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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.
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Kimberly Breier
Comprehensive
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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 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 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
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
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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View All Case Studies
Government
Fine: Africa
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
International Arbitration
Ukraine and Russia
Blockchain Framework
Global
Energy Sector Tariffs
U.S. and Europe
Complex Dispute
Africa
IP Litigation and Policy Affairs: U.S. and China
Government Prosecution: Europe and Middle East
Government Defense Contract: U.S. and Europe
Complex Litigation:
Global
Blockchain Regulatory Framework: Global
International Criminal Prosecution Challenges:
U.S. and Europe
Protecting Oil and
Gas Project
Infrastructure Project:
Chile, Brazil, France, and South Korea
Beverage Regulatory Solutions: Latin America, Europe, and Asia
Trade Sanctions:
Europe and U.S.
Supply Chains:
U.S. and Mexico
Financial Fraud:
Europe, U.S., Africa,
and Asia
Media IP Dispute: Europe and China
Complex Contract Negotiations: Asia and Africa
Helping Global Companies with Significant United States and Mexico Operations Solve COVID-19-Related Supply Chain Disruptions
Result
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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Overview
Resolved International Criminal Prosecution Challenges
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
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.
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 Secretary of State, and Deputy Secretary of the Treasury in the Clinton Administration and chief White House domestic policy adviser to President Carter.
Covington
Team
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.
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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Overview
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.
Serving as Litigation Architect and Policy Affairs Advisor for Complex IP Disputes in China
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 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.
Strategy
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
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.
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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Overview
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.
Helped a European Media Company with an IP Dispute in China
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
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.
Covington
Team
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.
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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Overview
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.
Leading Complex International Litigation
Result
Strategy
Craig Pollack
Partner
Covington
Team
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.
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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Overview
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
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.
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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Overview
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.
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.
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
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
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.
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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Overview
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.
Developed U.S./European Commercial Diplomacy and Legal Strategies to Secure Return of Funds in a Financial Fraud
Led Efforts to Save a Chilean Project for a South Korean Company
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.
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Miguel López Forastier
International Arbitration and Litigation Lawyer
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Complex Contract Negotiations:
Asia and Africa
Leading Complex Contract Negotiations for an Asian Energy Company’s Interests in Africa
Negotiations for a win-win outcome are ongoing.
Result
Our team 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.
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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Overview
Read Our Case Studies
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.
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do NOT send us any confidential information by email or otherwise.
You will only become a client upon entering into an engagement agreement with us, after which confidential information may
be exchanged.
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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.
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do NOT send us any confidential information by email or otherwise.
You will only become a client upon entering into an engagement agreement with us, after which confidential information may
be exchanged.
Thank you for your interest in Covington & Burling LLP.
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Corinne Goldstein
International Trade and Sanctions Lawyer
Stephen Rademaker
Former U.S. Assistant
Secretary of State
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
Helped numerous companies large and small mitigate the immediate impact of tariffs and assess the impact of possible future trade developments.
Result
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.
Strategy
Covington
Team
Tim Stratford
Partner
Client
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.
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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Overview
John Veroneau
Partner
Stuart Eizenstat
Senior Counsel
Christopher Adams
Senior Advisor
David Fagan
Partner
Peter Lichtenbaum
Partner
Peter Flanagan
Partner
Mark Plotkin
Partner
Advised technology firms on reassessing plans for locating R&D and other operations.
Helping Chinese investors understand and navigate the new CFIUS rules.
Reset in Relations:
U.S. and China
Resolved a Bet-the-Company
U.S.-Russia Trade Sanctions Issue
Result
Strategy
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.
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.
Covington
Team
Client
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
Bet-the-Company
Trade Sanctions:
U.S. and Russia
Working with OFAC, the company secured necessary licensing within several days that enabled the share purchase to be implemented.
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.
Addressing Possible Misconduct by a Local Joint Venture
Partner in Securing Chinese Government Approvals
for a Major Industrial Project
The company was able to resolve satisfactorily all outstanding questions without disrupting its relationships with the Chinese government and its local joint venture partner.
Result
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.
Strategy
Covington
Team
Client
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
Possible
Misconduct in Government Approvals:
China
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.
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.
Mining Acquisition:
Africa
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.
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If you are not an existing client of Covington & Burling LLP,
do NOT send us any confidential information by email or otherwise.
