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Alycia A. Ziarno



Alycia Ziarno represents clients in all phases of civil and criminal litigation, including regulatory matters, internal and government investigations and trials involving the U.S. Department of Justice, the Federal Trade Commission and the Securities and Exchange Commission.

What do you focus on?

I focus on representing clients in white collar criminal and antitrust matters. I regularly advocate on behalf of clients with the Federal Trade Commission and Department of Justice. This includes seeking leniency and representing companies and individuals in grand jury proceedings in both domestic and international criminal antitrust matters, seeking clearance of a variety of transactions across many industries, and responding to Civil Investigative Demands issued by federal and state enforcement agencies.

Criminal Representation

I regularly lead global internal corporate investigations and work with the Department of Justice to resolve a wide range of criminal issues. I have extensive experience successfully representing international corporations utilizing the Department of Justice Antitrust Division’s amnesty program, and have coordinated obtaining leniency in jurisdictions around the world. I have represented corporations and individuals in a wide variety of criminal matters including those related to the Foreign Corrupt Practices Act (FCPA), enforcement actions and investigations by the Securities & Exchange Commission (SEC), and those undertaken by a variety of federal and state regulators related to the health care industry.

Transactional Work

As early as the inception of an idea through to government clearance and closing, I routinely counsel and guide corporations through transactions, including analyzing and advising on substantive antitrust issues, coordinating and executing the filing of required merger control notifications in the United States and around the world, and, when necessary, advocating with the Federal Trade Commission and Department of Justice to get the deal done. I have a solid track record of successfully navigating and obtaining clearance of transactions that included requests for additional information (i.e., Second Requests).

Civil Litigation

Federal and state agencies and private plaintiffs can and do often bring civil claims. I have experience responding to federal and state Civil Investigative Demands, and have particular experience representing corporations in follow-on private antitrust litigation flowing from Department of Justice criminal investigations.

Counseling

Preventive measures and careful structuring of activities in sensitive areas are key to avoiding later problems that become costly. I help clients navigate regulatory issues and structure business activities in a way that helps to ensure compliance with the law while allowing them to do what they do best—their business.

What do you see on the horizon?

The legal and regulatory landscape companies face continues to expand and as it does we expect continued aggressive government enforcement in several arenas. Anti-corruption (FCPA) remains a front burner issue for the Department of Justice, as does criminal antitrust cartel enforcement. At the same time, merger activity is increasing, and both the FTC and DOJ are taking hard looks at all mergers—big and small. And, as a consequence of all of that enforcement activity, we expect the private plaintiffs’ bar to continue seeking large monetary returns by filing follow-on civil lawsuits tracking government enforcement actions.

Clerkships

Ms. Ziarno clerked for the Honorable Barry M. Kurren of the United States District Court for the District of Hawaii and the Honorable Michael A. Telesca of the United States District Court for the Western District of New York.

Recent Presentations

  • “Antitrust—Attacks on small mergers, expanding jurisdiction over foreign business, and employers beware,” Nixon Peabody's GC Forum, Bethesda, MD, December 2014
  • “Guiding Your Company Today to Prevent an Antitrust Problem Tomorrow,” Nixon Peabody's Semi-Annual CLE Program, November 2014, Buffalo and Rochester, NY (Panelist)
  • “Drafting Antitrust Complaints and Motions to Dismiss in the Post-Twombly Era,” American Bar Association, Section of Antitrust Law, Washington, DC, May 2008 (Panelist)

Published Opinions

  • The Diamond Center, Inc., v. Leslie's Jewelry Mfg. Corp., 07-cv-708-bbc, United States District Court for the Western District of Wisconsin, 562 F. Supp. 2d 1009; 2008 U.S. Dist. LEXIS 20992, March 17, 2008

Working to keep employees from being poached? Not so fast.

HR Dive | November 05, 2018

Washington DC partner Alycia Ziarno and associate Brian Whittaker, and Boston counsel Ricardo Rauseo-Ricupero, all of the Complex Commercial Disputes practice group, are quoted in this article about their recent webinar detailing key considerations and best practices regarding “no-poach” agreements.

Hart-Scott-Rodino considerations for 2017

Law360 | February 02, 2017

Washington, DC commercial litigation partner Alycia Ziarno and associate Brian Whittaker co-authored this column about the Hart-Scott-Rodino act and what companies and investors should consider in 2017.

Contact

Alycia A. Ziarno

Partner
Deputy Leader, Antitrust

Washington, DC

Phone: 202-585-8265


Fax: 866-723-0387

Syracuse University College of Law, J.D., magna cum laude (Order of the Coif)

Syracuse University, B.S., School of Visual and Performing Arts, magna cum laude

New York

District of Columbia

U.S. District Court, Western District of New York

U.S. District Court, District of Maryland

U.S. Court of Federal Claims

Florida

U.S. Court of Appeals, Sixth Circuit

Alycia Ziarno is a member of the American Bar Association, and a former member of the New York Bar Association and the Rochester Inns of Court. In addition, Alycia Ziarno volunteered for the U.S. Forces Korea Support Unit Family Readiness Program in Hawaii and is a certified senior volunteer resource instructor for the U.S. Army Reserve.

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