Commercial Litigation and Government Affairs

Tony’s litigation practice covers a wide variety of commercial and technology-enforcement matters in various industry sectors, including at the state and federal trial and appellate levels, and before specialized tribunals.

Representative Litigation Matters Include

• Injunction against EPA in Federal Advisory Committee Act action concerning development of the Pebble Mine in Alaska

• Securing injunctions and money judgments for trademark and copyright infringement against Internet cyber pirates for streaming TV shows and movies

• Anti-spam litigation on behalf of Internet Service Providers

• Dismissal of products liability action against Italian consumer products manufacturer

• Dismissal of putative class action alleging consumer fraud against major consumer software manufacturer

• Insurance coverage actions

• Injunction against online defamation

• Contract, trade secrets, and restrictive covenants disputes

• Real estate disputes, including hotel owner representation, and sponsor-side and board-side representation in condominium litigation

Tony has extensive experience litigating under the Foreign Sovereign Immunities Act and representing claimants before the Foreign Claims Settlement Commission. He represented American prisoners of war tortured by Iraq during the 1991 Gulf War and civilians taken hostage and tortured during that conflict. These representations included extensive lobbying before Congress and executive branch agencies, and public relations initiatives, including coverage through MSNBC, CNN, The Washington Post, National Law Journal, and The Hill. For over 20 years, Tony has worked in Washington, DC politics, including as a lobbyist, pollster, and campaign strategist.

Tony also represents clients in government investigations and agency compliance matters.

Representative Government Investigations and Compliance Include

• Office of Foreign Assets Control (OFAC) compliance and defense

• Internal investigations

• Clean Water Act compliance and defense

• Representation of off-shore oil and gas drilling companies in BSEE investigations of rig blowouts

• Representation of national third-party in FEC dispute and state-by-state presidential ballot access initiative

Cybersecurity, Cyber Risk & Data Breach

Tony has significant experience acting as data breach counsel to companies in various industries, including health care, retail, manufacturing, financial services, and technology providers. Often working with insurers and TPAs, Tony leads breach response investigations in coordination with the client’s IT personnel and outside digital forensics and e-discovery firms to provide legal advice on issues concerning liability, remediation, and notification to impacted consumers and state and federal authorities.

As part of his cyber-incident response practice, Tony also advises clients on pre-breach preparedness and compliance with cybersecurity obligations, such as under New York Department of Financial Services regulations.

In addition, Tony represents clients in connection with cyber subrogation claims and ransomware attacks, as well as third-party errors and omissions claims arising out of the performance and provision of technology services and products by managed services providers and others.

IP and Technology Counseling

Tony’s IP and technology practice covers multiple disciplines. He is a Certified Information Privacy Professional (CIPP/US) and formerly head of an Internet, New gTLD & Domain Name Services group.

Tony’s practice focuses on:

• Copyright and trademark enforcement and defense

• Brand protection, online enforcement and domain portfolio management

• Cybersecurity compliance, including financial services/banking/insurance compliance with federal and state regulations such as the New York Department of Financial Services Cybersecurity Regulation

• Anti-cyber piracy, cybersquatting, Computer Fraud and Abuse Act, and DMCA anti-circumvention

• Privacy and state data breach laws

• Advertising and consumer protection issues, including FTC compliance

• Spam email and Telephone Consumer Protection Act (TCPA) texting compliance

• Operation of .BRAND and community Top-Level Domain Internet registries

Tony has extensive experience counseling clients on ICANN’s New gTLD program. In 2012, he represented clients accounting for approximately 10% of all New gTLD applications submitted worldwide, including prominent companies in the insurance, Internet, fashion, financial services, software, media, and entertainment sectors. He counsels clients on the New gTLD application process, Internet policy, ICANN issues, and registry development and deployment.