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Witney Schneidman

Global problem solving is us helping our clients engage with governments and navigate regulatory environments in such a way that it furthers our clients commercial objectives while helping governments further their economic development objectives. This is what we call a win-win-solution.

GPS uses expertise about foreign markets and diplomacy to help our clients navigate and trouble-shoot in countries and regions all over the world. Combining policy, diplomatic, and legal capabilities from the toolkit can yield real-world results for our clients.

Senior International Advisor for Africa

Senior Advisor

Kimberly Breier

Comprehensive Client Solutions

Diplomatic and Government Insight

Sophisticated Corporate, Litigation and Investigations, and Regulatory Legal Counsel

Our global team of lawyers, former diplomats, senior government officials, and investigators has a significant depth of experience in dealing with the types of complex problems that involve both legal and governmental institutions.

We bring decades of experience and judgment in commercial diplomacy gained at the very highest levels of corporate and governmental practice. Combining multiple skills and individuals in one highly collaborative team, we can develop and execute a holistic strategy.

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With a political career spanning almost 40 years, Lord Francis Maude has held a number of high profile government positions, including as shadow Chancellor of the Exchequer, shadow Foreign Secretary, and Conservative Party Chairman. He was Minister for Europe under Margaret Thatcher, and a signatory to the Maastricht treaty. More recently, he was Minister for the Cabinet Office and Paymaster-General, and then Minister for Trade and Investment. Lord Maude was elevated to the House of Lords in May 2015. As part of Covington’s Public Policy group and Covington’s Brexit Taskforce, Lord Maude forms part of a key panel of senior advisors guiding clients through the evolving post-Brexit vote landscape. Lord Maude, a non-lawyer, draws on his experience in international trade issues to advise clients on UK and European business issues. In his previous post as UK Trade and Investment Minister, Lord Maude not only underlined Britain as a strong place for business but also boosted the environment for UK-based businesses to export globally. It is this insight which he brings to Covington client issues.

Former UK Minister Trade and Investment London

Lord Francis Maude

International Arbitration Lawyer

Nicole Duclos

International Corporate and M&A Lawyer, Head of Middle East Practice

Bruce Wilson

International Arbitration Lawyer

Jeremy Wilson

Former EU Director-General for Enlargement

Sir Michael Leigh

Former U.S. Deputy Assistant Secretary of State for African Affairs

Witney Schneidman

Former Assistant U.S. Trade Representative for China Affairs

Timothy Stratford

Former Deputy Secretary, U.S. Treasury

Ambassador Stuart Eizenstat

Former Deputy Director-General of DG Trade at the European Commission

Ambassador Péter Balás

International Disputes Lawyer, Formerly with the Office of the U.S. Trade Representative

Marney Cheek

Former Permanent Representative of Belgium to the EU

Jean De Ruyt

Former Prime Minister of Sweden

Carl Bildt

Global Dispute Resolution Lawyer

Craig Pollack

Former Member of the European Parliament

Erika Mann

Former U.S. Attorney General

Eric Holder

Former U.S. Under Secretary of State

Alan Larson

Former UK Minister Trade and Investment

Lord Francis Maude

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Among our deep bench of lawyers, Covington's global problem solving team includes many former government officials who previously served in some of the most high-ranking positions in the world.

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Ambassador Karel Kovanda

Former European Commission Deputy Director General of External Relations

Lanny Breuer

Former Assistant U.S. Attorney General

Sebastian Vos

Global Public Policy Chair

Dan Spiegel

Former U.S. Permanent Representative to the European Office of the United Nations

Christopher Adams

Former Senior Coordinator for China Affairs, U.S. Treasury Department

Louise Freeman

Complex Commercial Disputes Lawyer

With more than 40 years of experience working across Sub-Saharan Africa, Witney Schneidman helps clients with their most complex challenges and opportunities that arise on the continent.

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With more than 40 years of experience working across Sub-Saharan Africa, Witney Schneidman helps clients with their most complex challenges and opportunities that arise on the continent.

International Criminal Prosecution Challenges U.S. and Europe IP Litigation and Policy Affairs U.S. and China Media IP Dispute Europe and China Infrastructure Project Chile, Brazil, France, and South Korea Financial Fraud Europe, U.S., Africa, and Asia Complex Contract Negotiations Asia and Africa COVID-19 Supply Chain Disruptions U.S. and Mexico Complex Litigation Global Reset in Relations U.S. and China Bet-the-Company Trade Sanctions U.S. and Russia Possible Misconduct in Government Approvals China Mining Acquisition Africa International Arbitration Ukraine and Russia Blockchain Framework Global Energy Sector Tariffs U.S. and Europe Complex Dispute Africa

Working hand in glove with the client, we:

After protecting its first project, the company built out a first-rate production and government relations team. It now is an established exploration and production company active across a number of countries throughout the Atlantic rim.

Result

Secured the support of the U.S. government to stabilize the situation and convinced the IFC to proceed with the cornerstone loan.

Took extraordinary measures to persuade the President of the local government to resolve the false allegations against the company and proceed with the project.

Our strategy was to use commercial diplomacy to convey that the prosecution by the Spanish government was politically motivated and without foundation and would deter foreign investment in the country.

Strategy

We worked to activate the U.S. Senate Committee on Foreign Relations, the U.S. Spain Business Counsel, and the U.S. Ambassador to Spain to engage with the government of Spain.

We also prepared substantive legal arguments as to why there was no fraud.

Covington prevailed on liability in the HK arbitration proceedings, as well as winning multiple other proceedings across mainland China and Hong Kong SAR, facilitating a favorable resolution for our client.

Result

Covington led a coordinated series of actions, including initiating Hong Kong arbitration proceedings and ancillary proceedings in the High Court of Hong Kong SAR, coupled with Chinese trademark infringement and unfair competition claims in Chinese courts and trademark invalidation procedures before the China Trademark Review and Adjudication Board, combined with diplomatic efforts to create a favorable political environment for the client, in order to defend our client’s IP in its television format.

Strategy

Result

Strategy

Craig Pollack

Partner

Covington Team

Craig Pollack has litigated in countries including England, Cyprus, Switzerland, Netherlands, Luxembourg, Germany, Italy, France, Spain, Poland, Czech Republic, Greece, Cayman, BVI, Bahamas, Russia, Ukraine, Kyrgyzstan, China, Singapore, Hong Kong, India, South Africa, Zimbabwe, Ethiopia, Ghana, Israel, Lebanon, and Saudi Arabia, among others.

The successful application for interim relief in France and Chile allowed us to negotiate a settlement that put Hyundai in control of the joint venture and allowed it to commence construction of the Chacao bridge, which is currently underway.

Result

We pursued a two-pronged legal strategy:

Strategy

Nicole Duclos

Partner

Has acted as counsel and advisor in international commercial arbitrations under the ICC, UNCITRAL, ICDR and AAA rules, as well as in investment treaty disputes under the ICSID and UNCITRAL rules. Her experience spans construction, energy, mining, agroindustry, and finance, among other industries.

Covington Team

Ranked by Legal 500, Chambers & Partners, and Latinvex’s “Latin America’s Top 100 Lawyers.”

OAS’s insolvency led to the suspension of the joint venture’s financing. Our client needed to bring OAS to the negotiation table as a matter of priority.

We commenced an ICC arbitration and sought relief from an ICC Emergency Arbitrator in Paris and the Chilean courts.

Following our efforts over the span of three years, the Netherlands government dropped the prosecution.

Result

Through a multifaceted combination of diplomatic and legal tactics, our strategy was to demonstrate that the accusations were illegitimate and that the related investigation should be ended.

Strategy

Stuart Eizenstat

Senior Counsel

Our cross-practice team was led by Stu Eizenstat, who, among other previous roles, served as U.S. Ambassador to the European Union, Under Sectary of State, and Deputy Secretary of the Treasury in the Clinton Administration and chief White House domestic policy adviser to President Carter.

Covington Team

We also argued that the Dutch universal human rights statute endangered U.S. and Israeli interests.

We actively engaged with the governments of the Netherlands, Israel, and the United States, including U.S. Congress and Department of State to convince Dutch authorities to halt to the prosecution.

On the legal front, we coordinated closely with an Israeli law firm to demonstrate that the territories involved were contested and developed international legal and criminal law arguments as to why the prosecution was inappropriate.

By weaving together the necessary legal and policy tactics, the client and our team ensured that the legal process was adhered to in a fair and timely manner.

Result

We worked with the client and its external advisors, another international law firm, and local counsel on a legal and policy strategy to ensure the recovery and return of the funds.

Strategy

Al Larson

Senior International Policy Advisor

Previously served in the U.S. State Department’s two top economic policy jobs, as Under Secretary of State for Economics and Assistant Secretary of State for Economic and Business Affairs, as well as Ambassador to OECD.

Jonathan Wakely

Associate

Practices at the intersection of national security and the private sector, advising clients on a range of significant international trade, cross-border investment, national security, and public policy matters.

Covington Team

The legal component involved freezing perpetrators’ accounts by taking actions in local courts.

The policy side of the strategy focused on outreach to U.S. and foreign ambassadors to underscore the potential damage the dispute would have on the investment climate in the country where the stolen assets were routed. U.S. efforts also included outreach to the Federal Bureau of Investigations, the Department of Justice, and the Department of State.

These efforts culminated in the client recovering all of the stolen funds.

U.S. Congress passed the sanctions, which included language exempting the project, allowing it to proceed and be constructed.

When a proposed natural gas pipeline along the same route was potentially affected by U.S. sanctions against Russia, we assembled our team again, which once again successfully secured an exemption.

Result

Contract Negotiations Africa, Asia

Case study

Supply Chain U.S. and Mexico

Case study

Complex Litigation Global

Case study

Africa

Case study

Financial Fraud Europe, U.S., Africa, Asia

Case study

This case is typical of the complex and multi-faceted international and arbitration litigation work done by Mr. Pollack over 25 years. Clients engage him to set the overall case strategy and to manage teams of lawyers across multiple jurisdictions.

The matters are ongoing.