You will only become a client upon entering into an engagement agreement with us, after which confidential information may
be exchanged.
Thank you for your interest in Covington & Burling LLP.
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International Arbitration: Ukraine and Russia
International Litigation and Arbitration in Ukraine, Russia,
and Asia
The cases are ongoing, but we have already achieved early victories.
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.
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.
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.
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.
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.
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
We are simultaneously suing Russia in an arbitration for violations of the law of the sea.
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.
Dan Feldman
Former Chief of Staff and Counselor to Special Envoy for Climate John Kerry
Washington
Drawing on his prior positions in government service spanning multiple Administrations, former Ambassador Dan Feldman’s practice focuses on environmental, social, and governance (ESG) counseling, business and human rights (BHR), global public policy, as well as broader international regulatory compliance. He is a member of the firm’s Global Problem Solving initiative.
As Chief of Staff and Counselor to Secretary John Kerry when he was appointed the first Special Presidential Envoy for Climate (SPEC) by President Biden, Mr. Feldman helped drive the U.S. government’s international climate agenda, coordinating high level interagency policy-making, engaging with corporate stakeholders, and contributing to key bilateral and multilateral climate discussions, including last year's Leaders' Summit on Climate and the landmark UN Conference of Parties (COP26) in Glasgow.
Previously, Mr. Feldman served as deputy and then U.S. Special Representative for Afghanistan and Pakistan at the U.S. Department of State in the Obama Administration, as Director of Multilateral and Humanitarian Affairs at the National Security Council in the Clinton Administration, and as Counsel and Communications Adviser to the U.S. Senate Homeland Security and Governmental Affairs Committee. He also has served as a senior foreign policy and national security advisor to a number of Democratic presidential and Congressional campaigns.
Mr. Feldman has extensive experience counseling multinational corporations on mitigating risk and maximizing opportunities in the development and implementation of their ESG and sustainability strategies, with a particular background in advising on BHR matters.
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If you are not an existing client of Covington & Burling LLP,
do NOT send us any confidential information by email or otherwise.
You will only become a client upon entering into an engagement agreement with us, after which confidential information may
be exchanged.
Thank you for your interest in Covington & Burling LLP.
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Dan Feldman
Former Chief of Staff and Counselor to Special Envoy for Climate John Kerry
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.
New laws and regulations, and aggressive enforcement measures, are creating new compliance requirements and risks for businesses.
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.
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.
Developing a Policy and Regulatory Framework for Blockchain to Succeed
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.
Result
Strategy
Identified key stakeholders from around the world and helped to launch the GBBC in Davos in January 2017.
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, paving the way
for the adoption of this breakthrough technology.
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Overview
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.
Educated regulators, business people, and other stakeholders on the benefits blockchain can bring—but also advised on regulatory frameworks that are fit for purpose.
Business and governments worldwide are using blockchain in areas as diverse as cryptocurrencies, healthcare records, election monitoring, real estate, and environmental protection.
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.
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
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.
Blockchain Framework:
Global
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.
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If you are not an existing client of Covington & Burling LLP,
do NOT send us any confidential information by email or otherwise.
You will only become a client upon entering into an engagement agreement with us, after which confidential information may
be exchanged.
Thank you for your interest in Covington & Burling LLP.
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Energy Sector Tariffs:
U.S. and Europe
Helping a Global Nuclear Fuel Company Fend Off Proposed Tariffs
In April, the Commerce Department recommended that the President find that uranium imports harmed national security, and to impose trade remedies.
Result
Strategy
Covington assembled a cross-functional team that had successfully challenged previous Section 232 tariffs against Canadian importers, calling on
members of our International Trade, Public Policy, and National Security Practice Groups.
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.
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
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.
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
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.
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.
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.”
The result is a successful outcome for the client, for open markets,
and for United States national security.
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.
Prior to her government service, Ms. Breier was a senior fellow and director of the National Policy Association’s North American Committee—a trilateral business and labor committee with members from the United States, Canada, and Mexico.
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do NOT send us any confidential information by email or otherwise.
You will only become a client upon entering into an engagement agreement with us, after which confidential information may
be exchanged.
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Kimberly Breier
Former Assistant Secretary of State for Western Hemisphere Affairs
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.
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.
Covington
Team
Kimberly Breier
Senior Advisor
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.
