September 17, 2010 — Covington & Burling LLP received 33 first-tier practice rankings in the 2010 “Best Law Firms” survey by U.S. News Media Group and Best Lawyers. Covington’s first-tier national rankings place it among the top 10 firms nationwide and at the top of the first-tier rankings for Washington, DC. The inaugural rankings presented in ...

Covington Receives 138 Individual Mentions in 2011 Edition of Best Lawyers

WASHINGTON, DC, August 6, 2010 — Covington & Burling LLP received 138 individual mentions in 40 areas of law in the 2011 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...

Chambers USA Recognizes Covington with 112 Individual, 44 Practice Nods

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 ...

Covington Adds Capitol Hill Veteran McCartin to Government Affairs Group

WASHINGTON, DC, June 7, 2010 — Covington & Burling LLP is pleased to announce that Muftiah McCartin has joined the firm’s government affairs practice as special counsel. She will be resident in the firm’s Washington office. Ms. McCartin’s distinguished public service career spans 34 years on Capitol Hill. Most recently, she served as staff director of the House ...

Covington Announces Three New Of Counsel

<?xml:namespace prefix="o"?><o:p>WASHINGTON, DC, April 30, 2010 — Covington & Burling LLP is pleased to announce the promotion of three lawyers to of counsel.</o:p> <o:p>The new of counsels are as follows:</o:p> <o:p>Natalie Derzko (Washington) practices in the areas of intellectual property, strategic counseling, due diligence, patent prosecution, patent ...

Covington Advises CVG in Merger with Integral Systems

WASHINGTON, DC, March 15, 2010 — CVG, Incorporated (“CVG”) has announced its merger with Integral Systems, Inc. in a deal valued at $34.675 million. Covington & Burling LLP advised CVG on the transaction. CVG and its subsidiary, Avtec systems, Inc., based in Chantilly, Virginia, provide secure satellite-based communication solutions to government and commercial ...

Assistant U.S. Trade Representative for China Affairs Stratford Joins Covington

WASHINGTON, DC, February 22, 2010 — Covington & Burling LLP is pleased to announce that Timothy P. Stratford, who most recently served as Assistant U.S. Trade Representative (USTR) for China Affairs, has joined the firm as a partner. He will be resident in the firm’s Beijing office and will practice in the International Trade and Finance group. Mr. Stratford’s ...

Communications and Energy Policy Expert Waldron Returns to Covington

WASHINGTON, DC, February 3, 2010 — Covington & Burling LLP is pleased to announce that Gerard Waldron has rejoined the firm’s Washington office as a partner after serving as Staff Director and Chief Counsel of the House Select Committee on Energy Independence and Global Warming. In this role, Mr. Waldron has been deeply involved in all major energy and ...

Covington Receives 131 Individual Mentions in 2010 Edition of Best Lawyers

WASHINGTON, DC, August 7, 2009 — Covington & Burling LLP received 131 individual mentions in 38 areas of law in the 2010 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...

Covington Advises Snow Phipps on Acquisition of ITSolutions

NEW YORK, NY, July 16, 2009 — Snow Phipps Group, LLC, a private equity firm, announced on July 7 that it had completed the acquisition of ITS Holding Company (ITSolutions), a leading information technology services provider to US government civilian, national security, and intelligence agencies, along with Mr. Stefan Lalos, co-founder and CEO of ITSolutions. ...

Chambers USA Recognizes Covington With 100 Individual, 40 Practice Nods

WASHINGTON, DC, June 12, 2009 — Covington & Burling LLP received 100 individual mentions and 40 practice mentions in Chambers USA 2009. 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 ...

Wichterman Returns to Covington’s Government Affairs Group

WASHINGTON, DC, February 10, 2009 — Covington & Burling LLP is pleased to announce that Bill Wichterman has rejoined the firm’s Government Affairs group as Senior Legislative Advisor. He will be resident in Covington’s Washington office. Mr. Wichterman, a non-lawyer, is returning to the firm from the Bush Administration, where he served as Special Assistant to ...

Covington Receives 124 Individual Mentions in 2009 Edition of Best Lawyers

WASHINGTON, DC, September 29, 2008 — Covington & Burling LLP received 124 individual mentions in 40 areas of law in the 2009 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...