Craig Pollack

Experienced Global Dispute Resolution Lawyer

Donald Ridings

Anti-corruption Lawyer

Sebastian Vos

Global Public Policy Chair

Negotiations for a win-win outcome are ongoing.

Result

Drawing on his significant experience in Africa, Witney Schneidman contacted officials within the country’s government to relay the client’s interest in exiting the oil exploration blocks they previously had been awarded.

Through several rounds of connections, we secured negotiations with the government, our client, and several related parties.

Our team negotiated on our client’s behalf and mediated between the dozen parties at the table, which included representatives from India and other countries.

Strategy

William Park

Partner

Represents energy companies and financial institutions on a range of corporate and investigations matters. Was contacted by the Asia-based energy client who needed assistance with a contract in Africa.

Witney Schneidman

Senior International Advisor for Africa

Former Deputy Assistant Secretary of State for African affairs with 40 years of experience working in Sub-Saharan Africa.

Al Larson

Senior International Policy Advisor

Covington Team

Client

Our client sought assistance as it aimed to secure an out-of-court settlement involving a contract for oil exploration blocks in an African country.

The energy company wished to exit the arrangement.

Using our ability to navigate the complexities of governments, we are advising an Asian oil and gas company in complex contract negotiations with an African country.

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Alan P. Larson

Former U.S. Under Secretary of State Washington

Alan Larson provides clients with strategic advice, counseling and representation at the intersection of international business and public policy. A Ph.D. economist, decorated diplomat and non-lawyer, Mr. Larson advises clients on high stakes international challenges. His trouble shooting takes him to all parts of the world. His practice encompasses international investment and acquisitions; sanctions and trade compliance; international energy transactions, international aviation and international trade. He has helped win approval of the U.S. Committee on Foreign Investment in the U.S. (CFIUS) for some of the highest profile foreign investments in the United States, including several by state-owned companies and sovereign wealth funds. He previously served in the State Department two top economic policy jobs, as Under Secretary of State for Economics and Assistant Secretary of State for Economic and Business Affairs, as well as Ambassador to the OECD. He is a Career Ambassador, the State Department’s highest honor.

Eric Holder

Former U.S. Attorney General Washington

Eric Holder advises clients on complex investigations and litigation matters, including those that are international in scope and involve significant regulatory enforcement issues and substantial reputational concerns. Mr. Holder, who was a partner at Covington from 2001 to 2009, rejoined the firm after serving for six years as the 82nd Attorney General of the United States. Before his service as Attorney General, Mr. Holder maintained a wide-ranging investigations and litigation practice at Covington. Among numerous significant engagements, he led the firm’s representation of a major multi-national agricultural company in related civil, criminal, and investigative matters; acted as counsel to a special investigative committee of the board of directors of a Fortune 50 technology company; successfully tried a complex discrimination lawsuit on behalf of a leading financial services company; and represented several life sciences companies in litigation and investigations. Mr. Holder served as Attorney General from February 2009 to April 2015. As the third longest serving Attorney General in U.S. history and the first African American to hold that office, Mr. Holder is an internationally recognized leader across a broad range of regulatory enforcement, criminal justice, and national security issues. In 2014, Time magazine named Mr. Holder to its list of 100 Most Influential People, noting that he had “worked tirelessly to ensure equal justice.” Including his tenure as Attorney General, Mr. Holder has served in government for more than thirty years, having been appointed to various positions requiring U.S. Senate confirmation by Presidents Obama, Clinton, and Reagan.

Erika Mann

Former Member of the European Parliament Brussels

Erika Mann, a non-lawyer, is a senior European policy advisor in Covington’s EU Public Policy Practice Group. The team advises clients on a range of European public affairs issues, including the EU policy-making processes and functioning of the European institutions. A former Member of the European Parliament, Ms. Mann has over 20 years of experience in policy related matters. She was a Member of the European Parliament (MEP) for Germany between 1994 and 2009. As an MEP, she concentrated on trade policy, transatlantic relations, financial services, pharmaceuticals, digital economy, telecommunications and Internet related legislation and research policy. Ms. Mann was the Chairperson of the Joint Board which coordinates World Trade Organization matters between the European Parliament and the Inter-Parliamentary Union (IPU) based in Geneva. She also served as the Chairperson of the European Parliament Delegation with Mexico between 2005 and 2009, and has worked on Free Trade Agreements with various countries. She served on European Parliament delegations to Ukraine, Moldova, Belarus, EFTA-Countries, and South Asia. Prior to this, Ms. Mann was the European Chairperson of the Transatlantic Policy Network between 2003 and 2008. In this position, she conceived the notion of a “transatlantic market” between the EU and the U.S., which lead to the foundation of the Transatlantic Economic Counsel (TEC). She sat as a member of the advisory board of TEC until 2009.

Craig Pollack

Global Dispute Resolution Lawyer London

Craig Pollack draws on over 25 years of litigation and arbitration experience to guide clients through the most complex, cutting edge international disputes. Ranked across the legal directories as a ‘leader in the field,' Mr. Pollack has worked on some of the most high profile litigation of recent years. Mr. Pollack acts for major investment banks, hedge funds, public companies, and high net worth individuals and has particular expertise in complex multi-jurisdictional disputes, regulatory investigations, and banking and financial markets disputes.

Carl Bildt

Former Prime Minister of Sweden Brussels

Carl Bildt, Former Prime Minister of Sweden, draws on his extensive political experience to advise clients as a non-lawyer member of the firm’s global Public Policy and Government Affairs practice. Mr. Bildt returned to government office as Sweden’s Minister for Foreign Affairs from 2006 to 2014. As Prime Minister of Sweden from 1991 to 1994, Mr. Bildt led the government that negotiated and signed Sweden’s accession to the European Union, reformed and liberalized the Swedish economy, and modernized its welfare system. After leaving office, he played a key role as a mediator in the Balkan conflict for the European Union and the United Nations. As Foreign Minister, he was an important proponent of the EU’s “Eastern Partnership” and of EU engagement in the Middle East.

Arturo Valenzuela

Former Assistant U.S. Secretary of State for Western Hemisphere Affairs Washington

Dr. Valenzuela, a non-lawyer, is a highly regarded scholar, diplomat, and international business consultant. He provides strategic advice, risk assessment and consulting services to U.S. and international clients with investments and operations in Latin America and Latin American clients interested in expanding their operations overseas. His clients have included Fortune 500 firms and leading Latin American multinationals. He is the recipient of the highest diplomatic honors bestowed by the Republics of Brazil and Colombia and Kingdom of Spain. Prior to his association with Covington, Dr. Valenzuela was Assistant Secretary for Western Hemisphere Affairs in the U.S. Department of State in the first Obama Administration. In that position he was responsible for the formulation, execution and management of US policy towards the countries of the Americas. During President Clinton's second term, he served at the White House as Special Assistant to the President and Senior Director for Inter-American Affairs at the National Security Council. In that capacity, he advised the President and the National Security Advisor on foreign, defense, intelligence, economic, and other policy issues and helped to manage the formulation and implementation of multilateral and bilateral foreign policy initiatives in the Americas. In President Clinton’s first term, Dr. Valenzuela was appointed by the White House as Deputy Assistant Secretary for Western Hemisphere Affairs with primary responsibility for the implementation of U.S. foreign policy toward Mexico, including the NAFTA side agreements.

Ambassador Karel Kovanda

Former European Commission Deputy Director General of External Relations Brussels

Ambassador Karel Kovanda is a senior public policy advisor in Covington’s EU Public Policy Practice Group. A former diplomat and non-lawyer, Ambassador Kovanda has a wealth of experience, having held extensive diplomatic and private sector positions. Ambassador Kovanda previously worked as Deputy Director-General of Relex (now the European External Action Service) in the European Commission. He was responsible inter alia for relationships with non-EU OECD countries, human rights and international organizations. Prior to that, he served as the Czech Permanent Representative (Ambassador) to NATO, including as Dean of the NATO diplomatic corps, after having acted as a Czech Deputy Minister of Foreign Affairs. Ambassador Kovanda also held several positions at the United Nations, where he served as the Czech Permanent Representative (Ambassador). He was Vice-President and subsequently President of the UN Economic and Social Council as well as a member of the UN Security Council, including two monthly terms as President.

Kevin Coates

Former Head of Unit at DG Competition, European Commission Brussels

Kevin Coates advises clients on critical antitrust matters drawing on his extensive public sector experience in the Directorate-General for Competition of the European Commission ("DG COMP"), most recently as Head of a Cartel Unit. His practice has a particular focus on advising companies in the electronics, technology, software and e-commerce sectors. Mr. Coates advises on all aspects of EU, UK and international competition law, including merger control, compliance, cartels and leniency, and abuse of dominance. Mr. Coates served as Head of a Cartel Unit at the Directorate-General for Competition (“DG Comp”) at the European Commission between 2012 and 2016. Prior to this, he held several positions within DG Comp, including advising the Director General of DG Comp on policy and communications issues, and overseeing competition cases in the telecoms and media sectors. He also served as in-house counsel at a leading technology company.

Marney Cheek

International Disputes Lawyer, Formerly with the Office of the U.S. Trade Representative

Marney Cheek is co-chair of Covington’s Arbitration Practice Group. She represents both states and corporate clients in complex international disputes, drawing upon her expertise in public international law, investment, and international trade. She serves as counsel before numerous international tribunals, advises on complex commercial and investment treaty cases, and litigates international law issues in U.S. Courts. Ms. Cheek also advises clients and provides strategic advice on international trade and investment matters. Her trade practice draws upon her experience as Associate General Counsel at the Office of the U.S. Trade Representative. Ms. Cheek routinely counsels clients on a range of implementation and enforcement issues arising under bilateral and multilateral trade agreements, including on topics such as intellectual property, financial services, standards, trade preferences, investment, non-tariff trade barriers, competition, and the environment. Ms. Cheek is vice-chair of the firm’s International Trade Practice Group.