Covington assembled a team with deep public policy
expertise in both the United States and Mexico.
The firm advised the clients on how to navigate the discrepancies between the measures in each country, and particularly, the essential sectors designations.
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.
Strategy
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.
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
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.
Complex Dispute in Africa Settled Amicably, Swiftly, and Transparently
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.
Result
Strategy
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.
Covington
Team
Eric Holder
Partner
Former U.S. Attorney General
Client
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.
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
Complex Dispute:
Africa
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.
70
%
Technology Framework:
Africa
Litigation Luminaries
Law360 Compliance
Claude Smadja
Former Managing Director World Economic Forum
Carol Browner
Former EPA Administrator
Carol Browner
Former EPA Administrator
Carol M. Browner brings nearly four decades of experience advising on environmental and energy policies affecting global energy, environmental, public health, and business matters.
She provides counsel to industry leaders in the energy, transportation, and consumer product sectors on regulatory matters, environmental impact issues, corporate sustainability approaches, and strategic partnership development to advance clean energy, ESG, and other business priorities.
Ms. Browner served as Assistant to President Barack Obama and Director of the White House Office of Energy and Climate Change Policy, where she oversaw the coordination of environmental, energy, climate, transport, and related policy across the U.S. federal government. During her tenure, the White House secured the largest investment ever in clean energy and established the national car policy that included both new automobile fuel efficiency standards and first ever greenhouse gas reduction standards.
Ms. Browner is the longest serving Administrator of the Environmental Protection Agency. As Administrator, she adopted the most stringent air pollution standards in U.S. history; set the first fine particle clean air standard; and spearheaded the reauthorization of the Safe Drinking Water Act as well as the Food Quality Protection Act. Carol was known for working with both environmentalists and industry to set science-based public health protections while providing businesses important flexibilities in how to meet those standards. She worked across the agency to ensure a focus on protecting vulnerable populations and promote environmental equity.
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do NOT send us any confidential information by email or otherwise.
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Miguel López Forastier
International Arbitration and Litigation Lawyer
Miguel López Forastier
International Arbitration and Litigation Lawyer
Washington
Miguel López Forastier is a partner at Covington in Washington, whose practice focuses on international arbitration and litigation. He has successfully represented a wide range of clients, including those in the oil and gas, mining, communications, financial services, and food industries in both investor-State and commercial arbitrations.
Recognized by Chambers Global, Chambers Latin America, and Legal 500 as a leading international arbitration lawyer, his work is praised by clients for his “thorough analysis, insightful advocacy, and consistently reliable judgment.” Both civil-law and common-law trained, he handles contentious work in English, Spanish, and Portuguese.
Mr. López Forastier is a frequent lecturer on arbitration and international law issues at conferences and universities around the globe. He also sits as arbitrator.
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do NOT send us any confidential information by email or otherwise.
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Cecilia Malmström
Former European Commissioner for Trade
Brussels
Cecilia Malmström is a senior advisor in the firm's Brussels office. She has devoted the better part of her career to global affairs and international relations and has extensive experience with multilateral leadership and cooperation. Ms. Malmström, a non-lawyer, served as European commissioner for trade from 2014 to 2019 and as European commissioner for home affairs from 2010 to 2014. She was first elected as a member of the European Parliament in 1999, serving until 2006, and was minister for EU affairs in the Swedish government from 2006 to 2010.
As European commissioner for trade, Ms. Malmström represented the European Union in the World Trade Organization (WTO) and other international trade bodies. She was responsible for negotiating bilateral trade agreements with key countries, including agreements with Canada, Japan, Mexico, Singapore, Vietnam, and the four founding Mercosur countries.
Ms. Malmström holds a Ph.D. in political science from the department of political science of the University of Gothenburg.
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Cecilia Malmström
Former European Commissioner for Trade
Elżbieta Bieńkowska
Former European Commissioner for the Internal Market, Industry, Entrepreneurship and SMEs
Brussels
Elżbieta Bieńkowska is a senior advisor in the firm's Brussels office. Elżbieta, a non-lawyer, served as European Commissioner for the Internal Market, Industry, Entrepreneurship and SMEs in Jean-Claude Juncker’s team from 2014 to 2019. In that capacity, she was responsible for much of the European Commission’s regulatory activity that affects the EU’s 450 million citizens, and all companies doing business in the EU. Elżbieta oversaw all product regulation in the EU, setting the rules for goods and services in sectors as diverse as chemicals, cars, electronics, IT infrastructure, machines, medical devices, and hydrogen. She managed the EU’s treatment of IP, led the Commission’s extensive work on standardization, and ran the EU’s industrial policy.
