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Represented major U.S. and European financial institutions in advisory and enforcement matters before the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) on the impact of U.S. asset-blocking measures.
Represented a Fortune 500 company in a €400 million pan-European account receivable securitization funded through a commercial paper conduit.
Asesoramiento a OCP S.A. en todos los aspectos de sus inversiones comerciales y estrategias y sus posibles inversiones en el norte de África, América Latina, Europa, Estados Unidos y Turquía por medio de empresas conjuntas, capital y fusiones y adquisiciones.
Managing a privacy audit of a U.S.-based multinational in the oil and gas industry in preparation for its BCR approval with the Dutch data protection authority as the lead authority, including reviewing and providing advice on the BCRs and the implementation strategy and assisting this client in the preparation and roll-out of various compliance tools in the framework of the BCRs.
Prepared extensive privacy training materials and participated in training sessions for employees of European subsidiaries of a U.S.-based company.
Represented Prysmian S.p.A. in its acquisition of Draka Holdings.
Represented Pepco Holdings, Inc. and its subsidiaries as corporate and securities counsel for over 25 years, including representation in over $6.6 billion of securities offerings since 2002.
Representing the leading carriers of a major container shipping alliance as they expand, deepen and widen their global cooperation.
Managing and acting as the liaison for a group of U.S. based multinationals that have put BCRs in place and exchange their BCR experience.
Advised Imperial Innovations and SROne on a £25 million Series C funding round in portfolio company PsiOxus Therapeutics which is developing innovative oncolytic immuno-oncology treatments for cancer.
In 2014 and 2015 to date, we have represented issuers or underwriters in 22 initial public offerings, including IPOs for UniQure, Horizon Discovery Group, Bankwell Financial Group, Bellicum Pharmaceuticals, Kite Pharma, Indivior plc and Automobile Association.
Represented the Microwave Materials Group and Emerson & Cuming Microwave Products in their sale to Laird Holdings.
Representation of Microsoft Corp. in its purchase of substantially all of Nokia’s devices & services business and licensing of Nokia’s patents. Covington advised on IP, commercial and regulatory matters on the transaction.
Advising numerous companies on Binding Corporate Rules (BCRs), including Processor Rules. We help develop the BCR corpus and manage the entire approval process before the lead data protection authorities in several EU Member States including Belgium, Germany, Luxembourg and the UK.
Represented Lombard Medical in its $55 million initial public offering on Nasdaq and re-domiciliation.
Represented Microsoft in the $4.5 billion winning bid in the auction of Nortel Networks Corporation’s 6000 patents and patent applications.
Represented Microsoft in the $1.1 billion acquisition of 800 patents from AOL, and its $550 million sale to Facebook of the right to acquire a portion of the AOL portfolio.
Represented Microsoft, as IP, commercial, and regulatory counsel, in its $7 billion purchase of substantially all of Nokia’s devices & services business.
Represented a major global pharmaceutical company on negotiating arrangements with multiple suppliers for the development and operation of a complex state-of-the-art telehealth IT system.
For a U.K.-based company in the aerospace sector, we drafted a Technology Control Plan taking into account the applicable EU, Member State, and U.S. trade controls.
Represented The Hut Group Limited on an equity fundraising.
Represented Nuclear Safety Associates in its acquisition by WS Atkins.
Advised a leading information technology company and represented them before the U.S. and EU governments in the WTO debate on e-commerce.
Represented a major U.S. textile manufacturer and its European parent company in connection with a proposed Section 592 penalty in excess of $500,000, arising from various alleged classification and valuation errors.
Represent Fortune 100 companies in the consumer goods, health insurance, and technology industries with respect to sensitive, ongoing securities disclosure, and compliance matters.
Represented a major global biopharmaceutical company on information governance requirements of the UK’s National Health Service with respect to the use and transmission of patient information collected using internet-enabled compliance monitoring tools.
Representamos a UBS en la negociación de un nuevo acuerdo de servicios a largo plazo con Bloomberg para el cálculo y administración de índices de productos básicos.
Represented Electricité de France in antidumping and countervailing duty proceedings related to low enriched uranium.
Represented Rightster Group plc. in the listing of its shares to the AIM market of the London Stock Exchange.
Represented Rolls-Royce in the acquisition of R.O.V. Technologies, Inc. by Rolls-Royce’s technical services subsidiary, R. Brooks Associates.
Reviewing and amending BCRs for a Swiss-based pharmaceutical company with the French data protection authority acting as the lead authority.
Representing Merck in one of the first “test” cases involving interoperability between BCRs and APEC’s Cross-border Privacy Rules (CBPR). The case will establish a precedent for cross-border transfers of personal data for both the EU and Asia-Pacific Region.
Represented Statoil in its acquisition of Brigham Exploration.
Advised Sanofi-Genzyme Bioventures in a Series C round for Immune Design Corp., a company developing innovative technologies to strengthen patient-specific immune responses to potentially fight cancer and other chronic diseases.
Assisted financial services client in investigation of potential sanctions compliance issues in UK affiliate; represented client before UK Financial Conduct Authority (the matter was ultimately resolved with the authorities taking no enforcement action).
Represent numerous Fortune 500 companies in the pharmaceuticals, consumer goods, health insurance, home equipment, advertising, motor vehicles, network communications, and technology industries with respect to the resolution of shareholder proposals concerning executive compensation, majority voting, proxy access, the right to call special meetings, political spending and lobbying disclosures, and a host of other topics.
Represented AstraZeneca in its $4.3 billion acquisition of its diabetes collaboration from Bristol Myers Squibb.
Represented AstraZeneca on its up to $2.1 billion transfer of rights to Almirall’s respiratory franchise for an initial consideration of $875 million on completion, and up to $1.22 billion in development, launch, and sales-related milestones.
Represented Cenkos Securities plc as sole coordinator and bookrunner in the £1.385 billion initial public offering by Automobile Association on the London Main Market.
Representamos a American Airlines en un acuerdo de desarrollo de software y servicios de tecnología tercerizados con HP para un sistema de reservas, inventario y disponibilidad de última generación.
Representation of European telecommunications company Altice S.A. (Euronext ATC) in a $9.1 billion deal to acquire a controlling stake in Suddenlink, a top ten cable operator in the U.S.
Representamos a American Airlines en acuerdos de servicios de tecnología con Amadeus, Sabre, HP e ITA Software.
Represented Bristol-Myers Squibb in its €1.15 billion registered public offering of investment grade debt securities, and a cash “waterfall” tender offer for $500 million aggregate principal amount of certain of its outstanding debt securities.
Assisting a multinational manufacturer of machinery in the developing of BCRs.
Assisting a multinational manufacturer of heavy equipment in the adoption of BCRs.
Represented BAE Systems, Inc. in its acquisitions of Armor Holdings, MTC Technologies, Advanced Ceramics Research, Atlantic Marine, OASYS Technology, and Intelligence Service Business of L-1 Identity Solutions (among others).
Assisting a multinational manufacturer of products for the aerospace and building industries in developing BCRs.
Assisting GSK plc in its adoption of Binding Corporate Rules (BCRs) in order to permit the company to transfer personal data globally. We helped develop GSK’s privacy compliance program, obtain the UK data protection authority’s approval and continue assisting GSK during the subsequent implementation.
Assisting a global e-commerce company in preparing and filing BCRs with the Luxembourg data protection authority.
Secured CFIUS approval for Dassault Systèmes in its acquisition of Accelrys, whose customers included the U.S. Department of Defense and the leading U.S. nuclear laboratories, in a transaction valued at approximately $750 million.
Represented Deutsche Börse in its proposed $9.5 billion acquisition of the New York Stock Exchange. The transaction was subsequently terminated on EU antitrust grounds.
Represented Schneider Electric on the CFIUS review and approval of its $5.6 billion acquisition of Invensys plc.
Represented Giorgio Armani in its acquisition of the retail and wholesale business from long-term retail partner Club 21.
Represented both Publicis and Sapient in securing approval from CFIUS for Publicis’ acquisition of Sapient for $3.7 billion.
Represented Indivior plc in its $1.6 billion demerger transaction from Reckitt Benckiser Group plc and listing on the LSE.
Advising a multinational chemicals company on international data transfers.
Represented boards in the pharmaceuticals, consumer goods, health insurance, home equipment, advertising, motor vehicles, network communications, and technology industries as well as hedge funds, public pension funds, and other investors with respect to corporate governance developments regarding board and committee composition, crisis management, cybersecurity, internal controls, shareholder proposals, proxy access, political spending, and other sensitive disclosures and similar matters.
Helping numerous companies self-certify under the Safe Harbor framework.
Represented Northrop in the sale of its Viper Strike business to MBDA.
Represented the Carlyle Group and PAI Partners in the acquisition of the Custom Sensors & Technologies business from Schneider Electric.
Represented Consort Medical plc on its £230 million acquisition, of Aesica Holdco Limited and its operating subsidiaries from Silverfleet Capital and management shareholders.
Represented British Telecommunications plc in its acquisitions of Infonet Services Corp., Comsat International, Counterpane, and Wire One Communications (among others).
Advised a major pharmaceutical client on the collection and use of its employees’ biometric information and social security numbers for internal purposes.
Conducted a pan-European and selective U.S. survey of laws and regulations affecting an employer’s right to monitor employee’s Internet use and review electronic communications. We have also advised numerous clients on the law governing call recording and access to (and disclosure of) employee e-mail, including in connection with several personal crises and actions.
Advised a client in its international efforts to remove discriminatory regulatory barriers threatening to keep its product from the market in South Africa, the EU, India, and elsewhere.
Advice on European geo-location data issues for major international service provider.
Represented The Goodyear Tire & Rubber Company in a $620 million refinancing of a revolving credit facility for its European businesses.
Conducted a detailed review of the human resources operations of a large pharmaceutical company to assess compliance with data protection and privacy laws and regulations in both the U.S. and EU, in anticipation of possible certification under the U.S.-EU Safe Harbor regime. Our extensive written report described potential compliance issues and recommended specific remedial actions.
On behalf of one of the world’s leading consumer electronics and technology companies, we completed a comprehensive global privacy audit under the laws of the United States, the European Union, and China, including an assessment of the data
collection, use, and sharing practices of numerous business units (including HR data), cross-border data transfers, and adopting a going-forward privacy governance and risk-management approach and corresponding policies and procedures.
Conducted an investigation for a major international financial institution with regard to possible breaches of UK and EU financial sanctions and wire transfer regulations by the client’s UK branch.
Devised and coordinated anti-piracy strategies throughout Europe (including Russia and markets in Eastern Europe) to enforce the IPRs of leading software providers.
Regulatory and advocacy advice to a biofuels company on legislative developments relating to the EU Renewable Energies Directive in the European Parliament and Council.
Provided strategic advice and advocacy support to the Business Software Alliance on the EU Copyright Directive, proposed Software Patents Directive and IP Enforcement Directive, and more broadly assisted in efforts to promote the protection of IP in the EU and third countries.
Managing worldwide patent portfolio of Alkermes plc relating to sustained-release pharmaceutical formulations in products such as VIVITROL®, RISPERDAL® CONSTA®, and BYDUREON®. We obtained pivotal patents in Canada, Europe, Japan, and the United States covering the BYDUREON product, a sustained-release formulation indicated for the treatment of Type 2 diabetes.
Managing a large worldwide portfolio of patents and patent applications relating to wood preservation technology, as well as advising on post-grant opposition proceedings in Europe and New Zealand.
