T. Stephen Jenkins is an associate of Pepper Hamilton LLP, resident in the Philadelphia office. Mr. Jenkins’ practice includes a range of commercial litigation, including antitrust, director/officer liability, unfair competition and electronic discovery. He is a member of the Antitrust Section in the Commercial Litigation Practice Group, and the Privacy, Security and Data Protection, and Non Compete and Trade Secrets practices.
Mr. Jenkins’ representative engagements include:
Privacy, Security and Data Protection
- representation of an Internet data privacy company concerning claims brought against the company under the Electronic Funds Transfer Act and Electronic Communications Privacy Act
- counseling of a medical industry client on compliance with EFTA and regulations involving authorization for credit/debit card payments in connection to electronic fund transfer services
- representation of an automated clearinghouse processor in response to a Consumer Financial Protection Bureau civil investigative demand involving allegations of engaging in unauthorized transactions and other consumer law violations
- litigation and defense strategy assessment for an international manufacturer in case involving alleged hacking and breach of manufacturer warranty for class action brought under the laws of all 50 states.
Compliance and Internal Investigations
- designing the protocol for internal investigation of a large private European company to identify violations of FCPA and OFAC in connection with the signing of a compliance certification and creation of a company
- conducting an internal investigation in preparation for 10-K filing for a public financial services company involving allegations of securities laws violations; the investigation was completed on an expedited timeline
- defending a municipality against qui tam action alleging false certifications and misuse of federal funds in violation of False Claims Act
- responding to a third-party subpoena involving allegations of violations of food and drug laws and regulations, providing advice on forestalling agency investigation.
Antitrust and Unfair Competition
- representation of a national franchiser in an antitrust dispute involving overcharges and multilevel price-fixing conspiracy in violation of the Sherman Act
- representation of international manufacturers in an antitrust dispute involving allegations of price-fixing, overcharges, and agreements to restrain trade in violation of the Sherman Act
- representation of an internationally recognized apparel company in an unfair competition dispute involving unlicensed distribution of counterfeit goods and trademark infringement
- advising a finance firm in connection to pending deals requiring an assessment of litigation involving allegations of fraud in establishment of a REIT and misappropriation of trade secrets in establishment of a technology services company.
Complex Commercial Litigation and Pro Bono
- representation of a global provider of clinical services and medical devices and its board of directors in multiple class actions brought by shareholders seeking to enjoin acquisition of the company, requiring targeted document collection and expedited managed offsite document review
- advising multiple companies receiving third-party subpoenas, including helping to protect privileged and confidential information during a federal agency investigation
- serving as lead counsel for a pro bono client in seeking to enjoin the enforcement of an unconstitutional local ordinance; in addition to overturning the ordinance, we secured a half-million dollar settlement.
Mr. Jenkins has authored “‘Holy Secret Recipe, Batman!’: Superheroes, the Misappropriation of Trade Secrets, and Economic Espionage,” for the legal blog, Law and the Multiverse along with several other articles in the privacy and competition space.
In addition to his legal practice, Mr. Jenkins is a member of the International Association of Privacy Professionals. Mr. Jenkins also is a member of the firm’s Diversity Liaison Committee and Summer Associate Committee, as well as a former co-chair of the Internal and External Networking Committee of Pepper’s African American/Black Affinity Group.
Mr. Jenkins received his B.A., magna cum laude with distinction, in philosophy and psychology from Boston University in 2008. In 2011, he received his J.D. from University of Pennsylvania Law School, where he was a senior editor of the Journal of Business Law, and a board member of several student groups.
Mr. Jenkins is admitted to practice in Pennsylvania and New Jersey and before the U.S. District Courts for the Eastern District of Pennsylvania and the District of New Jersey.