中国

October 23, 2020, Covington Alert

On October 21, 2020, the National People's Congress (“NPC”), China’s top legislative body, released its first draft of the Personal Information Protection Law (the “Draft Law”) for public comment (official Chinese version available here).  The period for public comment ends on November 19, 2020 and comments can be submitted through NPC’s official website.    

October 21, 2020, Covington Alert

Recently, the Standing Committee of the National People’s Congress of China approved an amendment to the Patent Law.  The amended Patent Law is slated to take effect on June 1, 2021. Most notable among the 29 amended provisions are changes to rules for patent litigation. Below are some highlights that we believe may particularly interest international companies ...

2020年10月19日, 科文顿电子期刊

2020年10月17日，中国颁布了《出口管制法》（“这部法律”，或“该法律”）。中国现有的出口管制规则分散于诸多法律、法规和多个部门发布的管理办法中。这部法律在此基础上建立了一个统一的出口管制体系，以促进中国政府维护国家安全和利益和履行防扩散的国际义务。尽管这部法律制定了中国出口管制的法律框架，但对于这一体系将如何在实践中运作, 该法在有些关键问题上并未给出明确指引，比如其条款将如何在中国境外适用。

September 23, 2020, Global Policy Watch

As tensions continue to rise between China and the United States, the Chinese government has taken a step forward in actualizing the “Unreliable Entity List,” first announced by China’s Ministry of Commerce on May 31, 2019, following the addition of Huawei and affiliates to the U.S. Commerce Department’s “Entity List.” Now, as the U.S. government...… Continue ...

September 21, 2020, Covington Alert

On September 19, 2020, China’s Ministry of Commerce ("MOFCOM") issued regulations that provide new details on the government’s plans for an “Unreliable Entity List” first proposed in May 2019.

September 17, 2020, Covington Alert

On September 14, 2020, U.S. Customs and Border Protection (CBP) announced five Withhold Release Orders (WROs) against products from certain factories and companies doing business primarily in the Xinjiang Uyghur Autonomous Region (XUAR) of China based on allegations of forced labor. CBP and other U.S. government departments and agencies have repeatedly stated ...

September 2020, Covington Advisory

August 20, 2020, Covington Alert

The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its Annual Report to Congress regarding its review of certain transactions involving foreign investment during 2019. The current Annual Report was released just two and a half months after the previous Annual Report, covering 2018, demonstrating the Committee has ...

July 14, 2020, Covington Alert

On July 3, 2020, the Standing Committee of the National People’s Congress (“NPC”) of China published a second draft amendment (the “Draft”) on the Patent Law of the People’s Republic of China (“Patent Law”). Most notably among the Draft’s proposed 29 revisions to the Patent Law, the Draft includes high-level provisions that would establish a framework for early ...

July 9, 2020, Covington Alert

China has published a near-final draft of a new Export Control Law that, if enacted as drafted, would build upon China’s existing export control regulations, which are scattered across multiple laws, administrative regulations, and implementation rules, with the goal of creating a unified export control system to promote China’s commitment to nonproliferation ...

July 8, 2020, Covington Alert

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

June 22, 2020, Covington Alert

On June 10, 2020, the PRC Supreme People’s Court (“SPC”) issued its proposed Interpretation on Certain Issues in Applications of Law in Adjudicating Civil Trade Secret Cases (Draft for Public Comments) (hereinafter the “Draft” or “Draft Judicial Interpretation”) . The Draft includes significant developments in China’s trade secret law following the Economic and ...

June 9, 2020, Covington Alert

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

May 29, 2020, Covington Alert

On May 27, Secretary of State Michael Pompeo certified to Congress pursuant to the Hong Kong Human Rights and Democracy Act of 2019 that "Hong Kong does not continue to warrant treatment under United States laws in the same manner as U.S. laws were applied to Hong Kong before July 1997." In a statement, Secretary Pompeo attributed this action to the announced ...

2020年5月21日, 科文顿电子期刊

为了进一步限制中国企业华为技术有限公司获得利用美国半导体软件和技术制造的产品，美国商务部工业与安全局（BIS）于2020年5月15日发布了一项暂行最终规则，将美国出口管制范围扩大和延伸至某些非美国物项, 如果该物项的接收方是华为或其被列入BIS实体清单的关联方。

May 2020, Covington Alert

On April 13, 2020, China’s National Healthcare Security Administration (“NHSA”) released a draft opinion titled “Guiding Opinions on Establishment of a Drug Pricing and Procurement Creditworthiness System (the “Draft Opinion”; Covington’s translation is available here) setting forth proposed requirements for a creditworthiness evaluation and disciplinary system ...

April 29, 2020, Covington Alert

On March 30, 2020, the State Administration of Market Regulation of China, the parent agency of the National Medical Products Administration (NMPA), released a revised Drug Registration Regulation (Revised DRR).

April 29, 2020, Covington Alert

On April 28, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published two final rules and one proposed rule to modify certain license exceptions and definitions in the Export Administration Regulations (“EAR”) (15 CFR Parts 730 – 774), based on concern that sensitive products and technologies were being diverted to military uses ...

2020年4月27日, 科文顿电子期刊

就合规体系而言，企业应当自问五个关键问题以确保其体系已准备好应对任何危机（包括新冠病毒全球疫情，下称“新冠疫情”）以及当前及未来的业务中断。

April 6, 2020, Covington Alert

This alert provides an update on the regulatory measures regarding medical-use and industrial-use personal protective equipment (PPE) from China to combat COVID-19, including a brief summary of measures the U.S. Food and Drug Administration (U.S. FDA) is taking to facilitate import of PPE from China into the United States. The regulatory guidance from both ...

March 9, 2020, Covington Alert

As we reported this past Friday, on March 6, 2020, President Trump issued only the sixth Executive Order (the “Order”) in history formally prohibiting the acquisition of a U.S. business by a foreign person, pursuant to the authorities that allow the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) to review foreign mergers and ...

2020年3月4日, 科文顿电子期刊

本期刊是关于联邦地区法院对英国公民、法国电力和交通公司阿尔斯通公司（下称“阿尔斯通”）前高级副总裁劳伦斯·霍金斯被指控FCPA相关贿赂和密谋一案所作无罪判决的概述。阿尔斯通于2014年就两项违反FCPA的罪名认罪，这些罪名涉及包含霍金斯被指控行为的一项全球范围的贿赂密谋。就其认罪请求，阿尔斯通支付了7.72亿美元的刑事罚金。

February 26, 2020, Global Policy Watch

Tim Stratford delivered this testimony before the the U.S. House Committee on Ways and Means February 26, 2020: Chairman Neal, Ranking Member Brady, and distinguished members of this committee, thank you for the opportunity to share my assessment of the U.S.-China economic relationship following conclusion of the Phase One trade agreement between our two ...

January 17, 2020, Global Policy Watch

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

January 17, 2020, Covington Alert

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

December 13, 2019, Covington Alert

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

December 6, 2019, Covington Alert

The General Office of the CPC Central Committee and the General Office of the State Council of China jointly published Opinions on Strengthening Intellectual Property Protection (“Opinion”) on November 24, 2019, with the purpose of effectively deterring the occurrence of IP infringement by 2020. The Opinion provides specific and concrete guidelines to strengthen ...

December 5, 2019, Global Policy Watch

A main weapon that the United States has used in the ongoing trade war with China has been import tariffs that target Chinese goods. Many U.S. companies are considering moving their supply chains out of China in the hopes that, if they are not importing goods from China, they can avoid these tariffs. In a recent article,...… Continue Reading

November 15, 2019, Law360

October 31, 2019, Covington Alert

On October 26, 2019, China enacted a landmark Encryption Law, which will take effect on January 1, 2020. The Encryption Law significantly reshapes the regulatory landscape for commercial encryption, including foreign-made commercial encryption products, but leaves many questions to be answered in future implementing regulations.