Secured over $2 billion in compensation and interest against the Republic of Venezuela in favor of subsidiaries of client ExxonMobil. This widely-publicized victory was one of the largest awards ever obtained against a sovereign state.
Representation of Altice N.V. in its $18 billion acquisition of Cablevision Systems Corporation, which will make Altice the 4th largest U.S. cable operator with approximately 4.5 million customers.
Assisted with employment and variable compensation aspects of the hire of a European CEO for a FTSE-listed company.
Representación de una compañía minera estadounidense en un arbitraje de la CCI contra una compañía holandesa por motivo de un litigio contractual relacionado con inversiones en Perú.
A French E&P company in an ICC arbitration with a Swedish independent arising out of the alleged breach of first refusal rights under a JOA.
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.
Representación de una importante compañía de petróleo y gas europea en un arbitraje pendiente del CIADI con una importante compañía petrolera de Brasil en relación con contratos de transporte de crudo en la región andina.
Un independiente de petróleo y gas de Francia en un arbitraje CIADI contra un estado latinoamericano, en una disputa que surgió de presuntas violaciones de un tratado bilateral de inversiones y varios acuerdos de producción compartida.
Advising Microsoft on a broad range of privacy and data security issues impacting its services in Europe and at a global level.
Advised pharmaceutical companies in the United States and Europe on data privacy issues, including questions relating to genetic testing programs and the development of genomics databases, the sourcing and handling of human tissue and biological samples for research purposes, patient outreach, and marketing activities.
On behalf of one of the world’s leading consumer electronics and technology companies, we completed a comprehensive global privacy audit under the laws of the United States, the European Union, and China, including an assessment of the data collection, use, and sharing practices of numerous business units (including HR data), cross-border data transfers, and adopting a going-forward privacy governance and risk-management approach and corresponding policies and procedures.
Designed a compact worldwide privacy compliance program for a U.S. multinational company.
Advising a large social network on compliance with U.S., EU and international data privacy laws in relation to its launch of new services and functionality, including geotargeting, facial recognition and targeted advertising.
Serving as global privacy and data security counsel to a global e-commerce business, including advising on financial services privacy and information security-related aspects of certain mobile payments and mobile wallet services and international data transfers
Illumina in a strategic alliance with Genomics England for a four-year project to decode 100,000 human genomes.
Advising numerous clients on the possible implications of the proposed General Data Protection Regulation.
Drafted and implemented a global code of conduct and policies for Harley-Davidson addressing privacy, harassment, discrimination, the use of electronic communications and anti-corruption.
Advising companies based in the U.S., UK, and other parts of Europe on cross-border tax and employment aspects of senior executive assignments in Europe and China.
AstraZeneca in an FTC investigation and private antitrust class action litigation concerning settlements of Hatch-Waxman patent litigation involving Nexium.
We have advised the largest and most sophisticated banks, consumer reporting agencies, and financial services companies on the collection, use and disclosure of nonpublic personal information under GLBA, that California Financial Information Privacy Act, and similar laws, including the development and implementation of privacy notices.
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.
Representation of Merck in ad hoc London arbitrations against various insurers that produced a disclosed recovery of approximately US$590 million, plus US$45 million in fees and interest, for prescription drug liabilities — reportedly one of the largest commercial awards in Europe in recent years.
Persuaded the U.S. Securities and Exchange Commission not to pursue enforcement action against a leading manufacturing company following an 18-month investigation of business practices in Europe and Asia.
Representación de las filiales de ExxonMobil en un arbitraje pendiente del CIADI contra Venezuela en procura de obtener una indemnización total conforme al tratado bilateral de inversiones de Holanda-Venezuela y el derecho internacional por la expropiación de inversiones en Venezuela. Obtuvimos 900 millones de dólares para ExxonMobil en un arbitraje comercial paralelo descrito anteriormente.
Advised a New York-headquartered investment bank on an international assignment from the UK to China.
Developed an international benefits plan for employees in Dubai, the U.S., and the UK.
Inquam Limited in its acquisition of Telemobil S.A., the Romanian wireless telecommunications operator, and on Telemobil’s subsequent vendor financing facility with Lucent Technologies.
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.
Drafted new defamation laws for Bosnia.
Represented executives of various airlines in investigations in the air cargo and passenger industries in several jurisdictions.
Represent several Japanese and European manufacturers of automotive parts in investigations of alleged anticompetitive activity.
Structured a senior executive’s cross-border tax and employment arrangements for a U.S./UK clean tech company.
Advising a major petrochemical company regarding its establishment of an integrated compliance program, with particular focus on the areas of U.S. and European trade controls, anti-corruption, and data privacy. Our representation includes assistance with establishing a corporate compliance office, assessing risks in these areas, drafting the necessary policies and procedures tailored to company risks and operations, and implementing the program through training and assessment.
Defended claims threatened against a technology company in the US and the UK, involving alleged SOX whistleblower protections and unlawful detriment claims.
Representación de una importante compañía de petróleo y gas en Europa en relación con un litigio con un independiente latinoamericano sobre un acuerdo de operación conjunta relativo al desarrollo de un yacimiento de gas natural en Bolivia.
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.
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.
Representation of a Lithuanian petrochemicals company as co-counsel in an ad hoc insurance arbitration against various UK underwriters arising out of property damage and business interruption claims exceeding US$150 million.
Advising on copyright matters relating to rights to an extensive photographic archive and on wrongful publication of photographs in Europe.
We have advised leading consumer electronics companies in the in EU in proceedings to consider possible reform of national rules on copyright levies.
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.
Assisted pharmaceutical companies in developing global comprehensive privacy policies aligned with federal (HIPAA, Food & Drug Administration, and National Institutes of Health) regulations, state and European law, and best practices.
Representation of New Skies in an ICC arbitration awarding relief of more than US$150 million to our client for a defective communications satellite.
Advised a NYSE-listed corporation in relation to a Singaporean/UK expatriate dismissal.
Advised Consort Medical plc on employment and benefits issues arising from its £230 million acquisition of Aesica Holdco Ltd.
Advised a Japanese technology client on the international employment, pensions and incentives aspects arising on the formation of a joint venture with operations in the US, Asia and Europe.
Advised Giorgio Armani S.p.A. on employment and benefits aspects of the acquisition of its retail and wholesale UK business from Club 21.
Provided international employment law advice to AstraZeneca in relation to its acquisition of Bristol-Myers Squibb’s interests in the companies’ global diabetes alliance across 40 jurisdictions.
Drayson Racing Technologies, a leading developer of electric racing vehicles, in connection with the formation of Drayson Wireless, a new entity created in collaboration with Imperial Innovations to commercialize wireless energy technology developed at Imperial College, London.
Worked directly with, and appeared before national and regional privacy authorities, such as the European Commission, the EU Article 29 Working Party, and the Council of Europe, both to address emerging policy issues in the data privacy field, such as data retention, radio frequency identification (RFID), Big Data, facial recognition, security breach legislation and biometrics, and to defend individual clients.
Represent an ad hoc consortium of U.S. and European pharmaceutical and medical device companies concerned about data privacy issues in Europe, including the Eastern European Member States such as Hungary, Poland, and the Czech Republic.
We have significant experience advising clients on all aspects of their European commercialization networks, including the design and operation of exclusive and selective distribution systems, pricing/rebates, sales and rental channels, supply chain management, customer loyalty programs, dealer financing, central warehousing, consumer warranties, dealer termination, etc.
Co-ordinated U.S., Dutch and German tax, employment, immigration and benefits advice in relation to a U.S. listing of a Dutch company and relocation of senior managers.
We have served as secretariat to several informal coalitions working on telecommunications issues and intellectual property protection.
We have designed and executed campaigns on behalf of U.S. producers seeking to avoid EU trade retaliation measures.
We have worked with coalitions of consumer product manufacturers on product liability and product safety legislation in the EU, France, Finland, Germany, The Netherlands, Spain, Sweden, Switzerland, and the United Kingdom.
We represent a major European carrier in the European Commission’s container liner shipping investigation into alleged collusion/abuse of dominance.
Represented Microsoft in connection with Cisco’s appeal against the European Commission’s decision to approve Microsoft’s acquisition of Skype.
Provide regulatory due diligence advice to an investment fund regarding the EU and UK rules on biofuels in connection with a potential acquisition of a biomass manufacturer.
We have assisted on the government affairs aspects of various EU competition law issues, including individual cases, proceedings to adopt Article 82 guidelines and sector and cartel investigations.
Representation of Microsoft, Expedia, and Trip Advisor in the U.S. and Europe in connection with investigations regarding Google’s abusive search-related conduct.
We have represented software companies on EU and national legislation concerning software standards, copyright infringement, electronic commerce, data protection, and other issues.
We assisted an environmental services company seeking to reform various aspects of the EU’s Emissions Trading System.
Provide legal advice to several large electronic manufacturers on the requirements of the EU Directives on waste electrical and electronic equipment, and restrictions on the use of hazardous substances in electrical and electronic equipment and their national implementation.
A major international energy company in relation to the EU emissions trading system and allocation of emissions allowances.
Conducted a pan-European and selective US survey of laws and regulations affecting an employer’s right to monitor employee’s Internet use and review electronic communications. We have also advised numerous clients on the law governing call recording and access to (and disclosure of) employee e-mail, including in connection with several personal crises and actions.
Advising numerous companies on data subjects’ right of access and right to be forgotten.
Represented a global electronics manufacturer concerning all aspects of the European investigation into alleged collusion in TFT-LCD (1&2).
Represented a global electronics manufacturer in the European investigation into alleged collusion in DRAM.
Provided regulatory and strategic advice to Johnson & Johnson on possible EU REACH restrictions and prior authorization requirements on the use of borates in eye care products.
Assisted a satellite provider in establishing a European services satellite trade association. Subsequent representation of the association enabled us to combine our knowledge of law relating to EU trade associations with our experience in EU legislative advocacy in the telecom industry.
Provide regulatory and legislative advice regarding biofuel plants to an investment fund in connection with the European Union’s review of its Renewable Energies Directive and the adoption of sustainability criteria for biofuels.
Representation of Microsoft in connection with its complaint regarding the anticompetitive patent licensing practices of Motorola Mobility.
We advised chemical producers and downstream users on emerging rules with respect to the registration, testing, and classification of chemicals (REACH).
Qualcomm in acquisitions and investments including its joint venture with Omnia, a subsidiary of Saudi Oger, to create a UK-based company to deploy CDMA-based technology; its acquisition of UK-based Elata (Holdings) Limited, which provides content delivery and device management software systems; and its acquisition of Trigenix Limited, a European mobile content delivery software producer.
Assistance to companies on nanotechnology regulation under the EU chemicals regime (REACH).
Representation of a major manufacturer of semiconductor equipment in providing regulatory advice on applicable pan-European WEEE and RoHS requirements.
Represent European Chemicals Agency (ECHA) in eight cases before the General Court of the European Union (EU) concerning the status and size of registrants under the EU REACH regulation on chemicals.
Representation of Samsung concerning all aspects of the European investigation into alleged collusion in DRAM.
Representation of Newmont Mining in related ICSID and Stockholm Chamber arbitrations against Uzbekistan concerning termination of rights to exploit mineral resources.
Regulatory and strategic advice to a large manufacturer of electronic equipment on EU procedures for adoption of energy efficiency requirements on sound and imaging equipment under the ErP Directive.
Salix Pharmaceuticals in its licensing agreement with Alfa Wasserman S.p.A., by which Salix has licensed rights in the United States and Canada to an extended intestinal release (EIR) formulation of rifaximin.
