Covington & Burling LLP operates as a limited liability partnership worldwide, with the practice in England and Wales conducted by an affiliated
limited liability multinational partnership, Covington & Burling LLP, which is formed under the laws of the State of Delaware in the United States
and authorized and regulated by the Solicitors Regulation Authority with registration number 77071..
Jim Garland’s practice focuses on government investigations and enforcement matters, litigation, and cybersecurity. Recognized by Chambers USA as a leading practitioner in both the white collar and cybersecurity categories, Jim draws upon his experience as a former senior Justice Department official to advise clients on sensitive, multidimensional disputes and investigations, often with national security implications. He previously served as co-chair of Covington’s “Band 1”-ranked White Collar and Investigations Practice Group and currently is a member of the firm’s Management and Executive Committees.
Jim regularly represents corporate and individual clients in government investigations and enforcement actions. He has successfully handled matters involving allegations of economic espionage, theft of trade secrets, terrorism-financing, sanctions and export control violations, money laundering, foreign bribery, public corruption, fraud, and obstruction of justice. He has particular expertise advising clients in connection with investigations and disputes involving electronic surveillance and law enforcement access to digital evidence.
Jim has substantial experience litigating high-stakes, multidimensional disputes for clients across a range of industries, including companies in the high-tech, financial services, defense, transportation, media and entertainment, and life sciences sectors. Many of his civil representations have substantial cross-border dimensions or involve parallel government enforcement proceedings in multiple forums.
In conjunction with his investigations and litigation practice, Jim regularly assists clients with cybersecurity preparedness and incident-response matters. He helps clients in assessing security controls and in developing policies and procedures for the protection of sensitive corporate data. He also regularly assists companies in responding to significant cybersecurity incidents, including in connection with criminal and state-sponsored attacks targeting customer and employee data, financial information, and trade secrets.
From 2009 to 2010, Jim served as Deputy Chief of Staff and Counselor to Attorney General Eric Holder at the U.S. Department of Justice. In that role, he advised the Attorney General on a range of enforcement issues, with an emphasis on criminal, cybersecurity, and surveillance matters.
Representation of leading global technology company in federal investigation of alleged export controls violations.
Representation of international financial institution in federal money laundering investigation.
Representation of leading global technology company in state and federal fraud investigations and related regulatory inquiries.
Representation of financial institution executive in federal securities fraud investigation.
Representation of leading apparel company in federal corruption investigation.
Representation of a leading U.S. financial institution in a federal mortgage fraud investigation.
Representation of a global transportation and logistics company in connection with federal investigations into government contract compliance and related suspension and debarment proceedings.
Representation of a global agricultural company in connection with alleged violations of U.S. terrorism-financing laws.
Representation of a former executive of a global financial institution in a federal wire fraud investigation into the alleged manipulation of LIBOR.
Representation of an individual in connection with a federal investigation into the accidental crash-landing of a drone on the White House lawn.
Representation of a former U.S. intelligence officer in connection with a federal investigation into the alleged misappropriation of government property.
Representation of an individual health care provider in connection with a federal public corruption investigation.
Litigation and Compliance Matters
Representation of Microsoft Corporation in a successful constitutional challenge to the federal statute that allows courts to forbid technology companies from informing their customers about government demands for private emails and documents. See Microsoft Corp. v. U.S. Department of Justice, 2:16-cv-538-JLR (W.D. Wash.). The lawsuit resulted in nationwide reform of the government's practices under the statute.
Representation of Microsoft Corporation in litigation challenging a U.S. search warrant seeking customer emails stored in Ireland. See In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation, No. 14-2985-cv (2d Cir. July 14, 2016).
Representation of multiple technology companies in Foreign Intelligence Surveillance Court litigation challenging restrictions on company disclosures about government surveillance. See In re Motion to Disclose Aggregate Data Regarding FISA Orders, Misc. No. 13-04 (FISA Ct. 2014).
Representation of Microsoft in a constitutional challenge to a “national security letter” issued by the FBI, resulting in the withdrawal of the letter. In re National Security Letter, 13-cv-01048 (W.D. Wash. 2014).
Representation of leading technology companies in litigation and related compliance matters arising out of highly publicized unauthorized disclosures of classified U.S. intelligence information.
Representation of the National Football League in connection with labor and antitrust disputes arising out of the expiration of the NFL Collective Bargaining Agreement. See Brady v. NFL, 644 F.3d 661 (8th Cir. 2011).
Representation of a leading technology company in connection with potential litigation arising out of a CFIUS dispute.
Representation of a leading technology companies and non-profit organizations in connection with efforts to prevent the sexual exploitation of children on the Internet.
Representation of a global financial institution in federal securities fraud litigation arising out of the default of more than $2 billion in asset-back securities.
Representation of the NFL in contract litigation concerning cable carriage of the NFL Network.
Representation of the NFL in a suit brought by the Oakland Raiders alleging tortious interference with the Raiders’ efforts to construct a new stadium in Los Angeles. See Oakland Raiders v. National Football League, 41 Cal. 4th 624 (2007) (reinstating NFL jury verdict).
Representation of the NFL in federal antitrust actions challenging the League’s franchise relocation and expansion rules. See Hamilton County Board of Commissioners v. National Football League, 491 F.3d 310 (6th Cir. 2007) (affirming summary judgment for NFL); Warnock v. National Football League, 2005 U.S. App. LEXIS 24167 (3d Cir. Oct. 21, 2005) (affirming dismissal for NFL).
Representation of the NFL in a federal antitrust action challenging the League’s college draft eligibility rules. See Clarett v. National Football League, 369 F.3d 124 (2d Cir. 2004) (reversing and ordering summary judgment for NFL).
Trial and appellate defense of Northrop Grumman Corporation in a trade secrets and breach-of-contract action.
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