Ambassador Péter Balás

Former Deputy Director-General of DG Trade at the European Commission Brussels

Ambassador Péter Balás, a non-lawyer, is a senior policy advisor and member of Covington’s Public Policy team. He draws on over 40 years of experience in the field of European and international politics and trade to advise clients on policy related issues. Most recently, Ambassador Balás held the positions of Deputy Director General, DG Trade to the European Commission and Head of the Support Group for the Ukraine in the European Commission. He was previously Ambassador and Permanent Representative of Hungary to the World Trade Organisation. Ambassador Balás has also held several positions working for the Hungarian Government, including as Deputy State Secretary for International Economic Relations at the Ministries of Economic Affairs and Foreign Affairs; Assistant State Secretary in the Ministry of Industry and Trade, and Director-General in the Ministry of International Economic Relations in Budapest.

Ambassador Stuart Eizenstat

Former Deputy Secretary, U.S. Treasury Washington

Ambassador Eizenstat focuses on resolving international trade problems and business disputes with the U.S. and foreign governments, and international business transactions and regulations on behalf of U.S. companies and others around the world. During a decade and a half of public service in three US administrations, Ambassador Eizenstat has held a number of key senior positions, including chief White House domestic policy adviser to President Jimmy Carter; U.S. Ambassador to the European Union, Under Secretary of Commerce for International Trade, Under Secretary of State for Economic, Business and Agricultural Affairs, and Deputy Secretary of the Treasury in the Clinton Administration. During the Clinton Administration, he had a prominent role in the development of key international initiatives, including the negotiations of the Transatlantic Agenda with the European Union (establishing what remains of the framework for the US relationship with the EU); the development of the Transatlantic Business Dialogue (TABD) among European and U.S. CEOs; the negotiation of agreements with the European Union regarding the Helms-Burton Act and the Iran-Libya Sanctions Act; the negotiation of the Japan Port Agreement with the Japanese government; and the negotiation of the Kyoto Protocol on global warming, where he led the U.S. delegation.

Timothy Stratford

Former Assistant U.S. Trade Representative for China Affairs Beijing

Tim Stratford is managing partner in Covington’s Beijing office and a member of the International Trade, Corporate and Public Policy Practice Groups. Mr. Stratford’s practice is focused on advising international clients doing business in China and assisting Chinese companies seeking to expand their businesses globally. As a former Assistant U.S. Trade Representative, Mr. Stratford is the most senior former U.S. trade official working as a member of the U.S. business community in China. Except for the five years he spent in Washington in government service, Mr. Stratford has lived and worked continuously in the greater China region since 1982. While at USTR, Mr. Stratford was responsible for developing and implementing U.S. trade policy toward mainland China, Taiwan, Hong Kong, Macao and Mongolia. He worked closely with other senior U.S. and Chinese officials from numerous government departments and agencies to address problems encountered by companies engaged in bilateral trade and investment and co-chaired a number of important bilateral working groups and dialogues established under the U.S.-China Joint Commission on Commerce and Trade and the U.S.-China Strategic & Economic Dialogue. Prior to serving at USTR, Mr. Stratford was General Counsel for General Motors’ China operations, where he was a member of GM’s senior management team in China and oversaw the company’s legal and trade policy work. Mr. Stratford also served previously as Minister-Counselor for Commercial Affairs at the U.S. Embassy in Beijing and as Chairman of the American Chamber of Commerce in China. He is fluent in Mandarin and Cantonese.

Witney Schneidman

Former U.S. Deputy Assistant Secretary of State for African Affairs Washington

Former Deputy Assistant Secretary of State for African Affairs With more than 40 years of experience working across Sub-Saharan Africa, Witney Schneidman helps clients with their most complex challenges and opportunities that arise on the continent. Dr. Schneidman provides strategic advice on the varied political, economic, social, and regulatory issues that are critical to companies’ success in Africa. This includes issues related to Corporate Social Responsibility, compliance, market entry and risk mitigation. Drawing on his experience in the State Department, the World Bank, think tanks, and his own consulting practice, Dr. Schneidman, has advised energy, technology, consumer and health companies, among others, on projects in more than 30 African countries. He has also served as Deputy Assistant Secretary of State for African affairs, and on the Africa advisory committees in the Office of the U.S. Trade Representative and at the U.S. Export-Import Bank.

Lanny Breuer

Former Assistant U.S. Attorney General Washington, New York

Lanny A. Breuer is Covington’s Vice Chair and one of the leading trial and white collar defense attorneys in the United States. He specializes in helping clients navigate financial fraud investigations, anti-corruption matters, money laundering investigations, securities enforcement actions, cybercrime incidents, Congressional investigations, and other criminal and civil matters presenting complex regulatory, political, and public relations risks. He has successfully defended dozens of institutions and individuals in high-stakes criminal and civil matters. Mr. Breuer is a Fellow in the American College of Trial Lawyers. From 2009-2013, Mr. Breuer served as Assistant Attorney General for the Criminal Division at the U.S. Department of Justice, where he was widely acknowledged as a thought leader in the area of criminal law enforcement. For his work as the longest serving leader of the Criminal Division in recent history, Mr. Breuer received the Edmund J. Randolph Award for outstanding service, as well as numerous other accolades. Mr. Breuer previously served as Special Counsel to President William Jefferson Clinton and Assistant District Attorney in Manhattan.

Sebastian Vos

Global Public Policy Chair Brussels

Sebastian Vos is co-chair of Covington’s Public Policy practice and heads up its European division. He has extensive experience in the European Union and advises clients as they navigate and manage today’s global regulatory and policy challenges. Mr. Vos provides clients with strategic public policy, regulatory, and communications advice on a range of competition, trade, transactional and sectoral issues. Mr. Vos has particular expertise in advising companies in the technology, financial services, energy and transport sectors. Mr. Vos was formerly a partner at a leading global public affairs consultancy. Prior to this, he was head of the competition practice at a strategic communications agency. He worked as an attorney at a magic circle firm, specializing in Antitrust, Competition and Trade law, as well as being a member of the Public Policy practice.

Sir Michael Leigh

Former EU Director-General for Enlargement Brussels

Sir Michael Leigh, a non-lawyer, is a senior advisor in Covington’s EU Public Policy Practice Group. He has over 30 years of experience in the field of European and international politics and policy. He has held positions in various EU institutions, with a focus on the European Union’s relations with neighboring countries to the east and south. From 2006 to 2011, Sir Michael was Director-General for enlargement with the European Commission, after three years as external relations deputy director-general with responsibility for European Neighborhood Policy, relations with Eastern Europe, Southern Caucasus, Central Asia, Middle East, and the Mediterranean countries. In his time at the European Commission, he was a cabinet member for three Commissioners and a Director in the Task Force for EU Accession Negotiations. He has advised governments, written and lectured extensively about the implications of Brexit, the future of the Eurozone and the EU, Ukraine, Turkey, the Mediterranean and the Middle East.

Alex Leitch

International Disputes Lawyer

Clients from around the world engage Alex Leitch because of his proven track record in handling complex, high-value and high-profile international disputes in the English High Court and beyond. A commercial litigator, Mr. Leitch focuses on disputes arising from all significant contractual and commercial relationships. Alex Leitch has particular expertise in dispute work for companies in the financial services, life sciences, healthcare and pharmaceutical sectors. Mr. Leitch is also frequently asked by clients to advise on various strategic issues and challenges facing their businesses. He regularly undertakes advocacy before the English High Court and other Tribunals. As part of Covington’s Public Policy group and Covington’s Brexit Taskforce, Lord Maude forms part of a key panel of senior advisors guiding clients through the evolving post-Brexit vote landscape. Lord Maude, a non-lawyer, draws on his experience in international trade issues to advise clients on UK and European business issues. In his previous post as UK Trade and Investment Minister, Lord Maude not only underlined Britain as a strong place for business but also boosted the environment for UK-based businesses to export globally. It is this insight which he brings to Covington client issues.

Jeremy Wilson

International Arbitration Lawyer London

Jeremy Wilson is a partner in Covington’s London office and co-chair of the firm’s International Arbitration practice. Mr. Wilson advises and represents parties in price review disputes, investor-state matters, and commercial arbitration matters, including in both ad hoc proceedings under the UNCITRAL Rules and institutional arbitrations around the world, including under the rules of the ICC, HKIAC, the SCC, and the LCIA.

Bruce Wilson

International Corporate and M&A Lawyer, Head of Middle East Practice Washington, Dubai

Bruce Wilson is a senior corporate and M&A lawyer with extensive transactional experience in the industrial, sports, life sciences, media and branded consumer goods sectors. Mr. Wilson represents clients around the globe in a wide range of cross-border matters, both public and private, including acquisitions, project and related financings, marketing initiatives and other commercial transactions. He has advised a host of U.S. and global companies in acquisition and post-merger integration matters, leading the integration efforts for some of the most complex international mergers in the last decade. Mr. Wilson has advised companies in structuring responses to hostile takeover bids and has extensive experience in media and brand development transactions and in technology licensing. As the head of the firm’s Middle East practice, Mr. Wilson is also a principal transaction advisor to international companies, government agencies, and project sponsors operating in the Middle East and North Africa.

Ian Hargreaves

International Disputes and Fraud Lawyer

Ian Hargreaves advises clients on major fraud – both civil and criminal elements, asset tracing and recovery, bribery and corruption, money laundering, modern slavery, sanctions, and investigations/compliance work generally. He also has experience in corporate and commercial governance and risk management as well as commercial disputes and cybercrime. Mr. Hargreaves' clients include high-net worth individuals, corporates, and financial institutions. He has acted for large pharma companies, hotel chains, banks and building societies, supermarkets and retail companies, drinks manufacturers, and mining, oil, and gas companies. Mr. Hargreaves has an excellent track record of winning cases for corporates, professionals, and other individuals. Mr. Hargreaves has led several recent investigations in China and across Africa and Europe utilizing his strong contacts in each of those countries/continents.

Dan Spiegel

Former U.S. Permanent Representative to the European Office of the United Nations Washington

Ambassador Daniel Spiegel was instrumental in the recent opening of the firm’s Seoul office where he spent a significant amount of time and remains deeply involved in Covington’s Korea practice. He regularly counsels multinational corporations on complex market entry strategies in Asia and other regions. Mr. Spiegel's international policy practice enables him to provide domestic and foreign clients with a broad range of legal services, strategic advice, and representation in their relations with both government and multilateral organizations such as the United Nations, IMF, and the OECD. He has also represented sovereign governments from Europe, Latin America, and the Persian Gulf on trade, investment, environmental, and foreign policy matters.

