We advised Eritrea during the negotiations that produced the December agreement ending the two-year Eritrea-Ethiopia border war. Covington then represented Eritrea before the commission established to delimit and demarcate the boundary between the two countries. This representation included preparation of arbitral memorials as well as participation in oral hearings before the Eritrea-Ethiopia Boundary Commission in The Hague.
The Commission delivered its delimitation decision on April 13, We continue to represent Eritrea in connection with the demarcation process. Developed a litigation strategy for several members of an industry federation to challenge an advertising ban imposed by an EU directive for violations of the free speech provisions of Article 10 of the European Human Rights Convention. Represented the American Petroleum Institute in a challenge to federal renewable fuel standards under the Clean Air Act that resulted in the U.
Court of Appeals for the District of Columbia Circuit ruling in favor of our client. Successfully defended 20th Century Fox Film Corporation and Chernin Entertainment in a federal copyright infringement lawsuit filed in the Central District of California. After extensive litigation, the case settled, with a complete walkaway and limit on future suits. Representation of a major software company in the successful mediation of multi-million dollar software errors and omissions insurance claims.
Circuit, in successfully defending an FCC order providing that public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements. Covington filed substantive initial responses for three of the four petitions. The proceedings were terminated shortly thereafter as part of a global settlement. The patent is directed to high frequency RF switches for 4G access technologies.
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Covington also represented Peregrine in the co-pending litigation. Both the IPR and the litigation were settled successfully for Peregrine. Covington also represented Knowles in the co-pending litigation, which successfully settled. The case represented, by dollar value, the largest taxpayer victory in the Tax Court in Shea Homes v.
Commissioner , T. BNA D. The Second Circuit affirmed the summary judgment entered in favor of our client United Technologies in a k plan expense class action lawsuit. In successfully resisting U. Representation of subsidiaries of Tidewater, Inc. Momenta appealed the decision to the Federal Circuit, even though Momenta had not yet filed a biosimilar application for Orencia with FDA. In a precedential opinion, the Federal Circuit dismissed Momenta's appeal for lack of standing and mootness because the company had failed to establish standing and in any event stopped developing a biosimilar version of the product, rendering the appeal moot.
The PTAB instituted trial on all challenged claims, and its final decision found the challenged claims to be unpatentable. Achieved a complete victory for LifeCell Corporation as petitioner in an IPR proceeding challenging a patent owned by LifeNet Health directed to soft tissue graft compositions. Representation of Elbit Systems of America, LLC as petitioner in an IPR proceeding relating to a patent directed toward a system and method for tracking the motion or orientation of an object relative to a moving reference frame, such as in a head-mounted display.
The patent is owned by Thales Visionix, Inc. The PTAB issued its final written decision holding as unpatentable more than half of the challenged claims. Represented the Protect Trade Secrets Coalition in successfully seeking to enact legislation to create a federal civil cause of action for trade secret misappropriation to supplement state-level remedies and testified before the House Judiciary Committee on the need for legislation. The legislation was enacted in after being passed by the Senate and by the House This widely-publicized victory was one of the largest awards ever obtained against a sovereign state.
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After a one week bench trial, the Judge ruled in favor of Deere on every claim and issued a permanent injunction, prohibiting FIMCO from selling green and yellow agricultural equipment. After targeted discovery aimed at proving that the plaintiff's complaints were not "protected activity" and she was not retaliated against, we moved for and won summary judgment on behalf of Salix.
Advising a client in identifying and providing solutions to gaps in coverage relating to AI use and risk, including with respect to AI used for autonomous vehicles. Won summary judgment for a major auto dealership network in a fight for control of a family-owned company.
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Covington moved for summary judgment on all claims, and the court granted the motion in its entirety with trial just weeks away. The ITC held the patent infringement claims invalid under Section in a special day proceeding. The plaintiff then dismissed the remaining claim with no payment by our client. Represented several defendants against claims of breach of fiduciary duty, trade secret misappropriation, and patent infringement asserted by their former employer. Representation of MGM Resorts International in litigation against the Governor of Connecticut and other state officials over the constitutionality of laws affecting the opening of gaming establishments.
Prosecuted to trial complex breach of contract claims regarding the ownership rights of a limited partner in a major regional casino. On behalf of the Pharmaceutical Research and Manufacturers of America, appeared before a hearing of a committee of the Duma on proposals to establish greater protection for innovative pharmaceutical products, including protection of patents and regulatory exclusivity periods. Advising U. Department of Energy. Assisted client in negotiating a global settlement of an FCPA investigation, the centerpiece of which concerned bribery involving a major Russian agency.
Conducted an internal investigation for a client concerning allegations of bribery involving Russian hospitals and public educational institutions. Represented a U. The investigation was closed without charges being filed against our clients. Conducted an internal investigation for a client concerning allegations of bribery involving Russian customs agencies. Supported client in conducting anti-corruption due diligence concerning the acquisition of a Russian company. After being retained months prior to trial following nearly a decade of litigation, Covington obtained a complete defense verdict for a subsidiary of McKesson Corporation in a bench trial in New York Supreme Court.
The plaintiff had alleged breach of a non-disclosure agreement and trade secret misappropriation related to a drug discount program. McKesson Specialty Arizona, Inc. The tort actions are now pending in federal district court in the District of Columbia. This was the first price-fixing case in almost 40 years at the agency, terminating U. Representation of National Geographic in trade secret litigation, including a lawsuit and an arbitration, in defending against allegations of misappropriation of trade secrets relating to a database schema and functionality and a website.
