Antony P. Kim

Partner
Antitrust & Competition

Antony (Tony) Kim, a partner in the Washington, D.C., office, is a member of the Antitrust & Competition practice group, and co-chairs the firm's Data Privacy & Security team, which was nationally ranked in 2014 by The Legal 500 for providing "high-level practical experience and understanding of the law" in the fast evolving area of cybercrime services. In 2014, the International Law Office (ILO) and Lexology awarded Tony the exclusive Client Choice award in the Competition category for the District of Columbia and United States region. This award was based on a survey of senior corporate in-house counsel and recognizes law firm partners who add value to clients' businesses, above and beyond other players in the market.

Tony's practice involves the representation of clients in investigations before federal and state regulators, and in private actions and counseling engagements across a broad array of antitrust & competition matters, and consumer-facing matters focused on data privacy, data security & breach response, and sales & marketing. His clients are engaged in diverse industries, such as specialty chemicals, transportation, medical devices, media and newspapers, clothing and fashion, financial services, software and hardware, and a variety of online and mobile platforms.

Tony's Antitrust & Competition experience includes the following:

  • Mergers & Acquisitions. Tony has led or co-led counsel in merger investigations before the U.S. Department of Justice’s Antitrust Division and U.S. Federal Trade Commission, on behalf of corporate clients such as Elance (online freelancer platforms), Crane Co. (unattended payment systems), Instagram (mobile photo-sharing app), BASF (specialty chemicals), INEOS Group (styrenics plastics), NOVA Chemicals (styrenics plastics), Exxaro Resources (mineral sands), CoorsTek (alumina wear tiles) and New Times Media (alternative newsweeklies).
  • Criminal Cartels. Tony has extensive experience conducting internal investigations, complying with grand jury subpoenas and requests for information, and defending companies in criminal cartel proceedings before the U.S. Department of Justice’s Antitrust Division and the European Commission, including investigations involving the Parcel Tankers, DRAM, Air Cargo, Auto Lighting, Capacitors and Hoses industries.
  • Civil Litigation. Tony has litigated numerous antitrust actions involving price-fixing and monopolization claims, including theories at the intersection of IP and antitrust, on behalf of plaintiffs and defendants in various state, federal and arbitration proceedings. His clients have included DHL (as “opt-out” plaintiff in the Air Cargo price-fixing class action litigation), Microsoft (as defendant in an ITC proceeding involving the “patent misuse” defense), Whole Foods Market (as plaintiff in a multi-prong strategy to counter the FTC’s post-consummation challenge to the Wild Oats Markets acquisition), Halcor S.A. (as defendant in a civil price-fixing class action), SF Weekly (as defendant in a California state predatory-pricing action) and Foundry Networks (as antitrust counter-claimant in a patent case involving alleged standard-setting abuses).

Tony also has extensive experience in Data Privacy & Security matters in counseling, investigative and litigation roles.

  • Data/Security Breach Response. Tony has led internal forensic investigations, responses to regulatory enforcement actions, security assessments and remediation, and civil defense strategies in dozens of large scale cyber-attacks and security breaches involving tens-of-millions of compromised records and IP/trade secrets, on behalf of both private and public companies.
  • Privacy/Sales & Marketing. Tony has worked with brick-and-mortar and online companies across many industries to design and develop effective privacy disclosures, privacy-by-design processes, enterprise-wide privacy and data security programs, online and offline marketing strategies, and a host of other data-handling compliance mechanisms and policies.
  • Regulatory Investigations. Tony has defended clients in dozens of federal and state regulatory investigations, including a national mobility device maker in investigations by the FTC, New York, New Jersey, Ohio, Pennsylvania and Washington attorneys general into practices under the Telemarketing Sales Rules (TSR), the Do-Not-Call Rules (DNC), and state analogs; a social gaming network in a data breach investigation by the FTC implicating information protected by the Children’s Online Privacy Protection Act (COPPA); and a national mortgage company in a data theft investigation by the FTC of data protected by the Gramm Leach Bliley Act (GLBA) and Fair Credit Reporting Act (FCRA).
  • Class-Action Litigation. Tony has led or co-led the defense in numerous consumer class actions, including in the Northern District of Illinois and Southern District of Florida on behalf of online service providers against claims under the Telephone Consumer Protection Act (TCPA) for SMS-text message marketing; in the Southern District of Florida on behalf of a high fashion boutique against claims under the Fair and Accurate Credit Transactions Act (FACTA) for allegedly non-compliant, point-of-sale receipts; in four federal and three state class actions on behalf of a national merchant credit card provider against alleged violations of the Credit Repair Organizations Act (CROA); and the Fair Credit Reporting Act (FCRA) provisions on “firm offers” of credit.

Before joining Orrick, Tony was a member of the litigation and antitrust practice groups at White & Case LLP in Washington, D.C. Prior to law school, he worked in Philadelphia as an asset-investment consultant for corporate defined-benefit and 401(k) portfolios.

Antony Kim
Speeches
  • ABA Section of Antitrust Law, Antitrust Update for In-House Counsel (Dec. 12, 2013) (co-panelist).
  • "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)
  • "Anatomy of an Effective Privacy Policy" (Nov. 16, 2011), Brown Bag Seminar, Orrick Herrington & Sutcliffe LLP
Select Publications
  • "Is it a 'Cyberattack' or a 'Data-Breach Incident'?," Corporate Counsel, July 2014 (with Mark Mermelstein and Robert Uriate).
  • 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)
    • International Law Office & Lexology, Exclusive Winner of Client Choice Award in Competition category for USA and District of Columbia (2014)
    • Super Lawyers, Rising Star, Media and Advertising, Antitrust, Mergers & Acquisitions (District of Columbia, 2014)
    • The Legal 500, Orrick Team Ranked in Tier 2 for Cyber-Crime Services (2014)
    • 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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