Christopher Adams

Former Senior Coordinator for China Affairs, U.S. Treasury Department Washington

Christopher Adams advises clients on matters involving China and the region. A non-lawyer, Mr. Adams recently served as the Senior Coordinator for China Affairs at the Treasury Department. He coordinated China policy issues across the U.S. government, led negotiations with China on a broad range of trade and investment issues, managed the highest level U.S.-China economic policy dialogues for the Obama and Trump administrations, and advised the Treasury Secretary and other cabinet officials. Mr. Adams helped develop and implement U.S. trade policy toward China with the Office of the United States Trade Representative (USTR) from 2007 to 2015 as Deputy Assistant U.S. Trade Representative for China Affairs, Senior Policy Advisor to the Deputy USTR, and Minister Counselor for Trade Affairs at the U.S. Embassy in Beijing, USTR’s first representative in China.

Louise Freeman

Complex Commercial Disputes Lawyer London

Louise Freeman focuses on complex commercial disputes, and co-chairs Covington’s Commercial Litigation and European Dispute Resolution Practice Groups. Ms. Freeman helps clients to navigate challenging situations in a range of industries, including financial markets, technology and life sciences. Most of her cases involve multiple parties and jurisdictions, where her strategic, dynamic advice is invaluable. Ms. Freeman’s experience in the financial services sector includes mis-selling claims, negligence and misrepresentation claims, asset management disputes and International Swaps and Derivatives Association (ISDA)-related disputes on behalf of investment banks, international corporate groups, asset managers, and credit rating agencies. Ms. Freeman also represents parties in significant competition litigation proceedings, including the pioneering synthetic rubber cartel damages action.

Nicole Duclos

International Arbitration Lawyer New York

Nicole Duclos represents clients in international commercial and investment arbitration, as well as transnational litigation. Ms. Duclos has acted as counsel and advisor in international commercial arbitrations under the ICC, UNCITRAL, ICDR and AAA rules, as well as in investment treaty disputes under the ICSID and UNCITRAL rules. Her experience spans construction, energy, mining, agroindustry, and finance, among other industries.

When the development a major transnational oil pipeline was potentially in limbo because of sanctions, we deployed a comprehensive public policy strategy to help save the project.

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Assembling a transatlantic team, we applied international legal, diplomatic, and government relations strategies to successfully secure the return of $20 million in funds that were obtained fraudulently from our client in Europe and routed to Africa and Asia.

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Our team successfully spearheaded a coordinated international diplomatic and legal response to claims involving an Amsterdam-based rental construction equipment company and disputed territory in the Middle East.

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We represent South Korea-based Hyundai Engineering & Construction Co. Ltd. in an ICC arbitration and related proceedings arising from a joint venture project to build the longest suspension bridge in South America. The matter spanned Chile, Brazil, France, and South Korea.

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We are serving as international dispute resolution counsel in a complex litigation spanning multiple jurisdictions in Europe, Asia, and The Caribbean.

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We helped our client, a leading developer and licensor of television formats based in the Netherlands, protect its intellectual property rights in relation to one of the most watched television shows in the world by leading a multifaceted strategy in mainland China and Hong Kong SAR.

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Covington helped a defense sector client secure a multibillion dollar contract from Poland.

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With clients increasingly facing IP litigation brought against them in China, often in response to U.S. proceedings, we serve as litigation architect, ensuring that clients’ IP positions are being represented uniformly while focusing on achieving successful global resolutions.

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We helped a member-based Blockchain organization to educate regulators and the business world on the importance of the technology and help maintain a commonsense regulatory framework for it.

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When a U.S. firm was facing criminal allegations related to a foreign acquisition, we stepped in with diplomatic and legal tools to secure a settlement.

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Our team helped a start-up U.S.-based oil and gas exploration company save their first project in the face of opposition from some officials in a developing country’s government.

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Discrepancies in the timing and scope of measures adopted by the governments of the United States and Mexico in response to the COVID-19 pandemic resulted in disruptions to the supply chains of several client global companies. As United States and Mexican logistic networks are deeply integrated and often rely on “just in time” shipping, disruptions in supply chains have nearly immediate effects on our clients’ businesses. We assembled a team of public policy experts with deep knowledge of the United States and Mexican governments to help several multi-national corporations with cross-border supply chains develop immediate policy and operational responses. We also advocated for them with officials on both sides of the border and helped them inform United States and Mexican officials of their needs, all while navigating best practices in health and safety during this unprecedented time.

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Covington helped a global energy drink company with regulatory solutions and policy development around the world.

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Covington helped a Johannesburg-based telecommunications company facing a multibillion-dollar fine in Nigeria by working with the country's government to resolve the commercial dispute in a timely and equitable manner.

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Client

UK-based BP was a member of a broad consortium that was to create the 1,700+ kilometer Baku–Tbilisi–Ceyhan (BTC) crude oil pipeline connecting Azerbaijan, Georgia, and Turkey.

The entire future of the pipeline was in placed in limbo due to sanctions against Iran.

Client

Our client—a U.S.-based global Fortune 500 company—faced a financial fraud involving $20 million in funds moved to accounts in Asia and Africa.

Client

Our client, Lima Holdings is a Netherlands-based construction equipment leasing company that has affiliates based all around the world, including in Israel.

A construction project located in occupied territories in the West Bank was using rented equipment from the company. A Palestinian NGO, which was on the U.S. terror watch list, took photographs of the equipment on the site and filed a complaint with Dutch prosecutors.

Client

Hyundai and Brazilian engineering and construction firm OAS are joint venture partners for the construction of a 2,635 meter bridge over the expansive Chacao canal in Chile.

The project was jeopardized by the restructuring of OAS as a result of its involvement in the “Lava Jato” scandal in Brazil.

Client

The case involves defending the owner/ operators of a vertically integrated aluminum business with operations in China, Romania, and Africa in a multimillion dollar conspiracy claim in the English High Court.

In addition to the UK dispute, there are related Dutch proceedings, and lawyers engaged in Liechtenstein, the British Virgin Islands, and Curacao.

Client

Our client licensed its TV show format, which has been one of the most popular programs around the world, to Chinese partners for production in mainland China. After the Chinese partners offered too low a price to continue their rights to produce the program for another season, our client declined to renew the license.

The Chinese partners moved forward with recruiting, auditions, and production for an unauthorized further season regardless, and we pursued options to remedy the situation in our client’s favor.

Client

The Chinese partners moved forward with recruiting, auditions, and production for an unauthorized further season regardless, and we pursued options to remedy the situation in our client’s favor.

Client

An international defense contractor was competing against a European consortium for a contract, but our client had a problem. The Polish Government wanted a commitment from the U.S. Government to assist Poland with an interim solution to its defense needs until a new system was operational, and Poland needed that commitment by a specific date.

Client

U.S. and multinational clients increasingly are confronted with IP litigation matters in China, in a variety of different forums. Adversaries may, in particular, seek to institute IP cases in their local courts, which can raise concerns about ensuring fairness in the proceedings. We have seen instances of significant procedural irregularities, such as employees and counsel for a defendant being barred from attending an IP trial.

Client

Our client, the Global Blockchain Business Council, is a member-based organization that is trying to educate business and regulators about how important this technology is and how it can contribute to business and government.

Client

Our client acquired a European telecommunications company as a result of the government's privatization of formerly state-owned companies.

When the venture failed, a host country court alleged criminal bankruptcy by four executives.

Client

Our client—a small U.S.-based start-up oil and gas exploration company that had no revenue discovered oil in the first well it drilled offshore of a developing country, proving they could find oil where others had not.

However, the discovery sparked a tug of war within the local government. Very serious efforts were made to push our client out in favor of another company.

Client

Mexico’s first confirmed case of COVID-19 was a month after the first confirmed case in the United States. As a result, the spread of the coronavirus in Mexico lagged the spread in the United States, and the two countries adopted social distancing measures and business restrictions on different timelines.

Client

Our client—a major U.S.-based international beverage company— was faced with potential Colombian government regulatory restrictions on energy drinks, including limitations on sugar and caffeine.

These could have resulted in limiting can size or an outright prohibition on the sale of the product.

Client

The Nigerian Communications Commission (NCC) imposed a USD $5.2 billion fine on Johannesburg-based MTN relating to unregistered SIM cards issued by the company.

The company is the largest cellphone provider on the continent with a $9 billion market cap and 230 million customers in 22 countries.

Stuart Eizenstat

Senior Counsel

Howard Berman

Senior Advisor

Former U.S. Congressman Howard Berman advises clients on a wide range of foreign affairs and domestic policy matters. As the chairman of the House Foreign Affairs Committee, Congressman Berman was one of Congress’ leading experts on international relations.

Al Larson

Senior International Policy Advisor

Covington Team

Al Larson

Senior International Policy Advisor

Jonathan Wakely

Associate

Covington Team

Stuart Eizenstat

Senior Counsel

Covington Team

Nicole Duclos

Partner

Covington Team

Craig Pollack

Partner

Covington Team

Tim Stratford

Partner

As a former Assistant U.S. Trade Representative, Mr. Stratford is the most senior former U.S. trade official working as a member of the U.S. business community in China and has been active in the country for more than three decades.

Brian Bieluch

Partner

Has significant experience in serving as coordinating counsel for international IP disputes and regularly works with Covington teams in China and South Korea on complex IP matters.

Covington Team

Sebastian Vos

Partner

Co-chair of Covington’s Global Public Policy practice, and heads up its European division. Has extensive experience in the European Union and advises clients as they navigate and manage today’s global regulatory and policy challenges. Took note early on of a Harvard Business Review article suggested that Blockchain might do for business what the Internet did for media and began work with the Global Blockchain Business Council.

Covington Team

Stuart Eizenstat

Senior Counsel

Our cross-practice team was led by Stu Eizenstat, who, among other previous roles, served as U.S. Ambassador to the European Union, Under Secretary of State, and Deputy Secretary of the Treasury in the Clinton Administration and chief White House domestic policy adviser to President Carter.

