Covington & Burling LLP operates as a limited liability partnership worldwide, with the practice in England and Wales conducted by an affiliated
limited liability multinational partnership, Covington & Burling LLP, which is formed under the laws of the State of Delaware in the United States
and authorized and regulated by the Solicitors Regulation Authority with registration number 77071..
Kate McNulty is a senior associate in the Washington office who helps clients navigate complex international trade and investment matters, providing legal and strategic advice to clients on global policy issues and geopolitical risks. She counsels companies, trade associations, and governments on the use of international treaties—including free trade agreements (FTAs), bilateral investment treaties (BITs), and the World Trade Organization (WTO)—to open markets and resolve disputes, also regularly advising clients on the negotiation and implementation of such agreements. She has represented corporate clients in both commercial and investment treaty arbitrations, including under ICSID, ICC, UNCITRAL, and ICDR rules, and also represents clients in proceedings before U.S. administrative bodies and U.S. courts, including in trade remedy proceedings (AD/CVD) and customs matters.
Kate also focuses her practice on U.S. anti-forced labor laws as well as business and human rights matters, advising clients on matters relating to the enforcement of Uyghur Forced Labor Prevention Act (UFLPA) and Withhold Release Orders (WROs). She helps clients develop and implement strategies to mitigate supply chain risks, including building compliance programs, developing due diligence procedures, and conducting risk assessments. She also advises clients on conducting human rights-related investigations and implementing related findings.
Kate also maintains an active pro bono practiced focused on international human rights, and her work includes representation of Radio Free Europe/Radio Liberty, the Clooney Foundation for Justice, the American Bar Association Center for Human Rights, and journalists wrongfully detained by foreign governments.
Kate joined the firm after serving as a Foreign Affairs Officer in the Office of Multilateral Trade Affairs at the U.S. Department of State, where she managed trade enforcement and trade policy issues, and participated in the negotiation of international trade agreements on behalf of the U.S. Government.
Advising global pharmaceutical and technology companies on strategies to protect intellectual property rights, including by ensuring that countries comply with obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Advising multinational companies and trade associations on invoking international obligations under various WTO and free trade agreements, as well as bilateral investment treaties, to confront and advocate against international trade and investment barriers.
Advising clients on the drafting of text proposals for proposed inclusion in future trade and investment agreements being negotiated between governments.
Counseling clients on trade enforcement matters and market access barriers in major global markets, including China, Japan, the European Union, Canada, and Mexico.
Representing OCP before the U.S. Department of Commerce in the countervailing duty investigation of phosphate fertilizer from Morocco.
Representing Doyon, Ltd., before the Department of Commerce in antidumping and countervailing duty investigations of fabricated structural steel from Canada.
Advising several clients on forced labor import restrictions and related government engagement strategies in response to enforcement of the UFPLA and use of Withhold Release Orders by U.S. Customs and Border Protection (CBP).
Working with multinational companies in the automotive, aluminum, technology sectors to design and implement comprehensive global sourcing programs and due diligence procedures to mitigate risks in compliance with anti-forced labor laws such as the UFPLA, and incorporating international standards such as the UN Guiding Principles on Business and Human Rights.
Advising a major technology company on conducting an investigation into the use of forced or child labor by a potential supplier.
Representing U.S. construction materials company Legacy Vulcan in an investment treaty arbitration against Mexico under the North American Free Trade Agreement (bilingual English / Spanish-language proceeding).
Representing a Peruvian mining company in an ICC arbitration arising out of contracts for engineering, procurement, and construction management services in connection with a major mining project in Peru (bilingual English / Spanish-language proceeding).
Advising pharmaceutical and technology companies on investment claims against Latin American countries.
Representing wrongfully detained journalist, Alsu Kurmasheva, and her employer, Radio Free Europe/Radio Liberty, to secure Ms. Kurmasheva’s release from wrongful detention in Russia through an internationally negotiated prisoner exchange.
The George Washington University Law School, J.D., 2017
with high honors
Order of the Coif
George Washington Law Review
Johns Hopkins School of Advanced International Studies, M.A., 2009
International Relations and Economics
University of Iowa, B.A./B.S., 2006
with high distinction
Phi Beta Kappa
Bar Admissions
District of Columbia
Government Experience
U.S. Department of State
Languages
Spanish
Italian
French
Pro Bono
Advising an international association on the obligations of foreign governments to guarantee the right to freedom of expression and due process, arising under international treaties and conventions.
Advising an intra-state organization on legal and administrative matters regarding implementation of pollution mitigation efforts across state borders to preserve environmental and natural resources.
Advising on legal issues relating to intra-state conflicts and peace negotiations in Africa.
Accolades
Superior Honor Award, U.S. Department of State (2018)
Meritorious Honor Award, U.S. Department of State (Multiple)
Memberships and Affiliations
American Bar Association
American Society of International Law
Previous Experience
U.S. Department of State, Office of Multilateral Trade Affairs, Foreign Affairs Officer
Hon. Charles N. Brower, International Arbitrator and Judge ad hoc for the International Court of Justice, Judicial Intern
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