Insights and Analysis
AI-washing – when AI hype becomes a litigation risk
Jennifer Fleury
Partner Global Regulatory
Most recently, Jenny served as Deputy Chief Trial Counsel for the Federal Trade Commission’s Bureau of Competition, where she led some of the agency’s most high-profile enforcement actions. She was lead counsel in the FTC’s successful challenge to IQVIA’s acquisition of a programmatic advertising tech company. She served in leadership roles on multiple other high-profile trial teams, including key roles in Krogers/Albertsons and Microsoft/Activision. In her role as Deputy Chief Trial Counsel, she helped oversee the Bureau of Competition’s litigation docket, supervised trial teams, advised FTC Commissioners and senior management on litigation risk, and developed strategies for merger and conduct cases across industries. Before her experience in a leadership role at the FTC, Jennifer was a Trial Attorney for the Department of Justice.
At Hogan Lovells, Jenny defends companies in antitrust class actions, multi-district litigation, and government investigations before the DOJ and the FTC involving allegations of information exchange and price-fixing conspiracies, as well as in merger challenges and competitor disputes. Jennifer’s extensive background and experience in regulatory litigation extends to consumer protection and securities fraud investigations.
Jennifer is committed to pro bono work, ranging from working with the Innocence Project on behalf of death row inmates to bringing Establishment Clause claims against government agencies.
Early in her career, Jennifer served as a law clerk to the Honorable Raymond P. Moore of the U.S. District court for the District of Colorado.
Regularly advise IBM in antitrust / competition issues in front of DOJ and FTC related to transactions, including most recently the acquisition of HashiCorp and Confluent.
Secured a sweeping preliminary injunction for Cumulus Media against Nielsen after an expedited evidentiary hearing, with the court finding a strong likelihood of success and irreparable harm.
Advised real estate client on antitrust, competition, and consumer protection issues in front of the DOJ related to algorithmic price fixing.
Representing Celonis in landmark action against SAP, obtaining injunctive relief to preserve customer access to enterprise data, in a case with implications for AI innovation and digital competition.
Representing Blue Cross/Blue Shield in defense of antitrust lawsuit alleging unlawful tying and/or bundling of stop loss insurance and TPA services.