Antony P. Kim

Partner
Antitrust & Competition

Antony (Tony) Kim is a member of the Litigation and Antitrust groups, and co-chair of the firm’s Privacy, Data Security and Internet Safety Group. Tony represents clients in investigations before the U.S. Department of Justice and U.S. Federal Trade Commission, and in private actions related to antitrust merger and conduct matters. He also has an active counseling, investigations and litigation practice involving a broad array of consumer-facing issues, including data privacy, data security and breach management, and sales and marketing practices. His clients are engaged in diverse industries, including industrial chemicals, financial services, deep-sea and air-cargo shipping, media and newspapers, clothing and fashion, online services and social networks and software.

Representative Antitrust / Merger investigations:

  • Crane Co. Acquisition of MEI, Inc.’s global unattended payment systems business.
  • Instagram. Sale of Instagram’s innovative mobile photo-sharing app and business to Facebook.
  • BASF SE and INEOS Group. Global joint venture involving styrenics businesses spanning 17 manufacturing facilities in 10 countries.
  • Exxaro Resources. Combination of Exxaro’s international mineral sands business with Tronox Limited.
  • Keystone Holdings/CoorsTek. Acquisition of St. Gobain’s North American alumina wear tiles business.
  • New Times Media. Merger with Village Voice Media involving more than a dozen alternative newsweeklies and nationwide advertising distribution firm.
  • NOVA Chemicals. Sale of business to Abu Dahbi-based International Petroleum Investment Company.
  • INEOS NOVA LLC. Global joint venture involving integrated styrenics operations in North America and Europe.

Representative Antitrust / Litigation matters:

  • Deutsche Post/DHL. Representing one of the largest direct purchasers of cargo services in “opt-out” actions related to price-fixing claims arising out of Air Cargo Shipping Services MDL in the Eastern District of New York.
  • Microsoft Corp. Represented Microsoft in ITC proceeding against Barnes & Noble involving “patent misuse” defense based on Microsoft’s IP licensing practices with respect to Android device manufacturers.
  • Whole Foods Market. Member of multi-disciplinary team that launched media/litigation/political strategy in response to the U.S. Federal Trade Commission’s post-consummation challenge to client’s acquisition of Wild Oats.
  • Halcor S.A. Represented non-U.S. copper tubing manufacturer in price-fixing class action, In re Copper Tubing, in the Western District of Tennessee, involving issues grounded in the Foreign Trade Antitrust Improvements Act (FTAIA).
  • SF Weekly. Represented local alternative newspaper in California state court action alleging state antitrust and unfair competition claims for alleged below-cost pricing (“predatory pricing”) of advertising.
  • Foundry Networks. Represented networking hardware company in asserting monopolization counterclaims in standard-setting organization (SSO) context against Alcatel in District Court of Delaware.

Representative Consumer / Privacy matters:

  • Data-breach response matters. Led investigations, regulatory compliance, remediation and defense strategy for several nationwide data breaches involving millions of compromised records.
  • SMS-text messaging cases. Served as lead defense counsel in class actions in the Northern District of Illinois and in the Southern District of Florida, alleging violations of text messaging provisions under the Telephone Consumer Protection Act (TCPA).
  • Social-gaming network. Confidential investigation by FTC’s Bureau of Consumer Protection involving alleged breach of data protected by the Children's Online Privacy Protection Act (COPPA).
  • Global retail company. Confidential FTC investigation involving online privacy policies and behaviorally-targeted advertising practices.
  • National mortgage company. Confidential FTC investigation concerning alleged breach of data protected by Gramm Leach Bliley Act (GLBA) and Fair Credit Reporting Act (FCRA).
  • Longchamp USA. Class action in Southern District of Florida alleging violations of the Fair and Accurate Credit Transactions Act’s (FACTA) requirements related to printed, point-of-sale credit card receipts.
  • Capital Credit Alliance & Consumer Credit Services. Federal and state class actions and arbitrations, alleging violations of the Credit Repair Organizations Act (CROA) and the Fair Credit Reporting Act’s provisions on “Firm Offers” related to use of credit reports.
  • Electric Mobility Corporation. Investigations by State Attorneys General in New York, New Jersey, Ohio, Pennsylvania and Washington with respect to telemarketing and advertising compliance issues under state consumer protection analogs to the U.S. Federal Trade Commission’s Telemarketing Sales Rules (TSR), and Do-Not-Call (DNC) Rules.

