Experience

A selection of recent experience includes representing:

Antitrust 

• A national title insurance company in an antitrust enforcement action by the New York State AG, Antitrust Division related to employment practices, negotiating a favorable resolution with no criminal plea or admission of wrongdoing.
• A multinational insurance company on environmental, social, and governance (ESG) competition issues, including anti-ESG efforts by state attorneys general based on antitrust theories in particular. 
• Fairfax County Public Schools in connection with several antitrust investigations initiated by the Virginia AG related to admissions policies, notification of students regarding merit commendations, and access to college preparation programs.  
• A leading multinational poultry producer in relation to non-public AG investigations in Florida, Louisiana, Washington, Alaska, and New Mexico concerning alleged price-fixing, resolving the investigations in Florida and Louisiana without follow-on litigations. 
• AptarGroup, Inc. in successfully resolving an investigation by the FTC and certain state attorneys general of contract provisions that were alleged to inhibit potential competition. 
• A multinational food processing and distribution company in an investigation by the New York AG regarding alleged price-fixing and supply reduction in the egg industry. 
• A multinational telecommunications company in responding to third-party subpoenas from multiple state enforcers regarding In re Google Play Store Antitrust Litigation.

Consumer Protection

• A major food delivery company in litigation brought by the City of Chicago and investigations by the District of Columbia and the Commonwealth of Pennsylvania Attorneys General in conjunction with alleged consumer protection violations regarding certain fees and taxes charged on deliveries, as well as menu pricing and delivery range policies.
• A major food delivery company in responding to a Los Angeles County investigation regarding an alleged violation of California’s Unfair Competition and False Advertising Laws. 
• A leading sunscreen company in connection with a subpoena issued on behalf of the County of Santa Clara Office of the District Attorney regarding advertising claims.

Environmental 

• Clients in litigating environmental cases, particularly against California where we have litigated several cases against the California AG’s office, including representing multiple vitamin manufacturers in a Proposition 65 lawsuit brought by the California Attorney General and six district attorneys.
• A medical device sterilization company whose operations were halted by an order from the Illinois Environmental Protection Agency. Our representation included taking aggressive steps to show the invalidity of the order, ultimately resulting in a negotiated consent order that would have allowed the company to resume operations over significant objection from elected officials. 
• A food production client in a five-month trial against the Oklahoma AG’s office over an alleged nuisance from their facilities.
• An American designer and manufacturer of diesel engines, electric vehicle components, and power generation products in reaching civil settlements to resolve U.S. regulatory claims alleging undisclosed auxiliary emissions control devices and alleging defeat devices in pickup truck applications, including representation before the California Attorney General’s Office, the California Air Resources Board, the DOJ, and the EPA.
• A specialty chemical manufacturer in hundreds of investigations and lawsuits by state AGs and private parties over PFAS. 
• A Fortune 100 financial institution against a string of fraud investigations launched by state attorneys’ general offices, U.S. Attorneys’ offices, and other authorities. 

Privacy and Cybersecurity 

• One of the nation’s most recognizable luxury retailers in numerous state, federal, and congressional investigations, including a multistate investigation by over 40 state attorneys general, as well as class action litigation, relating to a data breach at the retailer allegedly affecting the financial and personal information of millions of customers. We obtained favorable outcomes for the client in all investigations and the litigation and represented the client in its testimony before two congressional and several state legislative hearings.
• A leading “rich-media” Internet advertising company in multi-district litigation regarding alleged circumvention of Safari browser privacy settings to enable subsequent online tracking. The team also handled related congressional inquiries, as well as non-public discussions with certain regulators. Sidley successfully briefed dismissal and then negotiated a highly favorable class action and state attorney general settlement for our client.
• One of the country’s most significant financial services firms with the sophisticated hacking of its network affecting approximately 4.5 million customers. We worked with the company and the FBI to assess the origin, scope, severity, and length of compromise to the system, and helped the client to prepare and submit notifications to affected individuals and reports to state attorneys general and government agencies, and to develop appropriate responses to media requests and government investigators. This matter is considered to be one of the most high-profile cybercrimes in U.S. history, revealing a large criminal network of organized hackers in several foreign jurisdictions likely responsible for the incident.

