Caroline Simons
Partner
Boston
New York Office
Caroline practices at the intersection of cybersecurity, government enforcement, and intellectual property. Her interdisciplinary experience enables her to guide her clients through crises, defend them in high-stakes litigation, and manage enterprise risk strategically, effectively, and efficiently.
Caroline is a litigator and trial lawyer who focuses her practice on litigation and disputes in the technology space, particularly cases touching on Section 230 of the Communications Decency Act, trade secret misappropriation, trademark infringement, and data breach matters. Clients across diverse industries also engage Caroline to help them respond to cyber incidents, including suspected network intrusions, ransomware incidents, and data breaches. Her extensive experience designing and conducting investigations helps her clients identify root causes, assess incident response effectiveness, and use those investigative findings to strategically enhance IP protections, compliance, and cybersecurity programs -- all with the goal of effectively managing the company's reputational, legal, and financial risks.
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Caroline was named an Up & Coming Lawyer by Massachusetts Lawyers Weekly in 2017, and has been recognized by Super Lawyers from 2016 - 2022. She formerly served as co-chair of Orrick's firmwide DEI initiative and as an ambassador in the Move the Needle initiative, a trailblazing collaboration between Orrick, Diversity Lab, leading GCs, and three other law firms to advance diversity and inclusion in the legal profession through ambitious goals and bold experimentation. Caroline maintains an active pro bono practice, representing children and refugees in asylum proceedings in conjunction with the Political Asylum / Immigration Representation (PAIR) Project. She has also drafted amicus briefs in cases pending before the U.S. Supreme Court and U.S. Circuit Courts of Appeals in the areas of technology, criminal justice, and reproductive rights.
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- Representing technology company in data breach class action suit.
- Represented financial services company in successive security breaches implicating vendor controls.
- Represented travel and transportation company in network intrusion.
- Represented leading education technology company and conducted incident post-mortem investigation to assess and develop operational resiliency.
- Represented leading online grocer in copyright and CFAA litigation against competitor regarding allegations of data-scraping images from consumer-facing website.
- Defended education technology company and former employees against allegations of trade secrets misappropriation. Settled favorably before preliminary injunction hearing after conducting swift forensic investigation.
- Represented leading materials company Teknor Apex in defending against allegations of trade secrets misappropriation following failed joint venture. Settled favorably following the first, key 30(b)(6) deposition of adversary.
- Obtained favorable International Trade Commission determination in modification proceeding on behalf of Mahindra & Mahindra Ltd. and Mahindra Automotive North America in trademark and trade dress litigation; continuing to represent clients in parallel federal district court proceedings.
- Obtained acquittal for client charged with attempted Hobbs Act extortion after a 7-day trial.
- Represented emerging life sciences company in ultra-rare disease space in suit alleging trade secret misappropriation.
- Successfully represented attorneys under federal investigation for conspiracy to defraud the United States; USAO declined to prosecute.
- Represented drone technology company in investigation and dispute with departing engineer with respect to trade secret misappropriation.
- Counseled sports technology company with respect to suspected trade secret misappropriation and copyright violations stemming from failed joint venture.
- Counseled and conducted investigation for search engine companies with respect to suspected trade secret misappropriation and Computer Fraud and Abuse Act violations by former partner.
- Represented a manufacturer of solar panels in an offensive trade secret misappropriation case brought under Mass. Gen. Laws ch. 93A, obtaining judgment awarding treble damages under a lost profits theory and attorney’s fees, permanent injunction, and a 5-year production injunction. Judgment upheld in full by the Massachusetts Appeals Court.
- Conducted an internal investigation on behalf of a state university regarding misuse of public funds by its President, leading to his resignation. Attorney General's Office subsequently filed suit against the individual to recover state funds.
