Darcy M. Brosky
Darcy is a member of the Antitrust, Competition & Trade Regulation and the White Collar Criminal Practice, Internal Investigations & Government Enforcement practice groups. She focuses her practice on litigating unfair competition, intellectual property, trade secret misappropriation, distribution, antitrust matters and white collar criminal litigation and providing advice and guidance to clients concerning distribution and antitrust and unfair competition issues. Darcy has also drafted numerous agreements related to product distribution in the United States and internationally.
Darcy has obtained the Certified Information Privacy Professional/United States (CIPP/U.S.) credential from the International Association of Privacy Professionals (IAPP). She regularly counsels clients regarding various privacy issues.
- Represented manufacturers in actions brought by dealers, and sales representatives alleging violations of the Wisconsin Fair Dealership Law, the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act and the Texas equipment dealer statute.
- Drafted and advised on the terms of dealer, distributor, sales representative and other product distribution or supply arrangements for clients engaged in the manufacture or supply of welding equipment, outdoor power equipment and material handling equipment.
- Provided guidance to manufacturing clients on termination or appointment of dealers and distributors in the United States and internationally.
- Advised manufacturing clients on international distribution issues, including compliance with the Foreign Corrupt Practices Act and foreign laws prohibiting bribery and corruption in connection with the sale of goods.
- Advised manufacturing clients on the legality of product distribution restraints under state and federal antitrust laws and European Union competition law.
- Defended a manufacturer of flooring compounds for commercial construction applications against counterclaims alleging secondary-line price discrimination under the Robinson-Patman Act.
- Represented a manufacturer of electronic key duplication equipment in an action alleging monopolization and attempted monopolization of key duplication equipment in Big Box retail stores.
White Collar Crime
- Secured a $3.3 million judgment against a former general manager of a division of a Fortune 500 motion control equipment manufacturer in an intricate employee embezzlement case involving the theft of more than $400,000 in company funds.
- Won jury verdict acquittal of a general manager of an international construction company in federal corruption prosecution. Client was the only person acquitted of all charges arising from involvement in the Cuyahoga County corruption scandal.
- Defended a mechanical contracting company and its president in a bribery investigation arising from an award of United States Post Office construction contracts and obtained a downward departure from federal sentencing guidelines to a sentence of probation.
- Secured immunity under company's plea for executive suspected of participating in international price fixing conspiracy.
- Drafted and reviewed online terms and conditions, and privacy policies.
- Advised clients regarding compliance with E-Sign Act, COPPA, FEPR and other privacy legislation.
- Counseled clients seeking to transfer data stored in the EU to locations in the United States.
- Responded to data privacy breaches that involved the compromised data of residents throughout the United States.
- “Canada’s New Data Breach Law Creates Unique Obligations for Businesses,” Thompson Hine Privacy & Cybersecurity Update, November 2018
- “Preparing for Ohio’s Cybersecurity Safe Harbor Law,” Thompson Hine Privacy & Cybersecurity Update, October 2018
- “California Becomes First State to Regulate Internet-Connected Devices,” Thompson Hine Privacy & Cybersecurity Update, October 2018
- “Amendments to California Privacy Law Will Impact Businesses,” Thompson Hine Privacy & Cybersecurity Update, October 2018
- “California Expands Consumer Privacy Protections,” Thompson Hine Privacy & Cybersecurity Update, July 2018
- “CEA Report: Cost of Malicious Cyber Activity to the U.S. Economy,” Thompson Hine Privacy & Cybersecurity Update, February 2018
- “EU-U.S. Privacy Shield Review Confirms Adequacy and Suggests Improvements,” Thompson Hine Privacy & Cybersecurity Update, October 2017
- “Cybersecurity Commission Report Encourages Immediate Action, Collaboration,” Thompson Hine Privacy & Cybersecurity Update, December 2016
- “European Commission Adopts EU-U.S. Privacy Shield,” Thompson Hine Privacy & Cybersecurity Update, July 2016
- “European Commission Publishes EU-U.S. Privacy Shield Legal Texts,” Thompson Hine Privacy & Cybersecurity Update, March 2016
- “U.S. and EU Agree on New Framework to Replace Safe Harbor,” Thompson Hine Privacy & Cybersecurity Update, February 2016
- “EU Court: Employee Email Monitoring May Not Breach Privacy Rights,” Thompson Hine Privacy & Cybersecurity Update, January 2016
- “Enhanced EU Data Protection Regulations,” Thompson Hine Privacy & Cybersecurity Update, December 2015
- “EU/U.S. Safe Harbor Framework in Jeopardy: Article 29 Working Party Statement on ECJ Case,” Thompson Hine Privacy & Cybersecurity Update, October 2015
- “Court Decision Imperils Privacy Safe Harbor,” Thompson Hine Privacy & Cybersecurity Update, October 2015
- “When Does Social Media Use Create a Product Endorsement?,” Thompson Hine Business Litigation Update, July 2014
- “European Union Imposes Extraterritorial Privacy Obligations on U.S. Businesses,” Thompson Hine Privacy & Information Security Update, May 2014
- “Canada’s New Anti-Spam Law – Is Your Business Ready?,” Thompson Hine Privacy & Information Security Update, May 2014
- “New California Law Requires Tracking Transparency,” Thompson Hine Privacy & Information Security Update, March 2014
- Author/editor, "Antitrust Law Development (Sixth), 2010 Annual Review," American Bar Association, 2011
- 3R's Program, volunteer
- Legal Aid Brief Advice Clinics
- Pro Bono Counsel
- American Bar Association, Antitrust Section
- Ohio State Bar Association
- Cleveland Bar Association
- International Association of Privacy Professionals (IAPP)