The Legal 500

Within Capital markets: debt offerings, Covington & Burling LLP is a third tier firm,

Rated ‘A+’ for service and knowledge, Covington & Burling LLP’s securities practice has a growing profile and reputation. In the debt markets, the firm has recent experience advising issuers on investment-grade and high-yield offerings. The team represented Goodyear Tire and Rubber Company in a $1bn senior notes registered offering, a $650m registered exchange offer and a $1bn registered offering of 10.5% senior notes. It also advised LIN Television in a $200m Rule 144A senior notes offering, and the National Football League in a $835m Rule 144A offering of football club term note trust certificates. Jointly heading up the practice in New York and Washington DC respectively, Bruce Bennett is ‘extraordinarily knowledgeable and responsive’, while David Martin, a former SEC director, is ‘exactly the kind of SEC alum one needs in a pinch’. Wilmington Trust Company and Pepco Holdings are key clients for debt offerings. Also recommended is the Washington DC-based David Engvall, who ‘partners responsiveness, practicality and a mastery of the issues while keeping costs down’.

Within Capital markets: equity offerings, Covington & Burling LLP is a third tier firm,

With ‘as strong a team to offer as anyone’, Covington & Burling LLP is gaining a reputation for its ‘strong execution’ and ‘very good service’ in equity offerings. The firm has experience in acting as issuer counsel to a range of corporates. Recent highlights include advising SandRidge Energy on a $200m private placement of convertible perpetual preferred stock and a $218m registered offering of common stock, and also assisting Trustmark Corporation in a $115m registered offering of common stock. David Engvall in Washington DC is singled out as a ‘superstar’, while co-heads of the practice Bruce Bennett and David Martin are also well known for their expertise. Former managing director at Merrill Lynch Frederick Knecht joined the team in 2009, adding ‘important depth to the team’ and bringing experience on the underwriter side. All partners are based in New York unless otherwise mentioned.

Within Financial services: regulatory, Covington & Burling LLP is a third tier firm,

‘One of the best in the market for pure bank regulatory work’, Covington & Burling LLP is admired for its interdisciplinary approach to compliance and enforcement. Based out of Washington DC, the team benefits from ‘strong agency relationships’ and has handled several major investigations resulting from the financial downturn including representing the former CEO of IndyMac Bancorp in litigation and governmental inquiries across a range of matters arising out of the failure of the bank including mortgage-backed securities cases. While the firm is less active on the transactional side, it recently acted for Financial Federal on its $738m merger with People’s United Financial. ‘Empathetic, professional and responsive’, Jean Veta has an excellent reputation on the enforcement side in particular, and is regularly instructed by financial institutions in high-stakes investigations. Stuart Stock is recognized both for his regulatory and enforcement prowess and continues to advise Freddie Mac on the ongoing government conservatorship. Other recommended members of this ‘empathetic, professional and responsive team’ include Mark Plotkin and John Dugan, who now chairs the financial institutions group following his return from a spell as Comptroller of the Currency.

Within Energy: litigation, Covington & Burling LLP is a third tier firm,

Clients state that Covington & Burling LLP’s Washington DC-based practice is particularly strong on energy matters involving the government, and in this regard the team is ‘excellent’. It was recently bolstered by the arrival of Allison Lurton, who was senior counsel at the US Commodity Futures Trading Commission and previously handled a range of matters involving the energy industry including regulatory and enforcement work. The firm is currently advising BP and its affiliates in insurance coverage litigation arising from the Deepwater Horizon incident and Gulf of Mexico oil spill. It advises Southern Montana in connection with FERC issues arising from a range of significant disputes with NorthWestern Energy on interconnection and transmission issues. The firm also defended the PSEG Power Companies in a complaint filed at FERC by Morris Energy alleging affiliate abuse, misrepresentations to the commission, and market manipulation with respect to certain electricity and natural gas practices and activities in wholesale energy markets going back as far as 1996. Clients also include ExxonMobil, Sempra, American Petroleum Institute, Delta, Energy Transfer Partners and Tidewater. William Massey, Andrew Jack and Bill Collins lead the team. Steve Rosenbaum is a key litigator and Oscar Garibaldi is highly regarded for arbitration.

Within Healthcare and life sciences, Covington & Burling LLP is a first tier firm,

Covington & Burling LLP’s cross-disciplinary expertise makes it ‘one of the top firms’ representing life sciences manufacturers and manufacturer associations in their needs, including regulatory and enforcement work, commercial and antitrust litigation, and corporate and finance work. The group also has ‘a rather unique practice representing states in healthcare cases’, and is also a significant player in product liability. It is ‘excellent on FDA regulations’, and expertly handles competition and antitrust matters for numerous major pharmaceutical manufacturers in the US. The firm acted for Merck & Co during FTC review of the merger with Schering-Plough, and is representing Boehringer-Ingelheim in antitrust litigation centering on price-fixing allegations. It acted for Gilead Sciences on its $120m purchase of CGI Pharmaceuticals, as well as in relation to DOJ and HHS investigations into its marketing and promotion of certain HIV treatments. The firm also has a busy transactional practice, which represented Eisai in a number of matters including a supply and distribution deal with Arena Pharmaceuticals and a drug discovery agreement with Forma Therapeutics. Astellas, AstraZeneca, Quest Diagnostics and Takeda are other clients of the practice. John Hurvitz and Richard Kingham co-chair the life sciences industry group.