Advised on news gathering issues in relation to an undercover documentary being filmed in Europe and Africa.
Filed amicus briefs on behalf of The ERISA Industry Committee in a variety of other groundbreaking cases, including Black & Decker v. Nord, 538 U.S. 822 (2003); Lockheed Corp. v. Spink, 517 U.S. 882 (1996); Patterson v. Shumate, 504 U.S. 753 (1992); Hecker v. Deere & Co., 556 F.3d 575 (7th Cir. 2009); Langbecker v. Electronic Data Sys. Corp., 476 F.3d 299 (5th Cir. 2007); and Montesano v. Xerox Corp., 256 F. 3d 86 (2d Cir. 2001).
Representation of GlaxoSmithKline in global settlement of three investigations relating to off-label promotion, safety reporting and price reporting.
Represented the NHL on domestic and cross-border tax, corporate, and intellectual property issues related to the creation of the NHL Network, and, separately, to the NHL’s increasing business activity outside North America.
Assisted Microsoft with the integration of approximately 32,000 Nokia employees across 60 countries, following Microsoft’s acquisition of Nokia’s devices and services business.
Advised Microsoft in relation to expatriate issues arising from post-acquisition integration with Nokia’s global mobile phone business.
Represented Mohamed Bin Hammam, former president of the Asian Football Confederation, in his successful challenge before the Court of Arbitration for Sport to his FIFA-ordered lifetime ban from football (soccer) for alleged vote-buying in FIFA’s presidential election.
Representation of a European gas utility company in a large ICC arbitration valued over US$2 billion against a North African state-owned oil company relating to a complex contract price revision dispute.
Bribery-related investigations and related counseling for a multinational company with operations in Europe and Asia.
Advising a major multinational aerospace company regarding the application of European export controls to its operations at multiple sites across 10 countries.
Conducted privacy “health checks” for clients to assess their compliance with privacy and data security laws, particularly those in the 28 Member States of the European Community; where appropriate, we have designed remediation programs that include, for example, filing notifications to local privacy regulators, fulfilling obligations to furnish notice, and ensuring compliance with local data security regulations.
Represent Amyris, Inc. regarding antitrust and competition law, EU chemicals regulations (including “REACH”) and other European distribution arrangements and other areas where we have specialized expertise.
Advocacy assistance on issues related to the United Nations Framework Convention on Climate Change and the Kyoto Protocol, and lobbying on behalf of clients with respect to climate change legislation in the United States, in various states of the United States and in the European Union.
Representation of Allergy Therapeutics plc, the AIM-listed specialty pharmaceutical company, in its acquisition of Alerpharma, S.A. a Spanish-based allergy immunotherapy company which previously spun out from Spanish biopharmaceutical company, Zeltia S.A. Covington also advised Allergy Therapeutics on its recent £20.8 million placing of ordinary shares with institutional investors. The proceeds of the placing are being used to progress the clinical development of the company’s lead product, Pollinex Quattro Grass, through to FDA approval and planned launch in the United States in 2019.
Assessed proposed communications laws in countries in Central and Eastern Europe and the former Soviet Union.
Advised Giorgio Armani Group on the acquisition of its retail and wholesale business from long-term retail partner Club 21. The transaction involved the acquisition of a significant premium real estate portfolio.
Advised a leading global fund-of-funds sponsor in connection with its acquisition of large portfolios of private equity interests in Europe and the United States.
Advising Abbott Laboratories in relation to all privacy aspects of its global de-merger, involving the division of the company into a research-based business, AbbVie.
Representation of a client in connection with obtaining UK merger clearance for the sale of a UK cable business.
Advocacy assistance on issues related to the United Nations Framework Convention on Climate Change and the Kyoto Protocol, and lobbying on behalf of clients with respect to climate change legislation in various states of the United States and in the European Union.
Representation of a client opposed to certain aspects of proposed European Digital Video Broadcasting Standards, a matter on which we integrated our expertise in IP law, competition law and substantive and procedural aspects of the EU standardization process.
Representation of a client in the EU opposing the merger of two, U.S.-based global telecom service providers -- a matter that involved complex issues under EU competition law.
Representation of AstraZeneca in its strategic diabetes alliance with Bristol-Myers Squibb, including with respect to collaboration arrangements for the development and commercialization of Amylin Pharmaceuticals’ portfolio of diabetes products following BMS’s acquisition of Amylin in a deal valued at $7 billion (approximately half the cost of which was borne by AstraZeneca).
In securing a stay of antitrust and related class-action claims in deference to arbitration clauses in credit-card agreements. 361 F.Supp. 2d 237 (S.D.N.Y. 2005).
Provide regulatory and strategic advocacy advice to a large fertilizer manufacturer on the EU consideration of restrictions on cadmium in fertilizer.
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.
Participated extensively in the consultations leading to the enactment of the 2010 UK Bribery Act.
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.
Advised Imperial Innovations, Cambridge Innovation Capital and Johnson & Johnson Development Corporation in a £4 million funding round for Inivata, a clinical cancer genomics company spun out from Cancer Research UK.
Represented Indian Energy Limited, an independent power producer operating wind farms in India, in a recommended all-share takeover by Infrastructure India plc.
Represented HealthpointCapital in its minority investment in ScientX and subsequent acquisition of its France-based parent through a tender offer.
Represented HealthSouth Corporation in its public offering of $300 million of its 5.125% senior notes due 2023.
Represented HaloIPT, a leading provider of wireless charging technology for electric road vehicles, in Qualcomm’s acquisition of its assets and technology.
Representing Hapag-Lloyd and United Arab Shipping Company in connection with the Container Shipping investigation in the EU.
Represented Illumina on a strategic alliance with Genomics England for a four-year project to decode 100,000 human genomes in the UK.
Represented Horizon Discovery Group plc in its £68.6 million initial public offering on AIM.
Assisted a European telecommunications company in protecting its interests with the European Commission in a bilateral EU-U.S. regulatory dispute.
Advised Cell Medica Ltd. in its £50 million series B funding round. Cell Medica Ltd. is a cellular immunotherapy company which develops, manufactures and markets patient-specific products for the treatment of cancer and infectious diseases.
Represented Eli Lilly and Company in its €2.1 billion notes offering consisting of €600 million 1.000% Notes Due 2022, €750 million 1.625% Notes Due 2026, €750 million 2.125% Notes Due 2030.
Counseling clients on compliance with European Union and national requirements regarding the use of “green dot” labels related to product disposal, “CE” labels on prototype products, and use of national languages on product labels.
Represented Entrust in front of CFIUS and on national industrial security regulatory matters in connection with its sale to DataCard Corp.
Advised a European telecommunications client on data retention matters, and on strategy and compliance relating to new services using customer data.
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.
Conducted a detailed review of the human resources operations of a large pharmaceutical company to assess compliance with data protection and privacy laws and regulations in both the US and EU, in anticipation of possible certification under the US-EU Safe Harbor regime. Our extensive written report described potential compliance issues and recommended specific remedial actions.
Advice to a major pharmaceutical in establishing a healthcare business in the UK, including strategic advice on corporate structure and governance issues and compliance with Vare Quality Commission standards.
Advised on employment and variable compensation aspects of dual US/UK employment contract for senior executive of FTSE 100 company.
Investigating allegations of fraud, bribery, and collusion in a contract financed by the World Bank and representing the client before the World Bank Integrity Vice Presidency in anticipation of a potential debarment action.
Structured the cross-border tax and employment aspects of the transfer of a UK executive to an Indian entity for a U.S. conglomerate.
Representation of Qualcomm in numerous European acquisitions and investments including its $200 million joint venture and private equity investment with Omnia, a subsidiary of Saudi Oger, to create a UK-based company to deploy CDMA-based technology.
Representation of a leading Caribbean-based international beverage company in an LCIA arbitration against the former controlling shareholders of a major European-based company that was acquired by our client and in successfully handling a London-sited UNCITRAL arbitration administered by the LCIA.
Representation of a Lithuanian petrochemicals company in a an LCIA arbitration against a U.S. contractor, in a dispute arising out of alleged breaches of a project management agreement.
Researched and crafted a comprehensive report on the policy options for creation of independent regulatory authorities in the EU.
Representation of a major European shipbuilder in successfully defeating claims brought in an ICC arbitration in New York by a U.S. engine supplier for alleged breaches of contract and intellectual property rights relating to stealth-enabled engine technology for warships.
A major energy drinks producer faced a major threat to its market access in an Eastern European country as a result of a legislative proposal. Using local resources, we collected intelligence on both the content of the proposal and its status, as well as on the relevant stakeholders.
Developed a litigation strategy for several members of an industry federation to challenge an advertising ban imposed by an EU directive for violations of the free speech provisions of Article 10 of the European Human Rights Convention.
Representation of Verizon Communications in several transactions, including its $3.89 billion acquisition of AOL. Also advised the company in connection with its purchase of UK-based Vodafone’s 45 percent ownership of Verizon Wireless, as well as Vodafone’s purchase of Verizon’s interest in Vodafone Italy, which was valued at $124.1 billion.
Advised Joy Global in connection with several transactions, including its acquisition of LeTourneau Technologies from Rowan Companies and its sale of LeTourneau’s drilling systems and offshore products businesses to Cameron International.
Counseling for joint ventures for a variety of clients in media and communications, including cable channel ventures, joint ventures for video programming and content, and satellite, wireless, and broadcast joint ventures.
Representation of King Pharmaceuticals in its $3.6 billion acquisition by Pfizer.
Representation of Facebook, Inc. in many transactions, including its $22 billion acquisition of WhatsApp, $2 billion acquisition of Oculus, and $1 billion acquisition of Instagram.
Representation of Qualcomm in connection with its acquisition of CSR plc, with filings in China, Germany, Japan, Korea and Taiwan.
Representation of Sanofi in connection with obtaining clearances from the European Commission and in China, Korea, Switzerland, Taiwan, Turkey and Ukraine for its collaboration with Google Life Sciences, Inc., now Verily, relating to diabetes management products and services.
Representation of Microsoft Corp. in its $8.5 billion acquisition of Skype Communications S.à.r.l., the largest acquisition in the company’s history, in connection with its $4.5 billion acquisition of certain Nortel patents, in its $7.2 billion acquisition of the handset division of Nokia, and its $2.5 billion acquisition of Mojang, the developer of Minecraft.
Representation of AstraZeneca in relation to the creation of a $3.4 billion diabetes joint venture with BMS, and the subsequent acquisition of sole control over that venture; in its acquisition of the rights to Almirall’s respiratory franchise (for initial consideration of $875 million and up to $1.22 billion in development, launch and sales-related milestones); assisting in the acquisition of the Takeda respiratory portfolio; and in relation to the creation of an oncology joint venture with Fujifilm Kyowa Kirin Biologics (FKB).
Representation of Electronic Arts in its acquisition of a 19.9% stake in French game company Ubisoft Entertainment, in a transaction requiring the participation of multiple Covington offices on various corporate, antitrust and international issues.
Acted for De Persgroep as a complaining third party in the Mediahuis merger. The case was unprecedented as it resulted in a 3 to 2 merger in the newspaper sector. The merger was conditionally cleared by the new Belgian competition authority.
Representing Michelin in its acquisition of IHLE Holding AG. The transaction involved six national European merger notifications, namely in France, Germany, Austria, Hungary, Romania, and the Czech Republic. This was the first time that an upstream tire manufacturer and supplier took control over a wholesale tire distributor in Europe creating substantial questions about the effects of this vertical integration.
