Amy Jane Longo

Commercial & Securities Litigation, SEC & DOJ Enforcement, A.I.

Los Angeles

Amy Longo's legal career began with her interest within the field of public interest law, but things took a turn when she discovered a passion for securities law during her tenure as a summer associate at a law firm in 1995.

This newfound interest led her to study under the esteemed professor John Coffee at Columbia University, where she deepened her understanding of the field.

"The dynamic nature of the field, particularly with the passage of the Private Securities Litigation Reform Act in 1995, captivated me," Longo said. "I had the privilege of working alongside individuals with government and private practice experience, including the U.S. Attorney's Office and the SEC, which provided valuable perspectives."

Some of her significant recent work includes a complete victory in litigation against Florida Governor Ron DeSantis, with the 11th Circuit striking down as unconstitutional the "Stop WOKE Act," which sought to curb corporate DEI trainings.

She, alongside Ropes & Gray and Protect Democracy, successfully challenged the constitutionality of the employer provisions of HB 7.

The case, which involved a Florida statute limiting employers' ability to conduct diversity, equity, and inclusion training, was a significant victory for free speech. The court ruled that the law violated the First Amendment by targeting government-disfavored speech and discriminating based on content. Longo's team sought and obtained a preliminary injunction to prevent the law's enforcement, a testament to their ability to demonstrate the statute's chilling effect on speech and its overbroad definitions.

"Our collaboration with Protect Democracy, an organization focused on free speech issues in the courts, allowed us to make a concrete difference and take a stand against government censorship. The attack on DEI in recent years made this case particularly significant," Longo explained. "We believed it was crucial to defend the First Amendment rights of employers and challenge the government's ability to dictate permissible speech based on political preferences. The victory in this case served as a check on potential abuse of power and a reaffirmation of the importance of free expression in the workplace."

She added obtaining an extraordinary remedy such as a preliminary injunction requires meeting a high bar in court.

"In the case challenging the employer provisions of HB 7, we provided strong evidence that the statute would stifle speech and demonstrated that its definition of concepts was overly broad," Longo explained. "Making a solid evidentiary showing was crucial in persuading the court to grant early relief."

When asked about trends, Longo said there has been an increase in SEC proposed rulemaking and litigants have had more success challenging proposed SEC rules.

"That's important for companies considering what the right compliance approach is in the meantime," she said. "There have been many proposed rules that have been stayed or subject to litigation challenges that can make it tricky to figure out what kind of approach to compliance in the meantime."