October 21, 2019, Covington Alert

On October 18, 2019, the U.S. Administration announced the launch of a new product-specific exclusion request process for tariffs on approximately $112 billion in Chinese imports that were imposed on September 1, 2019. The exclusion process will close on January 31, 2020, and its requirements are similar to those applicable to the latest exclusion process for an ...

October 15, 2019, Global Policy Watch

President Trump last Friday announced tentative agreement on the first installment of a possible multi-stage deal to end the year and a half trade war between the United States and China. “The deal I just made with China is, by far, the greatest and biggest deal ever made for our Great Patriot Farmers in the...… Continue Reading

2019年10月11日, 科文顿电子期刊

2019年9月27日，美国证券交易委员会（下称“证交会”）宣布与西科燃料系统公司（Westport Fuel Systems, Inc.）（下称“西科”）及其前执行总裁Nancy Gougarty以410万美元达成和解。总部在加拿大温哥华的西科是一家股票在纳斯达克上市的清洁能源技术公司。证交会的停止和禁止令认定，西科和Gougarty违反了美国反海外腐败法（下称“FCPA”）的反贿赂、账簿和记录以及内部控制规定，且Gougarty导致了西科的某些违规行为。

October 10, 2019, Global Policy Watch

The Syrian Civil War entered a new phase this week, with the US ending its support for the Syrian Democratic Forces (“SDF”) – a political movement of mixed ethnicities and religions organized around the Syrian Kurdish Democratic Union Party and its paramilitaries – in advance of a large-scale Turkish military operation in northeastern Syria. In...… Continue ...

October 10, 2019, Covington Alert

On October 9, the U.S. Department of Commerce issued a Final Rule adding 20 Chinese government entities and eight Chinese private sector entities (“Listed Entities”) to the Entity List maintained by the Commerce Department’s Bureau of Industry and Security (“BIS”).

2019年9月9日, 科文顿电子期刊

2019年8月26日，中国全国人民代表大会常务委员会（“人大常委会” ）通过了《药品管理法》的重大修订版。新通过的《药品管理法》（下称“修订版《药品管理法》”）将于2019年12月1日生效。修订版《药品管理法》是该法自2001年以来的首次大幅修订。

September 5, 2019, The FCPA Blog

August 30, 2019, Covington Alert

On August 27 and 29, 2019, the U.S. Administration released notices concerning increases in certain tariffs on Chinese imports, marking the latest escalation in bilateral trade frictions.

August 28, 2019, Covington Alert

On August 23, 2019, President Donald J. Trump tweeted: "Our great American companies are hereby ordered to immediately start looking for an alternative to China, including bringing . . . your companies HOME and making your products in the USA."

July 17, 2019, Covington Alert

On July 5, 2019, China’s Standing Committee of the National People's Congress (NPC) published a new draft Encryption Law (“the draft Law”) for public comment. The draft Law, if enacted as drafted, would bring significant new changes to China’s commercial encryption regime.

July 8, 2019, Global Policy Watch

As was widely predicted, and perhaps predictable, Presidents Trump and Xi have agreed, again, to restart trade negotiations.  President Trump says things are re-starting “where they left off.”  Relieved that the talks netted agreement not to impose new tariffs, some easing of the administration’s ban on U.S. sales to tech behemoth Huawei and, potentially, ...

June 21, 2019, Covington Alert

Earlier this week, the Office of the U.S. Trade Representative (USTR) announced a process through which companies can request that their products be excluded from duties imposed on $200 billion in Chinese imports under Section 301 of the Tariff Act of 1974 (Section 301). Tariffs on these imports have been in effect since September 2018, and recently increased ...

June 18, 2019, Covington Alert

On June 10, 2019, the State Council (China’s chief executive agency) promulgated the long-awaited Regulation on the Administration of Human Genetic Resources (the “Regulation”), which will become effective on July 1, 2019.  The Regulation supersedes the currently effective regulations and guidance on human genetic resources (“HGR”).  

June 18, 2019, GIR - The Guide to Cyber Investigations

May 23, 2019, Law360

May 14, 2019, Covington Alert

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

May 8, 2019, Global Policy Watch

The Department of Defense (“DoD” or “the Department”) released its annual report to Congress on the Military and Security Developments Involving the People’s Republic of China (“PRC”) on May 2, 2019. This annual report details DoD’s assessment of Chinese security strategy and military strategy over the next 20 years, with a particular focus on China’s...… ...

May 8, 2019, Covington Alert

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

2016年4月, 科文顿电子期刊

本文介绍了美国法律下的律师－客户特权以及在中国进行内部调查中应该注意的事项，以维持该特权和避免无意放弃该特权的保护。

April 29, 2019, Global Policy Watch

On April 23, 2019, the Standing Committee of the National People’s Congress of China passed a bill amending China’s Anti-Unfair Competition Law (“AUCL”). Changes made by the amendment bill took effect on the same day. Further to the last amendment to the AUCL in 2017, the newly introduced burden-of-proof shifting and punitive damages rules will significantly...… ...

April 25, 2019, Global Policy Watch

The U.S. government is now considering how to define potential new export controls on “emerging technologies.” Our article in the China Business Review explains the legislative context informing the current rulemaking process, highlights key themes in public comments submitted by stakeholders in response to an initial request for input, and offers ...

April 25, 2019, Covington Alert

On April 23, 2019, the Standing Committee of the National People’s Congress of China passed a bill amending China’s Anti-Unfair Competition Law (“AUCL”). Changes made by the amendment bill took effect on the same day. Further to the last amendment to the AUCL in 2017, the newly introduced burden-of-proof shifting and punitive damages rules will significantly ...

April 17, 2019, China Business Review

April 8, 2019, Covington Alert

On March 15, 2019, China’s National People’s Congress voted to adopt a new Foreign Investment Law (the “FIL”).  The FIL will come into effect on January 1, 2020 and may significantly change China’s framework for regulating foreign investment.  Foreign invested entities (“FIEs”) established prior to the FIL’s effective date will have five years to amend their ...

March 11, 2019, Covington Alert

This alert summarizes the major antitrust/competition developments in 2018 and offers a view on what to expect in 2019 in the U.S., EU and China.

March 4, 2019, Covington Alert

On December 29, 2018, the State Council (China’s chief executive agency) opened a new pathway for drugs to come into China through a special zone in southern China. It suspended certain central regulations in the Bo Ao Lecheng International Medical Tourism Pilot Zone in Hainan Province (“Pilot Zone”) and permitted local authorities to make marketing decisions ...

February 19, 2019, Covington Alert

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

February 11, 2019, Covington Alert

On February 1, 2019, China’s National Information Security Standardization Technical Committee (“TC260”) released a set of amendments to GB/T 35273-2017 Information Technology – Personal Information Security Specification (“the Standard”) for public comment. The comment period ends on March 3.

February 2019, Covington Alert

This International Employment Update summarises recent international employment law developments in China, France, Germany, Russia, the United Kingdom and the United States.

January 16, 2019, Project Finance International

January 10, 2019, Covington Alert

On January 4, 2019, the Standing Committee of the National People’s Congress ( “NPC”) of China published a draft amendment to the Patent Law (the “Draft”) for public comment. While this draft is not yet final, it indicates China is taking concrete steps to help patent holders with the exercise of their rights.