Representation of a company in the fintech sector in a complex strategic alliance and outsourcing transaction to create an innovative post-financial trade processing and technology service for large banks in Europe and Asia.
Advising a number of firms on the provisions of the new Payment Services Directive 2 and how to implement the changes.
Asesoramos a una compañía farmacéutica global sobre los requisitos de notificación de violación de datos en más de 80 países, a raíz de una falla de seguridad que afectó a empleados en Europa, Asia y las Américas.
Representation of Banco Bilbao Vizcaya Argentaria, an international financial group based in Spain, in its acquisition of financial technology company Simple. The $117 million acquisition is part of BBVA's strategy to lead the technology-driven change that is transforming the financial services industry. According to Francisco González, Chairman and CEO of BBVA, Simple will reinforce BBVA’s “global digital transformation while BBVA will provide the means to help Simple maximize its outstanding growth potential.”
We have addressed regulatory investigations and enforcement actions from regulators in the United States, Europe, and Asia following data breaches. These have included investigations or formal enforcement proceedings brought by the Federal Trade Commission, State Attorneys General, and the Securities and Exchange Commission in the United States, and by data protection authorities and sector-specific regulators across Europe and Asia.
Represented Spanish investors in Yukos Oil Company in an SCC arbitration against the Russian Federation arising from Russia’s expropriation of the company. The tribunal issued an award in our clients’ favor that valued Yukos at more than $60 billion at the time the company was expropriated.
Advice to leading U.S. and international energy companies on the scope and application of U.S. and EU sanctions against Russia in the context of new and existing projects and investments.
October 19, 2016, Covington Alert
On September 15, 2016, the European Commission published its Preliminary Report on the ongoing e-commerce sector inquiry. The report is based on the input from nearly 1,800 companies operating in e-commerce of consumer goods and digital content and has analyzed around 8,000 distribution contracts. The report confirms the fast growth of e-commerce in the EU and ...
October 17, 2016, Covington Alert
Last week, a dispute between Tesco and Unilever about where the pain caused by the devaluation of sterling should lie provided some initial evidence of the “turbulence” and “rollercoaster” rides the Chancellor of the Exchequer, Philip Hammond, has warned of since the June 23, 2016 Brexit vote.
October 14, 2016, Global Policy Watch
Summary This week is a political group week (i.e., the week before the Parliament’s plenary session, during which all political parties and groups organize meetings and discuss their views and voting strategy). The Plenary session will be held in Strasbourg from October 24 to October 27. Therefore, the number of committee meetings is relatively limited … ...
October 13, 2016, The Law Society Gazette
Charlotte Hill is quoted in a Law Society Gazette article regarding the Criminal Finances Bill, which would boost the National Crime Agency (NCA) powers and increase the regulatory burden on financial services businesses. “This [approach confirms] the direction that anti-money laundering, terrorist financing and financial crime legislation are going in,” and it ...
October 11, 2016, Webinar
October 10, 2016
LONDON—Elaine Whiteford has joined Covington as a partner in the European Dispute Resolution practice resident in the firm’s London office.
Ms. Whiteford’s practice focuses on contentious competition law matters and follow-on damages litigation, challenges to regulatory decisions, cartel and other regulatory investigations, and other types of commercial ...
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 ...
October 10, 2016, PR Week
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 ...
October 10, 2016, CDR News
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 ...
October 7, 2016, Global Policy Watch
Summary This week’s committee hearings will be important for the EU’s trade policy. On Wednesday, October 12, the Committee on International Trade (“INTA”) will debate the EU-Canada Comprehensive Economic and Trade Agreement (“CETA”) with farmers, businesses and trade union representatives. The Commission still hopes to provisionally apply CETA during the ...
October 7, 2016
LONDON—Covington advised AstraZeneca on its agreement with Cilag GmbH International, an affiliate of Johnson & Johnson, for the divestment of the rights to Rhinocort Aqua outside the U.S.
Rhinocort Aqua is a nasal spray indicated for allergic and non-allergic rhinitis (inflammation of the inside of the nose), and for the treatment of nasal polyps (swelling of ...
October 6, 2016, Global Policy Watch
Brexit and the EU’s Response This month brought some concrete news on the timeline for negotiation of a UK exit from the EU. Theresa May used her speech to the Conservative Party Conference on October 3 to set a March 2017 deadline for triggering Article 50, and to reveal some of her strategy going into negotiations. She … Continue Reading
October 6, 2016, EP Vantage
Grant Castle is quoted in an EP Vantage article regarding the effect of Brexit on life science funding and strategy. According to Castle, “Particularly if the UK heads for a ‘hard Brexit,’ the UK will be a less attractive venue for investment by pharma. It’s one of the sad side effects of all this.”
October 5, 2016, Covington Alert
The International Employment Update summarises recent international employment law developments in the United Kingdom, France, Poland, China and the United States of America.
October 4, 2016, Law360
Carlo Kostka is quoted in a Law360 article regarding British Prime Minister Theresa May's speech which indicated that the financial services sector should prepare to lose the passporting rights that make it easier for UK-based firms to do business across the EU. According to Kostka, "She's setting out a negotiating position that seemed harder than softer, which ...
October 3, 2016
WASHINGTON—Covington has promoted 13 lawyers to its partnership.
“Our new partners reflect the excellence, strengths, and diversity of the firm and will play important roles in the firm for decades to come and will help drive our key practices to even greater success in the years ahead,” said Timothy Hester, Covington’s chair.
The new partners, who are based in ...
October 3, 2016, The Guardian
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 ...
October 2016, Digital Health Legal
September 30, 2016, Global Policy Watch
Summary Following the Council’s vote on Friday, September 30, to ratify the Paris Agreement through a fast-track mechanism, Parliament will vote on the ratification on Tuesday, October 4. The EU has taken longer than the United States and China to ratify the agreement, and faced pressure to hit an October 7 deadline set by the … Continue Reading
September 28, 2016, Covington Alert
Provisions of a new French law, adopted on September 28, 2016, will loosen France’s rules around videogaming contests in France, and lay down new labor regulations for professional gamers. For now, clients ought to exercise significant caution before arranging French eSports contests or entering into contracts with professional gamers in France. Even after the ...
September 26, 2016
LONDON—Graham Vinter, General Counsel of BG Group plc from 2007 until 2015, has joined Covington’s London office. Mr. Vinter will chair the firm’s Project Finance practice and supervise an expansion of the firm’s capabilities in this area.
At BG Group, Mr. Vinter was a member of the Group Executive Committee and reported to the Chief Executive Officer. He was ...
September 26, 2016, Legal Week
Timothy Hester and Graham Vinter are quoted in a Legal Week article regarding Vinter’s recent arrival. According to Hester, "We see an opportunity at Covington to build a leading projects practice that also provides synergies with other parts of the firm - in particular, arbitration, government affairs, tax, corporate, IP, and energy regulation. As we move along ...
September 26, 2016, The Lawyer
Timothy Hester and Graham Vinter are quoted by The Lawyer in an article regarding Vinter’s arrival. According to Hester, Vinter’s hire was “an opportunity to build a leading projects practice that also provides synergies with other parts of the firm – in particular, arbitration, government affairs, tax corporate, IP and energy regulation.”
Vinter adds, ...
September 26, 2016, Legal Business
Timothy Hester and Graham Vinter are quoted in a Legal Business article regarding Vinter’s arrival as chair of Covington’s Project Finance practice. Hester describes Vinter as a “veteran of the project finance industry [who] is highly respected worldwide for his unparalleled knowledge of the sector.” He adds, “We see an opportunity at Covington to build a ...
September 26, 2016, Law360
Timothy Hester and Graham Vinter are quoted in a Law360 article regarding Vinter’s recent arrival as chair of the firm’s Project Finance practice. According to Hester, “Graham is a veteran of the project finance industry and is highly respected worldwide for his unparalleled knowledge of the sector.” He continues, “We see an opportunity at Covington to build a ...
September 22, 2016, Global Policy Watch
Since June of this year, a major effort has been made at EU level to give new impetus to European Defense. A ‘Global strategy’ was presented at the end of June by the High Representative; a joint EU-NATO Declaration was issued during the NATO summit in Warsaw in July; a German white paper announcing an … Continue Reading
September 21, 2016, Covington Alert
On September 21, 2016, the Court of Justice of the EU (CJEU) delivered its judgment in Case C-592/14 European Federation for Cosmetic Ingredients v UK Secretary of State for Business. The Court has ruled that animal tests performed outside the European Union (EU) to comply with non-EU rules should not be used for the product safety assessment to gain access to ...
September 20, 2016
WASHINGTON—Global Investigations Review has named the Microsoft warrant access case as the winner of the “Most Important Court Case of the Year.” Covington served as co-counsel to Microsoft and helped secure a landmark win in the U.S. Court of Appeals for the Second Circuit. GIR also ranked Covington among the top 15 investigations practices in the world in its ...
September 20, 2016, Law360
September 19, 2016, Covington Alert
In 2015, the UK government introduced a requirement for certain companies to make annual statements on action taken to eradicate slavery and human trafficking from their businesses and suppliers. The publication deadlines for the first organisations caught by the rules expire in September and recent statements issued by businesses across a variety of sectors ...
September 19, 2016, Law360
Carlo Kostka is quoted in a Law360 article regarding the UK’s diminishing influence over EU banking regulation following the Brexit vote. According to Kostka, "There's a broad concern that the expertise of the UK has been very positive to the EU's financial rulemaking in general.” He continues, “So to the extent that that's taken away by definition because the ...
September 16, 2016, Global Policy Watch
Summary Next week is constituency week in the European Parliament, one of the four weeks a year when MEPs return to their Member States to focus exclusively on constituency work, or go abroad on interparliamentary delegations. For those looking to interact with Parliamentary staff, constituency weeks are a good opportunity given that the workload in … Continue ...
September 12, 2016, Covington Alert
The General Court (the “GC” or the “Court”) delivered its judgment in the Lundbeck ‘pay-for-delay’ case last Thursday (Case T-472/13 Lundbeck v Commission). In its judgment, the GC confirms the European Commission (the “Commission”)’s decision (the “Decision”), namely that the agreements between Lundbeck and the generic producers (Merck KGaA/Generics UK (“GUK”), ...
September 12, 2016, Global Arbitration Review
Greg Lascelles and Alex Leitch are quoted in a Global Arbitration Review article regarding Lascelles’ recent arrival to Covington. “I am very excited to join this growing team,” says Lascelles.
According to Leitch, the financial services sector attracts significant client demand and Lascelles’ arrival is a “welcome addition” to the practice.
September 7, 2016, Global Policy Watch
Leaders of 19 countries and the European Union, known as the G20, met in Hangzhou, China, on September 4-5 to assess global trends and coordinate economic and financial policies. The first time G20 leaders gathered together was in Washington, D.C., in November 2008, in the throes of the international financial crisis of 2008-2009. It is … Continue Reading
September 5, 2016
LONDON—Greg Lascelles has joined Covington as a partner in the European Dispute Resolution practice resident in the firm’s London office.
Mr. Lascelles has a broad litigation and arbitration practice covering a variety of industry sectors, with a particular focus on financial services. He advises hedge funds, private equity houses, asset managers, investment ...
September 1, 2016, Corporate Counsel
Daniel Spiegel is quoted in a Corporate Counsel article regarding significant changes that occurred in the global marketplace while Paul Dudek was head of the SEC’s Office of International Corporate Finance for 23 years. Spiegel, commenting on “Smaller Companies/Emerging Markets,” says that the growth of emerging markets entering the global economic and trading ...