Al Larson

Senior International Policy Advisor

Covington Team

Constance Anne Pence

Senior International Advisor

A former international policy advisor to the U.S. State Department, provides clients with strategic advice to support their international business success in developed and emerging markets.

Marney Cheek

Partner

Represents clients on enforcement matters under international trade and investment agreements. Her trade practice draws upon her experience as Associate General Counsel at the Office of the U.S. Trade Representative.

Covington Team

Arturo Valenzuela

Senior Latin America Advisor

Former Assistant Secretary for Western Hemisphere Affairs in the U.S. Department of State. Used 40 years of experience in Latin America to identify a strategy to resolve the situation.

Sebastian F.A. Vos

Partner

Co-chair of Covington’s Global Public Policy practice, and heads up its European division. Previously worked at the European Commission, and was part of its Delegation to the United States in 2000.

Miriam Guggenheim

Partner

Co-chair of Covington’s Food, Drug, and Device Practice Group, assists a broad range of major food and dietary supplement companies in achieving their marketing goals while minimizing regulatory and litigation risks around the world.

Covington Team

Witney Schneidman

Senior International Advisor for Africa

Former Deputy Assistant Secretary of State for African affairs with 40 years of experience working in Sub-Saharan Africa. Contacted MTN based on the firm’s ability to help with the issue.

Eric H. Holder, Jr.

Partner

Former U.S. Attorney General. Led a team to negotiate based on Covington’s experience with government penalties and the Nigerian political and commercial environment.

Covington Team

During the project’s inception we worked with a four-person commission, serving as secretariat to ensure that the pipeline was built to the highest human rights and environmental standards. We interacted with NGOs all over the world, provided legal, logistical, and tactical support, including meeting with villagers and landholders.

When the project was facing serious threats by U.S. Sanctions against Iran (one member of the project consortium was an Iranian state-owned entity with a small minority share), we worked to find a solution.

We engaged with the government of Israel and AIPAC to weigh in and seek an exemption for the project (Azerbaijan is a major energy supplier to Israel). In addition, through our Public Policy team, we set up meetings with key members of Congress and several committees.

Strategy

We worked with the client and its external advisors, another international law firm, and local counsel on a legal and policy strategy to ensure the recovery and return of the funds.

The legal component involved freezing perpetrators’ accounts by taking actions in local courts.

Strategy

Through a multifaceted combination of diplomatic and legal tactics, our strategy was to demonstrate that the accusations were illegitimate and that the related investigation should be ended.

We also argued that the Dutch universal human rights statute endangered U.S. and Israeli interests.

We actively engaged with the governments of the Netherlands, Israel, and the United States, including U.S. Congress and Department of State to convince Dutch authorities to halt to the prosecution.

Strategy

OAS’s insolvency led to the suspension of the joint venture’s financing. Our client needed to bring OAS to the negotiation table as a matter of priority.

We commenced an ICC arbitration and sought relief from an ICC Emergency Arbitrator in Paris and the Chilean courts.

Strategy

Our team—with key assistance from Covington senior of counsel and former U.S. Senator Jon Kyl—focused their efforts on working with the client to implement a sophisticated advocacy plan with the White House, Defense, and State Departments, and the U.S. Embassy in Warsaw.

Strategy

We regularly work with cases involving such multi-jurisdictional proceedings, helping ensure that local litigation counsel understand the underlying technology, monitoring for the client team various litigation proceedings, and maintaining a consistent, worldwide IP litigation strategy.

We further work as necessary with senior U.S. and Chinese government officials responsible for IP policy in China, in helping to reign-in abusive conduct.

Strategy

In addition to helping clients with challenges, our team also helps them realize opportunities.

We are working with the Global Blockchain Business Counsel to maintain an open dialogue and to ensure that if regulations emerge that they are fit for purpose.

Strategy

Our strategy brought political and diplomatic support to the efforts to resolve the cases in the country, leading to a successful resolution to criminal litigation that had dragged for years. We enlisted the support of senior U.S. officials to convey to the host country government that the allegations were without foundation and the unfounded criminal prosecutions would deter foreign investment.

We worked to activate leading Members of Congress, executive branch officials, the U.S. Ambassador, and others in the diplomatic service to engage with the host country government.

Our legal team simultaneously engaged with the Department of Justice to guard against spillover of legal issues into the United States.

Strategy

Took strenuous action to stop parts of the host government from interfering with an essential International Finance Corporation cornerstone loan.

Used a sophisticated blend of policy and legal expertise to rebut false FCPA and environmental allegations.

Strategy

Covington assembled a team with deep public policy expertise in both the United States and Mexico.

Strategy

Provided scientific evidence to legislators, connected with trade associations, and explored whether international trade agreements might be violated.

Strategy

Covington met with high-level government officials and the NCC in Abuja. The team explained that the fine could lead to the dissolution of the company while having a potentially devastating impact on Nigerians’ access to telecommunications services, as there are no bankruptcy laws in the country. The team also explained that a fine at that percentage of the company’s revenue was inconsistent with fines levied in similar sectors in other countries. Based on these conversations, the government of Nigeria indicated a willingness to negotiate with MTN through Covington to resolve the matter.

Strategy

U.S. Congress passed the sanctions, which included language exempting the project, allowing it to proceed and be constructed.

Result

By weaving together the necessary legal and policy tactics, the client and our team ensured that the legal process was adhered to in a fair and timely manner.

Result

Following our efforts over the span of three years, the Netherlands government dropped the prosecution.

Result

The matters are ongoing.

Result

Through our work, the U.S. Government extended the necessary commitment to Poland, and the contract was awarded to our client.

Result

For many years, we have helped clients navigate multi-forum IP litigation while maintaining a consistent focus on what will ultimately resolve complex IP disputes. For one of our matters involving China-related issues, Chinese proceedings stalled while the United States International Trade Commission issued a decisive Initial Determination finding that the China-based upstart infringed multiple patents and that importation of its products into the United States should be banned.

Result

We helped successfully launched the Global Blockchain Business Council at the World Economic Forum in Davos.

Result

With the host country government supporting a resolution, the company and executives reached a favorable settlement that limited the company’s financial exposure and dismissed the criminal actions against the executives.

Result

Secured the support of the U.S. government to stabilize the situation and convinced the IFC to proceed with the cornerstone loan.

Result

Resolved the matter favorably for the client.

Result

Over the course of six months, the original fine was reduced by nearly 70 percent to less than $1.5 billion and MTN agreed to list on the Nigerian Stock Exchange.

Result

Our team helped in the drafting of language and our Hill lobbying team helped in obta-ining the exemption for the project in the U.S. sanctions bill.

When a proposed natural gas pipeline along the same route was potentially affected by U.S. sanctions against Russia, we assembled our team again, which once again successfully secured an exemption.

These efforts culminated in the client recovering all of the stolen funds.

Assets of its founder, an Israeil-born Dutch citizen, were seized in a raid involving more than 100 Dutch law enforcement personnel. He was investigated under universal human rights law.

The insolvency of OAS led to financing problems that jeopardized the project and the joint venture’s obligations to the Chilean Government. Hyundai was compelled to initiate an ICC arbitration against OAS and seek interim relief in the arbitration and Chilean court.

We pursued a two-pronged legal strategy:

Jeremy Wilson

Partner

Co-chair of the firm’s International Arbitration practice, with experience in international commercial and investor-state arbitration across a wide variety of jurisdictions. Acted as lead counsel in HKIAC arbitration proceedings against the Chinese partner, and coordinated local counsel in HK injunction proceedings in support of the arbitration.

Tim Stratford

Partner

Former Assistant U.S. Trade Representative with more than three decades’ experience working China. Met with diplomatic officials to address the political environment in which the dispute unfolded.

MTN

USD

Billion Fine

$5.2

Million Customer

250

Fine reduced by

70%

million customers in Nigeria.

MTN was able to maintain its service to 65 million customers in Nigeria. Created a win-win scenario: favorable outcome for the client and Nigeria demonstrated its ability to resolve commercial disputes in a timely and equitable manner.

MTN

We leveraged this experience to resolve similar challenges for the company in Brazil, the Dominican Republic, Costa Rica, Peru, Uruguay, and Chile as well as in Asia and Europe.

The firm advised the clients on how to navigate the discrepancies between the measures in each country, and particularly, the essential sectors designations.

Al Larson

Senior International Policy Advisor

The client and Covington:

Working hand in glove with the client, we:

Took extraordinary measures to persuade the President of the local government to resolve the false allegations against the company and proceed with the project.

Our team is drafting an annual report for the council about how the technology and regulatory landscape are developing.

A broad team of Covington colleagues is helping the organization develop the appropriate regulatory framework around the word.

Howard Berman

Senior Advisor

Al Larson

Senior International Policy Advisor

Covington Team

Stuart Eizenstat

Senior Counsel

Previously served as U.S. Ambassador to the European Union, Under Sectary of State, and Deputy Secretary of the Treasury in the Clinton Administration and chief White House domestic policy adviser to President Carter.

Through our work, the U.S. Government extended the necessary commitment to Poland, and the contract was awarded to our client.

Resolved an Historic Penalty in Africa

Beverage Regulatory Solutions: Latin America, Europe, and Asia

Helping Global Companies with Significant United States and Mexico Operations Solve COVID-19-Related Supply Chain Disruptions

Protecting a Start-up Company’s First Development Project

Resolved International Criminal Prosecution Challenges

Blockchain Regulatory Framework: Global

Serving as Litigation Architect and Policy Affairs Advisor for Complex IP Disputes in China

Government Defense Contract: U.S. and Europe

Helped a European Media Company with an IP Dispute in China

Leading Complex International Litigation

Led Efforts to Save a Chilean Project for a South Korean Company

Government Prosecution: Europe and Middle East

Developed U.S./European Commercial Diplomacy and Legal Strategies to Secure Return of Funds in a Financial Fraud

Trade Sanctions: Europe and U.S.