In her time at the Commission, Elżbieta launched the circular economy package, focusing on the regulation of packaging, waste, and batteries. She laid the foundations for the EU’s new industrial strategy, which ultimately resulted in the 2023 proposals for a Net-Zero Industry Act and the Critical Raw Materials Act. She was an early proponent of EU research into AI, and led the Commission’s renewed focus on fostering the space and defense industry in Europe.
Before joining the European Commission, Elżbieta served as Minister for Infrastructure and Development of Poland as well as Deputy Prime Minister. In this role, she was in charge of the allocation of European Union funding and responsible for significant investments in Poland’s transport infrastructure.
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do NOT send us any confidential information by email or otherwise.
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Andris Piebalgs
Former European Commissioner for Energy
Brussels
Andris Piebalgs is a senior advisor in the firm’s Brussels office. Andris, a non-lawyer, is a former senior government official and diplomat specializing in global energy policy, sustainability, and development.
Andris served as European Commissioner for Energy between 2004 and 2009 where he was instrumental in designing and implementing the “Third Energy Package,” which remains a cornerstone of the EU’s energy policy and market regulation. Andris was subsequently European Commissioner for Development, from 2010 and 2014. As a member of the UN Secretary General’s High Level Panel of eminent persons on the Post-2015 Development Agenda, Andris played a key role in formulating the UN’s Sustainable Development Goals. These remain the blueprint for international development, promote affordable and clean energy worldwide, and underpin the discipline of Business and Human Rights.
Before joining the Commission, Andris held a number of roles in the Latvian Government, including as Minister of Finance, Deputy Secretary of State for EU affairs, and Minister of Education. He subsequently served as a diplomat in the Latvian Foreign Service where, as Ambassador to the EU, he was instrumental in helping Latvia gain accession to the European Union.
Since leaving the Commission, Andris has continued to be deeply involved in energy regulation in Europe, serving as the Chairman of the Implementation Committee of the International Methane Emissions Observatory, and Chairman of the Board of Appeal of the Agency of the Cooperation of Energy Regulators. Since 2016, Andris has held a Professorship at the Florence School of Regulation of the European University Institute, and was Adviser to the President of Latvia on his country’s Presidency of the Council of the EU. He has published numerous articles on the politics of energy, the energy transition, sustainability and development.
Andris’s practice focuses on the politics of energy and the links between energy transition and sustainable development, as well as providing counsel on the legislative process, particularly when it comes to the European Union. He works closely with members of the firm’s Global Problem Solving practice—a team of lawyers and policy professionals, including more than 120 former diplomats and senior government officials, that brings its significant experience to bear on the types of complex problems that involve both legal processes and governmental institutions.
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If you are not an existing client of Covington & Burling LLP,
do NOT send us any confidential information by email or otherwise.
You will only become a client upon entering into an engagement agreement with us, after which confidential information may
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Thomas Reilly
Former British Ambassador to Morocco
Thomas Reilly
Former British Ambassador to Morocco
Ambassador Thomas Reilly, Covington’s Head of UK Public Policy and a key member of the firm’s Global Problem Solving Group and Brexit Task Force, draws on over 20 years of diplomatic and commercial roles to advise clients on their strategic business objectives.
Ambassador Reilly was most recently British Ambassador to Morocco between 2017 and 2020, and prior to this, the Senior Advisor on International Government Relations & Regulatory Affairs and Head of Government Relations at Royal Dutch Shell between 2012 and 2017.
His former roles with the Foreign and Commonwealth Office included British Ambassador Morocco & Mauritania (2017-2018), Deputy Head of Mission at the British Embassy in Egypt (2010-2012), Deputy Head of the Climate Change & Energy Department (2007-2009), and Deputy Head of the Counter Terrorism Department (2005-2007). He has lived or worked in a number of countries including Jordan, Kuwait, Yemen, Libya, Iraq, Saudi Arabia, Bahrain, and Argentina.
