Enbar Toledano

Won dismissal of an antitrust lawsuit accusing three broadcast companies of engaging in a price-fixing conspiracy in connection with retransmission consent fee negotiations. (DIRECTV, LLC v. Nexstar Media Group, Inc. et al. (S.D.N.Y.)). Won dismissal of a putative class-action privacy lawsuit against a data broker accused of collecting and selling geolocation data from mobile device applications without consent. (E.D. Va.). Won dismissal with prejudice of a False Claims Act (qui tam) complaint against a medical device manufacturer accused of violating the Anti-Kickback Statute. (U.S. ex rel. Stevens v. AtriCure, Inc. (S.D. Ohio)). Successfully represented a lobbying firm in a high-profile Computer Fraud and Abuse Act (CFAA) and civil RICO case concerning an alleged international conspiracy to hack into a politico’s computer and disseminate materials to the press. (Broidy Capital Management et al. v. Muzin et al. (D.D.C.)). Won dismissal of a putative class-action PSLRA lawsuit accusing a government contractor and three executives of engaging in securities fraud in violation of SEC Rule 10b-5. (E.D. Va.). Won dismissal of a breach-of-contract and securities lawsuit filed against a fuel cell manufacturer accused of failing to remove restrictive legends from stock certificates, preventing the plaintiff from selling its shares. (POSCO Energy Co. v. FuelCell Energy, Inc. (S.D.N.Y.)).

Won three jury trials on behalf of a multinational pharmaceutical corporation defending against failure-to-warn and design-defect claims in a multi-district litigation. (In re Xarelto (Rivaroxaban) Products Liability Litigation (MDL)). Won a jury trial on behalf of a vitamin supplement manufacturer in a false-advertising class-action lawsuit. (Farar et al v. Bayer AG et al. (N.D. Cal.)). Represented a leading health insurer in a commercial arbitration relating to breach-of-contract claims. (AAA Arbitration)

Successfully briefed and argued a Federal Circuit appeal involving the scope of an antidumping duty order, securing reversal of lower court decisions and reinstatement of a favorable determination by the U.S. Department of Commerce. (Worldwide Door Components, Inc. v. U.S. (Fed. Cir.)). Successfully briefed a Fourth Circuit appeal, affirming the dismissal of a putative class-action lawsuit accusing a government contractor and three executives of securities fraud. (4th Cir.). Successfully defended a pharmaceutical executive in an appeal from collateral consequences imposed under the Responsible Corporate Officer (RCO) doctrine, with an opening brief that prompted favorable resolution with the FDA. (D.C. Cir.). Represent numerous domestic industries before the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit in appeals from antidumping and countervailing duties/trade remedies proceedings.

Defended, and negotiated a favorable resolution on behalf of, an executive of a publicly traded company accused of insider trading by the SEC. (E.D. Va.). Successfully defended a U.S. Senator accused of insider trading on COVID-related congressional briefings, with an opening brief that prompted voluntary dismissal by the plaintiff. (N.D. Ga.). Conducted the internal investigation of an international sports governing body in connection with bribery and corruption investigations by the U.S. Department of Justice (DOJ) and the Office of the Attorney General of Switzerland. “External Advisors Investigate FIFA Corruption Culture.”

On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand where e-commerce platforms can be subject to courts’ specific personal jurisdiction, particularly in privacy-related cases in that Circuit. In an outlier opinion, the court departed from courts’ historical reluctance to broadly find personal jurisdiction in cases involving products and/or services offered nationwide, particularly in scenarios where at-issue products or services only “enter” a jurisdiction as the result of a consumer’s unilateral actions.

In a landmark decision on June 28, 2024, the U.S. Supreme Court issued a 6-3 opinion in Loper Bright Enterprises et al. v. Raimondo (Loper Bright), overturning the four-decades-old deference doctrine established in Chevron USA Inc. v. NRDC. The majority opinion was written by Chief Justice Roberts, with a concurrence by Justice Gorsuch and a dissent from Justice Kagan, joined by Justice Sotomayor and Justice Jackson.

Washington, DC - Wiley is pleased to announce the election of new partners – Jacqueline F. “Lyn” Brown, Ashley L. Criss, Rebecca J. Fiebig, J. Ryan Frazee, Elizabeth S. Lee, George E. Petel, Pamela L. Signorello, and Enbar Toledano – effective January 1, 2025. Additionally, the firm has promoted Morgan L. Chinoy, Joseph W. Gross, and Frank Scaduto to of counsel, and Nur Ibrahim to special counsel.