Other representative experience:

  • Privacy & Data Security. Counseling related to online privacy policies, data security and breach incident response (including multi-state attorney general and Federal Trade Commission investigations), data acquisition and use, and online marketing practices.
  • Cartels. Internal investigations; grand jury subpoena compliance; and defense representation in price-fixing cartel proceedings before the U.S. Department of Justice’s Antitrust Division and the European Commission.
  • Complex Litigation & Trials. Broad complex litigation experience, including as member of trial team for Merck in Hawaii state court action challenging industry pricing practices for prescription pharmaceuticals used in the Medicaid program, and trial team for the Future Claimants Representative (FCR) in W.R. Grace Bankruptcy proceedings determining future estate liabilities associated with alleged asbestos exposure.

Before joining Orrick, Tony was an attorney in White & Case LLP’s global competition and litigation department. Prior to law school, he worked as an investment consultant for corporate asset portfolios.

Antony Kim
Speeches
  • "PANIC!: How to Anticipate, Prepare and Respond to Data Breaches," The Modern Silicon Valley Workplace Part 3, Menlo Park (Dec. 5, 2013) (co-panelist with Gabe Ramsey).
  • Panelist, "A-Z of Consumer Data and Privacy," MCCA CLE Expo, San Diego (March 6, 2013)
  • Podcast, "Defending Big Data," Law Technology Now's Legal Talk Network (October 2012)
  • "Cookie Crunch: Time to Comply, A unique perspective on cookie privacy rules in the EU and US" (May 24, 2012), London Client Workshop, Orrick Herrington & Sutcliffe LLP (co-presenter with Kolvin Stone and James Drury-Smith)
  • "Timekeeping: Getting Paid For Your Hard Work" (Jan. 18, 2012), CLE Seminar, Orrick Herrington & Sutcliffe LLP
  • "Anatomy of an Effective Privacy Policy" (Nov. 16, 2011), Brown Bag Seminar, Orrick Herrington & Sutcliffe LLP
Select Publications
  • Featured in Article, "Defending Big Data," by Monica Bay, LTN Law Technology News Edition, October 2012.
  • "FTC Releases Privacy Report and Testifies on Its Reach; Mobile Remains Hot Issue," Client Alert, April 2012 (with Stephanie Sharron, Jonathan Direnfeld and Brooke Daley).
  • "Obama Sets Out Privacy Framework; FTC and DAA Preview Privacy Priorities," Client Alert, March 2012 (with Jonathan Direnfeld and Brooke Daley).
  • "Japan-Cartels," Global Competition Review: The Asia Pacific Antitrust & Trade Review 2005 (Contributing Author).
  • "Japan-Cartel Regulation," Global Competition Review: The Asia Pacific Antitrust Review 2004 (Contributing Author).
Languages
  • English
Admitted In
  • New York
  • District of Columbia
Court Admissions
United States District Court
  • District of Columbia
New York Supreme Appellate Court

    Education
    • J.D., Georgetown University Law Center, 2003
    • B.A., cum laude, Program in Ethics, Politics & Economics, Yale University, 1998
    Honors
    • Fellow, Leadership Council on Legal Diversity (2013)
    • Member, Georgetown Journal of Law and Policy in International Business
    Memberships
    • New York State Bar Association
    • District of Columbia Bar Association
    • American Bar Association, Antitrust Section

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