Covington’s Martin Gold Unveils Updated Book on Senate Procedures

WASHINGTON, DC, August 6, 2008 — The second edition of Senate Procedure and Practice has been published. Martin Gold updates the first edition published in September 2004 by Rowman & Littlefield Publishers, Inc. Senate Procedure and Practice is a practical, real-world explanation of the legislative process in the U.S. Senate. Filled with fascinating stories ...

Chambers USA Gives Covington 81 Individual, 45 Practice Nods

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 ...

National Transportation Commission Unveils Report Calling for a “New Beginning”

WASHINGTON, DC, January 15, 2008 — The National Surface Transportation Policy and Revenue Study Commission today released the results of its nearly two-year study, which calls for a “new beginning” to reform the nation’s transportation programs into a world-class system. During a press conference held at the National Press Club, the bipartisan national ...

Covington Adds Leading Asia Practitioner

WASHINGTON, DC, September 10, 2007 — Covington & Burling LLP is strengthening its growing international practice with the addition of Ellen R. Eliasoph, a senior lawyer with more than 25 years of experience in China and Japan. Ms. Eliasoph will be resident in Covington’s Washington office as senior of counsel, where she will help US and European clients navigate ...

Covington Receives 115 Individual Mentions in 2008 Edition of Best Lawyers

WASHINGTON, DC, September 6, 2007 — Covington & Burling LLP received 115 individual mentions in 38 areas of law in the 2008 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The recipients are as follows: Administrative: E. Edward Bruce and ...

Covington Receives 44 Practice, 74 Individual Mentions in 2007 Chambers USA Guide

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 ...

Senior Public Affairs Adviser Holly Fechner Joins Covington

WASHINGTON, DC, April 10, 2007 — Covington & Burling LLP announced today that Holly Fechner has joined the firm as Of Counsel. Ms. Fechner will be resident in the firm’s Washington office.Ms. Fechner most recently served as Policy Director for Senator Edward M. Kennedy. She also served as Chief Labor & Pensions Counsel to the Senate Health, Education, Labor & ...

Covington's Jack Schenendorf Elected Vice-Chairman of National Surface Transportation Policy and Revenue Study Commission

WASHINGTON, D.C., July 12, 2006 - Covington & Burling LLP's Jack Schenendorf was elected Vice-Chairman of the National Surface Transportation Policy and Revenue Study Commission. The Commission was created under Section 1909 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users (SAFETEA-LU). It is comprised of 12 members ...

Chambers USA Recognizes 50 Covington Lawyers in 27 Fields

WASHINGTON, DC, June 5, 2006 - Fifty Covington & Burling lawyers practicing in 27 fields and in each of the firm's US offices were recognized as "leaders in their field" in this year's edition of Chambers USA - America's Leading Business Lawyers. The 2006 edition of Chambers USA, which was released June 2, 2006, attempts to identify the most skilled legal ...

Covington & Burling Announces Ten New Partners

WASHINGTON, D.C., October 3, 2005 - Covington & Burling announced the election of ten new partners, effective October 1. Stuart Stock, chair of the firm's management committee, commented: "These exceptional lawyers reflect the strength, excellence and diversity of the firm, and the continuing growth of our practices across the firm." Covington's newest partners ...

Covington & Burling and Democracy, Data & Communications Announce Alliance

Washington, D.C., June 28, 2005 - Covington & Burling and Democracy, Data & Communications, L.L.C. (DDC) today announced an alliance to provide integrated support services for political action committees. The firms will offer joint, high-level strategic counsel for responding to challenges associated with PAC compliance and fundraising. Both Covington and DDC ...

Covington Helps Australia Secure Unprecedented Visa Legislation

WASHINGTON, D.C., June 27, 2005 - Covington & Burling represented the Commonwealth of Australia in its successful effort to obtain unprecedented access for Australian professionals to the U.S. labor market. On May 11, 2005, President Bush signed into law a new immigration provision that will enable 10,500 Australian professionals each year to live and work ...

Covington & Burling Announces Eight New Partners

October 3, 2002 - WASHINGTON, D.C. - Covington & Burling announced that eight attorneys have been elected to the partnership, effective October 1, 2002. New partners in Covington's Litigation Practice include Georgia Kazakis and Edward H. Rippey. Michael S. Labson is a new partner in the firm's Food and Drug and Life Sciences Practices. Erin M. Egan and Jennifer ...