At Covington, Ambassador Reilly works closely with our global team of lawyers and investigators
as well as over 100 former diplomats and senior government officials, with significant depth
of experience in dealing with the types of complex problems that involve both legal and governmental institutions.
Ambassador Reilly started his career as a solicitor specialising in EU and commercial law but no longer practices as a solicitor.
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do NOT send us any confidential information by email or otherwise.
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Elżbieta Bieńkowska
Former European Commissioner for the Internal Market, Industry, Entrepreneurship and SMEs, Brussels
Andris Piebalgs
Former European Commissioner for Energy, Brussels
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.
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Miguel López Forastier
International Arbitration and Litigation Lawyer
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Case study
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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
Case Studies
Read Additional Regional Experience
Client
Strategy
Result
Covington
Team
Download Case Study
Fine
reduced by
70%
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.
million customers in Nigeria.
65
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.
Result
MTN
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
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
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.
MTN
USD
Billion Fine
$5.2
The company is the largest cellphone provider on the continent with a $9
billion market cap and 230 million customers in 22 countries.
Million
Customer
250
Resolved an Historic Penalty in Africa
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.
Get Started
Overview
Result
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.
Covington assembled a team with deep public policy expertise in both the United States and Mexico.
The firm advised the clients on how to navigate the discrepancies between the measures in each country, and particularly, the essential sectors designations.
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.
Strategy
Covington
Team
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.
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.
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.
Helping Global Companies with Significant United States and Mexico Operations Solve COVID-19-Related Supply Chain Disruptions
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.
Overview
Get Started
Working hand in glove with the client, we:
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.
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.
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
Working hand in glove with the client, we:
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
The client and Covington:
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.
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.
Covington
Team
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.
Protecting a Start-up Company’s First
Development Project
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.
Get Started
Overview
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
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.
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.
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
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
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 the OECD.
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.
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.
Resolved International
Criminal Prosecution Challenges
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.
Get Started
Overview
We helped successfully launched the Global Blockchain Business Council at the World Economic Forum in Davos.
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.
Result
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
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
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.
Blockchain Regulatory Framework: Global
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.
Get Started
Overview
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 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
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.
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.
Covington
Team
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.
Serving as Litigation Architect and Policy Affairs Advisor
for Complex IP Disputes in China
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.
Get Started
Overview
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 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
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
Covington
Team
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.
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.
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.
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
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.
Helped a European Media
Company with an IP Dispute in China
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.
Get Started
Overview
The matters are ongoing.
Result
The matters are ongoing.
Result
Strategy
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.
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.
Strategy
Craig Pollack
Partner
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.
Covington
Team
Craig Pollack
Partner
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.
Covington
Team
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.
Leading Complex International Litigation
We are serving as international dispute resolution counsel in a complex litigation spanning multiple jurisdictions in Europe, Asia, and The Caribbean.
Get Started
Overview
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
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:
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
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 pursued a two-pronged legal strategy:
We commenced an ICC arbitration and sought relief from an ICC Emergency Arbitrator in Paris and
the Chilean courts.
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.
Ranked by Legal 500, Chambers & Partners, and Latinvex’s “Latin
America’s Top 100 Lawyers.”
Covington
Team
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.
Ranked by Legal 500, Chambers & Partners, and Latinvex’s “Latin America’s Top 100 Lawyers.”
Covington
Team
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.
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.
Led Efforts to Save a
Chilean Project for a South Korean Company
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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Overview
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.
These efforts culminated in the client recovering all of the stolen funds.
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.
These efforts culminated in the client recovering all of the stolen funds.
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.
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.
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.
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.
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
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 the 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
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.
Developed U.S./European Commercial Diplomacy and Legal Strategies to Secure Return of Funds in a Financial Fraud
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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Overview
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
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
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.
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.
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.
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
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.
Covington
Team
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.
Trade Sanctions: Europe and U.S.
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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Overview
Negotiations for a win-win outcome are ongoing.
Result
Our team 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.
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 the OECD.
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.
Leading Complex Contract Negotiations for an Asian Energy Company’s Interests in Africa
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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Overview
CMOC successfully completed the $2.65 billion acquisition.
Result
Our team facilitated meetings with DRC government representatives over the course of several months.
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 the OECD.
Covington
Team
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.
