Antony (Tony) Kim, is a partner in the Antitrust & Competition practice in Washington, D.C., and Global Co-chair of the Cybersecurity & Data Privacy team, which is nationally recognized for "an aggressive yet practical approach" that "meets the needs of both in-house counsel and tech-savvy business clients."

Tony represents clients in investigations before the Federal Trade Commission and the Department of Justice, and in litigation and counseling engagements, across an array of competition issues, as well as data privacy, cybersecurity, incident response, and sales & marketing matters.  His clients are engaged in diverse industries, such as software, hardware, financial services, fintech, transportation, chemicals, medical devices, media, fashion, and cutting-edge online and mobile platforms.

The National Law Journal named Tony to its 2014 list of D.C. Rising Stars, a 40-under-40 group of "game changing" private, government and public interest attorneys. Based on extensive market surveys of general counsel and senior in-house lawyers, Tony was awarded the Client Choice Award by the International Law Office (ILO)/Lexology in 2015, and was named an Acritas Star Lawyer in 2016.  He is recognized by The Legal 500, by Benchmark Litigation, by Super Lawyers D.C. Rising Stars, and by Cybersecurity Docket, who named Tony to its inaugural "Incident Response 30" list of the top professionals to call when facing a major cyberattack.  In 2016, Law360 named Orrick's Cybersecurity & Data Privacy team a "Practice Group of the Year" in the data protection category.

  • Tony's experience spans the full gamut of antitrust and competition matters, including the defense of mergers and acquisitions before the federal antitrust agencies, defense of criminal cartel proceedings, and civil litigation.  His cybersecurity and data privacy practice includes proactive cybersecurity program development, board governance on cyber risk oversight, data breach management and regulatory compliance, as well as a host of data protection and consumer protection compliance issues and investigations before the Federal Trade Commission, State Attorneys General, the BBB, in civil class action litigation, and in counseling capacities.  A representative list of Tony's engagements is provided below. 

    Before joining Orrick, Tony was a member of the antitrust litigation practice group at White & Case LLP in Washington, D.C.  Prior to law school, he worked in Philadelphia as an investment consultant for corporate asset portfolios.

  • Representative Cybersecurity and Data Privacy experience:

    • Cybersecurity/Incident Response. Tony works with in-house legal departments, C-Suites, Boards of Directors and IT teams on proactive corporate cybersecurity preparedness programs and risk mitigation strategies. He is regularly before Boards of Directors on critical cybersecurity training and compliance matters. He has also directed forensic investigations, cross-border notifications, responses to regulatory enforcement actions, and civil defense strategies in hundreds of cyberattacks and data breaches involving personal information of employees and customers, such as payment card data, as well as proprietary data and trade secrets, and on behalf of private and public companies as well as governmental entities.
    • Data Privacy/Sales & Marketing. Tony has worked with brick-and-mortar and online companies across 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 on behalf of:  a consumer marketing company in a FTC investigation following a consent decree requiring privacy disclosures and security assessments; an online marketplace lender in an FTC investigation involving advertising practices and claims substantiation issues; an online retailer in an FTC investigation involving "negative option" marketing programs; a national events and ticketing company in an investigation by the FTC and 25 state attorneys general involving a major cyberattack and data breach; a national mobility device maker in investigations by the FTC, New York, New Jersey, Ohio, Pennsylvania and Washington attorneys general involving the Telemarketing Sales Rules (TSR), the Do-Not-Call Rules (DNC), and state analogs; a social gaming network in an investigation by the FTC involving the Children’s Online Privacy Protection Act (COPPA); and a national mortgage company in an FTC investigation involving 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 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. 

    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 IronPlanet (online auctions and related disposition formats), Blackfriars (polymer products distribution), 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).  Tony also has experience assisting clients to evaluate and purchase assets and businesses out of agency divestiture proceedings.
    • 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 investigations involving Parcel Tankers, DRAM/SRAM, and a variety of Auto Parts.
    • 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).