January 2, 2019, Covington Alert

The past year was a particularly significant one for the development of Chinese privacy law. During 2018, the Chinese government systematically established the country’s regulatory requirements for cybersecurity and data privacy and continued to implement the Cybersecurity Law, which took effect on June 1, 2017.

December 3, 2018, Covington Alert

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

November 27, 2018, Covington Alert

On October 26, 2018, the Standing Committee of the People’s National Congress of the People's Republic of China (PRC) passed Decisions on Several Procedural Issues Relating to Patent and Other Intellectual Property Cases (the Appellate Rules), which will give the Supreme Court jurisdiction over patent and other complex technical IP cases (the Designated Subject ...

November 14, 2018, Covington Alert

China recently amended its Criminal Procedure Law (CPL) to codify rules encouraging cooperation in government investigations, align with the new national supervision system, and introduce trials in absentia for certain crimes, including bribery and corruption.

November 8, 2018, Covington Alert

Last week, the U.S. Department of Justice announced a new “China Initiative.” According to the press release, the Initiative “reflects the Department’s strategic priority of countering Chinese national security threats and reinforces the President’s overall national security strategy.”

September 18, 2018, Covington Alert

On September 17, 2018, the Office of the U.S. Trade Representative (USTR) released its final list of approximately $200 billion in Chinese imports subject to an additional ad valorem tariff. The final list, which covers 5,745 product categories, will take effect on September 24, 2018.

August 8, 2018

The Trump Administration has released its final list of approximately $16 billion in Chinese imports that will be subject to an additional 25 percent ad valorem tariff, which will go into effect on August 23, 2018. The Administration has announced that it will provide an opportunity to request that "particular products" subject to the additional duties be ...

July 30, 2018, Covington Alert

On May 24, 2018, China filled the top positions at the State Bureau of Film (Film Bureau) and State Administration of Press and Publication (SAPP). Both appointments fill vacancies created by the dismantling of the State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) and continue apparent Communist Party of China (CPC) efforts to ...

July 11, 2018, Covington Alert

Last night, the Office of the U.S. Trade Representative (“USTR”) released a new proposed list of $200 billion worth of products from China that could face an additional 10 percent ad valorem tariff. The list covers 6,031 product categories, including a multitude of consumer goods such as luggage, tires, furniture, apparel, mattresses, household goods, components ...

July 10, 2018, Covington Alert

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

July 6, 2018, Law360

Lee Tiedrich's comments from the U.S.-China AI Tech Summit are highlighted in this Law360 article providing a roundup of the top corporate news stories from the past week. According to Tiedrich, there’s a recognition that the new technology brings new legal challenges.

July 5, 2018, Covington Alert

On June 27, 2018, China’s Ministry of Public Security (“MPS”) released for public comment a draft of the Regulations on Cybersecurity Multi-level Protection Scheme (“the Draft Regulation”). The highly anticipated Draft Regulation sets out the details of an updated Multi-level Protection Scheme, whereby network operators (defined below) are required to comply ...

July 4, 2018, The Wall Street Journal

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

July 3, 2018, South China Morning Post

Ruixue Ran is quoted in a South China Morning Post article regarding how the result of the recent U.S. steel investigation should encourage Chinese companies to use the American legal system to settle disputes. According to Ran, the case was the first of its kind against Chinese steel products and the first time Chinese companies had won a trade secrets case ...

July 2, 2018, The Recorder

Lee Tiedrich recently spoke at the U.S.-China AI Tech Summit and is quoted by The Recorder in an article examining the pros and cons of introducing AI into the judicial process. According to Tiedrich, AI in the justice system also implicates questions of transparency and intellectual property. In cases where it’s alleged that AI perpetuates hiring discrimination ...

July 2, 2018, Law360

Lee Tiedrich recently spoke at the U.S.-China AI Tech Summit to discuss "AI in the Law" and is quoted in a Law360 article. According to Tiedrich, there is a recognition that the new technology brings new legal challenges. “One issue that’s been getting a lot of attention in the United States is whether and to what extent AI applications need to provide ...

June 27, 2018, Covington Alert

We write to report on two important developments regarding the Foreign Investment Risk Review Modernization Act (FIRRMA), a bi-partisan effort to reform the Committee on Foreign Investment in the United States (CFIUS), and the broader policy debate within the U.S. government on regulatory mechanisms to address foreign investment, particularly from China. On June ...

June 27, 2018, CNBC

Witney Schneidman appeared on CNBC to discuss China's presence in Africa.

June 20, 2018, CGTN

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

June 15, 2018, Covington Alert

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

June 15, 2018, Bloomberg Daybreak: Americas

John Veroneau appeared on "Bloomberg Daybreak: Americas" to discuss the U.S. announcement of a target list of Chinese goods as part of tariffs on $50 billion of Chinese imports.

June 13, 2018

WASHINGTON—On June 9, 2018, Genworth Financial, Inc. ("Genworth") announced that the Committee on Foreign Investment in the United States ("CFIUS") had cleared its $2.7 billion acquisition by China Oceanwide. Covington represented Genworth in securing CFIUS approval, which is the largest China-related transaction approved in the Trump Administration. Reuters ...

May 24, 2018

Tim Stratford, a former Assistant U.S. Trade Representative and current managing partner of Covington's Beijing office, says we stand at a "crossroads in U.S.-China relations and the future of the international trading system." Learn more about the new U.S. approach with China, its potential impacts, and what role the private sector can play. Q: Why have trade ...

May 9, 2018, CGTN

Witney Schneidman appeared on CGTN’s The Heat to discuss “China and the West in Africa.”

May 8, 2018, Covington Alert

It has been publicly reported that the Trump Administration is considering invoking the International Emergency Economic Powers Act (IEEPA) to further regulate—and in certain areas potentially preclude—Chinese direct investment in the United States, beyond the authorities exercised by the Committee on Foreign Investment in the United States (CFIUS). The prospect ...

May 4, 2018, Covington Alert

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

April 26, 2018, Covington Alert

On April 23, 2018, Dun & Bradstreet Corporation (“D&B”), a professional services company providing credit reporting information and other commercial data to businesses, agreed to pay more than $9 million in connection with a cease and desist order with the U.S. Securities and Exchange Commission (“SEC”) to settle allegations that it violated the books and ...

April 20, 2018, Covington Alert

On April 15, 2018, the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) lifted its suspension of a denial order against two companies, Zhongxing Telecommunications Equipment Corporation of Shenzhen, China (“ZTE Corporation”) and ZTE Kangxun Telecommunications Ltd. of Hi-New Shenzhen, China (“ZTE Kangxun,” and together with ZTE Corporation, ...

April 16, 2018, The Hill

April 9, 2018, CGTN

Ruixue Ran appeared on CGTN to discuss a recent victory on behalf of China's steel sector following a decision by the ITC to terminate a Section 337 investigation into Chinese steel products. According to Ran, who represented Chinese steel companies including Baosteel in the case, "While defending the trade secret misappropriation claim, we spent massive energy ...

April 4, 2018, Covington Alert

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

April 1, 2018, Financial Times

Yan Luo is quoted in a Financial Times article regarding survey findings that suggest that more than half of Chinese internet finance lenders are failing to comply with data privacy regulations. According to Luo, “Investors should certainly expect more government scrutiny on their business model from a data protection perspective."

March 29, 2018, Covington Alert

China’s biggest government reorganization in a generation, coinciding with rapidly escalating U.S.-China trade tensions, will impact many aspects of doing business in China, including an uptick in anti-corruption enforcement.

March 27, 2018, Covington Alert

China has reorganized many of the ministries and commissions under its chief executive body, the State Council, creating a new super-ministry to replace the China Food and Drug Administration (“CFDA”) and other healthcare agencies.