August 31, 2016, Global Policy Watch
The finalization of negotiations on the Comprehensive Economic and Trade Agreement (CETA) will be discussed during the international trade committee this Wednesday (August 31). Issues the Parliament will discuss include satisfaction with the final text agreed between the Commission and Canada, as well as the Commission’s decision that the deal constitutes a ...
August 26, 2016, Nutritional Outlook
Brian Kelly is quoted in a Nutritional Outlook article regarding the ways Brexit could affect the supplement industry. According to Kelly, “If the UK went down a Norway or EEA model approach, it’s very unlikely that there’d be any material change to the legal position.” He continues, “The UK’s implementation of EU existing food law would remain valid and the UK ...
August 12, 2016, Covington Alert
The Insurance Act, which received Royal Assent and became law in the United Kingdom in February 2015, has now come into force: it applies to all insurance policies entered into on or after August 12, 2016, including renewals, and to all variations to existing policies made on or after that date.
As previously reported, the Act contains the most significant ...
August 5, 2016, Global Policy Watch
“Brexit” Following Theresa May’s appointment as UK Prime Minister on July 13, she has formed a new UK Government. The UK’s key Cabinet Ministers with responsibility for Brexit negotiations all campaigned for the UK to Leave the EU: David Davis, the new Secretary of State for Exiting the EU; Boris Johnson, the Foreign Secretary; and … Continue Reading
August 5, 2016, FDA Week
Grant Castle is quoted in an FDA Week article regarding the likelihood that the UK will remain part of the Mutual Reliance Initiative between the U.S. and EU. "If the UK does Brexit, but executes the European Economic Area (EEA) Agreement, as Norway, Iceland and Liechtenstein have done, it would continue to implement all new EU pharmaceutical rules and ...
August 4, 2016, Global Policy Watch
Cartel damages claims are increasingly spreading in Europe. In this rapidly evolving field of law, Germany has emerged to become the second most popular jurisdiction after the UK. It is too early to say whether this might be affected by the Brexit vote. Yet since the EU’s directive on cartel damages claims (Directive 2014/104/EU) has … Continue Reading
July 28, 2016, Covington Alert
The UK is currently the largest financial centre in the European Union (“EU”). A large number of global financial institutions have a presence in the UK, both in order to participate in the UK financial market and also as a hub to access clients and markets across the EU. Whatever form Brexit takes, it will have an enormous impact on the financial services ...
July 26, 2016, Competition Law Insight
Kevin Coates discusses his career highlights and the legal landscape in this interview with Competition Law Insight.
July 21, 2016, Covington Alert
While the UK’s decision to leave the EU could bring about significant changes to the UK’s legal and economic landscape, we cannot yet know how wide-ranging these changes will be. It is generally agreed that the changes will be fairly dramatic if the UK is unable to negotiate a deal that will maintain its access to the single market, or if the eventual deal ...
July 20, 2016, Global Competition Review
Kevin Coates participated in the American Bar Association’s criminal antitrust conference and is quoted in a GCR article regarding the effects of Brexit on antitrust. According to Coates, the effects of Brexit on competition law will only be felt if the United Kingdom decides it wants an economic relationship with the European Union different from one created by ...
July 19, 2016, PaRR
Kevin Coates spoke at an American Bar Association webinar entitled “Cartel and Criminal Practice Update” and is quoted in a PaRR article regarding the significance of the European Commission’s July truck cartel decision. According to Coates, this is the first case in which the EC issued a normal procedure statement of objections (SO) to parties, and then agreed ...
July 19, 2016, Global Competition Review
Alex Leitch and Jeremy Wilson are quoted in a GCR article regarding the arrival of Elaine Whiteford to Covington’s European dispute resolution practice. “We are thrilled with Elaine’s decision to join the firm. She brings a wealth of EU litigation experience, which we see as a real asset in the current market.”
July 18, 2016
WASHINGTON—Covington has formed an enhanced team of lawyers and advisors to provide cybersecurity incident response services to clients, highlighted by Stephen Surdu, who formerly led the professional services group of Mandiant, joining the team as a Senior Cybersecurity Advisor.
Through the formation of the Cybersecurity Incident Response Team with members on ...
July 18, 2016, Legal Business
Alex Leitch is quoted in a Legal Business article regarding the arrival of Elaine Whiteford to the firm’s European competition practice. According to Leitch “She brings a wealth of EU litigation experience, which we see as a real asset in the current market, impacted by many developments around Europe, including Brexit related disputes, and the new class action ...
July 18, 2016, Legal Week
Alex Leitch is quoted in a Legal Week article regarding the arrival of Elaine Whiteford to the firm’s European competition practice. According to Leitch, “[Whiteford] brings a wealth of EU litigation experience, which we see as a real asset in the current market, impacted by many developments around Europe, including Brexit related disputes, and the new class ...
July 15, 2016
NEW YORK—Covington advised Medical Research Council Technology, a UK-based independent life science medical research charity, in its sale of a portion of the royalty stream associated with its cancer drug Keytruda® for $150 million (£115.6 million).
Keytruda® (pembrolizumab), is a new generation treatment which stimulates the body’s immune system to fight ...
July 14, 2016, Covington Alert
At a joint press conference on July 12, 2016 in Brussels, EU Commissioner for Justice, Consumers and Gender Equality, Věra Jourová and the U.S. Secretary of Commerce, Penny Pritzker, presented the Privacy Shield (see Press Release here, Adequacy Decision text here, Annexes here, Communication here, and Q&A factsheet here). The press conference followed the ...
July 13, 2016, Covington Alert
On July 1, 2016, the German Federal Ministry of Economic Affairs and Energy published a proposed draft amendment to the German Act against Restraints of Competition, which would introduce a new merger control notification threshold based on transaction value. The draft (i) introduces a new merger control notification threshold based on transaction value, (ii) ...
July 13, 2016, Legal Business
Alex Leitch is quoted in a Legal Business article regarding Greg Lascelles’ upcoming arrival to Covington as a partner in the firm’s European Dispute Resolution practice. According to Leitch, “Financial services remains an active sector that attracts a lot of demand from our clients across a variety of disciplines, including antitrust litigation, commercial ...
July 13, 2016, Legal Week
Alex Leitch is quoted in a Legal Week article regarding the upcoming arrival of Greg Lascelles as a partner in the firm’s European Dispute Resolution practice. “Greg’s arrival will be another welcome addition to an already vibrant practice,” Leitch says. According to Leitch, “Financial services remains an active sector that attracts a lot of demand from our ...
July 11, 2016, Fortune
Monika Kuschewsky is quoted in a Fortune article regarding the anticipated response by businesses of the U.S.-EU Privacy Shield and its likelihood of success. According to Kuschewsky, “The U.S. has clearly made further concessions to satisfy the concerns raised by the various stakeholders, including the data protection authorities in the EU, since the ...
July 11, 2016, Covington Alert
The UK recently voted to leave the European Union in an advisory referendum. The impact of Brexit on medical devices regulation in the medium-to-long term will very much depend on the form a post-Brexit UK will take, the relationship that the UK chooses to have with the EU, and indeed the relationship that the EU is willing to accept. That will not become clear ...
July 5, 2016, CDR News
Peter Camesasca and Alex Leitch are quoted in a CDR article regarding the long-term effects of Brexit on the courts, including uncertainties over enforcement. According to Camesasca, “This will not be immediate. Companies are not making any immediate decisions about litigation in the wake of the Brexit vote. Most are in ‘wait and see’ mode.” He continues, “But ...
On June 23, 2016, the UK voted in an advisory referendum to leave the European Union. The impact of Brexit in the medium-to-long term will very much depend on the form a post-Brexit UK will take, the relationship that the UK chooses to have with the EU, and the relationship that the EU is willing to accept. That will not become clear for some time as it will ...
July 2016, eHealth Law & Policy
July 2016, BNA’s World Data Protection Report
June 30, 2016, Covington Alert
Last week, the UK voted to leave the European Union in an advisory referendum. The impact of Brexit on food and drink regulation in the medium-to-long term will very much depend on the form a post-Brexit UK will take, the relationship that the UK chooses to have with the EU, and indeed the relationship that the EU is willing to accept. That will not become clear ...
June 30, 2016
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 ...
June 30, 2016, Politico
Grant Castle is quoted in a Politico article regarding Britain’s desire to continue its dominance in health research. Commenting on the possibility of having Britain stay in the single market, Castle says, “I don’t think that’s a practicality now.” He continues, “I would think that access to the country would be tightened…given the strength of feeling on ...
June 29, 2016, Covington Alert
Following the vote by the United Kingdom in an advisory referendum to leave the European Union (“EU”), there is no immediate change to employment law in the UK.
Assuming that the referendum decision is put into effect (which still appears to be subject to significant political, legal and practical obstacles), the extent of any future changes will of course ...
June 29, 2016, The Wall Street Journal
Johan Ysewyn is quoted in a Wall Street Journal article regarding the possibility that the UK could alter its tax code to entice businesses following the Brexit vote. According to Ysewyn, “The temptation will be very high to bail out of the EU state aid rules…It would be nice [for the UK] not to have to deal with the whole Brussels layer.”
June 28, 2016, Bloomberg
Grant Castle is quoted in a Bloomberg article regarding the implications of Brexit on the future of the pharmaceutical industry and the drug approval process. According to Castle, the best that the UK regulator could hope for would be an observer status on European Medicines Agency committees. That loss of influence could make the UK less appealing, because it ...
June 28, 2016, Covington Alert
The SEC’s Division of Corporation Finance (the “Division”) recently issued updated interpretive guidance on the use of non-GAAP financial measures. This guidance reflects an increasingly assertive position taken by the SEC in recent months regarding public companies’ use of numerical measures of performance, financial position or cash flows that are not ...
June 27, 2016, Covington Alert
Last week, the UK voted in an advisory referendum to leave the European Union. The next steps are not yet clear, but the referendum may have significant implications for the pharmaceutical industry in the UK and for international companies operating in the UK. Its impact will very much depend on the form a post-Brexit UK will take, the relationship that the UK ...
June 27, 2016, The Legal Intelligencer
Grant Castle is quoted in a Legal Intelligencer article regarding the regulatory impact of Brexit. Commenting on the Food and Drug sector, Castle says, “The UK will inevitably diminish in significance when it comes to the regulation of pharmaceuticals and a venue where drug companies are going to want to be based. Historically, U.S. companies wanted to operate ...
June 24, 2016, Covington Alert
The UK has voted to leave the European Union in an advisory referendum. 52% leave - 48% remain.
Were the UK to leave the EU, this would have significant implications for the UK and for international businesses operating in the UK. The longer term impact of the decision on the regulatory framework for the UK will depend, in part, on the relationship that the UK ...
June 24, 2016, The Wall Street Journal
Louise Nash is quoted in a Wall Street Journal article regarding concerns raised following the Brexit vote. “The message we’re sending to our clients is that this is a hugely significant decision and will have great implications for the UK and for businesses that operate in the UK but…until the UK negotiates terms [to exit the EU], it is business as usual, our ...
June 24, 2016, Politico
Grant Castle is quoted in a Politico article regarding the effect of Brexit on the future location of the European Medicines Agency. Castle predicts that the EMA is inevitably going to leave the UK. “Given the strength of feeling on immigration,” it looked unlikely the country would opt for a European Economic Area relationship, since that would mean continuing ...