Leading Complex Contract Negotiations for an Asian Energy Company’s Interests in Africa

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Robert Kayihura

Former In-House Lawyer with Deep Experience in Africa

Robert Kayihura has nearly two decades of experience advising clients across the African continent. Drawing on his experience as an entrepreneur, advisor and former legal director at global technology corporations like Uber and Microsoft, Mr. Kayihura helps clients effectively navigate legal, compliance, policy, and regulatory issues associated with the launch of new markets, products, and services. He has worked closely with decision makers at these organizations as well as with federal governments and regional policy making bodies. Throughout his career, Mr. Kayihura has counseled on varied, political, economic, and social issues including, but not limited to, commercial (technology licensing and transactions), information technology policy and regulatory issues, FCPA, leasing and finance, strategic partnerships, dispute resolution (civil, criminal, and regulatory), and corporate social responsibility initiatives.

Corinne Goldstein

International Sanctions and Trade Controls Lawyer Washington

Corinne Goldstein counsels clients on the application to their worldwide operations of U.S. economic sanctions, export controls, and anti-boycott programs. She has particular expertise advising on all of the sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), including the U.S. sanctions against Iran, Russia, Syria, Cuba, Venezuela, and North Korea, as well as list-based sanctions. Her clients include leading U.S. and non-U.S. companies in the oil and gas, financial services, pharmaceutical, biotechnology, defense, and general manufacturing sectors.

Stephen Rademaker

Former U.S. Assistant Secretary of State Washington

With wide-ranging experience working on national security issues in the White House, the State Department, and the U.S. Senate and House of Representatives, Stephen Rademaker helps clients navigate international policy, sanctions, and CFIUS challenges. Among his accomplishments in public service, Mr. Rademaker had lead responsibility, as a U.S. House staffer, for drafting the legislation that created the U.S. Department of Homeland Security. Serving as an Assistant Secretary of State from 2002 through 2006, he headed at various times three bureaus of the State Department, including the Bureau of Arms Control and the Bureau of International Security and Nonproliferation. He directed the Proliferation Security Initiative, as well as nonproliferation policy toward Iran and North Korea, and led strategic dialogues with Russia, China, India, and Pakistan. He also headed U.S. delegations to numerous international conferences, including the 2005 Review Conference of the Parties to the Treaty on the Nonproliferation of Nuclear Weapons.

Robert Kayihura

Former In-House Lawyer with Deep Experience in Africa

Corinne Goldstein

International Sanctions and Trade Controls Lawyer

Stephen Rademaker

Former U.S. Assistant Secretary of State

Reset Relations U.S., China

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Mining Acquisition Africa

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Media IP Dispute Europe, China

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IP Litigation U.S., China

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International Prosecution U.S., Europe

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Infrastructure Project Lat. America, Europe, Asia

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CMOC successfully completed the $2.65 billion acquisition.

Our team facilitated meetings with DRC government representatives over the course of several months.

When CMOC, one of the world’s largest molybdenum, tungsten, and niobium producers faced challenges with the acquisition of Freeport-McMoRan’s interests in a copper-cobalt mine located in the Democratic Republic of Congo, Covington stepped into help move the transaction forward.

Provided strategic public policy and legal advice on $2.65 billion mine acquisition in Africa.

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Overview

Client

Covington Team

Witney Schneidman

Senior International Advisor for Africa

Former Deputy Assistant Secretary of State for African affairs with 40 years of experience working in Sub-Saharan Africa.

Al Larson

Senior International Policy Advisor

Strategy

Result

The company was able to resolve satisfactorily all outstanding questions without disrupting its relationships with the Chinese government and its local joint venture partner.

We worked in consultation with a Chinese law firm to map out the complex central and local government approval requirements for the specific type of project, and assessed whether representations made by the local joint venture partner were materially misleading at the time made and at the present time in light of subsequent changes in project parameters and approval requirements.

We helped the client determine whether applicable laws and the company’s own policies required that the previous actions of the partner required reporting to government authorities or other remedial action.

Tim Stratford

Partner

Eric Carlson

Partner

Having lived in China for more than a dozen years, he has deep experience leading highly sensitive anti-corruption/FCPA investigations in China and other jurisdictions in Asia, including investigations presenting complex legal, political, and reputational risks.

A foreign company became aware of possible misrepresentations made by its Chinese joint venture business partner, a major State-owned enterprise, in securing relevant central and local government approvals for a major industrial project that was now built and in operation.

Foreign investors in China are often unaware of interactions their local joint venture partners have with regulators, creating potential compliance challenges and reporting obligations under both Chinese and foreign law. We helped a foreign company facing such a scenario, navigating the intricate government and legal landscape.

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Overview

Client

Covington Team

Strategy

Result

Within a week of Mr. Vekselberg's designation, Sulzer publicly announced that the share re-purchase was complete and OFAC had unblocked its property.

The U.S. sanctions that threatened the very existence of the company were removed and the company was able to carry on with normal operations.

After a flurry of activity, the company announced an agreement to purchase back sufficient shares from Mr. Vekselberg to reduce his ownership interest below 50 percent.

Working with OFAC, the company secured necessary licensing within several days that enabled the share purchase to be implemented.

Corinne Goldstein

Senior Counsel

Advises on all of the sanctions programs administered by OFAC, including the U.S. sanctions against Iran, Russia, Crimea, Syria, Cuba, Venezuela, and North Korea, as well as list-based sanctions. Led the efforts to unblock the company and allow Sulzer to keep their customers assured of a pending resolution during the crisis.

When the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) sanctioned Viktor Vekselberg, Sulzer, a 180+ year old Swiss industrial engineering and manufacturing company with many U.S. subsidiaries, became a sanctioned party as a result of his majority ownership.

Dealing with a sudden inability to do business in the United States or with any U.S. companies or banks and the blocking of all its property in the United States, and facing the very real possibility of bankruptcy in a matter of days, Sulzer retained Covington to advise on this urgent bet-the-company matter.

Represented Swiss company Sulzer in connection with its successful effort to obtain relief from U.S. sanctions after its majority owner, the Russian oligarch Viktor Vekselberg, was designated on the List of Specially Designated Nationals and Blocked Persons, which threatened the very existence of the company.

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Overview

Client

Covington Team

Strategy

Result

Helped numerous companies large and small mitigate the immediate impact of tariffs and assess the impact of possible future trade developments.

Advised technology firms on reassessing plans for locating R&D and other operations.

Helping Chinese investors understand and navigate the new CFIUS rules.

Provided guidance to European and Asian investors in the United States to provide input to the CFIUS rule-making process and understand how their business activities in China might impact CFIUS reviews.

We seamlessly join the firm’s legal and policy expertise relating to international trade, cross-border investment and its relation to national security, controls on technology, and other business activities to assess all dimensions of a client’s exposure and help develop integrated strategies and responses.

We leverage our relationships among decision makers in both Beijing and Washington, as well as Brussels and other capitals, to collect the intelligence most relevant to the changing policy environment, develop strategies to protect clients’ interests, and engage government officials to resolve problems.

Tim Stratford

Partner

John Veroneau

Partner

Al Larson

Senior International Policy Advisor

Stuart Eizenstat

Senior Counsel

Christopher Adams

Senior Advisor

Gina Vetere

Of Counsel

David Fagan

Partner

Peter Lichtenbaum

Partner

Peter Flanagan

Partner

Mark Plotkin

Partner

China and the United States have become each other’s main economic partners and major geopolitical rivals. An ongoing resetting of trade and national security relations has created a new level of bilateral competition—and even confrontation—not seen for decades. This is the new normal.

Actions by both governments are disrupting globalized supply chains, investment plans, technology licensing, and R&D, with implications for third-country multinationals as well as U.S. and Chinese businesses.

New laws and regulations, and aggressive enforcement measures, are creating new compliance requirements and risks for businesses.

Disruption across multiple dimensions of the U.S.-China relationship fundamentally will continue to reshape the environment for global business for years to come. We bring together an interdisciplinary team with deep legal and policy expertise and relationships to help companies develop immediate responses and continuously adapt their longer-term strategies.

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Client

Covington Team

Strategy

Result

Stephen Anthony

Partner

A trial lawyer and deputy chair of Covington’s global litigation practice, Steve Anthony has experience handling the highest-stakes cases, and represents corporations and individuals in a broad array of government investigations.

Brian Smith

Partner

Advises clients on challenging public policy matters that combine legal and political risks and opportunities. He previously served in the White House as Assistant to the Special Counsel to President Clinton.

Ruixue Ran

Partner

Has substantial experience in representing Chinese companies in high-stakes IP litigations before the U.S. ITC and U.S. district courts, and in coordinating counsel for complex multi-jurisdictional IP litigation. Coordinated multiple trademark infringement claims and IP litigation claims before various Chinese courts and tribunals to protect the client’s IP rights.

Helping Companies Navigate the Reset in U.S.-China Business and Security Relations

Resolved a Bet-the-Company U.S.-Russia Trade Sanctions Issue

Addressing Possible Misconduct by a Local Business Partner in Securing Chinese Government Approvals for a Major Industrial Project

Helped Client Navigate Multibillion Dollar Mining Acquisition in Africa

Litigation Luminaries

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Government Approvals China

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Trade Sanctions U.S., Russia

Case study

Ian Hargreaves

International Disputes and Fraud Lawyer

Kevin Coates

Former Head of Unit at DG Competition, European Commission

Jean De Ruyt

Former Permanent Representative of Belgium to the EU

Ambassador Jean De Ruyt is a senior public policy advisor in Covington’s EU public policy team. Ambassador De Ruyt, a non-lawyer, is among the most experienced diplomats in Europe. Most recently, he served as the Permanent Representative of Belgium to the European Union and was chair of the Committee of Permanent Representatives during the 2010 Belgian Presidency of the Council. Ambassador De Ruyt works with Covington's transatlantic government affairs team, which includes experienced lawyers as well as former senior policymakers. The team advises clients on a range of European public affairs issues, including the EU policy-making processes, functioning of the European institutions, development of EU legislation and accession of new EU members. Ambassador De Ruyt has particular expertise in the workings of the EU Council and EU institutions more broadly, transatlantic relations and United Nations development policy.

U.S. Congress passed the sanctions, which included language exempting the project, allowing it to proceed and be constructed.