March 23, 2018, The American Lawyer

Derek Ludwin and James O'Connell are quoted by The American Lawyer in an article examining a decision by the ITC stating that United States Steel cannot bring antitrust claims against 40 Chinese steel manufacturers over alleged price-fixing. Ludwin, who represents Baosteel America with O'Connell and Sturgis Sobin, says that even though Section 337 is not often ...

March 22, 2018, Covington Alert

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

March 22, 2018, CNBC

Timothy Stratford is quoted in a CNBC article regarding China's response to U.S. tariffs on Chinese imports. "They want to show that they have taken note of U.S. actions and are going to be strongly resisting, but they don't want to be seen as escalating things further," says Stratford. "The Chinese recognize that everyone has a lot to learn if the U.S. and ...

March 22, 2018, CNBC

Timothy Stratford appeared on CNBC to discuss China's response to U.S. tariffs. "Well I think the Chinese have consistently been quite measured. I think they recognize that everyone has a lot to learn if the U.S. and China move into a trade war."

March 21, 2018, The Wall Street Journal

Timothy Stratford is quoted by The Wall Street Journal in an article regarding plans by China to impose tariffs in response to President Trump's punitive measures. According to Stratford, the current trade environment could prompt U.S. companies to reconsider the long-term importance of the Chinese market. “Gradually we may feel compelled to diversify until ...

March 15, 2018, Covington Alert

China has continued to develop its adjudicatory framework for intellectual property disputes with the establishment of three Intellectual Property Tribunals (“IP Tribunals”) this month. This reform began with the establishment of three specialized IP Courts in Beijing, Shanghai, and Guangzhou at the end of 2014, and has been furthered with the establishment of ...

March 15, 2018, Covington Alert

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

March 12, 2018, Politico

Timothy Hester is quoted in a Politico article regarding Christopher Adams' recent arrival as a Senior Advisor in Covington's Public Policy and Government Affairs and International Trade practices. “Chris’ addition further strengthens the firm’s China practice and deepens our expertise and capability to help clients in one of the world’s largest and most ...

March 12, 2018

华盛顿—安凯彬（Christopher Adams）先生已正式加入美国科文顿•柏灵律师事务所，担任本所华盛顿办公室公共政策和政府事务及国际贸易业务团队的高级顾问。安凯彬先生将专注于中国政策和贸易问题。 就在加入科文顿之前，安凯彬先生在美国财政部担任负责中国事务的高级协调员。他先后在奥巴马和特朗普政府期间，负责协调美国政府各部门涉及中国政策的诸项事宜，主导与中国政府间关于各类贸易和投资事项的谈判，并管理最高级别的中美经济政策对话机制，且他还负责向财政部长及其他内阁官员提供建议。 “安凯彬先生的加入进一步巩固了本所的中国业务能力，中国作为世界上最大也是最重要的市场之一，安凯彬先生无疑将对本所帮助中国客户处理法律问题的专业知识和能力锦上添花”，科文顿主席何思德（Timothy ...

March 7, 2018, CGTN

Timothy Stratford appeared in CGTN's "Dialogue with Yang Rui" to discuss President Trump's announced tariffs on steel and aluminum imports. According to Stratford, "Usually what happens when you impose these sorts of measures is you're trying to protect one particular industry but often the overall costs to the economy are great."

March 7, 2018

华盛顿—在《全球调查评论》和《法律名人录》2018年就调查领域联合编制的报告中，科文顿白领犯罪辩护和调查业务团队揽获多个奖项。科文顿合伙人Tammy Albarrán和费杰思（Steven Fagell）在该刊物主题为《未来领袖》的创刊号中均榜上有名，《未来领袖》评选的是“调查领域45岁以下最杰出的律师”，且兰尼•布鲁尔（Lanny Breuer）、柯礼晟（Eric Carlson）和埃里克•霍尔德（Eric ...

March 5, 2018

BEIJING—China Business Law Journal has recognized Covington as one of the top international law firms in the Entertainment & Sports category.  Covington’s Entertainment and Media practice in China has advised nearly every major Hollywood studio and many of the leading independents on their China activities and has been involved in some of the most significant ...

March 1, 2018, Financial Times

John Veroneau is quoted in a Financial Times article regarding President Trump's decision to impose new tariffs on imports of steel and aluminum. “This will either close the door on being able to self-define ‘national security’ or open the door on being able to block imports simply by waving the ‘national security’ flag," says Veroneau.

February 16, 2018, Financial Times

John Veroneau is quoted in a Financial Times article regarding U.S. Commerce Secretary Wilbur Ross' recommendation to impose a global tariff on imports of steel and aluminum. According to Veroneau, the “failure to categorically exclude Canada” and other allies “shows that this is not really about national security." He adds, “Section 232 is simply being used as ...

February 10, 2018, Talk with the Tiger

Timothy Stratford appeared on "Talk with the Tiger" to discuss U.S. policy towards China. According to Stratford, "Frankly I think that no matter who was going to be the new president of the United States, there were going to be some changes in the U.S. policy towards China."

February 1, 2018, Covington Alert

This International Employment Update summarises recent international employment law developments in China, India, Italy, Russia, the United Kingdom, and the United States.

January 24, 2018, South China Morning Post

Timothy Stratford is quoted in a South China Morning Post article regarding China's retaliatory options that might be considered if a trade war breaks out with the U.S. According to Stratford, there are a number of things that foreign companies could be worried about in terms of retaliatory action from China. “Some foreign companies may have a more difficult ...

January 23, 2018, South China Morning Post

Timothy Stratford is quoted in a South China Morning Post article regarding escalating trade tensions between the U.S. and China, and how the World Economic Forum in Davos might be a place for officials to discuss trade issues. "As far as we’ve been able to tell, there has been a strong debate going on at the most senior level in Washington on how to deal with ...

January 19, 2018, Law360

Covington was named a 2017 International Trade Group of the Year by Law360. According to Peter Lichtenbaum, the Bombardier trade remedies case, which "presents very significant economic, legal, and political issues," was one of the group's biggest from the past year. "The company remains confident that the ITC will conclude that Boeing will not be harmed by the ...

January 9, 2018, Covington Alert

2017 was another year of active enforcement globally—including in the U.S., despite the start of a new Presidential Administration touting an aggressive deregulatory agenda. Transactions in consolidated industries drew enforcement fire in both Europe and the United States (Dow/DuPont, ChemChina/Syngenta, Bayer/Monsanto, AT&T/TimeWarner). And, in March, the UK ...

January 1, 2018, Law360

Kristof Van Quathem and Yan Luo are quoted in a Law360 article regarding cybersecurity and privacy policies to watch in 2018. Commenting on the General Data Protection Regulation (GDPR), Van Quathem says that although one of the legislation's aims is to harmonize a splintered set of national data privacy laws within Europe, it may end up causing companies aiming ...

December 26, 2017

SILICON VALLEY—The Financial Times has recognized Covington among the most innovative firms in 2017 in the category of "Enabling Business Growth," for advising "Tencent in its acquisition of a $8.6bn majority stake in Supercell, the Finnish gaming company, while maintaining Supercell’s creative culture and retaining its employees by introducing incentive ...

December 21, 2017, Thailand Business News

Timothy Stratford participated in Asia House's inaugural Hong Kong event and is quoted in a Thailand Business News article providing highlights. Speaking on the panel discussing "Asia and the New Global Era," Stratford, said he “could not preclude a [U.S.] trade war with China” adding that member economies should resolve their differences through the World Trade ...