Within Insurance: advice to policyholders, Covington & Burling LLP is a first tier firm,

Covington & Burling LLP’s 100-lawyer-strong insurance recovery group is recognised as ‘the epitome of insurance coverage’, providing ‘depth of knowledge, superior legal skills, thoughtful strategy and exceptional negotiating and litigation skills’ which are ‘without parallel in this field’. Practicing out of offices in San Francisco, New York, Washington DC and London, the firm handles a spectrum of coverage matters including mass tort liabilities, catastrophic property matters, environmental losses, and errors and omissions (E&O) and D&O exposure. The firm is representing Chiquita Brands International in ongoing litigation, in Cincinnati, arising out of an underlying claim filed under the Alien Torts Claims Act (ATCA); ‘superior litigator’ and ‘first-rate strategist’ William Skinner is leading this matter. Co-chair of the practice Mitchell Dolin is a ‘leader in this area’ and is heading the team in its representation of Sprint Nextel in two D&O coverage lawsuits pending in the US District Court for the Eastern District of Virginia and the US District Court for the District of Kansas; both suits accrue from underlying securities class actions. The firm is also representing BP in insurance coverage disputes involving approximately $1bn of insurance proceeds for the Deep Water Horizons oil spill. Co-chair Benedict Lenhart and Partner Saul Goodman are recognized as ‘strong’ and ‘deeply knowledgeable of the industry’, while John Buchanan is ‘one of the nation’s most knowledgeable coverage counsel’. Donald Brown is also highly recommended.

Within Copyright, Covington & Burling LLP is a third tier firm,

Covington & Burling LLP receives high praise for its work on high-profile, complex copyright matters, and is ‘very responsive, understands business impacts very well and has deep understanding of the law as well as the jurisdictions’. The practice stands out for its knowledge in policy matters, particularly in relation to emerging technology, with equal strength in contentious and non-contentious matters, while publishing and sports are key specialisms. San Francisco-based Simon Frankel has ‘the highest integrity’ and is ‘an exceptionally intelligent lawyer with deep knowledge of the law’. Frankel settled a dispute for Microsoft as defendant regarding an allegation of search engine links infringing music distribution websites. He also defended Samsung in a copyright infringement claim brought by a German software company. On the non-contentious side, of counsel Ronald Dove has been advising publishers on internet piracy and gray-market issues, and the NFL on telecasts being broadcast online. Dove also represented Public Broadcasting Service before the Copyright Royalty Board in a case relating to cable retransmission of public broadcast programming, which resulted in its highest payout to date. He was also involved in drafting an amicus brief for American Watch Association on Costco v Omega, a landmark copyright case regarding gray-market importation. For licensing cases, IP co-chair Robert Fram is ‘second to none’, and possesses the ‘ability to command both a boardroom and a courtroom’.

Within Patent licensing and transactional , Covington & Burling LLP is a third tier firm,

Covington & Burling LLP is an ‘elite law firm’ with a licensing and transactional practice ‘of the highest caliber’, ‘one of the best in its field’. The team has particular expertise in life sciences, dealing with strategic transactions, development, manufacturing and marketing rights agreements. The hugely experienced Evan Cox leads the group from San Francisco, while the remainder of the team primarily work out of the Washington DC office, with support provided from three other US offices. It acts for market-leading clients such as Microsoft, Procter & Gamble, ExxonMobil, Genentech and AstraZeneca, and has recently gained new clients such as Adobe, the Blu-Ray Disc Association and the Open Authentication Technology Committee (advising the latter on a number of complex cross-licensing matters). The ‘exceptional’ Lee Tiedrich, based in Washington DC, is recommended for her ‘ability to identify critical issues’ and her ‘extremely strong work ethic’. The firm also acts for Astellas Pharma, Gilead Sciences, Medicines360, Samsung, Amyris, and Novartis Vaccines and Diagnostics.