Covington & Burling Obtains Victory for Defendant Corporation in Alien Tort Claims Act Lawsuit

August 1, 2002 - WASHINGTON, D.C. - On July 16, 2002, Senior Judge Charles S. Haight, Jr. of the United States District Court for the Southern District of New York dismissed the Alien Tort Claims Act (ATCA) lawsuit filed by Peruvian plaintiffs against Southern Peru Copper Corporation (SPCC). Covington & Burling partners Peter J. Nickles and Thomas L. Cubbage III ...

U.S. District Court Rules Medical Marijuana Initiative Should Proceed

March 28, 2002 - Washington, D.C.- In a historic ruling issued today, federal judge Emmet G. Sullivan overturned a federal law that prohibited District of Columbia residents from proposing, running, and voting on a ballot initiative to legalize marijuana for medical purposes. The decision resolved a First Amendment lawsuit against the federal government and the ...

Covington & Burling's Winning Streak (12-0) at the Supreme Court Continues with Decision in Mobil Oil Exploration and Producing Southeast Inc. v. United States: With Three Victories This Term, Covington & Burling's Win Streak Reaches Twelve

June 29, 2000 — Washington, DC — Earlier this week, the Supreme Court ruled in favor of Covington client Mobil Oil in Mobil Oil Exploration & Producing Southeast, Inc. v. United States. In addition to this win, Covington earned two other Supreme Court victories this term in Harris Trust & Savings Bank v. Salomon, Brothers, Inc. and Food & Drug Administration ...

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Top Senate Armed Services Committee Counsel Joins Covington

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Jon Kyl Returns to Covington

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Enactment of Trade Secrets Legislation

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Microsoft public policy and government affairs

Strategic advice to multinational corporations facing global market challenges

Legislation granting visa access for New Zealand nationals

Legislative advocacy for wind energy company

Legal environment evaluation project

Blockchain Public Policy Counsel

Legislative Victory in a 2016 FDA Nutrition Facts Panel Rule

Agricultural manufacturer global relationship building

Advocating On Behalf of Clients Before Congress

Global assistance to international corporations on government procurement

Pharmaceutical manufacturer

Pharmaceutical public policy and government affairs

Policy advice in South Africa

Administrative Relief of Clean Air Act Penalties

Advocacy Assistance on International Environmental Treaties

Advocacy support for a major Defense Department procurement

Amending the Dodd-Frank Act

Amendment on housing legislation

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

Bespoke Policy Development

Biopharmaceutical Legislation Representation

Broadcasters on Range of Legislative Issues

Broadcasters, Washington Post, and NFL on Broadband Matters

BSA in Major Domestic and International Copyright Law Reform Efforts

Congressional action on organic product marking

Congressional testimony advice for cable programming company

Comments on EPA’s Proposed 111(d) Rule

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

Copyright reform advice for consumer electronics companies in the EU

Developing a corporate responsibility program

Enforcing arbitration awards

Engaging U.S. officials to advocate for clients before multilateral organizations

Ensuring fair international procurements for private companies

EU competition policy advice

EU Environmental Reform Advice

EU legislative advice for software companies

EU telecom coalition advice

EU trade retaliation avoidance

European product liability legislation

Fax Business Coalition Advocating FCC to Amend Rules

FDCA Amendments Legislation

FSMA Advocacy

Global Warming Class Action

Government of Puerto Rico

Health IT, LDT Regulatory Advocacy

Navigating U.S. sanctions programs for multinational corporations

Second Largest Airline in South Korea in U.S. Government Investigation of 2014 Accident

Union Pacific Railroad in Antitrust, Legislative, and Regulatory Matters

Coalition of Internet Leaders on Enactment of Net Neutrality Legislation

Multiple Clients on Legislative and Regulatory Policy and Litigation Issues

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

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

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

Verizon in Dispute with RIAA

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

FTC Investigation Involving Microsoft's Passport Internet Authentication Service

General representation of financial institutions

Medical device company legislative support

Medicare Part D coverage for pharma product

Medical student placement litigation

Mitigating the impact of the Ebola crisis on operations in Africa

Navigating regulatory challenges for international investments

Nigerian IP policy

Obtained U.S. Government National Security Approval for Semiconductor Clients

Policy advice to COMPETE coalition

Policy advice to renewable energy coalition

Policy advice to the Executive Affairs Authority of Abu Dhabi

Top Senate Armed Services
Committee Counsel Joins Covington

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

Leading Public Policy Lawyer
Broderick Johnson Joins Covington

The Hill Recognizes Covington's
Public Policy Practice