Covington & Burling

Attorneys at Covington & Burling have been Guantanamo Bay attorneys for Ahmed al-Ghailani[11] fifteen Yemenis, one Pakistani, and one Algerian being held at Guantanamo Bay. The firm obtained favorable rulings that detainees have rights under the Fifth Amendment and the Geneva Conventions.[12] The court ruled in March 2005 that the government could not transfer detainees from Guantanamo Bay to foreign custody without first giving the prisoners a chance to challenge the move in court.

According to The American Lawyer's annual pro bono survey, Covington lawyers spent 3,022 hours on Guantánamo litigation in 2007, "the firm's largest pro bono project that year". Lawyers from the firm who have become administration officials have been advised by ethics officials to recuse themselves in matters involving detainees represented by their former firms, but not from policy issues where they were not personally and substantially involved. Lanny Breuer is one of those who has had to recuse from some matters since leaving the firm for a government position. Covington also co-authored one of three petitioners' briefs filed in Boumediene v. Bush, "and was responsible for several detainee victories" in the U.S. Court of Appeals for the D.C. Circuit. "At least one high-ranking appointee played a key role in advancing detainees' rights," but they did not participate in litigation over the Guantanamo Bay prison itself.[13]

• First in Pro Bono Hours per Lawyer, 2019 and 2020—The American Lawyer[14]
• Law360, Pro Bono Firm of the Year, ranked No. 1 (2015).[15]
• The American Lawyer "Pro Bono Report", ranked No. 1 in its annual Pro Bono Survey (2006).
• The American Lawyer "Pro Bono Report", ranked No. 1 seven out of the last 12 years.
• DC Bar Association, Thurgood Marshall Award for commitment to excellence in the fields of civil rights and individual liberties (2006).[16]
• Human Rights Campaign, "Ally for Justice" award for providing outstanding legal guidance to the HRC (2006).

Covington's Corporate Practice specializes in antitrust transactions, content creation and distribution, employee benefits and executive compensation, integration and legal entity structuring, mergers and acquisition, private equity, project development and finance, restructuring and bankruptcy, technology and IP transactions, capital markets and securities, corporate governance, finance, life sciences transactions, outsourcing, private funds, real estate, tax, and venture capital.[17]

Covington's Litigation and Investigations Practice is known for its work in anti-corruption/FCPA, appellate and Supreme Court, class actions, congressional investigations, e-discovery and information management, False Claim Act, international arbitration, life sciences litigation and investigations, patent litigation, product liability and mass tort, tax controversies, white collar defense and investigations, antitrust litigation, cartel defense and investigations, commercial litigation, copyright and trademark litigation, ERISA and employee benefits litigation, insurance recovery, ITC Section 337, media and entertainment litigation, patent office trials, securities litigation and enforcement, and trade secrets.[17]

Covington's Regulatory and Public Policy Practice includes advertising and consumer protection, antitrust/competition, CFIUS, copyright and trademark counseling and prosecution, election and political law, employment, environmental, food, drug, CFTC, government contracts, international trade, public policy, anti-corruption, business and human rights, communications and media, data privacy and cybersecurity, employee benefits and executive compensation, energy, financial services, foreign direct investment regulation, global compliance, health care, patent counseling and prosecution, and trade secrets.[17]

The State of California hired Covington & Burling attorney and former Obama Attorney General Eric Holder to fight the Trump administration.[18][19]

According to press reports and filings with the U.S. Department of Justice under the Foreign Agents Registration Act, Covington & Burling assisted the government of Australia in pursuing the legislation to create a new visa category reserved exclusively for nationals of Australia following the enactment of the U.S.-Australia Free Trade Agreement.[20] The Covington team included Stuart Eizenstat, Martin Gold, Roderick DeArment, David Marchick, Elizabeth Letchworth, Les Carnegie, and Brian Smith.[20] On November 20, 2012, the LegalTimes reported that the Embassy of South Korea had hired Covington & Burling to advise on a similar visa for Korea. Covington of counsel Brian Smith and senior international policy adviser Alan Larson reportedly led the matter, assisted by senior counsel Martin Gold and associate Jonathan Wakely.[21]