Within Patent litigation: full coverage, Covington & Burling LLP is a third tier firm,

Noted for its ‘outstanding trial work and results’, Covington & Burling LLP is ‘a brain trust full of qualified and bright lawyers’ and ‘knows the quiet art of writing a winning brief’. It is valued for its specialist focus on Section 337 investigations before the ITC. Clients include Hewlett-Packard, Samsung, AK Steel Corporation, Abbott Laboratories and Sanofi-Aventis. The team advised Monsanto in a highly publicized dispute against DuPont regarding GM crop technology, as well as defending Samsung in a case against BTG International regarding flash memory technology, which went before the ITC and district court. George Pappas is ‘a great courtroom advocate’, and obtained successful summary judgments for pharmaceutical companies Ortho-McNeil and Shire in patent exclusivity cases. Robert Haslam, ‘the consummate patent lawyer’, and the ‘smart, analytical’ Robert Fram, who ‘can engage a client or an adversary on an IP litigation matter at any level of detail’, are recommended, and Richard Rainey has ‘vast knowledge of appellate issues’. Michael Plimack, Christine Haskett and Kevin Collins are also recommended.

Within Patent litigation: International Trade Commission, Covington & Burling LLP is a second tier firm,

Covington & Burling LLP has developed a focused and ‘outstanding’ practice in Section 337 litigation, with a team that offers particular strength in the hi-tech and electronics sectors. Thirteen partners dedicate the majority of their time to cases before the ITC, with ‘ITC specialist’ Sturgis Sobin heading the team. He ‘brings a wealth of experience and a detailed knowledge of the intricacies of ITC practice that is invaluable. His tenure at the Commission brings a level of credibility that is hard to find outside of a select group of specialists’. Other notable lawyers include Robert Haslam, ‘a very skilled trial lawyer who quickly sorts through complex factual and legal issues to focus on the key points’, and Johnny Chiu, who ‘manages a case not only from the legal perspective but also the business perspective’. 2010 highlights included defending Samsung in a case brought by BTG International alleging flash memory product infringement, with the ITC concluding that there was no violation. Maureen Browne was part of the team representing uPI Semiconductor as respondent in an investigation filed by competitor Richtek, in relation to patent infringement of electrical circuit components. Additional clients include A-Data Technology and Knowles Electronics.

Within Patent prosecution: utility and design patents , tier 6

Covington & Burling LLP’s ‘excellent’ prosecution team is complemented by the firm’s extensive re-examination practice, and also its litigation practice. The 14-lawyer team can draw on some 140 IP attorneys for support, and is adept at dealing with a diverse range of technologies, from biotechnology to mechanics and telecommunications. Andrea Reister, chair of the firm’s patent advisory practice and re-examination practice, comes highly recommended; her focus is on the software, technology and life sciences areas, acting for clients such as Verizon, Trend Micro and Samsung. The firm also acts for Procter & Gamble, Alkermes, Johnson & Johnson, Schering-Plough, Merck, King Pharmaceuticals, Gylcovaxyn and Thomson-Reuters.

Within Trademarks: litigation, tier 5

Covington & Burling LLP advises on a full range of trademark disputes, handling a high volume of cases for major clients including Pearson Education, McGraw-Hill, Microsoft, Yahoo!, Bacardi and Spirits International (SPI Group), as well as acting as national trademark counsel for American Automobile Association (AAA). It works closely with the IP practice’s internet enforcement group to litigate against cybersquatting, successfully recovering hundreds of domain names for clients such as Microsoft and AAA. The practice’s biggest case remains defending Spirits International in long-running litigation against the Russian government in relation to the Stolichnaya vodka trademark, of which the government is trying to reclaim ownership; a Second Circuit appeal affirmed dismissal of fraud charges but the litigation remains ongoing. The firm also advised The Wine Group against leading alcoholic beverages company Diageo, which owns world-famous brands such as Smirnoff and Johnnie Walker. Key attorneys are split across the firm’s Washington DC and California offices, with Neil Roman leading on trademark actions for AAA. He also represented Microsoft in a lawsuit brought against it by Bing Information Design for infringement by using the name for its search engine. Litigator Simon Frankel recently represented the German American Chamber of Commerce regarding rights to its name.

Within Trademarks: non-contentious (full coverage), Covington & Burling LLP is a second tier firm,

Covington & Burling LLP has a wide-ranging client base that speaks volumes of its expertise in a number of key industries. In 2010 the practice expanded into cutting-edge domain name work for a number of high-profile companies, while remaining strong in sectors such as life sciences, sports, media and luxury goods. The team of five partners has expertise in all non-contentious trademark matters, from global registration, maintenance, oppositions, and cancellations to policing programs. Work highlights included advising Microsoft in relation to its trademark and domain name portfolio, and managing the worldwide trademark portfolio for the National Geographic Society. Recommended lawyers include co-chair of the firm’s global trademark and copyright group, Laurie Self, who is noted for her work with Microsoft and has expertise in domestic and international IP policy. Special counsel Kristina Rosette is recommended for her work with USA Track & Field and her expertise in cyber fraud and domain name matters. Also in Washington DC, Kathleen Gallagher-Duff is noted for her work for King Pharmaceuticals, recently advising on its $3.6bn agreement to be acquired by Pfizer. Other key clients include SPI Group, United States Soccer Federation, Merck & Co, and Promontory Financial Group.

