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Amy Gordon

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Amy Gordon is an associate in the Litigation Department and a member of the Mass Torts & Product Liability, Privacy & Cybersecurity and White Collar Defense & Investigations groups. Her practice encompasses a range of complex civil and commercial litigation matters across a range of industries, including financial services, consumer products and telecommunications. Amy has also advised clients across industries on economic sanctions and asset forfeiture related issues.

Amy has experience with various stages of litigation, including taking and defending depositions, briefing dispositive and discovery motions, coordinating discovery and preparing witnesses for depositions and trial.

Amy maintains an active pro bono practice, including representing clients in litigation to improve housing conditions. In addition, she undertook a five-month secondment while at the Firm, where she worked for the City of New York in the General Litigation Unit.

Amy earned her J.D. from the University of Texas School of Law, where she was a Cybersecurity Graduate Fellow and served as Chief Notes Editor for The Review of Litigation. During law school, Amy interned for the Honorable Nicholas G. Garaufis in the United States District Court for the Eastern District of New York.

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This year has seen a tremendous spike in the number of cases alleging violations of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710, a statute enacted in 1988 in response to the Washington City Paper’s publication of a list of films that then-Supreme Court nominee Robert Bork had rented from a video store. The statute was originally intended to “allow[] consumers to maintain control over personal information divulged and generated in exchange for receiving services from video tape service providers.”

Antitrust and tech is in the legal news almost daily, and often multiple times a day.  Here are a few recent developments with notable implications that may have flown under the radar: 1) renewed focus on gig economy issues; 2) potential enforcement efforts regarding director overlaps; and 3) challenges to MFN pricing. 

Last month, the FTC issued a report to Congress advising governments and companies to exercise “great caution” in using artificial intelligence (“AI”) to combat harmful online content.  The report responds to Congress’s request to look into whether and how AI may be used to identify, remove, or otherwise address a wide variety of specified “online harms.”  Among the “harms” covered by Congress’s request were impersonation scams, fake reviews and accounts, deepfakes, illegal drug sales, revenge pornography, hate crimes, online harassment and cyberstalking, and misinformation campaigns aimed at influencing elections.

In 1984, the Supreme Court ruled unanimously that courts must defer to an administrative agency’s reasonable interpretation of an ambiguous statute. But last year, the Supreme Court stripped the FTC of its ability to seek equitable monetary remedies such as disgorgement or restitution. And a couple weeks ago, the Supreme Court dismantled the Occupational Safety and Health Administration’s (“OSHA”) vaccine mandate, with Justice Gorsuch writing that the decision prevents OSHA from becoming a “roving commission to inquire into evils and upon discovery correct them.” The Supreme Court may be positioning itself to say something similar about the FTC.