Enbar Toledano

Enbar is a brief-writer and legal strategist who specializes in critical motions practice and appeals. Her practice spans complex commercial and government litigation, with an emphasis on cross-disciplinary lawsuits with regulatory implications.

Enbar excels at translating complicated fact patterns and legal frameworks into digestible, persuasive themes. Clients and colleagues seek her out for creative problem solving, incisive judgment, and approaching complex problems with real-world practicality.  In addition to her many trial and appellate victories, Enbar takes particular pride in the matters in which powerful written advocacy has spurred resolution or voluntary dismissal short of full-blown litigation.

Enbar has been recognized as “One to Watch” for Appellate Practice by The Best Lawyers in America and a “Rising Star” in International Trade Law by Law360. Since 2023, the U.S. government has also named Enbar to its roster of individuals qualified to serve on binational panels for dispute resolution under the United States-Mexico-Canada Agreement (the successor to NAFTA).

Before joining the firm, Enbar was a trial lawyer and lead brief-writer in private practice. She also served as a judicial law clerk on the U.S. Court of Appeals for the Eighth Circuit and the U.S. District Court for the Northern District of Illinois.

Representative Matters

Commercial Litigation & Class Action Defense

• Antitrust:  Defended broadcast company in antitrust lawsuit alleging price-fixing conspiracy in connection with retransmission consent fee negotiations.  (S.D.N.Y and Second Circuit)
• Privacy:  Won dismissal of putative class action privacy lawsuit against data broker accused of collecting and selling geolocation data from mobile device applications without users’ consent.  (E.D. Va.)
• False Claims Act:  Won dismissal with prejudice of False Claims Act complaint against medical device manufacturer accused of violating Anti-Kickback Statute.  (S.D. Ohio)
• Geopolitics:  Successfully represented lobbying firm in high-profile Computer Fraud and Abuse Act (CFAA) and civil RICO case concerning alleged international conspiracy to hack into politico’s computer and disseminate materials to the press.  (D.D.C.)
• False Advertising:  Won certified class action jury trial accusing multinational pharmaceutical corporation of falsely advertising popular multivitamin.  (N.D. Cal.)
• Breach of Contract: Represented insurance company in commercial arbitration against nationwide retailer concerning alleged contractual overcharges for prescription medications.  (AAA arbitration)
• Consumer Protection:  Won dismissal with prejudice of putative class action lawsuit accusing supplemental manufacturer of deceptive business practices.  (S.D. Fla.)
• Securities Fraud: Won dismissal and subsequent appeal in PSLRA action accusing government contractor and officers of violating Rule 10b-5 in connection with public statement about government healthcare contract.  (E.D. Va. and Fourth Circuit)
• Products Liability: Won three jury trials on behalf of multinational pharmaceutical corporation defending against failure-to-warn and design-defect claims in multi-district litigation.  (MDL)

Government Litigation & Investigations

• FTC:  Secured dismissal of Amazon executive in FTC lawsuit alleging “dark patterns” in Amazon Prime enrollment and cancellation processes in violation of ROSCA.  (W.D. Wash.)
• International Trade:  Represent numerous domestic industries before Court of International Trade, Federal Circuit, and NAFTA/USMCA panels in antidumping and countervailing duty proceedings.
• DOJ/Swiss AG:  Managed year-long internal investigation of international sports governing body, on-site in Zurich, in connection with bribery and corruption investigations by DOJ and Office of the Attorney General of Switzerland.
• DOJ/Environmental:  Defended prominent government contractor in CERCLA litigation related to groundwater contamination at former NASA site.  (W.D. Wash.)
• FDA:  Successfully defended pharmaceutical executive in appeal from collateral consequences imposed under Responsible Corporate Officer (RCO) doctrine, with an opening brief that prompted favorable resolution with FDA.  (D.C. Circuit)
• SEC:  Defended, and negotiated favorable resolution on behalf of, corporate insider accused of tipping family member ahead of public merger announcement by SEC.  (E.D. Va.)
• State AG:  Defended common carrier in federal lawsuit alleging breaches of contract by City and State of New York.  Successful summary judgment argument prompted public resolution for roughly 5% of plaintiffs’ demand.  (S.D.N.Y.)
• Congress:  Successfully defended U.S. Senator accused of insider trading on COVID-related congressional briefings with an opening brief prompting voluntary dismissal.  (N.D. Ga.)

Government Appointments

• USMCA:  Enbar has been appointed to the Unites States’ roster of individuals qualified to serve on binational panels under Chapter 10 of the U.S.-Mexico-Canada Agreement (successor treaty to NAFTA) since 2023.  In 2024, she was appointed to a panel presiding over a trade dispute regarding softwood lumber from Canada by the Office of the United States Trade Representative and Canada’s Trade Law Bureau.

Professional Experience

• Litigation Associate, Private Law Practice (2017-2019)
• Litigation Associate, Private Law Practice (2015-2017)
• Intern for the Honorable Amy M. Totenberg, U.S. District Court for the Northern District of Georgia (2012)

Recognitions

• Included in The Best Lawyers in America directory of "Ones to Watch" for Appellate Practice (2023-2025)
• Recognized by Law360 as a “Rising Star” in International Trade Law (2022)