Within ERISA litigation , Covington & Burling LLP is a second tier firm,

Covington & Burling LLP provides ‘intellectual horsepower, and incredible subject matter expertise’. The firm achieved an important victory for Xerox in the Supreme Court on the role of plan administrators, secured in the Seventh Circuit the first-ever appellate decision reforming mistaken language in an ERISA plan and secured important victories in the Second and Third Circuits on ERISA § 502(a)(2) claims and class certification under ERISA. The firm also has an impressive track record in the appellate courts. The victory for Verizon defeated a claim for $2bn in additional pension benefits that included a $1.67bn drafting error. Although there was no reported case during the ERISA’s 36-year history where a court had reformed such an error in a pension plan, Jeffrey Huvelle’s team persuaded the district court to correct the error, which it did last November, in a 100-page opinion. The Seventh Circuit affirmed the decision unanimously. The firm also successfully defended UTC in a 401(k) excessive fees case, achieving one of the first victories in such a case based on a full evidentiary record, and secured a ruling by the Second Circuit rejecting such a claim. The victory for Schering-Plough in the Third Circuit in December 2009 vacated a class certification ruling, and paved the way to a favorable settlement that is currently awaiting final court approval. Individuals that are singled out for praise by clients include Thomas Cubbage, Robert Long, Eric Bosset, Robert Wick and Richard Shea. Collectively, the team has ‘a great deal of expertise and knowledge in this area’.

Within International arbitration, Covington & Burling LLP is a second tier firm,

Energy and insurance work are at the heart of Covington & Burling LLP’s international arbitration work, as part of a broader practice which encompasses high level commercial work and investor-state disputes. Clients describe the firm’s work as ‘truly outstanding in terms of its ability to prepare and present extremely complicated cases lucidly and persuasively’. The practice is acting for ExxonMobil in ICC and ICID arbitrations against the Republic of Venezuela and its state-owned oil company in relation to expropriation of assets and other acts of the Venezuelan government. These two related cases are among the largest and highest-profile commercial and investor-state arbitrations currently pending in the world. In Rovime Inversiones et al v Russian Federation (the Yukos case), the firm is acting for Spanish investors in Yukos Oil Company in a Stockholm Chamber of Commerce arbitration in connection with the Russian government’s liquidation of Yukos. This arbitration was brought under the Spain-Russia Bilateral Investment Treaty and presents an important test case for Yukos-related claims ultimately worth approximately $10bn. On the commercial front, the practice is acting for Norfolk Southern Corporation in an arbitration concerning an insurance claim in regard to a major 2005 train derailment and chemical release in South Carolina, one of the worst train accidents in US history. Thomas Johnson and Allan Moore are co-heads of the international arbitration group, described by clients as ‘international advocates of exceptional quality’. For insurance-related cases, William Skinner is ‘a very intelligent advocate whose oral presentations and cross-examination are of the very highest calibre’. Oscar Garibaldi is also well regarded.

Within International trade, Covington & Burling LLP is a second tier firm,

With a highly regarded export control practice and a leading player in contentious matters, clients deem the trade team at Covington & Burling LLP to be ‘outstanding’. Representative matters on the customs side include advising several international companies on origin issues under EU preferential trade agreements and repairing ruling requests for a major Japanese electronics company and its US subsidiaries with respect to classification, government procurement, and foreign-origin marking issues. On trade policy, the practice advises several leading US companies on effectively responding to existing and proposed Chinese trade barriers, including in the areas of intellectual property, technology standards, and competition law, and has been instrumental in raising the profile of these issues in US bilateral negotiations with China. The firm also has a strong FCPA practice, advising a number of multinational companies on a global scale. Peter Flanagan is recommended for export control work, while Peter Troboff is well regarded on the regulatory side. David Fagan is the name to note for CIFIUS work.

Within Securities: shareholder litigation, tier 4

Linda Goldstein and C William Phillips jointly head Covington & Burling LLP’s well regarded five-partner securities, derivative and transactional practice. The firm regularly represents issuers, underwriters, indenture trustees, investment managers, and corporate officers and directors in shareholder class action law-suits and related litigations. The firm also has an excellent reputation for SEC enforcement and investigations where it draws upon the unrivalled experience of New York partner David Kornblau, who was Chief Litigation Counsel for the SEC between 2000 and 2005. In addition, Washington DC-based partner Bruce Baird was formerly an assistant US attorney in Manhattan, where he was Deputy Chief of the Criminal Division and Chief of the Securities and Commodities Fraud Task Force. On the West Coast, San Francisco partner David Bayless also has considerable experience, having spent five years as head of the SEC’s San Francisco office. One of the largest matters the firm has been involved in recently was as lead counsel to Bank of America in the multi-district securities litigation arising from the Parmalat fraud. The bank, which served as Parmalat’s placement agent for over $1bn private debt transactions, has been sued by multiple institutional investors, alleging that the bank knew or should have known that Parmalat overstated its assets and understated its liabilities.