Client
Helped Client Navigate Multibillion Dollar
Mining Acquisition in Africa
Provided strategic public policy and legal advice on $2.65 billion mine acquisition in Africa.
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Overview
The company was able to resolve satisfactorily all outstanding questions without disrupting its relationships with the Chinese government and its local joint venture partner.
Result
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.
Strategy
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.
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.
Covington
Team
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.
Client
Addressing Possible Misconduct by a Local Business Partner in Securing Chinese Government Approvals for a Major Industrial Project
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
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.
Result
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.
Strategy
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.
Covington
Team
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.
Client
Resolved a Bet-the-Company
U.S.-Russia Trade Sanctions Issue
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
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.
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.
Result
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.
Strategy
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
Covington
Team
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.
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.
Client
Helping Companies Navigate the Reset in U.S.-China Business and Security Relations
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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Overview
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
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.
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.
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
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
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.
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.
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
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.
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.
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.
Strategy
Covington
Team
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.
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).
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.
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
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.
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.”
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.
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.
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.
Strategy
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
Team
Robert Kayihura
Of Counsel
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.
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.
Client
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.
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.
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.
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
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
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.
%
70
Result
Strategy
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.
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.
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.
Utilized compelling interlocutors and partners in exercising leverage.
Utilized compelling interlocutors and partners in exercising leverage.
Covington
Team
Eric Holder
Partner
Former U.S. Attorney General
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.
Client
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.
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
Our People
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.
Tap on the Headshots to Learn More
Thomas Reilly
Former British Ambassador to Morocco
Nicole Duclos
International Arbitration Lawyer
Corinne Goldstein
International Sanctions and Trade Controls Lawyer
Stephen Rademaker
Former U.S. Assistant
Secretary of State
Dan Feldman
Former Chief of Staff and Counselor to Special Envoy for Climate John Kerry
Carol Browner
Former EPA Administrator
Miguel López Forastier
International Arbitration and Litigation Lawyer
Andris Piebalgs
Former European Commissioner for Energy, Brussels
Sir Michael Leigh
Former EU Director-General
for Enlargement
Jeremy Wilson
International Arbitration Lawyer
Bruce Wilson
International Corporate and M&A Lawyer, Head of Middle East Practice
Kevin Coates
Former Head of Unit at DG Competition, European Commission
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
Claude Smadja
Former Managing Director World Economic Forum
Jean De Ruyt
Former Permanent Representative of Belgium to the EU
Marney Cheek
International Disputes Lawyer, Formerly with the Office of the U.S. Trade Representative
Ambassador
Péter Balás
Former Deputy Director-General
of DG Trade at the European Commission
Ambassador
Stuart Eizenstat
Former Deputy Secretary, U.S. Treasury
Timothy Stratford
Former Assistant U.S. Trade Representative for China Affairs
Cecilia Malmström
Former European Commissioner for Trade
Lanny Breuer
Former Assistant
U.S. Attorney General
Elżbieta Bieńkowska
Former European Commissioner for the Internal Market, Industry, Entrepreneurship and SMEs, Brussels
Lord Francis Maude
Former UK Minister Trade and Investment
Eric Holder
Former U.S.
Attorney General
Erika Mann
Former Member of the European Parliament
Craig Pollack
Global Dispute Resolution Lawyer
Carl Bildt
Former Prime Minister
of Sweden
Ambassador
Karel Kovanda
Former European Commission
Deputy Director General of
External Relations
Kimberly Breier
Former Assistant Secretary of State for Western Hemisphere Affairs
Lord Francis Maude
Former UK Minister Trade and Investment
London
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Dan Feldman
Former Chief of Staff and Counselor to Special Envoy for Climate John Kerry
Washington
Drawing on his prior positions in government service spanning multiple Administrations, former Ambassador Dan Feldman’s practice focuses on environmental, social, and governance (ESG) counseling, business and human rights (BHR), global public policy, as well as broader international regulatory compliance. He is a member of the firm’s Global Problem Solving initiative.
As Chief of Staff and Counselor to Secretary John Kerry when he was appointed the first Special Presidential Envoy for Climate (SPEC) by President Biden, Mr. Feldman helped drive the U.S. government’s international climate agenda, coordinating high level interagency policy-making, engaging with corporate stakeholders, and contributing to key bilateral and multilateral climate discussions, including last year's Leaders' Summit on Climate and the landmark UN Conference of Parties (COP26) in Glasgow.
