August 16, 2017, Global Policy Watch

For years, the foreign business community has called for greater transparency and opportunities to provide more input into China’s legislative and regulatory rule-making processes. In a small step forward, on July 19, the Legislative Affairs Office of the State Council (“SCLAO”) released draft revisions to the Regulations on Procedures for Formulating ...

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 31, 2017, Global Policy Watch

An updated version of China’s Catalogue of Industries for Guiding Foreign Investment (“Foreign Investment Catalogue,” or “Catalogue”) went into effect on July 28. The Catalogue has been a key tool used by Chinese policymakers to coordinate foreign investment with the country’s economic development plans and industrial policies. Its categorizations are an ...

July 31, 2017, Global Policy Watch

China has put into effect an updated “negative list” for foreign investment in the country’s pilot free trade zones (“FTZs”). Officially named the Free Trade Zone (FTZ) Foreign Investment Entry Special Administrative Measures (Negative List) (2017 Version), the FTZ negative list is an important document that lists business sectors in which foreign investment is ...

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 export controls system that protects China’s national security and consolidates its nonproliferation efforts. This new law, if enacted as drafted, would bring China’s system somewhat closer to other export control regimes, although certain provisions are still inconsistent with the approach of other jurisdictions. The Draft Law also introduces new restrictions on the provision of “export control-related” information” outside of China, highlighting the government’s desire to tighten the control of cross-border transfers of technical data related to controlled items. The Draft Law is expected to be introduced to the National People’s Congress for a first reading in 2018.

July 13, 2017, Global Policy Watch

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. Aiming to add greater clarification to the Cybersecurity Law, which took effect on ...

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 28, 2017, Global Policy Watch

At the U.S.-China Summit in Mar-a-Lago in April, President Trump and President Xi agreed to set up a new four-track dialogue mechanism to replace the previous Strategic and Economic Dialogue established between China and the United States under the Obama Administration. This mechanism allows the two governments to conduct more specialized and higher-level ...

June 21, 2017, Global Policy Watch

On May 16, 2017, the Legislative Affairs Commission of the National People’s Congress (NPC) Standing Committee of China released for public comment a draft of the National Intelligence Law (“the Draft Law”). The Draft Law, if enacted as drafted, would be the first Chinese statute to systematically address national intelligence related issues, including ...

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 streamline the dispute settlement process and provide more effective and efficient mechanisms for resolving labor and personnel disputes. These rules will apply to both foreign-invested and domestic companies with employees in the People’s Republic of China.

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 19, 2017, Bloomberg Law

Shaoyu "Andrew" Chen is quoted in a Bloomberg Law article regarding the latest series of announcements from China's Food and Drug Administration on accelerating drug and medical device approvals. According to Chen, “The four documents proposed many critical policies that will bring China much closer to Western countries in the regulatory oversight of drugs and ...

May 18, 2017, Xinhua

Robert Wang is quoted by Xinhua in an article regarding the historically high amount of Foreign Direct Investment between China and the U.S. Citing the initial results of a 100-day action plan for China-U.S. comprehensive economic dialogue, Wang says there is a lot of optimism injected to the U.S.-China relations in recent months. Wang believes that it is ...

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, authentication, use, and regulation of encryption.” China has long regulated the import, export, sale, use, and scientific research of “commercial” encryption. The draft Law, however, provides rules for three categories of encryption—“ordinary” encryption, “core” encryption, and “commercial” encryption—with a view to establishing a uniform regulatory framework that would govern all types of encryption and providing SCA with greater enforcement authority.

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 Cybersecurity Law (“the Law”), which was promulgated on November 7, 2016 and will take effect on June 1, 2017 (the same date as the Measures).

May 2, 2017, Global Policy Watch

China is embarking on an ambitious effort to develop a new, unified civil code, scheduled for completion by 2020. During this year’s meeting of the National People’s Congress, NPC delegates ratified the General Provisions on the Civil Code (“General Provisions”), China’s first significant step toward establishing a unified legal code on civil affairs in ...

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 of the Trade Act of 1974, as amended, which authorizes global safeguards investigations, also known as “escape clause” investigations. Throughout the proceedings, affected parties will have multiple opportunities to submit their views not only to the ITC but also to the Trump Administration, which will have the final say on any relief recommended by the ITC.