Within Supreme Court and appellate, Covington & Burling LLP is a third tier firm,

Covington & Burling LLP’s highly rated practice is headed by Robert Long, who is ‘outstanding as both a strategist and an advocate’. The practice includes a former federal court of appeals judge, Michael Chertoff; a former federal district judge, Roderick McKelvie; and six former assistants to the solicitor general and 17 former Supreme Court clerks. The practice argued three cases in the US Supreme Court in the 2009 term, with the highly experienced Gregg Levy representing the National Football League (NFL) in American Needle, Inc v National Football League. This high-profile antitrust case questioned whether the NFL and its member franchises operate as a single entity immune from antitrust liability when collectively licensing their intellectual property for use by third parties. Although the ruling was in favor of American Needle, the firm’s representation is indicative of its standing. In the ERISA-related case, Sally L Conkright, et al v Paul J Frommert, et al, the firm represented Xerox following two adverse decisions in the Second Circuit. The case was eventually remanded to the original district court for further proceedings consistent with the US Supreme Court’s decision in reviewing it. On the appellate side, the firm achieved a major victory for Eli Lilly when the Second Circuit reversed certification of a class action seeking $7.7bn in damages for alleged RICO statute violations, after third-party payers such as insurers claimed they had overpaid for the prescription drug Zyprexa. The decision is expected to end class claims of this type against the pharmaceutical industry.

Within Trade secrets, Covington & Burling LLP is a second tier firm,

The intersection between patent and trade secrets protection is key for Covington & Burling LLP. Clients from the life sciences, computer hardware and software, communications and energy sectors are advised on the most practical means of protection for non-patented trade secrets and assisted with the enforcement of their rights over their trade secrets in the courts and, increasingly, in ITC investigations. The 23 partners and 19 associates in the team are ‘well coordinated, vigorous in their protection of their client’s interest, and highly ethical’, and give ‘practical advice’. Kurt Calia in Silicon Valley is vice chair for the trade secrets committee of the Intellectual Property Owner’s Association. In 2010, ‘creative, practical, quick-minded and knowledgeable’ Johnny Chiu represented UPI in an ITC investigation initiated by Richtek involving allegations of trade secrets misappropriation and patent infringement, while ‘detailed, skilled, and knowledgeable’ Nitin Subhedar was active on behalf of Chinese telecoms player Huawei against Motorola in a case in the northern district of Illinois involving wireless base station technology.

Within White-collar criminal defense , Covington & Burling LLP is a third tier firm,

One of the most complete practices in the country, Covington & Burling LLP’s 27-partner department provides ‘empathetic, responsive, professional and very thorough’ advice across the waterfront of issues including criminal antitrust, foreign trade controls, false claims act and congressional investigations. With equal strength on both coasts across its San Francisco, New York and Washington DC offices, as well as a strong international presence, particularly in London and Brussels, the team is well-placed to handle issues irrespective of geography and also able to handle the increased internationalization complexion of much of the work in the arena. Praised for its ‘tremendous credibility before the regulators’, this is no small part as a result of the tremendous number of individuals within the group who can lay claim to having high-ranking governmental regulatory positions. Although the team’s primary aim is to avoid litigation, it does have the necessary trial skills to do so should the matter become litigious. This is particularly borne out in the instances where it represents individuals, such as Lt Governor Aitofele Sunia of American Samoa. Following a three and a half week trial, the jury declared a mistrial against the charges of conspiracy, federal program fraud, bribery and obstruction of an agency proceeding brought against him. A ‘tremendously strong outfit for handling complex pharmaceutical investigations’, Matthew O’Connor is the leading light for this work and has recently handled a number of mandates for GlaxoSmithKline, including a grand jury investigation alleging, inter alia, off-label promotion and violations of the Anti-Kickback Act. The practice is also active within the financial services industry, particularly out of its New York office. As well as being able to tap into the ‘considerable talents’ of former chief litigation counsel for the SEC’s enforcement division David Kornblau, the practice also recently welcomed of-counsel Allison Lurton to its ranks. Formerly at the Commodity Futures Trading Commission (CFTC), Lurton brings invaluable expertise on the implications of the increased powers of the CFTC as a result of the implementation of the Dodd-Frank Act. Praised for his ‘calm demeanor and respectful and collaborative communication with SEC counsel’, department head Bruce Baird has an excellent track-record at handling complex securities enforcement criminal cases, as well as more recently handling a slew of significant criminal antitrust investigations. ‘One of the up-and-coming elite of the white-collar bar’, Alan Vinegrad has recently represented a number of individuals in high-profile criminal litigation including the representation of Mark Lenowitz in one of the largest insider trading cases of recent times. Other recommended partners include Haywood Gilliam, as well as Steven Fagell and James Garland, who both returned to the firm following a stint at the DOJ.

