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Caroline Simons

Partner

Boston

New York

Caroline Simons is a litigator who defends technology companies in their most important fights involving data and online safety. Drawing on her interdisciplinary experience, Caroline guides clients through crises and high-stakes litigation while helping them keep pace with the dynamic regulatory environment.

Tech and consumer-facing clients – from early-stage startups to some of the most recognizable online companies – turn to Caroline to protect their IP, brand, and reputation in litigation. Her expertise includes the fast-evolving areas of Section 230 of the Communications Decency Act and online safety, cybersecurity & data privacy litigation. In the past year, she has litigated more than 60 cases related to platform immunity and she is currently lead counsel in dozens of cases for one of the world's largest tech companies on claims challenging myriad aspects of its online services, including content moderation and product design.

A partner to her clients in crisis management, Caroline also advises them in cyber incident response, government and internal investigations and enforcement actions. Her experience at the intersection of online safety, IP and white-collar litigation gives her breadth of perspective and allows her to work with her clients to problem-solve and effectively manage enterprise risk. Clients appreciate Caroline's ability to collaborate with witnesses, company stakeholders and factfinders – both inside and outside the courtroom – to achieve meaningful results.

Caroline maintains an active pro bono practice, representing clients in Hague proceedings as well as children and refugees in asylum proceedings in conjunction with the Political Asylum / Immigration Representation (PAIR) Project. She has drafted amicus briefs in cases pending before the U.S. Supreme Court and U.S. Circuit Courts of Appeals in the areas of technology, criminal justice, and reproductive rights.

  • Online Safety / Section 230

    • Representing leading technology companies in cases involving challenges to its content moderation practices, product design, online safety, and Terms of Service/Terms of Use, including claims alleging:
      • Addictive or defective/harmful designs of social media or apps, including to minors
      • Offline physical, mental, and emotional harms as a result of publication of content online
      • Hacking and account takeovers
      • Frauds and scams
      • Revenge porn, doxxing, harassment, stalking
      • Rights of publicity / false light / invasion of privacy
      • CSAM and human trafficking
      • Disinformation or misinformation, censorship, or improper content moderation, including alleged First Amendment violations
      • Unfair and deceptive trade practices arising from design, disclosures, or content

    Cybersecurity & Data Privacy

    • Representing companies in tech, retail, fintech, and hospitality in data privacy cases arising from the use of pixels, session replay, and chatbots on consumer-facing websites.
    • Representing companies in the tech and gaming spaces in data breach class action suits.
    • Represented financial services company in successive security breaches implicating vendor controls.
    • Represented travel and transportation company in network intrusion.
    • Represented leading education technology company and conducted incident post-mortem investigation to assess and develop operational resiliency.
    • Represented leading online grocer in copyright and CFAA litigation regarding allegations of data-scraping images from a consumer-facing website.

    Intellectual Property

    • Defended education technology company and former employees against allegations of trade secrets misappropriation. Settled favorably before the preliminary injunction hearing after conducting a swift forensic investigation.
    • Represented leading materials company Teknor Apex against allegations of trade secrets misappropriation following a failed joint venture. Settled favorably following the first, key 30(b)(6) deposition of an adversary.
    • Represented Mahindra & Mahindra Ltd. and Mahindra Automotive North America at trial in a trademark and trade dress litigation parallel proceeding before the International Trade Commission and a federal district court.
    • Represented emerging life sciences company in ultra-rare disease space in suit alleging trade secret misappropriation.
    • Represented drone technology company in investigation and dispute with departing engineer with respect to trade secret misappropriation.
    • Counseled sports technology company with respect to suspected trade secret misappropriation and copyright violations stemming from failed joint venture.
    • Counseled and conducted investigation for search engine companies with respect to suspected trade secret misappropriation and Computer Fraud and Abuse Act violations by a former partner.
    • Represented manufacturer of solar panels in an offensive trade secret misappropriation case brought under Mass. Gen. Laws ch. 93A, obtaining judgment awarding treble damages under a lost profits theory and attorney’s fees, permanent injunction, and a 5-year production injunction. Judgment upheld in full by the Massachusetts Appeals Court.

    Anti-Corruption and Fraud

    • Represented client charged with attempted Hobbs Act extortion at trial; obtained acquittal after 1.5 hour jury deliberation.
    • Successfully represented attorneys under federal investigation for conspiracy to defraud the United States; USAO declined to prosecute.
    • Conducted internal investigation on behalf of a state university regarding misuse of public funds by its President, leading to his resignation. Attorney General's Office subsequently filed suit against the individual to recover state funds.

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