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Background

Caroline Simons is a Principal in the Boston office of Fish & Richardson. She serves clients in the areas of white collar defense, internal investigations, cybersecurity, and complex civil litigation.  Ms. Simons strives at the outset to understand her clients’ businesses, circumstances, and objectives, so as to develop strategies that can best achieve their goals.  She has represented clients facing scrutiny by state and federal prosecutors and regulatory agencies, including the Securities and Exchange Commission.  Her experience in white collar criminal defense includes responding to investigatory subpoenas and pre-trial and post-trial matters in the areas of alleged fraud against the United States, securities fraud, pay-to-play violations, Foreign Corrupt Practices Act, and public corruption.  Ms. Simons also has experience conducting intensive internal investigations on behalf of organizations in both the public and private sectors when clients suspect fraud, misuse of funds, anticompetitive conduct, theft of trade secrets, or other misconduct.  Working closely with her clients, she reports to boards and audit committees as needed and advises them on litigation and/or follow-on crisis management, helping her clients to fight back, recover, and move on.  

In the cybersecurity field, Ms. Simons has represented companies who have been the victims of cyberattacks, such as exfiltration of data, spoofing, and ransomware.  She has also advised technology and cybersecurity companies on compliance with evolving statutes and regulatory guidance, such as the Cybersecurity Information Sharing Act, the Computer Fraud and Abuse Act, the Economic Espionage Act, the Electronic Communications Privacy Act and the Stored Communications Act.  In addition to helping them meet industry-specific standards of care in cybersecurity, Ms. Simons works with companies to design and implement comprehensive information security and cyber policies to help them protect their intellectual property and other sensitive or proprietary business data from insider and outsider threats.  

Ms. Simons has significant experience litigating complex commercial disputes and appeals.  She has litigated state and federal matters involving trade secret misappropriation, administrative law, and corporate governance issues, including shareholder disputes, breach of contract claims, and claims for breaches of fiduciary duty.  Ms. Simons also maintains an active pro bono practice. She has drafted amicus briefs for the U.S. Supreme Court, worked on prisoner’s rights cases, and currently represents children in asylum proceedings in conjunction with Kids In Need of Defense (KIND). In 2013-14, Ms. Simons was selected to serve in the Boston Bar Association’s Public Interest Leadership Program.

Education

J.D., Columbia University Law School 2008
Journal of Transnational Law, Head Notes Editor​​
 


A.B., Harvard University 2004
Government
cum laude

Admissions

  • New York 2009
  • Massachusetts 2011
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit

Languages

  • English
  • Cantonese Chinese

Memberships & Affiliations

American Bar Association; Boston Bar Association

Other Distinctions

Her publication titled, “The Reinvigorated Confrontation Clause: A New Basis to Challenge the Admission of Evidence from Nontestify Forensic Experts in White Collar Prosecutions", co-authored with Thomas Frongillo, received the IADC 2015 George W. Yancey Memorial Award.

Selected Publications

Short-Sellers Partnering with Hackers: Exploiting Cybersecurity Fears for Short-Term Profit​, Fish Litigation Blog, August 2016. 

The Interplay of the Defend Trade Secrets Act, Inevitable Disclosure, and Non-Competes, Fish Litigation Blog, August 2016. 

5 Ways to Defend Against Ransomware, Fish Litigation Blog, May 2016.

Yet Another Revision of the Justice Department’s Requirements for Corporations to Obtain Cooperation Credit in Criminal Investigations, with Gus Coldebella, Thomas Frongillo, and Ariel Raphael. Fish Litigation Blog, November 2015.

Where Cybersecurity Meets Corporate Securities:  The SEC’s Push to Regulate Public Companies’ Cyber Defenses and Disclosures, Navigating the Digital Age:  The Definitive Cybersecurity Guide for Directors and Officers with Gus Coldebella (Caxton Business & Legal, Inc.), October 2015.

The SEC’s Gambit in Peixoto Backfires: the Commission Is Forced to Dismiss its Administrative Case Against Peixoto Following Newman Decision, with Thomas Frongillo. Fish Litigation Blog, December 2014.