Regulatory Litigation

• Norfolk Southern before the Supreme Court of Virginia in its challenge to the constitutionality of a recently enacted statute that allowed private, for-profit broadband service providers to take and permanently occupy railroad property with minimal or no compensation.
• Clear Channel Outdoor in a number of state and local enforcement-related actions, including:
  
  • Obtained a permanent injunction in a constitutional challenge to the City of New Rochelle’s attempt to force the removal of valuable advertising inventory to make way for a competitor’s billboards.
  • Challenging the D.C. Department of Transportation’s refusal to grant force majeure relief during COVID-19 under a contract for the operation of 800 bus shelters.
• The National Association of Convenience Stores in a challenge to regulations recently adopted by the State of Minnesota limiting carbon-dioxide emissions from new motor vehicles and mandating the sale of zero-emission vehicles. 
• A railroad company in a takings lawsuit against the Alameda County Transportation Commission, challenging the county’s plan to acquire, by eminent domain, part of our client’s railyard and a loading facility in the Port of Oakland.
• Pacific Auto Recycling Center in obtaining a petition for writ of mandate from the Los Angeles Superior Court against the California Department of Toxic Substances. 
• Four major American investor-owned utility corporations in a climate change suit in which several states, the City of New York, and land trusts brought suit against these four utilities and the Tennessee Valley Authority, seeking injunctive relief requiring the defendants to reduce their CO2 emissions.

White Collar Investigations and Defense

• A Fortune 500 healthcare company in all government investigations and class action litigation, including a multistate investigation by over 40 state attorneys general, relating to a data security breach at one of its subcontractors that potentially compromised the personal information of millions of patients. 
• A Fortune 50 U.S. retailer in a False Claims Act investigation by the New York Attorney General, a false advertising investigation by the California Attorney General, and healthcare-related fraud investigations by the Alaska, Massachusetts, and Minnesota Attorneys General. 
• A Fortune 500 healthcare company in separate False Claims Act investigations by the Michigan and New York Attorneys General into alleged Medicaid-related fraud. 
• A global transportation company in a criminal bribery and civil fraud investigation by the New York Attorney General and the New York and New Jersey Port Authority Inspector General’s Office.  
• One of the world’s largest financial institutions in False Claims Act lawsuits in New York, Illinois, California, New Jersey, and Massachusetts relating to its role in setting interest rates on municipal bonds. 
• Another of the world’s largest financial institutions before over 250 different U.S. Attorneys’ offices, state attorneys’ general offices, and other federal, state, and local authorities related to fraud perpetrated against government aid programs during the COVID-19 pandemic; including handling responses to over 9,000 grand jury and administrative subpoenas, search and seizure warrants, and other requests from such authorities. 
• A major retirement services company in an investigation by the New York Department of Financial Services into the company’s insurance business. 
• An executive at a publicly traded company in a New York State Attorney General investigation related to an insider trading investigation involving material non-public information in connection with a business initiative and certain options grants. 
• A telecommunications provider in securing a declination in a qui tam lawsuit filed in California alleging the company failed to return funds to a host of government agencies and, instead, escheated the funds to the State of California.
• A school district in connection with several investigations initiated by the Virginia Attorney General, related to admissions policies, notification of students regarding merit commendations, and access to college preparation programs. Sidley also provided guidance to the district concerning related litigation with private parties and a separate inquiry from the Virginia Department of Education. Sidley defended the district in an action filed by the Virginia AG seeking to set aside the district’s attorney-client privilege pertaining to an internal investigative report commissioned by the district and prepared by a separate law firm.