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Morrison Foerster Named a Litigation Powerhouse by Benchmark Litigation

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Benchmark Litigation USA has once again highlighted Morrison Foerster as a market-leading firm for litigation. MoFo was highlighted in eight practice areas, and 13 of its lawyers were recognized for their individual achievements in the 2023 edition of Benchmark Litigation. Benchmark Litigation is the definitive guide to the world’s leading litigation firms and lawyers.

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Benchmark Litigation USA has once again highlighted Morrison Foerster as a market-leading firm for litigation. MoFo was highlighted in eight practice areas, and 13 of its lawyers were recognized for their individual achievements in the 2023 edition of Benchmark Litigation. Benchmark Litigation is the definitive guide to the world’s leading litigation firms and lawyers.MoFo was ranked in the highest possible tier in the following categories:<ul><li>California – Dispute resolution</li><li>California – San Diego - Dispute resolution</li><li>California – Intellectual property</li><li>National – Intellectual property</li></ul>In addition, MoFo was named a leading firm in the following areas:<ul><li>California – Securities</li><li>California – Labor and employment</li><li>Colorado – Dispute resolution</li><li>National – Appellate</li></ul>In addition to the above practice area rankings, Morrison Foerster lawyers earned 11 “Local Litigation Star” rankings, four “National Practice Area Stars,” and eight were named “Litigation Stars,” including: <ul><li>Eric M. Acker – Litigation Star, Local Litigation Star; </li><li>Charles E. Duross – National Practice Area Star, Local Litigation Star; </li><li>Jordan Eth – Litigation Star, Local Litigation Star; </li><li>Arturo J. González – Litigation Star, Local Litigation Star; </li><li>Jessica L. Grant – Litigation Star, Local Litigation Star;</li><li>Michael A. Jacobs – National Practice Area Star, Litigation Star, Local Litigation Star;</li><li>James M. Koukios – National Practice Area Star, Local Litigation Star;</li><li>Jack W. Londen – Litigation Star, Local Litigation Star;</li><li>Craig D. Martin – Litigation Star, Local Litigation Star;</li><li>Deanne E. Maynard – National Practice Area Star, Local Litigation Star; and</li><li>Nancy R. Thomas – Local Litigation Star. </li></ul>In addition, Eric Akira Tate was once again named a “Labor & Employment Star.” Purvi G. Patel was awarded a “Future Star,” and Jessica L. Grant was listed as a “Top 250 Women in Litigation.” In addition, Arturo J. González was recognized as both a “Top 100 Trial Lawyer” nationally and a “Top 20 Trial Lawyer” in California.For more details on Morrison Foerster’s 2023 rankings, please visit Benchmark Litigation’s <a href="https://benchmarklitigation.com/Firm/Morrison-Foerster-Hong-Kong-SAR/Profile/108716#countries">website</a>.<div></div>

Morrison Foerster Named a Litigation Powerhouse by Benchmark Litigation

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Eric has tried more than 50 trials (including more than 47 jury trials) in courtrooms across the country and was inducted into the American College of Trial Lawyers in 2018. His cases have involved a wide variety of technologies - including software, drug compositions, antibodies, medical devices, ultra-short pulse lasers, camera-based object recognition systems and atomic force microscopes – and significant stakes for clients.For instance, in the high-profile SCO v. Novell case, following a three-week trial, the jury affirmed our client Novell’s ownership of the copyrights to the UNIX software code and rejected SCO’s claim for damages of $100 to $200 million. Eric received a California Lawyer Attorney of the Year (CLAY) Award for his defense of Novell. In the Chugai v. Alexion case involving recycling antibody technology, he helped secure a $775 million settlement for Chugai hours before jury selection and opening statements. He has recently tried intellectual property cases in district courts in seven different states.Eric was named the Best Lawyers in America San Diego Litigation Patent Lawyer of the Year in 2014 and San Diego Litigation - Intellectual Property Lawyer of the Year in 2018 and was named a “California Local Litigation Star” in the 2015-2018 and 2022 and 2023 issues of Benchmark Litigation.Prior to joining Morrison Foerster, Eric spent 10 years as a federal prosecutor in the U.S. Attorney’s Offices for the District of Columbia and the Southern District of California.