December 14, 2017, China Daily

John Veroneau is quoted in a China Daily article regarding the recently launched investigation into China's policy and practice of intellectual property under Section 301 of the U.S. Trade Act of 1974. Commenting on the potential negative impact of the action, Veroneau says that it will depend on how the U.S. threatens unilateral actions, in a full-blown way or ...

November 28, 2017, Global Trade Review

Timothy Stratford is quoted in a Global Trade Review article regarding the increased focus on globalization in Asia. According to Stratford, “If you look at the past 10 years and take the top 25 economies of the world, 550 million people have seen their incomes either stagnate or decline. There’s a feeling that whatever’s happening right now isn’t working, so ...

November 24, 2017, Covington Alert

Earlier this month, China’s National Development and Reform Commission (“NDRC”) released the draft Administrative Measures for Enterprise Outbound Investment (“Draft ODI Rules”) for public comment. Comments are due on December 3, 2017.  

November 13, 2017, Covington Alert

On November 7, 2017, the U.S. Department of Justice (“DOJ”) unsealed criminal charges against five individuals in connection with an alleged bribery scheme to assist Rolls-Royce plc (“Rolls-Royce” or the “Company”) in obtaining a US $145 million government contract to supply equipment and services for a gas pipeline from Kazakhstan to China.   

November 10, 2017, The Washington Post

Timothy Stratford is quoted by The Washington Post in an article regarding the impact of President Trump's trip to China. According to Stratford, "We haven't yet had the bandwidth in the U.S. Administration or the time to have detailed conversations with the Chinese side on market access and other systemic issues." He adds, "Unless you've had time to discuss ...

November 9, 2017, South China Morning Post

Timothy Stratford is quoted in a South China Morning Post article regarding the business deal between the U.S. and China following President Trump 's visit. According to Stratford, “No one should make the mistake of believing that the U.S. will now stop raising concerns about market access and other elements of the Chinese economic system that seriously impact ...

November 9, 2017, CGTN

Timothy Stratford appeared on CGTN's "The Point" to discuss the bilateral trade and investment deals recently signed by Chinese President Xi Jinping and President Donald Trump. According to Stratford, "It shows that the two governments are working very hard to try to demonstrate that the bilateral relationship is really beneficial to the people of both ...

November 6, 2017, Covington Alert

China has recently announced several initiatives to reform its regulation of drugs and medical devices that could have a significant impact on pharmaceutical and medical device companies doing business in China.

November 2, 2017, BioWorld MedTech

John Balzano is quoted in a BioWorld MedTech article regarding the decision by Chinese regulators to accept data from clinical trials conducted outside China for approvals of new drugs and medical devices. “In general, this statement is part of a long-term effort by the government and the China Food and Drug Administration that has been ongoing since 2015 to ...

October 25, 2017, CNBC

Mark Plotkin is quoted in a CNBC article regarding new legislation that would create tougher guidelines for foreign investment in the U.S. "Having been briefed on earlier versions of the proposal, I think that the current draft is substantially improved," says Plotkin. "It clearly reflects careful coordination and discussion among various stakeholders in the ...

October 13, 2017, Covington Alert

In a draft regulation released earlier this year, China proposed regulating the import, export, manufacture, sale, and use of “commercial encryption products,” building on a patchwork of regulations.1 These regulations have focused on restricting the import and use of encryption products produced by certain manufacturers, and many entities have expressed concern ...

October 3, 2017

BEIJING—China Law & Practice has named Covington as the international winner for “Trade Firm of the Year” at its annual awards ceremony in Beijing. The leading Chinese legal publication also recognized the firm for its role in the Technology, Media, and Telecom “Deal of the Year,” Tencent’s $8.6 billion acquisition of Supercell. The awards focus on “innovation ...

2017年9月26日, 《中国投资者》Vol.1, 第2期

September 22, 2017, Law360

Mark Plotkin is quoted in a Law360 article providing key takeaways from the Committee on Foreign Investment in the United States (CFIUS) annual report. According to Plotkin, “The increase in the number of investigations in 2015 I think foreshadows what has become a trend of increased tightening and scrutiny by CFIUS over the last few years that accelerated in ...

September 13, 2017, The FCPA Blog

September 11, 2017, The FCPA Blog

September 8, 2017, Covington Alert

On August 18, 2017, the General Office of China’s State Council released to the public new guidance regarding the regulation of outbound investment. The guidance is set forth in a notice, dated August 4, 2017, forwarding “guiding opinions” (the “Opinions”) from the National Development and Reform Commission (“NDRC”), Ministry of Commerce (“MOFCOM”), People's ...

September 2017, Covington Alert

On March 5, 2017, the Belgian parliament enacted the Flexible and Workable Work Law, which seeks to increase flexibility for both employers and employees.

August 31, 2017, Covington Alert

On August 31, 2017, China’s National Information Security Standardization Technical Committee (“NISSTC”), a standard-setting committee jointly supervised by the Standardization Administration of China (“SAC”) and the Cyberspace Administration of China (“CAC”), released an updated draft of the Information Security Technology - Guidelines for Data Cross-Border ...

August 18, 2017, Covington Alert

On July 27, 2017, a Manhattan federal jury convicted Macau billionaire Ng Lap Seng of bribing Caribbean diplomats to the United Nations (“UN”) to secure the organization’s support for a multi-billion dollar convention center that Ng hoped to build in Macau.  After a five-week trial, the jury took just seven hours to return a guilty verdict on all six charges: ...

August 11, 2017

WASHINGTON—The American Lawyer honored Covington with two Global Legal Awards, recognizing the firm’s success in “navigating complex international legal issues.” The firm was recognized for “Global M&A Deal of the Year: Japan” and “Global Dispute of the Year: Investigations (Asia).” Covington advised Tencent Holdings Limited, a leading provider of internet ...

August 2, 2017, China Business Review

July 21, 2017, Covington Alert

On June 16, 2017, China’s Ministry of Commerce (MOFCOM) released for public comment a draft of the Export Control Law (“the Draft Law”). While China has a number of regulations relating to export controls and has signed numerous nonproliferation agreements, the Draft Law would be China’s first law specifically addressing export controls and would implement an ...

July 12, 2017, Covington Alert

On July 11, 2017, the Cyberspace Administration of China (CAC) released the draft Regulation for the Protection of the Critical Information Infrastructure (“Draft Regulation”) for public comment (official Chinese version available here). The comment period ends on August 10, 2017.

July 11, 2017, Medtech Insight

Medtech Insight references an Inside Medical Devices blog post in an article regarding the impact of China's draft circulars on medical device manufacturers. According to Covington's post, the four proposals represent important reforms to the existing drug and medical device regulatory regimes, and are intended to reduce obstacles that have delayed the launch of ...

June 7, 2017, Covington Alert

Pursuant to the State Council’s directive to build harmonious labor relationships and to strengthen the system for resolving labor disputes, the Ministry of Human Resources and Social Security (MOHRSS) recently revised two sets of arbitration rules. The revisions address new issues and provide clarification of existing regulations. The key objectives are to ...

June 1, 2017, The Hill

Yan Luo is quoted by The Hill in an article regarding some of the uncertainties surrounding China's new Cybersecurity Law. Under the new law, cross-border data transfers for operators of "critical information infrastructure" are subject to security reviews and restrictions. According to Luo, "We don’t really have a definition of critical information ...

May 31, 2017, Bloomberg Markets: Asia

Timothy Stratford appeared on Bloomberg Markets: Asia to discuss the U.S.-China trade relationship and what the "100-Day Plan" on trade means for both countries. Although Stratford believes people are encouraged by the Mar-a-Lago summit, he says that it is "important to recognize… that there is very likely going to be a significant call on the United States for ...