June 22, 2016, The Wall Street Journal
David Lorello is quoted in a Wall Street Journal article regarding the possible regulatory changes that may come as a result of Brexit. According to Lorello, commenting on potential changes to the sanctions regime, “If the UK leaves the EU, it may no longer be required to implement those sanctions, but it all depends on how Brexit would be negotiated.”
June 21, 2016, Webinar
June 21, 2016
SILICON VALLEY—Covington advised Tencent Holdings Limited, a leading provider of internet service in China, in connection with its acquisition of a majority stake in Supercell from SoftBank. A consortium established by Tencent will acquire up to 84% of Supercell for $8.6 billion in a transaction valuing Supercell at approximately $10.2 billion.
Supercell is a ...
June 17, 2016
LONDON—Euromoney Legal Media Group has selected four Covington lawyers for its annual “Europe Women in Business Law Awards.” The awards honor women in the legal sector across Europe.
The Covington lawyers recognized are:
Louise Nash, Best in Mergers & Acquisitions. Ms. Nash focuses on M&A and other transactional matters for clients in the consumer brands, ...
June 13, 2016, Lexis PSL
Monika Kuschewsky explores the Advocate General Opinion in Breyer on classing IP addresses as personal data in this interview with Lexis PSL.
June 9, 2016, The Trade
Stephen Humenik participated in a panel discussion at the Fixed Income Leaders Summit and is quoted in this The Trade article regarding the European Securities and Markets Authority’s ability to implement the MiFID II rules on bond trading without the necessary resources. According to Humenik, “Firms should go early and go often to speak with regulators in ...
June 7, 2016, Commercial Dispute Resolution
Kenny Henderson participated in CDR’s Spring Competition Litigation Symposium and is quoted in this article regarding the barriers which are hampering the progress of the new UK collective actions regime. According to Henderson, “It is fairly clear, in my view, that the CAT guidance suggests it is looking for a very business-like, rapid approach to the question ...
June 6, 2016
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 ...
June 3, 2016
NEW YORK—Covington advised the underwriters in connection with Repligen’s $115 million debt offering. The senior convertible notes due in 2021 were placed at 2.125 percent.
Repligen is a bioprocessing company focused on the manufacture of Protein A ligands used by life science companies to purify biologic drugs such as monoclonal antibodies, recombinant ...
June 2016, eHealth Law & Policy
May 26, 2016
NEW YORK—Corporate Board Member magazine has once again named Covington to its list of the top 25 corporate law firms. The “America’s Best Corporate Law Firms” survey asks directors and general counsels at publicly traded companies to identify the firms they would most likely retain for a variety of legal matters.
“Covington is proud that we are regarded by our ...
May 26, 2016, The Wall Street Journal
David Lorello is quoted in a Wall Street Journal article regarding a recent call to review the UK Serious Fraud Office’s (SFO) funding model after increased scrutiny of the SFO’s governance structure. According to Lorello, “The blockbuster funding has been a matter of significant public attention for some years now." He continues, “As with many government ...
May 23, 2016, The Law Society Gazette
Alex Leitch, Carlo Kostka, and Richard Mattick participated in a roundtable with The Law Society Gazette regarding the UK Insurance Act 2015. Leitch, pointing at “fair presentation,” a grey area in the new legislation, said a policyholder will want to make sure that they have “discharged the duty of giving a fair presentation of the risk which is going to be ...
May 23, 2016, CDR News
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 ...
May 22, 2016, Business Insurance
Richard Mattick is quoted in a Business Insurance article regarding the UK Enterprise Act. According to Mattick, the new Act, which updates one element of the Insurance Act 1886 that was left out of the Insurance Act 2015, “remedies a long-standing injustice for insurance policyholders.” It marks the first time that policyholders can seek damages for late ...
May 19, 2016
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 ...
May 12, 2016, Webinar
May 11, 2016, This article was published in Scrip Regulatory Affairs
May 9, 2016, Covington Alert
On May 4, 2016 the Enterprise Act received the Royal Assent and became law in the UK. Once its relevant provisions come into force on May 4, 2017, it will introduce for the first time into English law a right for policyholders to recover damages for late payment of insurance claims from insurers (Scottish law already recognizes an implied obligation for an ...
May 8, 2016, Financial Times
Peter Bogaert and Grant Castle are quoted in a Financial Times article regarding the effect Brexit would have on the UK pharma industry. According to Bogaert, commenting on the important relationship between the European Medicines Agency and the UK’s Medicines and Healthcare Products Regulatory Agency, “Brexit would be a loss for both sides.”
Castle adds that ...
May 6, 2016, Mining Journal
Theodore Garrett is quoted in this Mining Journal article looking at the landscape of the mining industry for lawyers. According to Garrett, “The industry seems to be poised for a recovery as markets stabilise around the world. Mining projects have a long time horizon, and our clients are in the process of developing a number of important projects.”
May 2016, eHealth Law & Policy
April 29, 2016, The Wall Street Journal
Charlotte Hill is quoted in this Wall Street Journal article discussing the new UK market abuse rules. According to Hill, “The scope of the new market abuse regime is much wider than the previous regime.”
April 21, 2016
NEW YORK — Covington has partnered with Columbia Law School and its Center for International Commercial and Investment Arbitration to launch the Covington Academy on International Arbitration (CAIA). The program is open to Columbia’s J.D., LL.M, and S.J.D. students.
The three-day program will consist of training followed by practical exercises and live feedback ...
April 21, 2016, Covington Alert
On April 5, 2016, the United States Department of Justice (“DOJ”), through the Criminal Division’s Fraud Section, announced a one-year Foreign Corrupt Practices Act (“FCPA”) enforcement pilot program (the “Pilot Program”) intended to motivate companies to voluntarily disclose FCPA-related misconduct and increase transparency around the Fraud Section’s approach ...
April 20, 2016
BRUSSELS — Sophie Bertin, a former senior official who served as Head of Unit in the “Financial Crisis” Task Force within the Directorate-General for Competition at the European Commission, has joined forces with Covington’s global antitrust and competition practice. Ms. Bertin will be working with the firm’s Brussels and London offices.
At DG COMP, Ms. Bertin ...
April 15, 2016, The Wall Street Journal
Charlotte Hill is quoted in The Wall Street Journal’s “Morning Risk Report” discussing the Financial Conduct Authority’s consultation paper. According to Hill, improving transparency and efficiency is part of the reform that is making the FCA a “very much tougher” regulator.
April 14, 2016, Covington Alert
Latest figures suggest that women in the UK still earn on average 20 percent less than men. Companies that fail to address gender pay differences will be highlighted in league tables under the new Gender Pay Gap Regulations. The draft regulations require private employers in the UK to collect and publish information showing differences in pay between male and ...
April 12, 2016, Law360
April 8, 2016, Law360
Marney Cheek’s remarks made at the American Bar Association’s Annual Intellectual Property Conference are quoted in this Law360 article discussing the overbearing rules that “claw back” food names. According to Cheek, geographical indications often serve as “trade barriers” to geographically descriptive foods that have become generic to consumers, such as ...
April 2016, Covington Alert
Right to Private Life v. Right to Monitor
On January 12, 2016, the European Court of Human Rights published its judgment in another case concerning an employee’s use of company information systems, once again highlighting the challenge of balancing an employee’s right to a private life against the right of an employer to monitor employees at work.
April 6, 2016, Global Investigations Review
Steven Fagell is quoted in this GIR article regarding a recent Court of Appeals decision that a lower court overstepped its authority by rejecting a DOJ settlement with Dutch aerospace company Fokker. According to Fagell, “The ruling will likely clip the wings of any US district judge looking to second-guess the Justice Department's charging decisions in ...
April 6, 2016
WASHINGTON, DC — Global Competition Review has selected Expedia’s $1.3 billion acquisition of Orbitz Worldwide as its “Merger Control Matter of the Year - Americas” at the GCR Awards 2016. Covington partners Thomas Barnett and Anne Lee served as lead antitrust counsel to Expedia during the transaction.
The acquisition triggered a U.S. Department of Justice ...
April 4, 2016, Global Competition Review
Kevin Coates, Johan Ysewyn and Deborah Garza are quoted in this GCR article announcing the arrival of Coates as a partner in the firm’s European competition practice.
April 4, 2016
BRUSSELS — Kevin Coates, a former senior official who served as Head of one of the Cartels Units at the Directorate-General for Competition at the European Commission between 2012 and 2016, has joined Covington’s antitrust and competition practice.
Over the last 16 years, Mr. Coates has held several senior positions within DG COMP and before that served as ...
April 1, 2016, Covington Alert
Strict EU rules enforce compliance with the principles on access and benefit sharing under the Nagoya Protocol. The rules affect all companies doing research on genetic resources, such as plants, bacteria and viruses, and related traditional knowledge. They in particular are relevant for the pharmaceutical, medical devices, cosmetics, biocides and foods ...
April 2016, eHealth Law & Policy
Philippe Bradley-Schmieg is quoted in this eHealth & Policy Law article regarding WHO’s report on key eHealth trends and progress across Europe. According to Bradley-Schmieg, “The call for ‘detailed’ EHR [electronic health record] laws is questionable. German and French EHR laws have simply added to already tough and complicated legal environments, with ...
March 31, 2016, Global Competition Review
Peter Camesasca discusses private cartel actions in the European Union in this interview with GCR.
March 24, 2016
NEW YORK - Covington advised the underwriters in the $45 million initial public offering of common stock of Senseonics Holdings, Inc. The offering closed on March 23, 2016. Shares of Senseonics trade on the NYSE MKT under the ticker “SENS.”
Senseonics develops continuous glucose monitoring systems for patients with diabetes. Its Eversense product consists of ...
March 24, 2016, The Wall Street Journal
Daniel Cooper is quoted in The Wall Street Journal’s “Morning Risk Report” discussing how companies should best comply with global data protection regulations. Commenting on the binding corporate rule process, Cooper said,“The one thing we know about binding corporate rules is [they tend] to have more appeal to European regulators.” He continues, “For a lot of ...
March 22, 2016, The Wall Street Journal
Charlotte Hill is quoted in The Wall Street Journal’s “Morning Risk Report” discussing the shake-up of the U.K. Stewardship Code. According to Hill, "Not only will fund managers have an increased burden in relation to their clients, but they will also have a significantly increased responsibility to the FRC.”
March 21, 2016, IAPP
Monika Kuschewsky participated in this IAPP podcast discussing the text of the Privacy Shield and offering advice to companies looking to join the program.
March 21, 2016, The Privacy Advisor Podcast
March 17, 2016, Covington Alert
March 17, 2016, Law360
March 16, 2016, Covington Alert
March 15, 2016, Competition Law Insight
March 14, 2016, Law360
March 11, 2016, Global Competition Review
Johan Ysewyn is quoted in this GCR article covering Société Générale’s decision to drop its appeal after the European Commission agreed to reduce the penalty. According to Ysewyn, “If the reduction is substantial, the danger is that, in the future, this would be read as a precedent by other companies who settle and would try their luck in court.”
March 9, 2016, Covington Alert
March 8, 2016, Global Competition Review
Alex Leitch and Kenny Henderson are quoted in this GCR article discussing the launch of the first opt-out class action in the UK.
According to Leitch, “If the case is not settled and the class is granted a collective proceedings order, this will be the trickle that may form into a steady flowing stream.” He continues by stating that the class seems to be ...
March 8, 2016, Covington Alert
March 7, 2016, Covington Alert
March 7, 2016
LONDON — Carlo Kostka has joined Covington’s global financial institutions practice resident in the firm’s London office.
