Anthony C. Biagioli
Anthony is counsel in the Litigation and Enforcement group and joined Ropes & Gray in 2009. Anthony represents clients in connection with government investigations and prosecutions, and most extensively focuses on theft of trade secrets, anti-corruption, antitrust, and securities enforcement actions. He also conducts internal investigations and advises on compliance in anticipation of government enforcement.
In addition, Anthony has significant civil litigation experience, including in multidistrict antitrust class action litigation, complex commercial disputes, and his extensive pro bono trial practice representing survivors of domestic abuse in Civil Protection Order, divorce and custody, and related proceedings.
Anthony is an award-winning author. He has won two Burton Awards for Legal Achievement, one in 2015 for an article addressing corporate criminal liability for theft of trade secrets, and another in 2012 for an article addressing the extraterritorial reach of the Sherman Act.
In 2016, 2017, and 2018, Anthony was selected to the Washington, DC Super Lawyers Rising Stars list.
- Represented medical center of major U.S. university in investigation and disclosure to DOJ regarding possible theft of intellectual property by university professor allegedly to benefit Chinese competitor.
- Defended Korean chemical company in U.S. federal grand jury investigation into potential theft of trade secrets. Negotiated favorable Deferred Prosecution Agreement.
- Advised Chinese investment firm regarding acquisition of company facing potential criminal exposure under U.S. trade secrets laws.
- Drafted compliance policies for U.S. and multinational companies, including in China and Korea, addressing respect for third-party trade secrets.
- Coordinating work in support of Independent Compliance Monitor appointed by DOJ and SEC in connection with FCPA settlement.
- Conducted anticipatory, market-wide anti-corruption compliance reviews of foreign subsidiaries for leading global pharmaceutical company.
- Conducted acquisition-related anti-corruption due diligence on dozens of portfolio companies for three global private equity firms.
- Drafted compliance policies for U.S. and multinational companies addressing compliance with global anti-corruption laws.
- Represented multinational company in response to DOJ and SEC investigation into alleged conduct in Brazil.
- Represented global pharmaceutical company in response to DOJ and SEC Foreign Corrupt Practices Act (FCPA) investigations.
- Conducted internal investigations for global pharmaceutical company in response to alleged FCPA violations.
- Conducted internal investigation for global life sciences company in response to alleged FCPA violations.
- Represented telecommunications company in response to multiple Civil Investigative Demands from DOJ’s Antitrust Division.
- Represented global medical device manufacturer in response to SEC subpoena concerning potential insider trading.
- Represented investment advisor in response to SEC inquiry concerning potential insider trading.
- Represented investment advisor in response to multi-agency investigation into allegedly unlawful cross-trading of securities.
- Represented public equity affiliate of leading global asset management firm in response to SEC subpoena concerning potential violations of Rule 105 of Regulation M.
- Defended former federal government employee against federal criminal bribery and related charges.
- Submitted amicus brief to Massachusetts Supreme Judicial Court addressing defendants’ constitutional entitlement to compelled immunity for defense witnesses.
- Secured not guilty verdict on merits as lead trial counsel in misdemeanor assault prosecution in D.C. Superior Court.*
- Represented seven criminal defendants in D.C. Superior Court from arraignment through (if applicable) trial and sentencing, as well as two clients in parole revocation hearings.*
- Represented electronics manufacturer in multidistrict antitrust class action litigation.
- Represented putative class of HIV patients against health insurers discriminating in violation of the Affordable Care Act and Louisiana state law.
- As part of a three-attorney trial team, won contested adoption trial on behalf of prospective adoptive mother against intervening biological father.
- Following contested adoption trial, successfully defended trial judge’s decision at oral argument to DC Court of Appeals.
- Litigated and obtained Civil Protection Order (CPO) on behalf of pregnant domestic violence victim suffering physical abuse and death threats from abusive ex-boyfriend.
- Litigated and obtained CPO on behalf of domestic abuse victim, with full custody of children to victim and no visitation to husband, in case involving domestic violence against client and alleged sexual abuse against children.
- Litigated and obtained CPOs, and litigated and prevailed on motions to extend, modify, and adjudicate contempt, for multiple additional abuse victims.
- Represented investment fund in complex commercial litigation against issuer of senior convertible notes.
- Represented private electronics manufacturer in dispute with investor alleging fraud in connection with an investment.
*Matters completed prior to joining Ropes & Gray.
- Co-author, “U.S. Department of Justice Announces Expanded Criminal Trade Secrets Enforcement Targeting China,” Ropes & Gray Alert (November 6, 2018)
- Co-author, “Deciphering The Scope Of Competing Trade Secret Standards,” Law360 (April 4, 2017)
- Co-author, “Bribery and Corruption Reporting Obligations: China,” Practical Law Global (July 2015) (updated August 2017)
- Co-author, “Trade Secret Traps for the Unwary: Potential Corporate Criminal Liability as U.S. Trade Secrets Enforcement Accelerates,” Bloomberg BNA Corporate Law & Accountability Report (September 12, 2014)
- Co-author, “The Sherman Act’s Criminal Extraterritorial Reach: Unresolved Questions Raised By United States v. AU Optronics Corp.,” Competition Policy International (August 2011)
- Co-author, “Anti-Corruption: Minimizing FCPA Risk on Two Fronts: Through Corporate Policy and Corporate Culture,” Bloomberg Law Reports, (February 2012)
- Co-author, “Restraining liberty before a verdict is in sight,” Global Competition Review (May 2011)
- Contributor, “What Every Private Equity Professional Should Know About the Expanded Scope of Global Anticorruption Enforcement,” The Journal of Private Equity (Fall 2010)
- Co-author, “Dodd-Frank Revives Foreign Litigation Doubts,” Compliance Reporter (July 26, 2010 at 7)
- “Transitions Optical Agrees to Cease Allegedly Monopolistic Conduct in Market for Darkening Treatments for Eyeglass Lenses,” Recent Developments, Health Care and Pharmaceuticals Committee, Antitrust Section, American Bar Association (March 2010)
- Presenter, “Trade Secrets Enforcement Targeting Chinese Companies and Individuals,” Chinese Ministry of Industry and Information Technology Seminar, Beijing, China (November 28, 2018)
- Presenter, “Challenges for Chinese Biopharmaceutical Companies in the Current U.S. Enforcement Environment,” Chinese Biopharmaceutical Association Seminar, Rockville, Maryland (October 27, 2018)