Previously, Mr. Feldman served as deputy and then U.S. Special Representative for Afghanistan and Pakistan at the U.S. Department of State in the Obama Administration, as Director of Multilateral and Humanitarian Affairs at the National Security Council in the Clinton Administration, and as Counsel and Communications Adviser to the U.S. Senate Homeland Security and Governmental Affairs Committee. He also has served as a senior foreign policy and national security advisor to a number of Democratic presidential and Congressional campaigns.
Mr. Feldman has extensive experience counseling multinational corporations on mitigating risk and maximizing opportunities in the development and implementation of their ESG and sustainability strategies, with a particular background in advising on BHR matters.
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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.
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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.
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Carol Browner
Former EPA Administrator
Carol M. Browner brings nearly four decades of experience advising on environmental and energy policies affecting global energy, environmental, public health, and business matters.
She provides counsel to industry leaders in the energy, transportation, and consumer product sectors on regulatory matters, environmental impact issues, corporate sustainability approaches, and strategic partnership development to advance clean energy, ESG, and other business priorities.
Ms. Browner served as Assistant to President Barack Obama and Director of the White House Office of Energy and Climate Change Policy, where she oversaw the coordination of environmental, energy, climate, transport, and related policy across the U.S. federal government. During her tenure, the White House secured the largest investment ever in clean energy and established the national car policy that included both new automobile fuel efficiency standards and first ever greenhouse gas reduction standards.
Ms. Browner is the longest serving Administrator of the Environmental Protection Agency. As Administrator, she adopted the most stringent air pollution standards in U.S. history; set the first fine particle clean air standard; and spearheaded the reauthorization of the Safe Drinking Water Act as well as the Food Quality Protection Act. Carol was known for working with both environmentalists and industry to set science-based public health protections while providing businesses important flexibilities in how to meet those standards. She worked across the agency to ensure a focus on protecting vulnerable populations and promote environmental equity.
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Miguel López Forastier
International Arbitration and Litigation Lawyer
Washington
Miguel López Forastier is a partner at Covington in Washington, whose practice focuses on international arbitration and litigation. He has successfully represented a wide range of clients, including those in the oil and gas, mining, communications, financial services, and food industries in both investor-State and commercial arbitrations.
Recognized by Chambers Global, Chambers Latin America, and Legal 500 as a leading international arbitration lawyer, his work is praised by clients for his “thorough analysis, insightful advocacy, and consistently reliable judgment.” Both civil-law and common-law trained, he handles contentious work in English, Spanish, and Portuguese.
Mr. López Forastier is a frequent lecturer on arbitration and international law issues at conferences and universities around the globe.
He also sits as arbitrator.
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Cecilia Malmström
Former European Commissioner for Trade
Brussels
Cecilia Malmström is a senior advisor in the firm's Brussels office. She has devoted the better part of her career to global affairs and international relations and has extensive experience with multilateral leadership and cooperation. Ms. Malmström, a non-lawyer, served as European commissioner for trade from 2014 to 2019 and as European commissioner for home affairs from 2010 to 2014. She was first elected as a member of the European Parliament in 1999, serving until 2006, and was minister for EU affairs in the Swedish government from 2006 to 2010.
As European commissioner for trade, Ms. Malmström represented the European Union in the World Trade Organization (WTO) and other international trade bodies. She was responsible for negotiating bilateral trade agreements with key countries, including agreements with Canada, Japan, Mexico, Singapore, Vietnam, and the four founding Mercosur countries.
Ms. Malmström holds a Ph.D. in political science from the department of political science of the University of Gothenburg.
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Elżbieta Bieńkowska
Former European Commissioner for the Internal Market, Industry, Entrepreneurship and SMEs
Brussels
Elżbieta Bieńkowska is a senior advisor in the firm's Brussels office. Elżbieta, a non-lawyer, served as European Commissioner for the Internal Market, Industry, Entrepreneurship and SMEs in Jean-Claude Juncker’s team from 2014 to 2019. In that capacity, she was responsible for much of the European Commission’s regulatory activity that affects the EU’s 450 million citizens, and all companies doing business in the EU. Elżbieta oversaw all product regulation in the EU, setting the rules for goods and services in sectors as diverse as chemicals, cars, electronics, IT infrastructure, machines, medical devices, and hydrogen. She managed the EU’s treatment of IP, led the Commission’s extensive work on standardization, and ran the EU’s industrial policy.