Most recently Mr. Kostka served as co-head of UniCredit's legal department, where he was responsible for international legal operations, including all legal matters related to the corporate and investment banking division, significant ...
March 2, 2016, Covington Alert
March 1, 2016
LONDON — Covington advised AstraZeneca on an agreement with ProStrakan Group, a subsidiary of Kyowa Hakko Kirin Co. Ltd., for the rights to Moventig (naloxegol) in the European Union (EU), Iceland, Norway, Switzerland and Liechtenstein.
Moventig is the first once-daily, oral peripherally-acting mu-opioid receptor antagonist (PAMORA) approved in Europe for the ...
March 2016, eHealth Law & Policy
February 26, 2016, Nutra Ingredients
Brian Kelly is quoted extensively in this Nutra Ingredients article discussing the UK Psychoactive Substances Act and its possible effect on the food supplements industry. According to Kelly, “Despite criticism and proposed amendments about unintended targets the law has been pushed through. It’s a poorly drafted law when it comes to food.” He continues, “You ...
February 22, 2016, The Law Society Gazette
Johan Ysewyn is quoted by The Law Society Gazette in an article discussing changes in competition policy and enforcement, and what these changes mean for lawyers. “The commission likes its fines, but I think it takes a balanced view that it also likes companies changing their trading behaviour,” says Ysewyn. Ysewyn continues by commenting on the changing nature ...
February 19, 2016, Law360
Mark Young and Libbie Canter are quoted in this Law360 article offering tips on how deal makers can mitigate cybersecurity risks.
According to Young, any discovered incidents can give buyers pause on how — and if — they want to move forward. “We’ve dealt with at least a couple examples where deals were at least delayed if not reconsidered because of ...
February 18, 2016, Covington Alert
February 17, 2016, Covington Alert
February 17, 2016, Politico
Grant Castle and Robin Blaney are quoted in this Politico article discussing the potential impact of “Brexit” on the pharmaceutical sector in the UK and Europe. According to Castle, the “only rational alternative” to EU membership is for the U.K. to become a member of the European Economic Area, as this arrangement would make it so the practical and operational ...
February 16, 2016, Competition Law Insight
Miranda Cole is showcased by Competition Law Insight in this feature.
February 12, 2016, Covington Alert
February 8, 2016
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 ...
February 8, 2016, Louvain University Press
February 5, 2016, LexisNexis
February 2, 2016, Covington Alert
January-February 2016, CDR News
Marney Cheek is quoted extensively in a CDR article offering a US perspective of TTIP. According to Cheek, “even though the US and EU represent the world’s largest trade and investment relationship, the TTIP has not, to date, received the same level attention in the United States as it has in Europe.” She points out that the “debate over investor-state ...
Maureen Browne and Alexander Chinoy are quoted in this CDR article assessing the work of the ITC, and its relationship with intellectual property in 2015. Browne states that the ITC is performing well although down from the peak during the ‘smartphone wars’ years, while Chinoy notes a “slight upward trend in the number of cases heard, peaking in outlier years in ...
February 1, 2016, The Guardian
Henriette Tielemans is quoted by The Guardian in an article discussing the missed Safe Harbor deadline. According to Tielemans, companies faced “enormous uncertainty” about what European regulators would deem adequate privacy protection.
February 2016, European Journal on Risk Regulation
January 29, 2016, Covington Alert
January 28, 2016
WASHINGTON, DC - Law360 has named six Covington practice groups among its “Practice Groups of the Year.”
The practice groups recognized by Law360 are as follows:
January 27, 2016, Covington Alert
January 26, 2016, The Policy Advisor
Ms. Kuschewsky was quoted in this article that discusses a new law that will allow consumer associations to sue them over perceived data protection violations in their commercial practices.
January 25, 2016, The Lawyer
David Fagan is quoted by The Lawyer in an article discussing the continued vulnerability of companies to data breaches and targeted cyber attacks. Fagan, commenting on cyber-related litigation, states, “Up until now, in the US, there has been little cyber-related litigation because it is very difficult to quantify the level of damage done – I can imagine the ...
January 19, 2016, Global Competition Review
Johan Ysewyn is quoted in this GCR article discussing the recent judgments released by the European General Court, upholding penalties against Mitsubishi and Toshiba. According to Ysewyn, the case is an “illustration of the delicate and very complex fining issues facing the European Commission when companies change corporate structures in the course of a cartel.”
January 17, 2016, Covington Alert
January 15, 2016, Law360
Henriette Tielemans is quoted in a Law360 article discussing the recent European Court of Human Rights’ decision allowing employers in the EU to monitor their employees’ online activities for business purposes. “This decision is important,” according to Tielemans. “It will bring much needed legal certainty in an area that many companies are struggling with.”
January 15, 2016
WASHINGTON, DC — Global Competition Review has again named Covington to its 2016 “Global Elite,” a list of the top 25 antitrust practices worldwide.
Each year, GCR undertakes extensive analysis of antitrust and competition law groups in 50 jurisdictions around the world. In its profile of the firm, GCR calls Covington’s antitrust and competition practice an ...
January 14, 2016, Bloomberg Business
Monika Kuschewsky is quoted in this Bloomberg Business article discussing stalled talks between EU and US officials regarding a new trans-Atlantic data sharing pact. Kuschewsky states, “Companies on both sides of the Atlantic have been thrown into this legal uncertainty without their fault and now they are looking to the EU and the U.S. to put an end to this.” ...
January 13, 2016
LONDON — Covington advised AstraZeneca, along with its global biologics research and development arm, MedImmune, on a new collaboration with Moderna Therapeutics to discover, co-develop and co-commercialize messenger RNA (mRNA) therapeutic candidates for the treatment of a range of cancers. The collaboration is in addition to the agreement announced by the ...
January 8, 2016, Covington Alert
December 28, 2015, Covington Alert
December 23, 2015, Bloomberg Business
Louise Nash was interviewed by Bloomberg Business television for a live segment featured on “Countdown,” discussing the 2015 M&A market and its high volume of transactions.
December 21, 2015, Law360
Kenny Henderson is quoted in a Law360 article discussing the significant risk for companies bringing follow-on lawsuits based on enforcement decisions in light of the European Commission’s decision to overturn €790 million ($865 million) worth of price-fixing fines against some of the world's biggest airlines. According to Henderson, "Every twist and turn in ...
December 21, 2015, Covington Alert
December 18, 2015, Energy Post
Gary Guzy is quoted in an Energy Post article discussing the enforceability of the Paris climate deal. According to Guzy, the deal is “extraordinary,” and is the first time that “all [countries] recognise that each has to contribute.”
December 18, 2015, Covington Alert
December 17, 2015, Covington Alert
December 17, 2015
LONDON, 17 December, 2015 — Covington advised AstraZeneca on its acquisition of Takeda’s respiratory business. Under the terms of the agreement, AstraZeneca will make a payment of $575 million, and approximately 200 staff will transfer to AstraZeneca upon completion.
The deal will include the expansion of rights to roflumilast (marketed as Daliresp in the ...
December 16, 2015, Covington Alert
December 15, 2015, Politico
Monika Kuschewsky is quoted in a Politico article discussing the new EU deal on data protection rules giving consumers more control over how their data is used and retained. According to Kuschewsky, “The year 2015 will go down in history as the year of data protection, not only because of these three important pieces of legislation, but in addition several ...
December 11, 2015, Covington Alert
December 9, 2015
NEW YORK, December 9, 2015 - Covington advised Grupo P.I. Mabe, the leading producer of hygienic products in Mexico, on its sale to Ontex Group NV, a publicly listed company based in Belgium. The transaction is expected to close in the first quarter of 2016.
The transaction will require regulatory approvals in Mexico, the US and certain other countries, and has ...
December 8, 2015, Law360
Mark Young is quoted in a Law360 article discussing the EU Network and Information Security Directive, which sets a cybersecurity and breach reporting baseline for both critical infrastructure operators, as well as digital service providers. This directive, which is the first of its kind, comes after two years of negotiations. According to Young, “There’s going ...
December 8, 2015
NEW YORK, December 8, 2015 - Covington represented Ascension, the nation’s leading Catholic and non-profit health system, in a $200 million investment transaction with TowerBrook Capital Partners in Accretive Health, a leading provider of revenue cycle management services to healthcare providers. The transaction is expected to close in the first quarter of ...
December 4, 2015, Policy and Regulatory Report
Kenny Henderson is quoted extensively in a PaRR article discussing the delay in opt-out class actions under the UK Competition Appeal Tribunal’s (CAT) new collective damages regime. Henderson argues that the claims have not materialised "because of uncertainty created by the transitional limitation regime."
December 3, 2015, Law360
December 2, 2015, Covington Alert
December 2015, E-Commerce Law and Policy
November 24, 2015, The Register
Dan Cooper is quoted by The Register in an article discussing the uncertainty and complications continuing to surround the Schrems decision that derailed Safe Harbour. Cooper stated that his business clients were both “surprise[d] and shock[ed]” by the European Court’s decision. “Businesses felt like the rug had been pulled out from under them,” said Cooper. ...
November 23, 2015
LONDON, November 23, 2015 — Covington represented Allergy Therapeutics, the AIM-listed specialty pharmaceutical company specializing in allergy vaccines, in the placement of ordinary shares raising approximately £11.5 million. The placement was conducted through an accelerated bookbuilding process with Panmure Gordon & Co acting as financial adviser, nominated ...
November 18, 2015
WASHINGTON, DC, November 18, 2015 - The Human Rights Campaign Foundation (HRC) has awarded Covington a perfect score of 100 percent for the eighth consecutive year on its Corporate Equality Index, a national benchmarking survey and report on corporate policies and practices related to LGBT workplace equality. Covington is among 400 major US businesses that ...
November 16, 2015
Covington hosted a media roundtable with Brick Court Chambers to discuss the UK class action regime, and the effect of rule 119 of the Competition Appeal Tribunal’s provision. The Times of London and Global Competition Review covered the discussion.
Kenny Henderson said the new rule doesn’t “fit the new environment” otherwise created by the Consumer Rights Act ...
November 12, 2015, Covington Alert
November 11, 2015, Global Competition Review
Johan Ysewyn is quoted in a Global Competition Review article discussing Belgium’s Competition Authority’s draft leniency guidelines that have been launched for public consultation. Ysewyn, who welcomed the guidelines, said the new draft policy is “definitely workable.” “Awarding natural persons being granted immunity regardless of the position in which they ...
November 11, 2015, Covington Alert
November 9, 2015, The Lawyer
London’s managing partner Christopher Walter discusses the allure of the London legal market to international law firms and how firms in London collaborate with other law firms on the continent in The Lawyer. Walter, who argues in favour of collaboration opportunities with key firms, states that “working with local firms gives us the resources and flexibility ...
November 5, 2015, Global Competition Review
Johan Ysewyn is quoted in a Global Competition Review article assessing Margrethe Vestager’s first year as European commissioner for competition. According to Ysewyn, “For the first time in quite a long while, [Europe has had] a combination of a commissioner who, I believe, understands the political nuances of competition law, and a director general who actually ...
November 1, 2015, Politico
Monika Kuschewsky is quoted in this Politico article discussing how the safe harbor ruling has caused confusion for many companies trying to find new ways to transfer data between the US and the EU. Kuschewsky states, “Companies are now left with not a lot of other alternatives. The fact that authorities have pronounced themselves but not with clarity is also a ...
October 29, 2015, Law360
Kenny Henderson is quoted by Law360 in this article about the London High Court’s dismissal of antitrust allegations Hausfeld LLP brought on behalf of members of a Chinese chamber of commerce. Henderson calls it a “cautionary tale” and “something firms are going to have to grapple with going forward because opt-out [class actions] are only possible for U.K. ...