Within Marketing and advertising, Covington & Burling LLP is a third tier firm,

Covington & Burling LLP advises on the interface between marketing and privacy issues, focusing on FTC self-regulatory guidelines, and CAN-SPAM and rules around e-mail and mobile marketing. Commended for its ‘fast response and industry knowledge’, the group is underpinned by the firm’s strong practices in data protection and privacy and transactional prowess in technology and telecoms. It frequently represents clients in appearing before Congress, state attorneys general and regulatory agencies. The firm advises advertisers, internet service providers and software vendors on technology-driven marketing activities, notably online behavioral advertising, text message advertising, and the use of alternative distribution platforms for data collection and transmission as well as reviewing advertising copy. Erin Egan and Yaron Dori in Washington DC advised Ann Taylor and Hulu on delivering marketing initiatives via third-party social media platforms. The firm’s international footprint supports its work for global corporates, notably advising Procter & Gamble on privacy issues, including cloud computing, online advertising, call interception and recording laws affecting its call center operations in US and non-US jurisdictions. A prestigious client list includes Microsoft, GlaxoSmithKline and King Pharmaceuticals.

Within Technology: data protection and privacy, Covington & Burling LLP is a first tier firm,

Covington & Burling LLP advises on legal, regulatory and legislative matters involving the privacy and security of customer, employee and business information, online advertising, efforts to combat online threats, and related technology and internet law issues. Based in Washington DC, the practice has strong links with government organizations, notably the FTC. Its representation of multinational and global clients is bolstered by its international presence and it is commended for its ‘solutions-oriented approach’ and ‘balancing legal and business considerations’. Supported by excellent connections in the communications and media industry and a strong technology practice, the group advises customers and suppliers in the IT industry and leading players in healthcare and finance. In 2010, practice head Erin Egan advised Facebook on the implications of US and European privacy laws on new Facebook features. Together with telecoms expert Yaron Dori and David Fagan, who specialize in data security, Egan and her team continue to advise longstanding client Microsoft on data protection and compliance matters, including submissions to the FTC and FCC on cloud computing and children’s privacy. The team has a strong foothold in the pharmaceutical and retail sectors, where it has advised multinational clients, notably Procter & Gamble on the privacy implications of cloud computing and online advertising, call interception and recording laws affecting its call center operations in the US and abroad, data security-related matters, and vendor outsourcing arrangements. Other clients include Expedia, Yahoo!, Ann Taylor, King Pharmaceuticals, Schering-Plough and Qualcomm. Dori, who advises TDS telecom on customer data issues, is recommended for his ‘broad expertise’ on data privacy, telecommunications and technology. Mark Plotkin specializes in financial services regulation, IT and national security and foreign inward investment.

Within Technology: outsourcing, tier 4

Nigel Howard’s two-partner outsourcing practice at Covington & Burling LLP in New York is supported by the firm’s key strengths in life sciences, transportation, broadcasting and media, and sports and commended as ‘excellent in all respects’. Outsourcing to the cloud is a major issue and the team is advising Microsoft on its cloud computing terms and conditions and other policy aspects related to cloud computing, including drafting speeches and federal legislative proposals. Howard, who clients rate as ‘efficient and good value’, has a particular specialism in advising the airline industry on mission-critical outsourcing arrangements, is acting for American Airlines on a significant IT development contract around unbundled packages involving multiple products and services. Other instructions included representing CBSInteractive, TouchTunes as well as pharmaceutical giant AstraZeneca. New clients include CHEP USA and Brown Brothers Harriman.

Within Technology: transactions, tier 4

Covington & Burling LLP’s ten-partner integrated technology transactions group assists with ‘high-value, high-profile’ transactions including M&A, venture capital investments, public offerings, joint ventures, collaborations and licensing, distribution and outsourcing agreements, and internet and e-commerce matters. A diverse client list spans life sciences, financial services, energy, cleantech, sports, media, software and technology, communications, transportation, manufacturing and retail. Nigel Howard in New York is recommended as ‘practical and responsive and the quality of his work is exceptional’. In 2010, he represented American Airlines in negotiating a contract for an IT system and related services with ITA Software. In Washington DC, practice head and leading life sciences lawyer John Hurvitz represented global giant AstraZeneca in a worldwide collaboration with Targacept and Eisai in an exclusive license agreement with Helsinn Healthcare. Amy Toro in San Francisco assisted ExxonMobil in its license and research collaboration with Synthetic Genomics. Evan Cox and his team advised Microsoft on terms of service, intellectual property, liability, open source software and policy matters relating to their BPOS and Azure cloud computing services.