May 31, 2017, Bloomberg Markets: Asia

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

May 9, 2017, Covington Alert

On April 13, 2017, China’s State Cryptography Administration (“SCA”) published a draft Encryption Law (“the draft Law”) for public comment. After several years of drafting, the draft Law, if enacted as drafted, would be the first Chinese statute to systematically address encryption, covering “the research, production, management, import and export, testing, ...

May 3, 2017, Covington Alert

On May 2, 2017, the Cyberspace Administration of China (“CAC”) released the final version of the Measures on the Security Review of Network Products and Services (Trial) (“the Measures”), with an effective date of June 1, 2017 (official Chinese version available here). The issuance of the Measures marks a critical first step toward implementing China’s ...

April 27, 2017, Covington Alert

On April 26, 2017, the U.S.-based solar manufacturer Suniva, Inc. filed a petition for global safeguards with the U.S. International Trade Commission (“ITC”). In particular, Suniva requests the imposition of tariffs on solar cells and the establishment of a minimum price for solar modules imported into the United States. The petition was filed under Section 201 ...

April 12, 2017, Covington Alert

On April 11, 2017, the Cyberspace Administration of China (“CAC”) released a draft of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Draft Measures”) for public comment (official Chinese version available here; Covington’s translation of the Draft Measures is appended at the end of this alert).

April 8, 2017, South China Morning Post

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

April 7, 2017, CGTN

Timothy Stratford participated in a roundtable hosted by CGTN’s “The Point” discussing President Trump’s meeting with Chinese President Xi Jinping.

April 7, 2017, Covington Alert

On March 17, 2017, the China Food and Drug Administration (“CFDA”) released a notice to seek public comments on four proposed adjustments to China’s drug registration requirements (“Proposed Adjustments”) that will remove some barriers to applications for clinical trials and drug registrations of imported drugs (drugs that are manufactured outside of China). The ...

March 23, 2017, Global Times

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

March 13, 2017, CGTN

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

March 7, 2017, Compliance Week

Compliance Week references a Covington client alert on China’s draft regulation on cybersecurity review of network products and services. According to the alert, “As the draft measures come into force in the coming months, such companies will need to carefully assess the implications of the draft measures, including whether to voluntarily seek security reviews ...

2017年3月2日, 科文顿电子期刊

美国司法部（“司法部”）刑事司欺诈处（“欺诈处”）上个月低调地发布了一份题为《公司合规计划评估》的新指引（“指引”）。这份长达八页的指引指出：“欺诈处不使用任何严格的公式来评估公司合规计划的有效性”，但同时也列出了司法部在刑事调查背景下“评估公司合规计划时往往看重的”11个“样本话题和问题”。

March 2017

February 23, 2017, China Daily

China Daily highlights Covington’s client alert, CFIUS and Foreign Direct Investment Under President Donald Trump, in an article regarding efforts by lawmakers to strengthen the government’s scrutiny of Chinese investment in the U.S. According to the CFIUS Practice Group alert, "while the legislative landscape in the new Congress is still being defined, there is ...

February 21, 2017, The Wall Street Journal

The Wall Street Journal highlights Covington’s client alert, CFIUS and Foreign Direct Investment Under President Donald Trump, in an article regarding efforts by lawmakers to strengthen the government’s scrutiny of Chinese investment in the U.S. According to the CFIUS Practice Group alert, there is "a greater chance now than at any time in the last decade of ...

2017年2月19日, 金融时报

柯礼晟的见解被《金融时报》的一篇文章引用。该文章有关中国政府一项为减少医药行业多级经销链中间环节的加价和解决贿赂现象而出台的一项计划，即“两票制”医改计划。柯礼晟认为，减少小经销商会加速行业整合，将资源“集中在个别医药经销商手中，他们许多都是国有或国有控股企业”。

February 7, 2017, Covington Alert

On February 4, 2017, the Cyberspace Administration of China (“CAC”) released the draft Measures on the Security Review of Network Products and Services (“the draft Measures”) for public comment (official Chinese version available here; Covington’s translation of the draft Measures is here). The comment period ends on March 4, 2017.

January/February 2017, EuroBiz

January 15, 2017, South China Morning Post

South China Morning Post references a Law360 article by John Veroneau uncovering Section 338 of the Trade Act of 1930 which gives the president the ability to impose tariffs of up to 50 per cent and then, if escalation was required, block imports completely.

January 15, 2017, South China Morning Post

South China Morning Post highlights the re-discovery of Section 338 of the Trade Act of 1930 by John Veroneau in an article regarding Donald Trump’s ability to affect trade with China. 

December 28, 2016

北京，2016年12月28日 - 《亚洲法律杂志》臻选美国科文顿律师事务所合伙人冉瑞雪为“中国15佳知识产权律师”之一。冉女士持有美国纽约州律师执照和中国律师资格，是榜单上唯一一位来自国际律所的律师。 冉女士专注跨境知识产权诉讼, 执业领域包括专利、商业秘密、商标和不正当竞争等，她帮助跨国企业处理其涉及中国的跨境知识产权事宜，在代表中国企业应诉美国337调查大案要案方面有着丰富的经验，并代理中国企业在美国法院知识产权诉讼。 《亚洲法律杂志》根据来自律所、企业客户的采访和市场口碑甄选了15位在中国顶尖的知识产权律师。同时律师们的法律执业业绩和新客户数量也在考量范围之内。

December 21, 2016

SHANGHAI—China Business Law Journal has named Covington partner Weishi Li to its “A-List” of the top 100 private practice lawyers in China. Ms. Li is one of two life sciences lawyers recognized by the magazine. China Business Law Journal’s inaugural A-list is based on interviews of in-house counsel in China and around the world, as well as partners at Chinese ...

December 15, 2016, Law360

December 9, 2016, Law360

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

December 5, 2016, Covington Alert

Acting on the recommendation of the Committee on Foreign Investment in the United States (“CFIUS”), President Barack Obama issued an Executive Order on Friday, December 2, prohibiting the acquisition of the U.S. business of Aixtron SE (“Aixtron”) by a company ultimately owned by investors in China. This is the first time that a President formally has utilized ...

November 26, 2016, Asia Times

Marney Cheek is quoted in an Asia Times article regarding the use of a bilateral investment treaty (BIT) to defuse Sino-U.S. tension over acquisitions. According to Cheek, “Successful negotiation of a U.S.-China BIT has never been more important.” She continues, “An agreement would provide legal certainty for foreign investors from both countries at a very ...

November 22, 2016, CFR Backgrounders

David Fagan is quoted in a CFR Backgrounders article regarding foreign investments and U.S. national security. Commenting on the CFIUS review process, Fagan says, “It’s like a full physical, performed by a battery of doctors that run every conceivable test.”

November 18, 2016, The Litigation Daily

Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by The Litigation Daily for an initial determination at the ITC on behalf of Baosteel in the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim. According to Sobin, the argument was as much about educating the judge about the ...

November 4, 2016, FDAnews

John Balzano participated in an FDAnews webinar and is quoted in an article regarding China FDA’s proposed expanded requirements for medical device recalls and higher fines for manufacturers that fail to issue recalls. According to Balzano, to be eligible for the accelerated pathway for breakthrough medical devices, the intellectual property for the device needs ...

November 2, 2016, IGD Blog

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

October 7, 2016, Covington Alert

On September 29, 2016, the U.S. Department of Justice (“DOJ”) issued letters of declination to NCH Corporation (“NCH”) and HMT LLC (“HMT”). Both companies are Texas-based “domestic concerns.” The letter to NCH, an industrial supply and maintenance company, relates to an investigation into possible violations of the anti-bribery provisions of the U.S. Foreign ...