When a proposed natural gas pipeline along the same route was potentially affected by U.S. sanctions against Russia, we assembled our team again, which once again successfully secured an exemption.

Result

The cases are ongoing, but we have already achieved early victories.

In April 2017, shortly after launching the case in the International Court of Justice, the Court granted our request for provisional relief by an overwhelming 13-3 margin, ordering Russia to respect the rights of the Crimean Tatars, a vulnerable minority population in occupied Crimea.

Result

We worked with the Government of Ukraine to create a comprehensive legal strategy to seek justice for Ukraine in all available fora.

In the International Court of Justice, we launched a case challenging Russia’s violations of two treaties concerning the financing of terrorism and racial discrimination.

We are simultaneously suing Russia in an arbitration for violations of the law of the sea.

Strategy

Marney Cheek

Partner

Co-chair of the firm’s Arbitration Practice Group. She represents both states and corporate clients in complex international disputes, drawing upon her expertise in public international law, investment, and international trade.

David M. Zionts

Partner

Focuses on appellate litigation, as well as questions of international law and other transnational legal issues that arise in both U.S. and international tribunals.

Jonathan Gimblett

Partner

Practice combines international and antitrust law, drawing on his experience of 15 years in government. His international practice focuses principally on investor-state arbitration and public international law disputes, on which he advises both states and corporate clients.

Covington Team

Client

In 2014, Ukraine experienced a democratic “Revolution of Dignity.” The Russian Federation responded with a series of violations of international law, including an illegal attempt to annex Crimea from Ukraine.

Russia’s actions including supplying the powerful anti-aircraft missile system that shot down Malaysia Airlines Flight 17 over eastern Ukraine, killing all 298 people on board.

Trade Sanctions: Europe and U.S.

When it faced agressive actions by Russia, we stepped in on behalf of the Government of Ukraine to pursue justice in multiple international fora.

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Overview

International Arbitration Ukraine, and Russia

Case study

Donald J. Ridings Jr.

Anti-corruption Lawyer

As chair of Covington’s global Anti-Corruption Practice Group, Don Ridings leads a team of compliance and investigation lawyers based in the U.S., Europe and Asia. Mr. Ridings is recognized as a leading Foreign Corrupt Practices Act (FCPA) practitioner by Chambers Global and Chambers USA, which observe that “h[e] brings a very business-oriented mindset” that enables him to deliver practical advice. For almost two decades, Mr. Ridings has advised clients in nearly every major industry on a range of compliance issues arising under the FCPA and other anti-bribery regimes. He serves as outside anti-corruption counsel to several Fortune 500 companies, including two in the Fortune 10. Mr. Ridings advises clients on compliance risks in investment transactions, designs and helps implement compliance programs, and counsels clients on a broad range of anti-corruption and other compliance risks. For companies with established compliance programs, Mr. Ridings leads independent compliance program assessments that allow companies, their management and their boards to benchmark their compliance programs against peer companies and regulator expectations. Mr. Ridings has led dozens of internal investigations arising from conduct in Africa, Asia, Europe, Latin America, the Middle East, and North America. He represents clients before the U.S. Department of Justice and Securities and Exchange Commission, where he has secured several non-public declinations.

Donald J. Ridings Jr.

Anti-corruption Lawyer

Executives must be ready to make consequential business decisions so that their companies are properly positioned for the new dynamics governing international investment, the flow of technologies, and trade in goods and services.

Helped multinational firms assess the risks presented by U.S. law enforcement actions, potential sanctions, and new restrictions on Chinese businesses.

Provided advice on the impact of new legislation and anticipated future regulations on “emerging” and “foundational” technologies on their operations in the United States and China.

U.S. Congress passed the sanctions, which included language exempting the project, allowing it to proceed and be constructed.

When a proposed natural gas pipeline along the same route was potentially affected by U.S. sanctions against Russia, we assembled our team again, which once again successfully secured an exemption.

Result

With the help of Covington and the GBBC, blockchain has gone from being a little known and poorly understood technology to one of the most widely recognized technologies in the world.

Business and governments worldwide are using blockchain in areas as diverse as cryptocurrencies, healthcare records, election monitoring, real estate, and environmental protection.

Result

Identified key stakeholders from around the world and helped to launch the GBBC in Davos in January 2017.

Educated regulators, business people, and other stakeholders on the benefits blockchain can bring—but also advised on regulatory frameworks that are fit for purpose.

Strategy

Sebastian Vos

Partner

Chair of Covington’s Global Public Policy practice, and heads up its European division. Has extensive experience in the European Union and advises clients as they navigate and manage today’s global regulatory and policy challenges.

Carl Bildt

Senior Advisor

Former Prime Minister and Foreign Minister of Sweden, Mr. Bildt draws on his extensive political experience to advise clients on geopolitical, trade and technology issues.

Stuart Eizenstat

Senior Counsel

Covington Team

Client

Blockchain technology has the potential to transform many aspects of our daily lives, but it is not well understood and there is a risk that inappropriate or unnecessary regulations could hinder its adoption.

Covington was a founding member of the Global Blockchain Business Council (GBBC), aimed at furthring the adoption of blockchain technology through engaging regulators, business leaders, and global innovators on how to harness this groundbreaking technology to enhance trust and efficiency across business and society.

Developing a Policy and Regulatory Framework for Blockchain to Succeed

Covington was a founding member of the Global Blockchain Business Council, paving the way for the adoption of this breakthrough technology.

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Overview

Lord Francis Maude

Senior Advisor

Former UK Minister Trade and Investment and has held a number of other high-profile government positions, including as shadow Chancellor of the Exchequer, shadow Foreign Secretary, and Conservative Party Chairman.

As the global adoption of blockchain continues, Covington is working to ensure that the technology, and the necessary regulations develop in tandem—to the benefit of all who use it.

Regional Experience Global

Case study

Blockchain Framework Global

Resources

David Marchick

Former White House Official and Senior Private Equity Executive

David Marchick

Former White House Official and Senior Private Equity Executive Washington

Before joining Covington in 2002, Mr. Marchick held several positions within the Clinton Administration, including Deputy Assistant Secretary of State for Transportation Affairs, Deputy Assistant Secretary for Trade Policy at the State Department, and Principal Deputy Assistant Secretary of Commerce for Trade Development. He also served within the Office of the U.S. Trade Representative. Mr. Marchick provides strategic counsel on complex issues at the intersection of law, policy, and reputational risk. He routinely advises clients on their most challenging and significant strategic matters that involve C-Suite decision making, drawing upon his experience in senior-level U.S. government positions, as Managing Director and Global Head of External Affairs at Carlyle, and serving on and working with boards of directors various corporations. Mr. Marchick has particular expertise representing multi-national companies on investment and national security issues. He is a leading authority on the national security review process undertaken by the Committee on Foreign Investment in the United States (CFIUS). He also has significant experience advising on matters involving corporate social responsibility.

Claude Smadja

Former Managing Director World Economic Forum Brussels

Mr. Smadja spent fifteen years with the World Economic Forum, first as a member of the Executive Board and later assuming the role of Managing Director. Prior to that he was the Director for News and Current Affairs at the Swiss Broadcasting Corporation. Claude Smadja, a non-lawyer, has extensive experience on geopolitical and macroeconomic issues. He helps clients navigate and leverage globalization, helping them identifying new opportunities and risks, expanding their anticipation capabilities, connecting the high-level picture to their specific strategy and priorities. Mr. Smadja also advises clients on the business and political environment in some countries and regions including facilitating connections with relevant business partners. Mr. Smadja provides clients with insights on the global trends that impact their business strategies. He has long-standing expertise on advising senior executives on economic, business, and political issues relating to countries such as China, India, Japan, Singapore, Mexico, the Gulf countries, and Israel.

Alan Larson

Former U.S. Under Secretary of State

Read Additional Regional Experience

U.S. Congress passed the sanctions, which included language exempting the project, allowing it to proceed and be constructed.

When a proposed natural gas pipeline along the same route was potentially affected by U.S. sanctions against Russia, we assembled our team again, which once again successfully secured an exemption.

Result

In April, the Commerce Department recommended that the President find that uranium imports harmed national security, and to impose trade remedies.

In stark contrast to other recent Section 232 cases, the President rejected that recommendation. He issued a memorandum in July 2019 explicitly disagreeing with the Commerce Department’s finding, instead concluding —consistent with our arguments—that “a fuller analysis of national security considerations with respect to the entire nuclear fuel supply chain is necessary at this time.”

Result

Covington assembled a cross-functional team that had successfully challenged previous Section 232 tariffs against Canadian importers, calling onmembers of our International Trade, Public Policy, and National Security Practice Groups.

During the public comment period, we crafted a brief explaining why trade restrictions on uranium products would actually increase threats to national security, and how they would impede key objectives of the Administration’s National Security Strategy, National Defense Strategy, and Nuclear Posture Review.

Our paper outlined a range of policy options other than trade remedies that the Administration could use to protect U.S. access to nuclear energy, for both civilian and military purposes.

Strategy

John K. Veroneau

Partner

Co-chair of the firm’s International Trade Practice Group. Having served in senior positions in both Executive and Legislative branches, including Ambassador and Deputy United States Trade Representative (USTR), Mr. Veroneau provides legal and strategic advice to clients on a broad range of international trade and other public policy matters.

Covington Team

Client

In early 2018, two uranium mining companies petitioned the Commerce Department to launch an investigation into the national security effects of imported uranium. Investigations under this authority—Section 232 of the Trade Expansion Act of 1962—can lead to sweeping restrictions on imports if the President determines that the imports threaten U.S. national security.

A global nuclear fuel company with leadership presence in both the United States and Europe sought our help in staving off potential tariffs or quotas under Section 232.

Helping a Global Nuclear Fuel Company Fend Off Proposed Tariffs

In an increasingly complex trade environment, we assembled an interdisciplinary international trade and national security team with deep legal and public policy expertise to help a global nuclear fuel company navigate the challenge of potential trade restrictions.

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Overview

Brian Smith

Partner

Advises clients on challenging public policy matters that combine legal and political risks and opportunities. Mr. Smith previously served in the White House as Assistant to the Special Counsel to President Clinton.