Within Telecoms and broadcast: regulatory, Covington & Burling LLP is a first tier firm,

Covington & Burling LLP’s ‘highly skilled and responsive’ regulatory group is considered ‘the best in the field’ and its attorneys win praise for ‘high-quality work, responsiveness, acumen and value’, combining close ties to the Washington DC bar and the FCC with a growing West Coast presence. The practice’s engagement with the critical issues affecting the dynamic telecoms industry has brought it a prestigious list of media and broadcast clients. Work in 2010 focused on developments in the online space including mobile DTV as well as legislative matters around broadcasting spectrum, signalling and retransmission consents. The group continues to represent clients at the FCC regarding legislative developments and regulatory investigations. Gerard Waldron, who rejoined the firm after a term on Capitol Hill as Chief Counsel of the House Select Committee on Energy Independence and Global Warming, operates at the intersection of communications and energy law and policy, advising on the emerging smart grid. The ‘superb’ communications and media practice group chair Mace Rosenstein, who combines transactional mandates with FCC expertise, leads a team representing Univision Communications, the nation’s largest integrated Spanish language media company and the fifth-largest broadcast network, in significant transactional matters; FCC compliance; and a dispute with the Arbitron ratings service and spectrum policy and strategy. Yaron Dori, who specialises in communications and privacy matters, advised longstanding client Microsoft on compliance with FCC rules and proceedings on net neutrality and the future of media and on product development and launches, including the Windows Mobile 7 Platform. Kurt Wimmer brings recent industry experience to the group. Co-chair of the technology and media group Jennifer Johnson focuses on broadcast and media work. Together with Jonathan Blake, she advises TV industry trade associations, the Association for Maximum Service Television (MSTV) and the National Association of Broadcasters (NAB), on legislative and regulatory issues including initiatives stemming from the FCC’s National Broadband Plan, which was submitted to Congress in March 2010. The firm’s range of expertise and prestigious client list are testament to the resources and energy it continues to commit to this practice area. Clients include Bank of America, TDS Telecommunications, Gannett Co, Hulu, Newport Television and NBC Television Affiliates.

Within Telecoms and broadcast: transactional, Covington & Burling LLP is a second tier firm,

‘Top communications firm’ Covington & Burling LLP has an excellent reputation in transactional work, acting on some of the most prominent deals in the sector. According to clients, ‘service is absolutely top notch’. Mace Rosenstein, chair of the firm’s communications and media practice group, is respected by peers and clients alike. The team advises clients from wireless, wireline, broadcast, cable and media industries and investors including banks and private equity firms. The team represented Univision Communications and its private equity sponsors Providence Equity Partners, TPG Capital, Madison Dearborn Partners, Thomas H Lee Partners and Saban Capital Group, in a $1.2bn transaction, in which Mexican media company Grupo Televisa will make a substantial investment in Univision, and the long-term Program License Agreement between the two companies will be expanded and extended. Together with Yaron Dori, Rosenstein is advising Bank of America in connection with the restructuring of FairPoint Communications. Kurt Wimmer, who applies his recent industry experience to ‘provide direct counsel on public policy, content rights and contractual matters’, advised nine leading television station groups on the formation of Pearl Mobile DTV and represented the Pearl group in negotiating a joint venture with FOX Entertainment, ION Television and NBC Universal to develop a new national mobile content service. In 2010, Gerard Waldron rejoined the firm after a term on Capitol Hill as Chief Counsel of the House Select Committee on Energy Independence and Global Warming. Other key clients include MSD Capital, TPG Capital and National Hockey League.

Within Antitrust, Covington & Burling LLP is a third tier firm,

Covington & Burling LLP has continued to expand during testing times and has accumulated a senior team with extensive government experience. In March 2011, the firm added a four-partner antitrust litigation team to its Washington DC office after John Nields, Alan Wiseman, Andrew Lazerow and Jason Raofield joined from the disbanded Howrey LLP. The antitrust and consumer law practice group is co-chaired by Tom Barnett, a former assistant attorney general of the Antitrust Division of the DOJ, and Deborah Garza, who is a former acting assistant attorney general of the same. Additionally, Jim O'Connell is a former deputy assistant attorney general and James Garland is a deputy chief of staff and counselor to the AG. As well as teams in Washington DC, San Francisco and New York, the firm can leverage the 11-strong competition team in its Brussels office and a network of local law firms in foreign jurisdictions to deal with international matters. The team’s broad practice spreads evenly across mergers, advisory work – particularly on joint ventures or other collaborations in life sciences, oil and gas, and telecoms – as well as class action litigation and cartel investigations. Its talents attract A-list clients such as Disney, Expedia, ExxonMobil, Merck & Co and Samsung. Recent highlights include advising Expedia on its participation in Fairsearch.org – a coalition of travel companies seeking to educate the DOJ and others about the potential harm to competition from Google’s proposed acquisition of ITA. It also advised Dartmouth-Hitchcock Medical Center on the FTC’s investigation into its proposed affiliation with Catholic Hospital Center of Manchester, New Hampshire, and advised Pepco Holdings on regulatory approvals for the $1.7bn sale of Pepco’s Connectiv Energy merchant generation business to Calpine.

