Commercial Savvy

Our client, a major Middle East regional airline, issued an RFP for information technology services and a global ticket distribution arrangement. The Covington team, coordinated between our London and New York offices, deployed locally to manage the entire process—from receiving bids to negotiating the final contract valued at over one billion dollars.

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.

Complex Procurement

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

Maximizing the value of intellectual property

Our client, a major energy company, sought to maximize the value of its intellectual property while limiting its own liability in the treacherous waters of international patent disputes. Combining U.S. and EU regulatory expertise with a multi-jurisdictional strategy, our senior advisors and lawyers designed a corporate structure that would create and generate long term value with minimal risk to the parent entity.

Legal environment evaluation project

Advising the Mohammed Bin Rashid Al Maktoum Foundation and the John D. Gerhart Center for Philanthropy and Civic Engagement at the American University in Cairo to undertake a legal environment evaluation project for philanthropy in the Arab World.

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.

Aabar's investment in Virgin Galactic

Represented Virgin Galactic in Aabar Investments PJSC’s investment in the company.

Check Point Software Technologies acquisitions

Represented Check Point Software Technologies in the company’s acquisitions of NFR Security, Inc., the security appliance business of Nokia, Liquid Machines, Inc., and PointSec Mobile Technologies.

American Express’s divestiture of its global travel business

Representation of American Express in the divestiture of its global travel business to form a joint venture with Certares LP, which was the largest foreign investment ever in a travel management company and included Middle Eastern government-owned investors.

American Airlines Passenger Service System Contracts

Represented American Airlines in information technology services agreements with Amadeus, Sabre, HP, and ITA Software.

American Airlines in Technology Services Agreements

Represented American Airlines in a software development and outsourced technology services agreement with HP for a next generation reservation, inventory, and availability system.

CFIUS counsel to AudioCodes in various acquisitions

Represented AudioCodes in its acquisitions of Netrake Corp and Nuera Communications.

U.S. Sanctions Application Advice

Advised major international oil and gas companies concerning the application of U.S. sanctions against Iran, Syria, and other U.S.-sanctioned countries to their businesses.

SEC Investigation Regarding Middle East Activities

A major oil company in a SEC investigation into activities in a Middle Eastern nation.

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.

Representation of Amoco before the Iran-U.S. Claims Tribunal

Representation of Amoco (now BP America) against the Islamic Republic of Iran before the Iran-U.S. Claims Tribunal. We obtained an award of over US$850 million, one of the largest awards ever rendered by that tribunal and one of the largest arbitration awards ever fully paid by a respondent state.

Acquisition of IBM's semiconductor manufacturing business

Represented GLOBALFOUNDRIES in its acquisition of IBM’s semiconductor manufacturing business. The transaction was significant because IBM’s semiconductor business was the original member—and IBM remains the most significant participant— in the U.S. government’s Trusted Foundry Program.

ICC arbitration regarding field services agreement

Representation of a European oil and gas major in an ICC arbitration under English law arising out of a field services agreement relating to operations in the Middle East.

Hotel and resort development

Advising Giorgio Armani S.p.A. on its collaboration with a listed Dubai property company for the development of a worldwide chain of Armani hotels and resorts.

Acquisition of Cubic Advanced Technical Systems

Represented Rafael Advanced Defense Systems in its acquisition of the remaining membership interests in Cubic Advanced Technical Systems.

Abu Dhabi National Energy Company's energy investments

Represented Abu Dhabi National Energy Company (TAQA) in its acquisitions of a 50 percent interest in a wind farm from EDF and of a tolling arrangement in the electric power industry.

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.

Mubadala Development Company investments

Represent Mubadala Development Company and its portfolio companies, such as the semiconductor company GLOBALFOUNDRIES, on CFIUS and related advice in connection with potential acquisitions in the United States, including the company’s investment in Advanced Micro Devices.

International benefit plans

Developed an international benefits plan for employees in Dubai, the U.S., and the UK.

Reviewed on Behalf of U.S. Interests Defamation and Free Expression Laws Proposed for Iraq

Reviewed on behalf of U.S. interests defamation and free expression laws proposed for Iraq by a coalition of international experts.

Iran retaliatory sanctions

Have helped companies understand U.S. retaliatory sanctions directed at Iran (through the Iran Sanctions Act as recently amended by the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, or CISADA) and counterpart EU measures.

UBS Commodities Index Services Agreement with Bloomberg

Represented UBS in the negotiation of a new long-term services agreement with Bloomberg for the calculation and administration of commodities indices.