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Representation of the former CEO of a medical device company in defeating claims of theft of trade secret and employment contract claims, and obtaining a multimillion dollar jury verdict on counterclaims based on a technology licensing agreement in which the CEO who was also the inventor of a heart valve licensed the technology to the company. Representation of Hewlett-Packard in a trade secret case involving electronic design automation EDA technology.
Served as lead U. Participated extensively in the consultations leading to the enactment of the UK Bribery Act. Represented United Technologies in settling a criminal and civil export controls matter with the United States Department of Justice and Department of State. In several of these cases, we replaced counsel that was unable to reach agreement with the government, when litigation appeared to be imminent.
EPA , S. Representing Merck in two related London arbitrations involving insurance coverage for claims relating to Vioxx. Representing Wachovia Bank, N. Supreme Court in the landmark preemption case, Watters v. Wachovia Bank, N. Dismissing a purported class action antitrust suit brought by retired players alleging a conspiracy to restrain a market for the sale of their images and likenesses.
Representation of Washington National Cathedral in a copyright action in the United States District Court for the Eastern District of Virginia to enjoin a major movie studio from its unauthorized use of a Cathedral sculpture in a popular feature film. In ruling for Wachovia, the Supreme Court held that the state law at issue was preempted because national bank operating subsidiaries are supervised exclusively by the federal Office of the Comptroller of the Currency.
Represented Schering-Plough now Merck in multi-district class action litigation challenging so-called reverse payment settlements of pharmaceutical patent litigation. Represented Wells Fargo Bank in consumer class actions under the laws of multiple states challenging fees, disclosures, and other banking practices.
Successfully argued a whistleblower retaliation case arising under the False Claims Act in the U. Court of Appeals for the Fourth Circuit on behalf of a pharmaceutical company after winning dismissal at summary judgment stage. Investigating allegations of fraud, bribery, and collusion in a contract financed by the World Bank and representing the client before the World Bank Integrity Vice Presidency in anticipation of a potential debarment action. Secured victory for Xerox in the Supreme Court on the deference owed plan administrators.
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Coming into the case after an adverse decision in the Second Circuit, and despite vigorous opposition from the Solicitor General, the Department of Labor, and the Internal Revenue Service, we persuaded the Supreme Court that the lower courts erred in refusing to give deference to the plan administrator's reasonable interpretation of the plan made in the course of litigation after his pre-litigation interpretation was held to be mistaken.
Representation of Yahoo! Young v. Representation of Balkrishna Industries Ltd. District Court for the Middle District of Tennessee. Our top-ranked insurance practice has successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches. Successfully represented Chiquita Brands International, Inc. We advise clients on closing insurance gaps associated with new technologies.
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Matters have included advising a client in identifying and providing solutions to gaps in coverage relating to AI use and risk, including with respect to AI used for autonomous vehicles. We help policyholders recover insurance—both in the U. Conducted an independent investigation of historic adult sexual misconduct for Choate Rosemary Hall school. Represented former U. President Bill Clinton in impeachment hearings and trial, four independent counsel investigations, a Justice Department task force investigation, and numerous congressional oversight investigations.
Represented a prestigious all-girls private school in an investigation focused on sexual misconduct that was the subject of significant press. Representation of Samsung as a third-party intervenor in the District Court of Delaware in a case instituted by Gold Charm. Many of the accused products contained components manufactured by Samsung Display. Samsung decided to intervene to protect its customer. The result was a decisive victory based on a broad effort comprised of: IPRs that knocked out several patents; a motion for partial summary judgment on licensing that knocked out another patent and drastically reduced the plaintiff's alleged damages; and further summary judgment motions on the two most significant remaining patents were filed and granted by the court.
None of the other IPR victories were appealed. Represented Salix Pharmaceuticals, Inc. S Postal Services contract, securing criminal declination and favorable first-mover civil settlement. Represented leading engineering contractor facing allegations of quality deficiencies and lobbying violations related to multi-billion nuclear waste treatment contract; secured a partial DOJ declination and resolved all remaining claims on highly favorable terms. Represented McKesson Provider Technologies in Northern District of Texas case involving FCA and supplemental state law claims, securing dismissal under Rules 9 b and 12 b 6 of alleged submission of purportedly false medical bills.
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Represented Novartis Pharmaceutical Corporation in successful motion to dismiss in the District of New Jersey on allegations that the company offered discounts to influence formulary position. Represent major airline trade association in connection with a DG Competition investigation. The PTAB largely followed the arguments Covington presented in the preliminary response when determining that the petition failed to demonstrate a reasonable likelihood of prevailing at trial. Represented leading pharmaceutical manufacturers in two separate cases alleging improper marketing of blockbuster medications.
Both cases resulted in summary judgment for the defendants, and the one that was appealed was affirmed by the First Circuit. Representing Microsoft before the U. The case set Irish and European privacy law and national sovereignty against U. This is an amicus brief where we will appear on behalf of our client alongside the U. Government in making submissions before the EU Court of Justice. Advised U. Representing the National Football League and NFL Properties in ongoing coverage litigation concerning insurance coverage for concussion-related tort lawsuits brought by thousands of retired NFL players.
The coverage litigation seeks coverage for the costs incurred or to be incurred in connection with the underlying tort litigation, including coverage for the proposed class action settlement approved by a federal court in May The coverage litigation in New York state court involves more than 30 insurers that issued primary or excess general liability insurance to the NFL and NFL Properties over the last half century.