Within M&A: large deals ($1bn-5bn), Covington & Burling LLP is a third tier firm,

With US offices in New York, Washington and San Francisco, Covington & Burling LLP ‘gives excellent, experienced and practical advice, and is attuned to the business practicalities of its clients’. Other clients praise the ‘exceptional level of service across the board. It is extraordinarily sophisticated and has a very strong team. It also does it in a very cost-effective manner’. Representative work has included advising Thomson Reuters in its acquisition of Information Holdings and assisting Pfizer in its purchase of Bioren, a privately held company specializing in technology for optimizing antibodies. Hanesbrands was advised in its spin-off from Sara Lee Corporation, and AudioCodes assisted in its acquisitions of Nuera Communications and Netrake Corporation, both venture-backed private companies in the telecommunications equipment industry. The firm also acted for Coty in its approximately $800m acquisition of Unilever’s global prestige fragrance business and in the auction and sale of its Chinese subsidiary, Yue-Sai cosmetics. Johnson & Johnson was represented in its $230m acquisition of TransForm Pharmaceuticals, a privately held company that specializes in the discovery of certain forms of drug molecules. New York-based Scott Smith leads the firm’s M&A and private equity efforts. Smith is a principal adviser to companies, investment banks and private equity funds, and led the team advising Procter & Gamble in the $3.1bn sale of its pharmaceutical business to Warner Chilcott. Also in New York, Stephen Infante is ‘very sharp and detail-oriented. He rarely misremembers things and is good at making sure his client is thinking of all aspects of an issue’. Infante’s experience includes public and private acquisitions and divestitures, going private transactions, cross-border deals and joint ventures, as well as the representation of investment banks as financial advisors in M&A transactions. In Washington DC, Bruce Wilson is a key contact within the firm’s health care services M&A practice. Wilson has extensive experience in the structuring of television, new media, telecommunications and entertainment facilities transactions, as well as sponsorship transactions. Overall, clients find the firm to be ‘a great fit for anybody looking for very capable help on corporate and regulatory manners in international business. It also brings a lot of intellectual talent to any assignment we give it’.

Within Overview,

The dissolution of Howrey LLP in March 2011, following the departure of more than 100 partners during the course of the preceding year, saw the break-up of a formerly leading antitrust practice. Beneficiaries of the fallout included Baker Botts L.L.P., which recruited a nine-partner antitrust team to its Washington DC office, and Covington & Burling LLP, which added a four-partner antitrust litigation team, also in Washington DC.

Within Domestic tax: East Coast, tier 7

Covington & Burling LLP’s East Coast tax department expanded to 15 partners with the lateral hire of the highly experienced and knowledgeable Robert Culbertson from Paul, Hastings, Janofsky & Walker LLP; Culbertson and of counsel Kurt Baca, who joined the firm at the same time, provided advice on the federal tax consequences of a currency derivative trading program. Practice clients include Bristol-Myers Squibb, Brown Brothers Harriman and Sun Financial.

Within Employee benefits and executive compensation, Covington & Burling LLP is a second tier firm,

Covington & Burling LLP’s employee benefits advisory practice has ‘more intellectual horsepower than other firms in this area’, whose ‘very responsive and knowledgeable attorneys create confidence that employee benefits compliance is assured’. A cadre of 14 partners in Washington DC, several of whom have served in senior government positions, is well-connected with government agencies, and contributies to policy development through a close involvement with professional associations including The ERISA Industry Committee. The group handles matters ranging from pension plan tax advisory work to the complex reorganization of contractual and pensions arrangements in cross-border M&A transactions. The firm also has an experienced ERISA litigation group of similar size with which the advisory practice lawyers work closely. It advises Dow Chemical Company on the full variety of legislative, rulemaking, litigation, administrative dispute, fiduciary, investment, plan design, and compliance matters in the employee benefits and executive compensation arena. Client-commended lawyers in a very strong department include Seth Safra for his ‘his subject matter expertise’, and Richard Shea, for ‘superb work and his breadth and depth of knowledge in the defined benefit pension area and the Pension Protection Act’. Also recommended are Michael Francese and Amy Moore. John Vine, the former group chair, now of counsel, brings tremendous experience and gravitas to the department. Practice group clients include General Electric Company, Honeywell International, Union Pacific and Verizon.

Within International, tier 5

Covington & Burling LLP’s lateral hire of the highly experienced and knowledgeable Robert Culbertson, ‘tremendous technical expertise and a wonderful person to work with’, and the ‘solid international tax expert’ Kurt Baca from Paul, Hastings, Janofsky & Walker LLP adds gravitas to a group whose younger partners have achieved a growing prominence. Daniel Luchsinger recently advised in the restructuring and integration of a multibillion-dollar worldwide acquisition into an existing multinational ownership structure. Practice clients include Armani, Bacardi and Vivendi.