Antony P. Kim

Partner
Antitrust & Competition

Antony (Tony) Kim, is global co-chair of the firm's Cybersecurity & Data Privacy team, which is nationally ranked by The Legal 500 for "an aggressive yet practical approach to solving cyber issues."  He is also a partner in the Antitrust & Competition practice group.

In 2014, the National Law Journal named Tony to its list of D.C. Rising Stars, a "game changing" group of private, government and public interest attorneys who practice in our nation's capital.  Tony was also awarded the Client Choice Award by the International Law Office (ILO) and Lexology based on a survey of more than 2,000 senior in-house counsel.  He is recognized in Super Lawyers D.C., and was named to the inaugural "Incident Response 30" list in 2016 by Cybersecurity Docket.

Tony represents clients in investigations before federal and state regulators, and in private actions and counseling engagements across a broad array of competition merger and conduct issues, and consumer-based data privacy, cybersecurity & breach response, and sales & marketing practices. His clients are engaged in diverse industries, such as chemicals, transportation, medical devices, media and newspapers, clothing and fashion, financial services, software and hardware, and a variety of online and mobile platforms.

Representative Cybersecurity and Data Privacy experience:

  • Cybersecurity Preparedness/Incident Response. Tony works with in-house legal departments, C-Suites, Boards of Directors and IT-InfoSec teams on proactive cybersecurity preparedness programs and risk mitigation strategies.  He has directed forensic investigations, cross-border notifications, responses to regulatory enforcement actions, and civil litigation defense strategies in over 100 incidents involving breaches of personal information, payment card data, and trade secrets, for private and public companies and governmental entities.
  • Data Privacy/Sales & Marketing. Tony works with brick-and-mortar and online companies across industries to design privacy disclosures, privacy-by-design processes, enterprise-wide compliance programs, online and offline marketing strategies, and a host of other issues related to data processing.
  • Regulatory Investigations. Tony defends clients in federal and state regulatory investigations.  Representative matters include: a national mobility device maker in investigations by the FTC, and the New York, New Jersey, Ohio, Pennsylvania and Washington AG offices regarding practices subject to the Telemarketing Sales Rules (TSR), the Do-Not-Call Rules (DNC), and state analogs; a social gaming network in an investigation by the FTC implicating information protected by the Children’s Online Privacy Protection Act (COPPA); a national mortgage company in an investigation by the FTC involving data protected by the Gramm Leach Bliley Act (GLBA) and Fair Credit Reporting Act (FCRA).
  • Civil 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 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 club card provider against alleged violations of the Credit Repair Organizations Act (CROA), and the Fair Credit Reporting Act (FCRA) provisions on “firm offers."

Representative Antitrust and Competition experience:

  • Mergers & Acquisitions. Tony has led or co-led the defense in merger investigations before the U.S. Department of Justice’s Antitrust Division and U.S. Federal Trade Commission, on behalf of clients such as Elance (online freelancer platforms), Crane Co. (unattended payment systems), Instagram (mobile photo-sharing), 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).
  • Cartel Investigations. 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, including in investigations into the Parcel Tankers, DRAM, and Auto Parts industries.
  • Civil Litigation. Tony has litigated numerous antitrust actions and claims, including at the intersection of intellectual property and antitrust, on behalf of plaintiffs and defendants in state, federal and arbitration proceedings. His clients have included DHL (as “opt-out” plaintiff in the Air Cargo price-fixing class actions), Microsoft (as defendant in an ITC proceeding involving the “patent misuse” defense), Whole Foods Market (as plaintiff in a multi-prong strategy in response to the FTC’s post-consummation challenge to the Wild Oats acquisition), Halcor S.A. (as defendant in a federal price-fixing class action), SF Weekly (as defendant in a California state predatory-pricing action) and Foundry Networks (as antitrust counter-claimant in a case involving alleged abuses in the standard-setting context).

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
Select Publications
Languages
  • English
Admitted In
  • New York
  • District of Columbia
Court Admissions
United States District Courts
  • District of Columbia
Supreme Court of the State of New York
  • Appellate Division, Third Department

Education
  • J.D., Georgetown University Law Center, 2003
  • B.A., cum laude, Program in Ethics, Politics & Economics, Yale University, 1998
Honors
  • Cybersecurity Docket, "Incident Response 30" (2016)
  • JD Supra Readers’ Choice Award 2016 – Cybersecurity
  • National Law Journal, D.C. Rising Star, 40-Under-40 (2014)
  • International Law Office & Lexology, Client Choice Award in Competition, USA and District of Columbia (2014)
  • Super Lawyers, Rising Star, Media and Advertising, Antitrust, Mergers & Acquisitions, District of Columbia (2014, 2015, 2016)
  • Noted Practitioner, The Legal 500, Media Technology and Telecoms, Cybercrime (2014, 2015)
  • Recommended, The Legal 500, United States: Antitrust, Cartels (2015)
  • Fellow, LCLD 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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