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James Garland
James M. Garland
Partner
Washington +1 202 662 5337 jgarland@cov.com Download V-card

James Garland’s practice focuses on government investigations and enforcement matters, complex commercial litigation, and cybersecurity. He is a member of Covington’s Management Committee and previously served as co-chair of the firm’s White Collar and Investigations Practice Group.

Mr. Garland represents both corporate and individual clients in large-scale, multi-party criminal investigations and related regulatory enforcement actions. He has successfully handled matters involving allegations of espionage, terrorism-financing, export control violations, foreign bribery, false claims, public corruption, obstruction of justice, government contract fraud, mail and wire fraud, securities and commodities fraud, price-fixing, and insider trading. He regularly advises clients in connection with investigations and disputes involving electronic surveillance, national security, and law enforcement access to digital evidence.

Government Investigations and Enforcement Actions

  • Representation of financial institution executive in federal securities fraud investigation.
  • Representation of leading apparel company in federal corruption investigation.
  • Representation of a leading U.S. financial institution in a federal mortgage fraud investigation.
  • Representation of a global transportation and logistics company in connection with federal investigations into government contract compliance and related suspension and debarment proceedings.
  • Representation of a global agricultural company in connection with alleged violations of U.S. terrorism-financing laws.
  • Representation of a former executive of a global financial institution in a federal wire fraud investigation into the alleged manipulation of LIBOR.
  • Representation of an individual in connection with a federal investigation into the accidental crash-landing of drone on the White House lawn.
  • Representation of a former U.S. intelligence officer in connection with a federal investigation into the alleged misappropriation of government property.
  • Representation of an individual health care provider in connection with a federal public corruption investigation.

Litigation and Compliance Matters

  • Representation of Microsoft Corporation in a successful constitutional challenge to the federal statute that allows courts to forbid technology companies from informing their customers about government demands for private emails and documents. See Microsoft Corp. v. U.S. Department of Justice, 2:16-cv-538-JLR (W.D. Wash.). The lawsuit resulted in nationwide reform of the government's practices under the statute.
  • Representation of Microsoft Corporation in litigation challenging a U.S. search warrant seeking customer emails stored in Ireland. See In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation, No. 14-2985-cv (2d Cir. July 14, 2016).
  • Representation of Microsoft in Foreign Intelligence Surveillance Court litigation challenging restrictions on tech company disclosures about government surveillance. See In re Motion to Disclose Aggregate Data Regarding FISA Orders, Misc. No. 13-04 (FISA Ct. 2014).
  • Representation of Microsoft in a constitutional challenge to a “national security letter” issued by the FBI, resulting in the withdrawal of the letter. In re National Security Letter, 13-cv-01048 (W.D. Wash. 2014).
  • Representation of leading technology companies in litigation and related compliance matters arising out of highly publicized unauthorized disclosures of classified U.S. intelligence information.
  • Representation of the National Football League in connection with labor and antitrust disputes arising out of the expiration of the NFL Collective Bargaining Agreement. See Brady v. NFL, 644 F.3d 661 (8th Cir. 2011).
  • Representation of a leading technology company in connection with potential litigation arising out of a CFIUS dispute.
  • Representation of a leading technology companies and non-profit organizations in connection with efforts to prevent the sexual exploitation of children on the Internet.
  • Representation of a global financial institution in federal securities fraud litigation arising out of the default of more than $2 billion in asset-back securities.
  • Representation of the NFL in contract litigation concerning cable carriage of the NFL Network.
  • Representation of the NFL in a suit brought by the Oakland Raiders alleging tortious interference with the Raiders’ efforts to construct a new stadium in Los Angeles. See Oakland Raiders v. National Football League, 41 Cal. 4th 624 (2007) (reinstating NFL jury verdict).
  • Representation of the NFL in federal antitrust actions challenging the League’s franchise relocation and expansion rules. See Hamilton County Board of Commissioners v. National Football League, 491 F.3d 310 (6th Cir. 2007) (affirming summary judgment for NFL); Warnock v. National Football League, 2005 U.S. App. LEXIS 24167 (3d Cir. Oct. 21, 2005) (affirming dismissal for NFL).
  • Representation of the NFL in a federal antitrust action challenging the League’s college draft eligibility rules. See Clarett v. National Football League, 369 F.3d 124 (2d Cir. 2004) (reversing and ordering summary judgment for NFL).
  • Trial and appellate defense of Northrop Grumman Corporation in a trade secrets and breach-of-contract action.

Pro Bono

  • Representation of a leading civil rights organization in connection with criminal justice policy initiatives and related litigation.
  • Representation of a leading women’s rights organization in connection with efforts to combat violent extremism against women’s health care providers.
  • Representation of capital defendants in post-conviction review proceedings in West Virginia and Alabama.
  • Representation of a public health advocacy organization in First Amendment challenge to a federal appropriations bill.

Memberships and Affiliations

  • Edward Bennett Williams Inn of Court, Barrister
  • Southern Center for Human Rights, Board of Directors

Previous Experience

  • U.S. Department of Justice, Deputy Chief of Staff and Counselor to the Attorney General (2009-2010)
  • Price Waterhouse LLC, Management Consultant (1995-1997)
  • Legal 500 US, Cyber Law (2015-2017); White-Collar Criminal Defense (2011, 2013); and Antitrust (2011)
  • Washington DC Super Lawyers, Criminal Defense: White Collar (2014-2018)
  • Washington DC Super Lawyers, Criminal Defense: White Collar “Rising Star” (2013)
  • Benchmark: Expert Guide to America’s Leading Litigation Firms and Attorneys, Future Star Washington, DC (2013-2018)
  • Client Choice, White Collar Crime (2018)