Antony P. Kim

Antony (Tony) Kim is a member of the firm's Litigation and  Antitrust practices, and co-chair of the Privacy, Data Security & Internet Safety group.  He is based in the Washington, D.C., office.  Tony represents clients in investigations before the U.S. Department of Justice and U.S. Federal Trade Commission, and in private actions related to merger and conduct matters.  Tony also has an active counseling, investigations and litigation practice involving a broad array of consumer-facing issues, including data privacy, data security & breach management, and sales & marketing practices. 

Tony has represented clients in state and federal courts, arbitrations, and investigations before the federal antitrust and consumer protection agencies and State Attorneys General.  He has experience in diverse industries, including deep-sea and air-cargo shipping, chemicals, financial services, media and newspapers, online products and services, semiconductors, software and medical devices.

Representative Antitrust / Merger investigations:

• Instagram.  Sale of Instagram's innovative mobile photo-sharing app 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.
• CoorsTek.  Keystone Holdings/CoorsTek's acquisition of St. Gobain’s North American alumina wear tiles business.
• New Times Media.  New Times Media's merger with Village Voice Media involving more than a dozen alternative newsweeklies and nationwide advertising distribution firm.
• NOVA Chemicals.  Sale of NOVA 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 litigation in the 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 acquisition of Wild Oats.
• Halcor S.A.  Represented foreign copper tubing manufacturer in price-fixing class action, In re Copper Tubing, in the Western District of Tennessee, involving inter alia 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 (SSO) context against Alcatel in District Court of Delaware.

Representative Consumer / Privacy matters:

• 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 the U.S. Federal Trade Commission's Telemarketing Sales Rules (TSR), and Do-Not-Call (DNC) Rules.

Other representative matter: 

• Privacy & Data Security.  Counseling relating to online privacy policies, data security and breach response protocols, data acquisition and use practices, and online marketing practices involving consumer data. 
• Cartels.  Internal investigations, grand jury subpoena compliance and defense in cartel proceedings before the U.S. Department of Justice's Antitrust Division and European Commission.
• Complex Litigation & Trials.  Company defense work in broad array of complex litigation matters, including representation on trial team for Merck in Hawaii state court action challenging industry pricing practices for prescription pharmaceuticals used in the Medicaid program, and representation on trial team for the Future Claimants Representative (FCR) in W.R. Grace Bankruptcy proceedings to determine 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.