Jim's practice concentrates on securities litigation, white-collar criminal defense, and the representation of clients in investigations by the Securities and Exchange Commission (SEC).
Jim has extensive experience handling securities litigation, business crimes investigations, and civil and criminal trials, and has unique experience in representing clients in parallel SEC and criminal investigations. He is one of the few attorneys nationwide who has worked both for the SEC and as a federal prosecutor. From 1989 to 1991, he was in charge of the SEC's Regional Office located in Los Angeles; and, prior to that, was an attorney with the SEC's Regional Office in Chicago. He also was a federal prosecutor in the Special Prosecutions Division of the United States Attorney's Office in Chicago, and in the Major Frauds Division of the United States Attorney's Office in Los Angeles.
As a prosecutor, Jim was involved in more than 40 federal criminal trials, including trials involving stock market manipulation, insider trading, RICO offenses, and bribery of public officials.
In addition to criminal cases, Jim has tried civil securities actions, SEC injunctive actions and administrative proceedings. He has also represented brokerage firms and individuals in securities arbitrations, and in disciplinary proceedings before the National Association of Securities Dealers and the New York Stock Exchange. As a regular part of his practice, Jim represents clients in a wide variety of civil and criminal cases, and in investigations conducted by the SEC, the U.S. Attorney's Office and other governmental entities.
Jim has garnered a number of professional accolades. He is a Fellow in the American College of Trial Lawyers, and has been selected for inclusion in Best Lawyers in America, in the "business crimes" sections of Who's Who Legal: California, in the International Who's Who of Business Lawyers, and in Southern California Super Lawyers.
Representative Matters
Securities
- Represented a lawyer in a criminal trial involving securities fraud, RICO and money laundering allegations
- Represented the former controller of a major computer firm at trial in an SEC civil action alleging improper revenue recognition
- Represented an investment bank in securities litigation arising out of the bank's role in a private placement
- Represented a public company in state derivative and federal securities class action litigation based on allegations of fraud in connection with options backdating
- Represented the former Chairman of a bank that was a subsidiary of a national mortgage company in securities class action litigation involving the SEC risk disclosures with respect to the bank's mortgage holdings
- Represented a major auditing firm in connection with Foreign Corrupt Practices Act issues involving one of the firm's clients
- Represented a brokerage firm in parallel SEC and criminal investigations into possible stock market manipulation
- Represented a former executive of a sub-prime lender in an SEC investigation involving the firm's risk disclosures. The SEC staff reversed its initial decision to sue our client based on the Wells Submission Jim submitted on his behalf
- Represented a Big Four auditor in an SEC investigation into the auditor's role in an audit that failed to uncover improper revenue recognition by an audit client. The SEC staff reversed its decision to sue our client based on the Wells Submission Jim submitted on his behalf
Internal Investigations
- Conducted an internal investigation for the Independent Directors of a Cayman Islands hedge fund into allegations of securities fraud raised by certain investors
- Conducted an internal investigation for a Special Committee of the Board of Directors of a public company into allegations of insider trading and the possible omission of material adverse financial information from the company's SEC filings
- Conducted an internal investigation for the outside directors of the Board of Directors of a public company into allegations that corporate revenues were falsified to support the company's IPO price
- Conducted an internal investigation for a major pharmaceutical company into "drug tampering" allegations
Energy
- Represented Ross Perot, Sr. and Perot Systems in highly publicized congressional hearings concerning the California energy crisis and in related civil litigation
- Represented a national energy company in criminal investigations involving allegations that the company inflated its revenues through fictitious transactions
- Represented a national brokerage firm in civil litigation arising out of California energy crisis
Industrial Accidents
- Represented a Morton Salt Company plant manager, who was found not guilty, in a four-week manslaughter trial resulting from death of a plant worker
- Represented the site supervisor at an open pit mine in an OSHA investigation into the accidental death of a worker
- Represents foods company employee in a criminal prosecution for alleged role in the death of another employee in an industrial accident