Importantly, our comments urged the Administration to examine the national security considerations and market effects across the entire nuclear fuel cycle, and to calibrate policies that preserve cost-effective, secure access to uranium for civilian energy, nuclear deterrence, and Naval propulsion.

The result is a successful outcome for the client, for open markets, and for United States national security.

Energy Sector Tariffs U.S. and Europe

Regional Experience Global

Case study

Kimberly Breier

Former Assistant Secretary of State for Western Hemisphere Affairs, Washington

Kimberly Breier has more than 20 years of experience in foreign policy, primarily focused on Western Hemisphere affairs. Prior to joining Covington, Ms. Breier, a non-lawyer, was Assistant Secretary in the Bureau of Western Hemisphere Affairs at the U.S. Department of State. She also served as the Western Hemisphere Member of the Policy Planning Staff. Ms. Breier was previously the founder and Director of the U.S.-Mexico Futures Initiative, and the Deputy Director of the Americas Program at the Center for Strategic and International Studies (CSIS). She also was Vice President of a consulting firm, leading country risk assessment teams for private clients in Mexico, Argentina, and Chile. In addition to her private sector and think tank experience, Ms. Breier served for more than a decade in the U.S. intelligence community as a political analyst and manager, primarily focused on Latin America. From January 2005 to June 2006, Ms. Breier served at the White House in the National Security Council’s Office of Western Hemisphere Affairs, first as Director for Brazil and the Southern Cone, then as Director for Mexico and Canada, and also as an interim Director for the Andean region.

In addition, Mexico’s list of sectors deemed essential was initially more limited than that of the United States under a different set of criteria.

Multi-national corporations with cross-border supply chains encountered circumstances where Mexican federal and state authorities severely restricted or prohibited operational activity in facilities in Mexico that were necessary to critical and essential healthcare, medical, and aerospace and defense customers in both countries.

Kimberly Breier

Senior Adviser

Previously served as Assistant Secretary in the Bureau of Western Hemisphere Affairs at the U.S. State Department. She also served as the Western Hemisphere Member of the Policy Planning Staff and, in the White House, as Director for Mexico and Canada, Brazil and the Southern Cone, and interim Director for the Andean region in the National Security Council’s Office of Western Hemisphere Affairs. She was previously the founder and Director of the U.S.-Mexico Futures Initiative at the Center for Strategic and International Studies. She spent five years consulting for private sector clients in Mexico, Argentina, and Chile.

Alan P. Larson

Senior International Policy Advisor

Previously served in the U.S. State Department’s two top economic policy jobs, spanning several U.S. administrations, as Under Secretary of State for Economics and Assistant Secretary of State for Economic and Business Affairs, as well as U.S. Ambassador to the OECD.

Zachary M. Mears

Senior Advisor

Helps companies in the aerospace, defense, and national security sector navigate policy and regulatory challenges involving the U.S. Congress and Executive Branch. He previously served as Chief of Staff to the Deputy Secretary of Defense and Deputy Chief of Staff to the Secretary of Defense.

Samantha L. Clark

Special Counsel

Provides advisory and advocacy support to clients facing policy, political, legal, and regulatory challenges in the aerospace, defense, and national security sector. She previously served in a number of senior staff positions on the U.S. Senate Armed Services Committee, most recently as Deputy Staff Director and General Counsel.

We engaged with key United States agencies and Mexican government officials to encourage the two countries to consider closer alignment of critical supply chains and coordination of the economic recoveries in both countries.

We helped policy makers in the United States and Mexico understand the implications of the restrictions across the North American supply chain for critical and essential healthcare, medical, and aerospace and defense activities. We also helped clarify the impact this could have on the speed of economic recovery after the pandemic.

We raised the issue of coordination of the economic recoveries with both governments and helped to secure deeper cooperation.

We assisted clients in passing critical business information to key senior United States and Mexican federal officials and facilitated connections to increase coordination and communication between private sector and government stakeholders in both countries.

Several clients were able to resume essential operations with appropriate health and safety procedures in facilities in Mexico.

Kimberly Breier

Former Assistant Secretary of State for Western Hemisphere Affairs

Shara L. Aranoff

Partner

Helps clients use international trade enforcement tools to compete in U.S. and global markets. Prior to joining the firm, Ms. Aranoff was a Commissioner and Chairman of the U.S. International Trade Commission (ITC).

Ruixue Ran

Partner

Congressman Howard Berman

Former Chairman of the House Foreign Affairs Committee

Congressman Howard Berman

Former Chairman of the House Foreign Affairs Committee Washington, Los Angeles

Congressman Howard Berman advises clients on a wide range of foreign affairs and domestic policy matters, including defense and national security issues, intellectual property, entertainment, technology and immigration. He also serves on the board of trustees of the Asia Foundation, the board of the National Democratic Institute, the Immigration Task Force of the Bipartisan Policy Center, and the Board of Directors of the Pacific Council on International Policy, and is Vice Chair of the Advisory Board to RAND Corporation, Center for Middle East Policy. First elected to Congress in 1982, Congressman Berman became known as one of Capitol Hill’s preeminent deal-makers. National Journal described him as “one of the most creative members of the House and one of the most clear-sighted operators in American politics.” As the chairman of the House Foreign Affairs Committee, Congressman Berman was one of Congress’ leading experts on international relations. On the Committee, he repeatedly helped build bipartisan consensus within the House, and between Congress and the Executive Branch. A long-time senior member on the House Judiciary Committee, Congressman Berman chaired the Subcommittee on Courts, the Internet and Intellectual Property, where he successfully led efforts resulting in major changes to intellectual property laws affecting the entertainment and high-tech industries.

Technology Framework Africa

Case study

Complex Dispute Africa

Case study

U.S. Congress passed the sanctions, which included language exempting the project, allowing it to proceed and be constructed.

When a proposed natural gas pipeline along the same route was potentially affected by U.S. sanctions against Russia, we assembled our team again, which once again successfully secured an exemption.

Result

In April, the Commerce Department recommended that the President find that uranium imports harmed national security, and to impose trade remedies.

The result is a successful outcome for the client, for open markets, and for United States national security.

Result

Our paper outlined a range of policy options other than trade remedies that the Administration could use to protect U.S. access to nuclear energy, for both civilian and military purposes.

Strategy

Covington Team

Brian Smith

Partner

Client

The Africa Continental Free Trade Area created the world’s largest free trade zone since the formation of the WTO, with fifty four of the 55 African nations having signed the agreement that is designed to eliminate tariffs on a large variety of goods and boost intra-Africa trade by over 50%.

Increased connectivity and access to the cloud through mobile phones and other devices will enable African entrepreneurs to shape a new and tech-driven future.

Creating a Unified Technology Legal and Regulatory Landscape in Africa

Africa has faced a number of historical barriers to technological innovation, including highly fragmented regulatory regimes and prohibitive cost of access to information technology. Covington is helping lead the efforts of the Coalition for a Digital Africa to encourage Africa-based and international technology companies to invest throughout the continent by creating a consistent regulatory landscape.

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Overview

As a result of these positive developments, governments and businesses from all around the world are rushing to strengthen diplomatic and commercial ties with Africa.

Working together in a coalition will harness the combined influence of leading African and multinational companies to build consensus on the critical drivers of foreign and local investment in technologies that accelerate the creation of Africa’s digital infrastructure and economies.

Current policy advocacy efforts on critical policies and regulations are highly fragmented across the continent and lack a strategic focus despite fairly consistent alignment on what it takes to build a vibrant and tech-enabled ecosystem.

Robert Kayihura

Of Counsel

Covington helped form—and is driving the growth of—the Coalition for a Digital Africa, an advocacy group made up of leading technology companies with interests in Africa, to enable and harmonize standards and regulations with respect to digital technology, and specifically cloud-enabled services.

• prioritize and advocate for the free and open flow of data across international borders. • advocate for modern policies that strike the right balance between privacy, national security concerns, and access to advanced cloud-computing resources. • build a network of companies committed to helping Africa realize its potential through modern and harmonized regulatory reform.

We are working to:

Covington has consulted with many international and Africa-based companies on the formation of the coalition and has secured the membership of a major international financial services company and is negotiating the terms with the largest financial institution on the continent.

We have engaged Africa’s leading policymakers and confirmed an invitation for the Coalition for a Digital Africa to join the African Union’s endorsed Smart Africa Alliance.

U.S. Congress passed the sanctions, which included language exempting the project, allowing it to proceed and be constructed.

When a proposed natural gas pipeline along the same route was potentially affected by U.S. sanctions against Russia, we assembled our team again, which once again successfully secured an exemption.

Result

Strategy

Covington Team

Brian Smith

Partner

Client

Complex Dispute in Africa Settled Amicably, Swiftly, and Transparently

We helped a Johannesburg-based telecommunications company facing a multibillion-dollar fine in Nigeria by working with the country’s government to resolve the commercial dispute in a timely and equitable manner.

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Overview

MTN is a Johannesburg-based telecommunications company, and the largest cellphone provider on the continent with 230 million customers in 22 countries. It is also the largest mobile telephone company operating in Nigeria.

The Nigerian government assessed a $5.2 billion fine against MTN relating to unregistered SIM cards issued by the company. This was the largest fine ever assessed against a telecommunications company in any country.

Witney Schneidman

Senior International Advisor for Africa

Former Deputy Assistant Secretary of State for African affairs with 40 years of experience working in Sub-Saharan Africa.

Eric Holder

Partner

Former U.S. Attorney General

A multidisciplinary team, led by former Attorney General Eric Holder, engaged the Nigerian government (including through the South African government).

Developed creative solutions that both sides can claim as a success, particularly when there is inequity in disputes between private companies and foreign governments.

Framed disputes with foreign government stakeholders in a broader context of a government’s global policy interests.

Utilized compelling interlocutors and partners in exercising leverage.

Over the course of six months, the original fine was reduced by nearly 70% to less than $1 billion, and MTN agreed to list on the Nigerian Stock Exchange. MTN was able to maintain its service to 65 million customers in Nigeria.

Law360 Compliance

Case study

Claude Smadja

Former Managing Director World Economic Forum