In her time at the Commission, Elżbieta launched the circular economy package, focusing on the regulation of packaging, waste, and batteries. She laid the foundations for the EU’s new industrial strategy, which ultimately resulted in the 2023 proposals for a Net-Zero Industry Act and the Critical Raw Materials Act. She was an early proponent of EU research into AI, and led the Commission’s renewed focus on fostering the space and defense industry in Europe.
Before joining the European Commission, Elżbieta served as Minister for Infrastructure and Development of Poland as well as Deputy Prime Minister. In this role, she was in charge of the allocation of European Union funding and responsible for significant investments in Poland’s transport infrastructure.
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Andris Piebalgs
Former European Commissioner for Energy
Brussels
Andris Piebalgs is a senior advisor in the firm’s Brussels office. Andris, a non-lawyer, is a former senior government official and diplomat specializing in global energy policy, sustainability, and development.
Andris served as European Commissioner for Energy between 2004 and 2009 where he was instrumental in designing and implementing the “Third Energy Package,” which remains a cornerstone of the EU’s energy policy and market regulation. Andris was subsequently European Commissioner for Development, from 2010 and 2014. As a member of the UN Secretary General’s High Level Panel of eminent persons on the Post-2015 Development Agenda, Andris played a key role in formulating the UN’s Sustainable Development Goals. These remain the blueprint for international development, promote affordable and clean energy worldwide, and underpin the discipline of Business and Human Rights.
Before joining the Commission, Andris held a number of roles in the Latvian Government, including as Minister of Finance, Deputy Secretary of State for EU affairs, and Minister of Education. He subsequently served as a diplomat in the Latvian Foreign Service where, as Ambassador to the EU, he was instrumental in helping Latvia gain accession to the European Union.
Since leaving the Commission, Andris has continued to be deeply involved in energy regulation in Europe, serving as the Chairman of the Implementation Committee of the International Methane Emissions Observatory, and Chairman of the Board of Appeal of the Agency of the Cooperation of Energy Regulators. Since 2016, Andris has held a Professorship at the Florence School of Regulation of the European University Institute, and was Adviser to the President of Latvia on his country’s Presidency of the Council of the EU. He has published numerous articles on the politics of energy, the energy transition, sustainability and development.
Andris’s practice focuses on the politics of energy and the links between energy transition and sustainable development, as well as providing counsel on the legislative process, particularly when it comes to the European Union. He works closely with members of the firm’s Global Problem Solving practice—a team of lawyers and policy professionals, including more than 120 former diplomats and senior government officials, that brings its significant experience to bear on the types of complex problems that involve both legal processes and governmental institutions.
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Thomas Reilly
Former British Ambassador to Morocco
Ambassador Thomas Reilly, Covington’s Head of UK Public Policy and a key member of the firm’s Global Problem Solving Group and Brexit Task Force, draws on over 20 years of diplomatic and commercial roles to advise clients on their strategic business objectives.
Ambassador Reilly was most recently British Ambassador to Morocco between 2017 and 2020, and prior to this, the Senior Advisor on International Government Relations & Regulatory Affairs and Head of Government Relations at Royal Dutch Shell between 2012 and 2017.
His former roles with the Foreign and Commonwealth Office included British Ambassador Morocco & Mauritania (2017-2018), Deputy Head of Mission at the British Embassy in Egypt (2010-2012), Deputy Head of the Climate Change & Energy Department (2007-2009), and Deputy Head of the Counter Terrorism Department (2005-2007). He has lived or worked in a number of countries including Jordan, Kuwait, Yemen, Libya, Iraq, Saudi Arabia, Bahrain, and Argentina.
At Covington, Ambassador Reilly works closely with our global team of lawyers and investigators as well as over 100 former diplomats and senior government officials, with significant depth of experience in dealing with the types of complex problems that involve both legal and governmental institutions.
Ambassador Reilly started his career as a solicitor specialising in EU and commercial law but no longer practices as a solicitor.
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If you are not an existing client of Covington & Burling LLP, do NOT send us any confidential information by email or otherwise. You will only become a client upon entering into an engagement agreement with us, after which confidential information may be exchanged.
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About Us
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.
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.
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