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.

September 28, 2016, The FCPA Report

Eric Carlson is quoted in an FCPA Report article regarding China’s data privacy and cybersecurity laws and how they apply to companies doing business in China. Commenting on performing due diligence while avoiding data privacy issues, Carlson says, “For due diligence purposes, it is still safe and appropriate to gather corporate information such as whether a ...

September 21, 2016

上海 -《中国法律商务》在年度颁奖晚会上颁予科文顿“年度国际律师事务所：监管与合规领域”大奖。该中国领先的法律刊物还颁予柯礼晟“年度律师：监管与合规领域”的奖项，并且认可了该所在“年度境外交易”（中国化工橡胶总公司以78亿美元收购意大利轮胎制造商倍耐力）中的作用。 该类奖项基于法律工作的“创新性、复杂性和市场影响”和对中国法律领域的质量和发展的推进程度。 科文顿还入围以下奖项： “年度国际律师事务所：医疗保健和生命科学领域” “年度国际律师事务所：贸易领域” “年度国际交易撮合人”: 夏尊恩 《中国法律商务》分别在2014年和2015年颁予科文顿“年度国际律师事务所：贸易领域”和“年度国际律师事务所：医疗保健和生命科学领域”大奖。

September 19, 2016, Covington Alert

On September 13, 2016, Jun Ping Zhang (“Zhang”), former head of Harris Corporation’s (“Harris”) subsidiary in China, agreed to pay $46,000 to settle allegations by the U.S. Securities and Exchange Commission (“SEC”) that Zhang knowingly authorized and facilitated bribes to Chinese government officials at state-owned hospitals and local health departments and ...

September 12, 2016, International Devices & Diagnostics Monitor

John Balzano participated in an FDAnews webinar and is quoted in an International Devices & Diagnostics Monitor article regarding China’s changing device regulations. According to Balzano, "Overall, they're going to want to make sure that they have a regulatory structure in place that facilitates the most innovative applications and the applications for devices ...

September 7, 2016, Covington Report

August 23, 2016, The Wall Street Journal

Mark Plotkin is quoted in a Wall Street Journal article following CFIUS approval of ChemChina’s planned purchase of Syngenta. According to Plotkin, “Chinese investments in the United States often attract close scrutiny not only from CFIUS but also from the media, the Congress and industry competitors, all of whom have different agendas.”

August 22, 2016, Market Talk

Mark Plotkin is quoted by Market Talk commenting on the CFIUS process following approval of the ChemChina-Syngenta deal. According to Plotkin, “At both the staff and political levels, CFIUS has been careful to separate simple China-bashing and economic self-interest from true national security considerations.” He continues, “There are many designated fora for ...

July 18, 2016, Covington Alert

On July 11, 2016, Johnson Controls, Inc. (“JCI”) agreed to pay $14.4 million to settle allegations by the U.S. Securities and Exchange Commission that JCI, through its subsidiaries in China, violated the books and records and internal controls provisions of the U.S. Foreign Corrupt Practices Act. The SEC alleged that, from 2007 to 2013, nearly all of the ...

July 12, 2016, Covington Alert

On July 5, 2016, China’s National People’s Congress (“NPC”) released a new draft of the Cybersecurity Law for public comment (official Chinese version available here; unofficial translation from AmCham China available here). The revised draft contains a number of significant changes from the first draft, which was released in July 2015, but retains many of the ...

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 23, 2016, Covington Alert

China amended its Population and Family Planning Law in December 2015. It abolished the one-child policy and eliminated incentives for late marriage and late parenthood. Many provinces are announcing changes to local regulations to comply with the national amendment.

June 21, 2016

硅谷 - 科文顿为腾讯控股有限公司（一家行业领先的中国网络服务公司）从日本软银收购Supercell的多数股权交易提供了法律咨询。腾讯设立的财团将以86亿美元的价格收购市值约为102亿美元的Supercell 84%的股权。 Supercell是一家在芬兰注册成立的私人公司，为平板电脑和智能手机开发游戏。自从它2010年成立以来，Supercell将四款重要游戏推向了市场，包括：部落战争、皇室战争、海岛奇兵和卡通农场。 这一交易大大增强了腾讯在手机游戏领域的实力，并为其在移动领域已然强大的产品组合锦上添花，其产品包括中国顶级的智能手机应用。 科文顿公司业务团队包括合伙人Scott Anthony，律师Bradley Chernin，Kate Withers， Dominique Perez，Jonathan ...

June 13, 2016, 科文顿电子期刊

2016年6月7日，证券交易委员会（“证交会”）宣布与Akamai公司（“Akamai”）达成一项不予起诉协议。Akamai是一家互联网云服务公司，其中国子公司向中国国有企业的雇员支付费用的行为涉嫌违反了美国《反海外腐败法》的账簿与记录和内部会计控制条款。该不予起诉协议是基于证交会对Akamai该等行为的调查的结果。基于该不予起诉协议，Akamai同意支付超过67万美元的非法所得与判决前利息，但Akamai并没有被控诉违反《反海外腐败法》且Akamai不需要支付额外的罚金。同时，作为其最近宣布的执法试点方案的一部分，美国司法部（“司法部”）向Akamai发出了拒绝起诉函并结束对Akamai的问询。

June 13, 2016, 科文顿电子期刊

2016年6月7日，美国证券交易委员会(“证交会”) 宣布与建筑和重塑产品生产商诺泰克（Nortek Inc.）就其非直接控股的全资中国子公司向中国政府官员进行不正当支付而可能违反美国反海外腐败法（“FCPA”）账簿和记录以及内部会计控制规定的调查而达成一项不起诉协议。根据该不起诉协议，诺泰克同意支付三十二万美元的不正当收入和判决前利息，但是诺泰克并没有被提起违反FCPA的指控，也未支付额外罚金。此外，作为近期生效的试点项目的实施成果之一，美国司法部(“DOJ”) 对诺泰克发出停止调查函，结束对该项事项的调查。

June 7, 2016, EURObiz

June 3, 2016, Financial Times

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

May 12, 2016

WASHINGTON, DC — Covington advised China Molybdenum Co., Ltd (“CMOC”) on certain aspects of its agreement to acquire Freeport-McMoRan Inc.’s indirect 56% Interest in Tenke Fungurume for $2.65 billion in cash plus contingent consideration of up to $120 million. CMOC is primarily engaged in the mining, processing and marketing of mineral products. The acquisition ...

May 6, 2016, Insight

May 2, 2016, Covington Alert

China has just released its 13th Five Year Plan. This includes a mandate to encourage foreigners to work and reside in China by rolling out policies to relax entry, visa and residency requirements for qualified foreign talent. As part of this focus, the Ministry of Public Security has issued, effective March 1, 2016, a number of preferential immigration ...

May 2, 2016, Law360

April 25, 2016, International Devices & Diagnostics Monitor

John Balzano’s remarks from an FDAnews webinar are quoted extensively in this article on changes to Chinese device regulations. According to Balzano, it is important to consider a host of issues, such as whether the device will be manufactured in China. Understanding the finer points of the Chinese FDA guidances "can influence whether your application gets ...

2016年4月, 科文顿电子期刊

2016年4月5日，美国司法部，通过其刑事反欺诈部门，宣布了一项为期一年的反海外腐败法案执行试点方案。该方案拟激励公司自愿披露与FCPA相关的不当行为，并增加反欺诈部门在公司FCPA解决方案中使用奖励措施以减轻公司法律责任方法的透明度。

April 13, 2016, China Daily

David Fagan is quoted in a China Daily article regarding Chinese direct foreign investment in the United States. According to Fagan, the economies of China and the United States are truly intertwined. "In turn, the economic relationship that can be forged through investment is not just something that is economically beneficial. The relationships that can develop ...