April 24, 2017, Global Policy Watch

As the dramatic political shifts in Washington captivate the world, and the US reconsiders its traditional global leadership role, Chinese President Xi Jinping is positioning China to increase its own global role and influence. In a highly touted speech at the World Economic Forum in January, Mr. Xi mounted a rousing defense of economic globalization...… ...

April 21, 2017, Global Policy Watch

On Friday, April 14, the U.S. Department of Treasury published a widely anticipated semi-annual report detailing the foreign exchange practices of America’s major trading partners. Although he regularly called for China to be labeled as a “currency manipulator” as a candidate, President Donald J. Trump and his administration declined to use the occasion of ...

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 Proposed Adjustments could substantially impact the strategies for bringing imported drugs to China. Imported drug manufacturers should understand the potential impact of the Proposed Adjustments, consider submitting comments, and closely monitor future developments in this area. Comments are due on April 20, 2017.

March 23, 2017, Global Policy Watch

Last Wednesday, the “Two Sessions” (see our introductory article here) officially came to a close as the National People’s Congress (“NPC”) wrapped up its final day (the Chinese People’s Political Consultative Conference (“CPPCC”) concluded last Monday). Over the course of the past three weeks, various actors within the Chinese government have used the annual ...

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 31, 2017, 科文顿电子期刊

反腐败执法正处于一个十字路口。在许多方面，全球反腐败执法空前活跃。美国司法部（“司法部”）与美国证券交易委员会（“证交会”）在2016年通过针对27个企业被告的美国《反海外腐败法》（“FCPA”）执法行动总计获得24.1亿美元，其中包括其在与巴西建筑集团Odebrecht S.A.及其关联方Braskem ...

January 15, 2017, South China Morning Post

South China Morning Post references a Law360 article by John Veroneau and Catherine Gibson 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 and Catherine Gibson 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 the authority of the CFIUS statute to block a foreign acquisition prior to consummation of the transaction.

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 Corrupt Practices Act (“FCPA”) based on alleged bribes paid by its Chinese subsidiary to Chinese state-owned customers. The letter to HMT, a company that manufactures, supplies, and services aboveground liquid storage tanks for oil and gas companies, relates to an investigation into possible violations of the anti-bribery provisions of the FCPA based on alleged bribes paid by an HMT sales agent in Venezuela to Petroleos de Venezuela S.A. (“PDVSA”) and bribes paid by an HMT distributor in China to state-owned customers.

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 caused Harris’s books and records to inaccurately record these payments as legitimate business expenses. The SEC alleged that up to $1 million in improper payments were made during April 2011 and April 2012 and as a result, the China-based subsidiary was awarded over $9.6 million in contracts by state-owned entities.

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 employees of JCI’s Chinese subsidiaries engaged in a scheme by which they made improper payments of approximately $4.9 million to employees of Chinese government-owned shipyards, ship owners, and others.

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 provisions from the first draft that raised concerns among multinational companies, especially those in the tech sector, about the potential to serve as a tool for discriminating against foreign technologies in favor of domestic industry.

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 policies directed at four categories of individuals working in Beijing’s Zhongguancun Science Park (“ZGC”).

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 Barbulescu v. Romania the employee had been using a Yahoo! instant messenger account set up specifically for work purposes to communicate with his fiancée and brother, despite this being in breach of company policy. Agreeing with the national court, the Court distinguished this case from previous cases where employees had a reasonable expectation of privacy in the workplace, and held that the employer had acted reasonably in monitoring the employee’s use of the Yahoo! instant messenger account, and ultimately terminating his employment.

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，此类交易的目的在于为LVSC的澳门赌场带来更多客户并为该赌场在中国的形象进行宣传.

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。

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, 《法律360》

2015年7月2日, 科文顿电子期刊

2015年7月, Bloomberg BNA World Data Protection Report

March 26, 2015, The Lawyer

March 26, 2015, Legal Week

Covington's Grace Chen is featured in this article regarding her joining the firm's international employment practice.

March 26, 2015, Asian Legal Business

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 ...