SEC looks to Tackle Insider Trading on its Home Field – Defense Bar Claims Unnecessary Roughness, with Thomas Frongillo and Ariel Raphael. Fish Litigation Blog, December 2014.

The Reinvigorated Confrontation Clause: A New Basis to Challenge the Admission of Evidence from Nontestify Forensic Experts in White Collar Prosecutions, with Thomas Frongillo, Matthew Knowles, and Jacklyn Essinger. The Champion, April 2013.

FCPA: Minefield for Drug and Device Industries, with Caroline Simons. New England In-House, September 2012.

Recent Amendments to the U.S. Sentencing Guidelines for Effective Compliance and Ethics Programs, with Thomas Frongillo and Lisa EskowIADC’s White Collar Defense & Investigations Committee Newsletter, August 2010.

New Sentencing Guidelines for Corporate Defendants, with Thomas Frongillo and Lisa Eskow. The Harvard Law School Forum on Corporate Governance and Financial Regulation, July 2010.

Speaking Engagements 

Confidential Information and Cybersecurity for Law Firms, Moderator, Federal Circuit Bar Association Bench & Bar Conference (June 23, 2016)
 
Beyond the Basics:  Understanding and Maximizing Enforcement of Your Trade Secrets in the Global Age​, with Thomas Frongillo and Natalie Arbaugh, a Fish INSIGHTS webinar (May 18, 2016)​
 
LEAD Dallas Retreat, Cybersecurity Panel with Gus Coldebella (May 13, 2016)

What's trending with Caroline

Filter by
Fish Litigation Blog
August 29, 2016
Short-Sellers Partnering with Hackers: Exploiting Cybersecurity Fears for Short-Term Profit
Short-Sellers Partnering with Hackers: Exploiting Cybersecurity Fears for Short-Term Profit
Author: Caroline K. Simons
Cybersecurity
Fish Litigation Blog
August 25, 2016
The Interplay of the Defend Trade Secrets Act, Inevitable Disclosure, and Non-Competes
The Interplay of the Defend Trade Secrets Act, Inevitable Disclosure, and Non-Competes
Author: Caroline K. Simons
Commercial Litigation
Fish Litigation Blog
May 18, 2016
5 Ways to Defend Against Ransomware
Data Breach Liability
Author: Caroline K. Simons
News
January 19, 2016
Fish & Richardson Elevates 14 Attorneys to Principal
Press Releases
Fish Litigation Blog
November 20, 2015
Yet Another Revision of the Justice Department's Requirements for Corporations to Obtain Cooperation Credit in Criminal Investigations
Yet Another Revision of the Justice Department's Requirements for Corporations to Obtain Cooperation Credit in Criminal Investigations
Authors: Gus P. Coldebella, Ariel Raphael, Caroline K. Simons, Thomas C. Frongillo
Commercial Litigation
White Collar
Fish Litigation Blog
October 6, 2015
High Court Declines Certiorari Petition in U.S. v. Newman
High Court Declines Certiorari Petition in <i>U.S. v. Newman</i>
Authors: Gus P. Coldebella, Ariel Raphael, Caroline K. Simons, Thomas C. Frongillo
White Collar
Fish Litigation Blog
December 22, 2014
The SEC’s Gambit in Peixoto Backfires: The Commission Is Forced To Dismiss Its Administrative Case Against Peixoto Following Newman Decision
The SEC’s Gambit in Peixoto Backfires:  The Commission Is Forced To Dismiss Its Administrative Case Against Peixoto Following Newman Decision
Authors: Caroline K. Simons, Thomas C. Frongillo
White Collar
Fish Litigation Blog
December 5, 2014
SEC Looks to Tackle Insider Trading on its Home Field – Defense Bar Claims Unnecessary Roughness
Authors: Ariel Raphael, Caroline K. Simons, Thomas C. Frongillo
White Collar
News
August 6, 2013
A tool for white collar practitioners: Supreme Court trilogy breathes new life into Confrontation Clause defense
Articles
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