October 16, 2015, Reuters
Monika Kuschewsky is quoted in this Reuters article discussing the three-month grace period established by European privacy regulators that will allow for the EU and US to create a new system for data transfer, without punishing companies in the interim. "The good news is that the European data protection authorities have agreed on a kind of grace period until ...
October 15, 2015, Law360
Special counsel Kenny Henderson is quoted in this Law360 article that discusses the new UK antitrust class action system. "The U.K. is really trailblazing here," said Henderson. "On a U.K. level, if the world from the U.K.'s perspective doesn't stop turning ... maybe there will be a push toward broadening the U.K. mechanism beyond antitrust litigation to ...
October 13, 2015, Bloomberg BNA
Henriette Tielemans is quoted in this BNA article that explores the idea of finding alternative means for the transfer of data with the elimination of Safe Harbor. Countries that require national data protection authority approval may find even more issues arise when trying to formulate new ways to navigate data transfer laws. Tielemans notes that the process ...
October 12, 2015, Covington Alert
October 6, 2015, Fortune
Brussels-based partner Henriette Tielemans is quoted in this Fortune article that discusses the effects of the highest E.U. court eliminating the U.S.-E.U. data transfer agreement known as the Safe Harbor Act. “Hindsight is a beautiful thing,” said Tielemans. “We must all remember that in 2015 things are different than they were in 2000.”
October 6, 2015, Covington Alert
October 2, 2015, The Washington Post
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 ...
October 1, 2015, Covington Alert
September-October 2015, CDR News
Brussels-based partner Peter Camesasca offers insight on how lawyers are advising claimants and defendants on the new UK class action regime in an article featured in the CDR News September-October 2015 issue. Camesasca says, “What we clearly do see is that there are a number of law firms who are touting this new regime very aggressively…these firms are seeing ...
September 30, 2015
NEW YORK - Covington advised the underwriters in the $106.1 million initial public offering by Austrian-based Nabriva Therapeutics AG of 10,350,000 million American Depositary Shares, representing 1,035,000 shares of Nabriva’s common stock. This was the first U.S. initial public offering by an Austrian company. The ADSs are now listed on the NASDAQ Global Market ...
September 30, 2015, Covington Alert
September 30, 2015, Reuters
Special counsel Monika Kuschewsky is quoted in a Reuters article discussing the awaited EU ruling on the U.S. data privacy pact. Although the Advocate General argues the Safe Harbor agreement should be scrapped following the Snowden leaks, Kuschewsky states, "The same issue would also still exist whatever other mechanism you use to transfer personal data. None ...
September 29, 2015, Law360
September 28, 2015, Financial Times
London partner Alex Leitch comments in a Financial Times article on the new UK legislation that will allow US-style class action lawsuits when there are breaches of competition law. If the rules are successful, lawyers predict class actions could be applied to other areas, said Mr. Leitch.
September 24, 2015, Covington Alert
September 23, 2015, InsidePrivacy Blog
September 14, 2015, Law360
September 14, 2015, Journal of European Competition Law & Practice
September 14, 2015
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 ...
September 14, 2015, The Law Society Gazette
September 10, 2015, Covington Alert
September 7, 2015, SCRIP Regulatory Affairs
Mr. Tosoni was quoted in this article.
September 4, 2015, Covington Alert
September 3, 2015
NEW YORK, September 3, 2015 — UCB and Lannett Company, Inc. announced they have entered into a definitive agreement providing for the acquisition of UCB’s U.S. specialty generics subsidiary, Kremers Urban Pharmaceuticals Inc., by Lannett. UCB will receive upfront cash proceeds of US $1.23 billion upon closing, which is subject to regulatory approval and other ...
September 2015, Arbitration World, Co-author
September 2015, Korean Journal of Competition
Autumn 2015, RM Professional
August 25, 2015, Covington Alert
August 17, 2015, Lawyer2B
August 2015, Data Protection Law & Policy
August 2015, Privacy Laws & Business
Article written by Covington's Lisa Peets and Ezra Steinhardt.
August 2015, JUVE
Quoting Adem Koyuncu on anti-corruption issues in the pharma sector.
August 2015, An Extract from The European Antitrust Review 2016
July 27, 2015, Bloomberg
Quoting Covington's Louise Nash.
July 27, 2015, Global Arbitration Review
July 23, 2015, Global Arbitration Review
A piece on our new arbitration app quoting Marney Cheek, Jeremy Wilson and Steve Bond and mentioning William Lowery’s and Catherine Karia’s roles in developing the app.
July 16, 2015, Politico
Quoting Peter Camesasca regarding the Innolux judgment.
7/10/2015, Covington Alert
July 9, 2015, Global Competition Review
July 2015, E-Commerce Law and Policy
July 2015, Tijdschrift voor Belgische Mededinging/Revue de la Concurrence Belge
July 2015, Competition Law Insight
Covington's Johan Ysewyn and Jiwon Choi wrote this Competition Law Insight piece.
July/August 2015, Legal Business
June 8, 2015, Financial Times
Covington's Daniel Cooper is quoted regarding the legal implications of wearables in the workplace:
“Historically European regulators in the data protection area have been very sceptical you can ever get a valid employee consent — they feel that for existing employees, [the relationship] is almost inherently coercive.”
April 22, 2015, GlobalPolicyWatch Blog
March 30, 2015, InsidePrivacy Blog
February 25, 2015, Global Competition Review
Covington'sPeter Camesasca is quoted regarding a Düsseldorf court confirming that the funding model used by Cartel Damage Claims (CDC) in its case against cement cartelists is illegal.
"Peter Camesasca, at Covington & Burling in Brussels, says while the ruling is good news for defendants in that it makes group actions in Germany more difficult, it goes against ...
February 12, 2015, Global Arbitration Review
Covington's Steve Fagell is quoted regarding the impact of a judge’s decision to reject the US DoJ’s deferred prosecution agreement with Dutch aerospace company Fokker.
"Judge Leon and Judge Gleeson’s diverging view on the role of the judiciary in the settlement process open up questions on “how any judge will exercise his or her discretion, and if they are ...
January 10, 2015, European Voice
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 ...
2015, Webinar, 24th Annual EU Pharmaceutical Forum
December 15, 2014, CDR News
Covington partner Jeremy Wilson is quoted regarding the liberalization of Korea’s legal market:
"Marking the start of a five-year liberalisation process of its legal services sector, the move has spawned an influx of over 20 international firms opening offices in Seoul. With restrictions lifted on firms providing dual advice with domestic practices in 2013, the ...
December 5, 2014, The Washington Post
Covington partner Stuart Eizenstat is mentioned in this article regarding an agreement between the U.S. and France that will provide $60 million for payment of survivors deported by the French state railway to concentration camps, their spouses and heirs of survivors who have died between 1948 and today, in the United States, Israel and other countries outside ...
December 2014, White Collar Crime
Bruce Bennett, Keir Gumbs and David Lorello have authored an article on draft legislation in the U.K. titled “Reports on Payments to Governments Regulations 2014,” that would require mining, quarrying and logging companies registered in the U.K. to report payments they make to governments in all countries where they operate.
October 28, 2014, Law360
Andrea Zulli is featured in this article regarding his move to Covington:
"Andrea Zulli, who will join Covington's EU competition group as of counsel, advises clients in all aspects of EU, international and Italian competition law, including merger control, cartels and other restrictive practices, antitrust compliance and abuses of a dominant position."
October 27, 2014, GCR
This article features Andrea Zulli, who recently joined Covington's EU competition group:
Zulli, 40, will work mainly in pharmaceuticals and life sciences sectors in his new firm. He says it was a hard decision to leave Norton Rose – where he was local partner – but ultimately he wanted to return to Brussels – “the heart of antitrust in Europe”.
“Not only ...
October 20, 2014, The Washington Post
"Covington & Burling of the District appointed Ashley Bass, Robin Blaney, Krista Carver, Jeffrey Davidson, Nicole Duclos, Shankar Duraiswamy, Scott Freling, David Garr, Jason Goldberg, Andrew Lazerow, Michael Lechliter, Anne Lee, Scott Schrader, Nathan Shafroth and Ranganath Sudarshan partners."
October 17, 2014, The Lawyer
Partners Louise Nash and Simon Amies are mentioned in this article regarding their representation of Qualcomm:
"Covington & Burling advised US mobile phone chipmaker Qualcomm and Slaughter and May advised tech firm CSR on the US company’s £1.6bn takeover of the British company, which will increase Qualcomm’s presence in the UK."
September 22, 2014, Commercial Dispute Resolution
Covington's Peter Camesasca, Johan Ysewyn, Melissa Van Schoorisse, Jennifer Boudet, Miranda Cole, Henriette Tielemans, Sebastian Vos, and Jean De Ruyt are mentioned in this article on the growth of Covington's Brussels office:
"April was a busy month for Covington & Burling’s competition lawyers, marking, as it did, the welcome return of Peter Camesasca – who ...
September 16, 2014, CDR
Covington partners Marney Cheek and Jonathan Gimblett are featured in this article regarding their representation of Yukos minority shareholders:
“The writing is on the wall. Once again, Russia has been held accountable for its actions,” Marney Cheek, a Covington & Burling partner who represented the Spanish investors, tells CDR.
Indeed, Jonathan Gimblett, ...
September 12, 2014, Legal Business
September 12, 2014, Global Arbitration Review
The articles above reference the Stockholm District Court dismissing the Russian Federation’s jurisdictional challenge to a previous arbitration ruling that ordered Russia to compensate a group of Spanish investors for the losses they suffered when the government expropriated the Yukos Oil Company, one of the largest oil and gas companies in the world. The ...
September 2014, Money Laundering Bulletin
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 ...
August 8, 2014, Roll Call
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, ...
August 5, 2014, Law360
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 ...
July 30, 2014, Bloomberg
July 30, 2014, Legal Business
Lucinda Osborne, Gregor Frizzell, Christopher Walter and Miranda Cole are mentioned regarding their representation of AstraZeneca on its £1.2bn acquisition of Spanish healthcare group Almirall’s respiratory unit.
July 11, 2014, Law360
Jeremy Wilson and William Lowery have authored this article on the allegations that Naftogaz has failed to pay $4.5 billion for gas that Gazprom has already delivered to Naftogaz.
"On June 16, 2014, Gazprom announced that it had commenced arbitration proceedings against Naftogaz under the Stockholm Chamber of Commerce rules alleging that Naftogaz has failed to ...
June 16, 2014, Bloomberg
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 ...
June 12, 2014, Politico
"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, former EU Parliament member Wim van Velzen ...
June 12, 2014, The Lawyer
Sebastian Vos is feautured in this article regarding his recent move to Covington in the firm's Brussels office.
June 4, 2014, Bloomberg TV
Covington's Stuart Eizenstat appeared on Bloomberg TV's Bottom Line to discuss Russian President Vladimir Putin's goals for Ukraine.
April 30, 2014, Law360
April 30, 2014, GCR
Covington partners Peter Camesasca and Johan Ysewyn are featured in the articles above regarding their move to the firm's Brussels office.
April 7, 2014, The Lawyer
Covington's Paul Claydon, Natalie Walter, Guy Dingley, and Sarah Hoult are mentioned regarding their representation of Horizon Discovery on their IPO.
April 1, 2014, Vanity Fair
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, ...
March 13, 2014, Law360
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 ...
2013, Competition Law Insight