Libya and Syria sanctions advice

Advised companies regarding U.S. and EU sanctions on the Qaddafi regime in Libya and the Assad regime in Syria, including obtaining licenses to permit certain ongoing business activities in Libya.

DOJ investigation of Middle East business practices

Representing a high-profile media entity in a U.S. Department of Justice investigation of business practices in the Middle East.

Economic Cities Authority of the Kingdom of Saudi Arabia project

Representing the Economic Cities Authority of the Kingdom of Saudi Arabia in the development of legal and regulatory infrastructure for the Kingdom’s Economic Cities project.

DAE acquisition of Landmark and Standard Aero

Represented the Carlyle Group in various matters, including the sale of Landmark and Standard Aero to Dubai Aerospace International.

International procurement capacity building

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

Multi-Faceted Global Distribution Arrangement in the Middle East

Represented Etihad Airways, the national carrier of the United Arab Emirates, on a multi-faceted technology and distribution deal with Sabre valued at over a $1 billion.

Oil and gas company Iran sanctions

Extensive advice to U.S. and non-U.S. oil and gas companies on the scope and application of sanctions and retaliatory measures targeting Iran, including advice on pending U.S. enforcement matters.

OCP SA in Commercial, Strategy, and Prospective Investments

Advising OCP S.A. in all aspects of its commercial and strategy and its prospective investments in North Africa, Latin America, Europe, U.S. and Turkey by means of joint ventures, equity and mergers and acquisitions.

Iran Sanctions Investigation for Pharmaceutical Company

Conducted an Iran sanctions investigation for a major pharmaceutical company.

Iran and Sudan Sanctions Advice

Secured export licenses enabling leading pharmaceutical companies to sell millions of dollars’ worth of medical products to Iran and Sudan, and permitting consumer products companies to export agricultural commodities to those countries.

Iran sanctions advice for a financial services provider

Represented a multinational financial services provider in strategic matters relating to potential Court of Justice of the European Union (CJEU) litigation pursuant to the EU sanctions against Iran.

Leading semiconductor transactions

Represented Mubadala Development Company and Advanced Technology Investment Company in joint venture with Advanced Micro Devices to form GLOBALFOUNDRIES, and represented GLOBALFOUNDRIES in its acquisition of IBM’s semiconductor manufacturing business.

FastenTech’s sale to Doncasters Group

Represented FastenTech in its sale to Doncasters Group, a subsidiary of Dubai International Capital.

Middle East University Project

Advised the developer of a new university in the Middle East.

Petrochemical Project in Saudi Arabia

Advised the lenders to a petrochemical complex in the industrial city of Jubail, Saudi Arabia.

International Water Project Component Financing

Mueller Water Products, Inc. in the financial arrangements relating to the export of water pipes to an agency of the Bahraini government for use in infrastructure projects.

Qatari LNG Project

Advised the lenders on one of the Qatari LNG expansion trains.

Middle East LNG Liquefaction Plant

Advised the project company during the structuring stages of an LNG liquefaction plant in the Middle East.

Middle East Independent Water and Power Project

Advised the lenders on a 308MW and 23 MIGD IWPP in the Middle East.

Multi-billion Dollar Qatari LNG Financing

Advised Qatari sponsors where a multi-billion program debt financing for more than 20 LNG carriers was procured.

Post-acquisition Compliance Review for Pharmaceutical Company

Conducted a post-acquisition trade compliance review for a global pharmaceutical company that included a voluntary disclosure to the U.S. Commerce Department. We also provided related Iran sanctions advice.

Rafael Advanced Defense Systems’ matters

Represented Rafael Advanced Defense Systems on various matters, including in its acquisition of the remaining membership interests in Cubic Advanced Technical Systems.

SABIC’s acquisition of GE Plastics business

We represented both companies in SABIC’s acquisition of the GE Plastics business.

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

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

CFIUS counsel to Check Point Software Technologies

Represented Check Point Software Technologies in the company’s acquisitions of NFR Security, Inc., security appliance business of Nokia, Liquid Machines, Inc., and PointSec Mobile Technologies.

Carlyle Group Acquisitions

Represented the Carlyle Group in various matters, including its acquisition of Veritas Technologies (with a co-investment by Government of Singapore Investment Corporation) and the sale of Landmark and Standard Aero to Dubai Aerospace International.

Elbit Systems Acquisitions

Represented Elbit Systems in its acquisitions of Tadiran Communications (including Talla-Com and Tallahassee Technologies), Innovative Concepts, Universal Avionics, and M7 Aerospace (among others).