April 2016, Covington Alert

Europe  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. In ...

2016年4月, 科文顿电子期刊

2016年4月7日，拉斯维加斯金沙集团（“LVSC”）同意向证券交易委员会（“证交会”）支付900万美元以和解证交会的指控。证交会指控LVSC通过其中国与澳门的子公司，违反了美国反海外腐败法（“FCPA”）。该和解对自2006年起到至少包括2011年期间在内的一系列指控予以解决。相关指控涉及LVSC及其子公司因未能对其中国业务制订并维持内部会计控制制度而违反FCPA的规定，并由于缺乏前述之制度，以致其向一名据称为前中国政府官员的中国顾问（“顾问”）支付超过六千二百多万美元的费用。仅于2007年时，向该顾问支付数笔费用之后，LVSC才对该顾问及其下属的三个业务部门进行尽职调查。然而，LVSC却未就其所支付费用的该顾问所属的其它七个以上的业务部门进行相关尽职调查。对该顾问的费用支付是通过一系列交易行为而得以实现，此类交易的目

2016年4月, 科文顿电子期刊

2016年4月18日，最高人民法院和最高人民检察院发布司法解释（“司法解释”）对中国刑法在贿赂腐败犯罪中的适用原则进行了规定。该司法解释为理解2015年生效的《刑法修正案（九）》提供了额外的指引。其中，特别值得注意的是该司法解释：（1）扩展了贿赂财物的范围以涵盖无形的财产性利益；（2）规定了在为他人提供利益之事后收受的财物依旧被认定为贿赂；（3）重新明确并提高了贿赂犯罪的定罪量刑标准，且对国家工作人员贿赂犯罪与非国家工作人员贿赂犯罪适用不同的定罪量刑标准；与（4）明确了自首及获取从轻减轻免除处罚的具体要求.

2016年3月25日, 科文顿电子期刊

2016年3月23日，诺华集团（“诺华”）同意支付2,500万美元就指控其违反美国《反海外腐败法》（“《反海外腐败法》”）的民事起诉与美国证券交易委员会（“证交会”）达成和解。诺华因于2009年至2013年间在中国向医疗专业人员（“医疗专业人员”）行贿以增加其药品销售而被起诉。其两家中国子公司的员工和经理企图利用有同谋关系的第三方代理掩盖不当付款，并将该等付款记录为用于旅行和招待、会议、教育活动和医疗研究的合法支出。该等账簿和记录后来被合并到诺华（在纽约证券交易所上市）的财务报告中。此行为导致违反 《反海外腐败法》下的账簿和记录以及内部会计控制规定。

2016年3月, 科文顿电子期刊

2016年3月1日，美国证券交易委员会宣布与高通公司达成一项协议，就关于其聘用中国政府官员亲属以便在中国电信市场中获得业务优势、从而违反《美国反海外腐败法》的指控达成和解。

2016年2月29日, 科文顿电子期刊

February 25, 2016, Law360

February 22, 2016, Covington Alert

2016年2月21日, 科文顿电子期刊

February 18, 2016, The Wall Street Journal

Mark Plotkin is quoted in this Wall Street Journal article discussing the scrutiny that Chinese acquisitions will receive from U.S. regulators. According to Plotkin, "Given the amount of state ownership of Chinese companies, together with the history of espionage between our countries and U.S. concerns about the potential appropriation and proliferation of ...

2016年2月9日, 科文顿电子期刊

January 5, 2016, Covington Alert

2016年, 科文顿电子期刊

December 4, 2015, China Daily

Jason Goldberg participated in a discussion at the Asia Leadership Roundtable forum titled "The Strategic Implications for Chinese Mainland and Hong Kong's Film Industry under the IP Era." China Daily quoted Goldberg, who said, "Movie companies should think long-term how IP protection can provide income in the future.” He continued, "The awareness of IP ...

November 2015, The China Outbound Forum, Sanya, China

October 22, 2015

北京，2015年10月22日  - 《亚洲法律杂志》评选科文顿·柏灵律师事务所的知识产权合伙人冉瑞雪女士为15位“2015年中国最佳女律师”之一。冉女士常驻北京，是此次仅三位入选的来自外资律所的女律师之一。 该年度奖项认可了女性在不断发展的中国法律行业中日益增强的影响力，并肯定了其中专业实力最强和业绩最为突出的女性律师。 在中国和美国接受过法律教育的冉瑞雪在两国均曾为众多跨国公司的知识产权和不正当竞争纠纷事宜提供过咨询。她尤其擅长代表中国企业处理美国国际贸易委员会（“ITC”）提起的美国337调查大案要案。她的执业领域涉及各类权利主张，包括专利、商业秘密、商标和其它形式的不正当竞争。 冉女士拥有纽约州律师执业资格，是最早被许可在美国 ITC ...

2015年10月9日, 科文顿电子期刊

August 20, 2015

旧金山，2015年8月20日 - 科文顿就腾讯控股有限公司（“腾讯”）向拥有超过2亿注册用户的加拿大消息应用公司Kik Interactive投资5000万美元事宜提供法律建议。 腾讯是提供网络、移动和电信等增值服务以及在线广告的中国互联网综合服务提供商。它的即时消息应用WeChat（微信）的月活跃用户已经超过5亿。 科文顿团队包括公司业务部合伙人安史葛（Scott Anthony）和律师李安琪(Angi Li)以及隐私和数据安全律师Lindsey Tonsager和Shelton Abramson。

2015年8月, Bloomberg BNA World Data Protection Report

July 29, 2015, 科文顿电子期刊

2015年7月13日, 《中国法律和实践》

2015年7月10日, 科文顿电子期刊

July 7, 2015, Covington Alert

2015年7月2日, 科文顿电子期刊

2015年7月2日, 《法律360》

2015年7月, Bloomberg BNA World Data Protection Report

March 26, 2015, The Lawyer

March 28, 2013

华盛顿特区，2013年3月28日——美国司法部刑事司司长兰尼•A•布鲁尔（Lanny A. Breuer）将回到科文顿•柏灵律师事务所任本所副主席。 布鲁尔先生的执业范围涵盖各类民事及刑事诉讼事务以及政府和内部调查。作为科文顿的副主席，布鲁尔先生将与高级管理层密切合作，执行本事务所的长期战略，并将精力着重放在本事务所的国际计划和业务方面。 “我们为兰尼对国家作出的杰出贡献深感自豪，同时很高兴他回归科文顿，”本事务所管理委员会主席Timothy Hester表示。“兰尼是他这代人中最优秀和最有才华的律师之一。我们对他重新开始私人执业感到兴奋。在兰尼任职本所副主席期间，我期待与他紧密合作，他将与同事共同就全球和战略业务、诉讼及合规事项为我们的客户提供服务。” ...

2/13/2013

WASHINGTON, DC, February 13, 2013 — The Committee on Foreign Investment in the United States (CFIUS) on Tuesday approved CNOOC Ltd.’s bid to acquire the U.S. assets of Canadian energy company Nexen Inc. It was the final regulatory hurdle in the $15.1 billion acquisition, the largest overseas investment ever by a Chinese company. Covington & Burling represented ...

7/23/2008

WASHINGTON, DC, July 23, 2008 — Covington & Burling LLP is pleased to announce that it has opened an office in Beijing.  The office is the first in Asia for Covington, which also maintains offices in Brussels, London, New York, San Francisco, and Washington. “Covington has been advising its international clients on legal and business matters in Asia for ...