Eric M. Acker

Partner

Charles (Chuck) Duross serves as global co-chair of Morrison Foerster’s Investigations + White Collar Defense Practice Group and is a co-leader of its FCPA and Global Anti-Corruption practice. With more than twenty-eight years of experience principally focused on white collar cases, Chuck’s practice has an emphasis on complex white collar criminal matters, including internal corporate investigations, representing special committees, compliance counseling, due diligence regarding third parties and business transactions, and defense of clients before government enforcement agencies and multilateral investment banks. Chuck has handled cases and overseen investigations in dozens of countries. As a veteran trial attorney, Chuck has a proven track record in the courtroom in high-profile, high-stakes trials. Dubbed “Mr. FCPA” in The Washington Post, Chuck is routinely recognized in various rankings and publications, including Chambers Global, Chambers USA, and Legal 500 as a leading attorney in white collar criminal defense, with a particular specialty in FCPA and foreign corruption cases.<h4>Representative Experience</h4><ul><li>Serving as the DOJ-appointed independent corporate compliance monitor for a large South American company in the wake of a multi-jurisdictional resolution of one of the largest bribery schemes in history</li><li>Representing a leading U.S. company in a high-profile multi-jurisdictional government-facing bribery investigation in Africa</li><li>Representing multinational European company in a high-profile bribery investigation involving multiple jurisdictions</li><li>Representing a major manufacturing company in an emissions-related investigation</li><li>Representing a technology company before DOJ and SEC regarding a whistleblower employee alleging FCPA violations</li><li>Representing a Japanese company before DOJ and SEC in an FCPA investigation</li><li>Representing a leading U.S. company before DOJ regarding allegations of improper hiring issues</li><li>Represented former telecom executive before DOJ and SEC regarding conduct in China</li><li>Representing a former executive regarding allegations of misconduct in Latin America</li><li>Secured declinations on behalf of multiple corporate clients and individuals before DOJ and SEC</li><li>Secured a victory for a Chinese company before the Sanctions Board of the World Bank</li><li>Lead an internal investigation for a leading South American company concerning bribery allegations in Asia</li><li>Conducted pre-investment and pre-acquisition enhanced FCPA/anti-corruption due diligence in numerous multi-billion dollar deals in Africa, Asia, and Latin America</li><li>Assisting numerous companies, from start-ups to Fortune 50 corporations, with drafting codes of conduct and compliance procedures, conducting risk assessments, gap analysis and compliance benchmarking, and enhancing existing compliance programs</li><li>Go-to outside FCPA and anti-corruption legal and compliance counsel to leading Global 500 multinational corporations across industries and regions</li></ul>Chuck previously served as Chief of the Foreign Corrupt Practices Act (FCPA) Unit in the Fraud Section of the Criminal Division of the U.S. Department of Justice (DOJ), where he was in charge of all of the DOJ’s FCPA investigations, prosecutions and resolutions in the United States. Chuck is internationally recognized for his leading role in developing and implementing the government’s FCPA enforcement strategy, and he is widely credited with developing the current enforcement regime. Under his leadership, the FCPA Unit resolved more than 40 corporate cases resulting in approximately $1.9 billion in monetary penalties and prosecuted dozens of business executives and money launderers. As the head of the FCPA Unit, Chuck oversaw countless voluntary disclosures, decided which matters would be declined, administered DOJ’s FCPA Opinion Release Procedure and was responsible for interviewing, selecting and reviewing the work of nearly 20 independent corporate monitors.In investigating and prosecuting transnational bribery cases, Chuck worked with every major U.S. Attorney’s Office and law enforcement agency in the United States, the Securities and Exchange Commission (SEC), law enforcement counterparts around the world and numerous multi-lateral development banks, including the World Bank. For example, Chuck worked with the Australian Federal Police, Royal Canadian Mounted Police, the Tribunal de Grande Instance de Paris, Indonesia’s Anti-Corruption Commission, the Tokyo Public Prosecutor’s Office, Mexico’s Procuraduría General de la República, Norway’s Økokrim, the Swiss Attorney General’s Office, Thailand’s National Anti-Corruption Commission, and the United Kingdom’s City of London Police, Crown Prosecution Service, Metropolitan Police and Serious Fraud Office.While in the Fraud Section, Chuck led the development of a deferred prosecution agreement (DPA) template for FCPA cases, which formed the basis for a DPA template later adopted for use by the entire Criminal Division, and he also led the effort to update and restructure the enhanced compliance components used in resolving FCPA cases. As a recognized expert, Chuck was consulted by UK officials prior to the adoption of legislation permitting deferred prosecution agreements.Chuck’s tenure was also marked by his efforts to make FCPA enforcement more transparent and compliance with the statute more understandable to the business community. Working closely with his counterparts at the SEC, Chuck was one of the principal authors of the DOJ and SEC’s joint publication A Resource Guide to the U.S. Foreign Corrupt Practices Act, which followed a series of consultations with business and compliance leaders. The Guide has received wide praise from the business community, compliance and ethics professionals and private practitioners, and has been described as a “landmark document,” an “FCPA hornbook,” and a “must-read for compliance officers.”Chuck also served as DOJ’s principal representative to the Organisation for Economic Co-operation and Development’s Working Group on Bribery for many years and helped develop the OECD’s acclaimed Good Practice Guidance on Internal Controls, Ethics and Compliance. Besides his involvement in the OECD Phase 1 of Russia and Phase 2 of South Africa, Chuck’s leadership during the OECD Phase 3 of the United States earned him the Assistant Attorney General’s Exceptional Service Award, the Criminal Division’s highest award for employee performance.Prior to being appointed Chief, Chuck served as Assistant Chief of the FCPA Unit from October 2008 to April 2010, and as a line prosecutor with the Fraud Section from December 2006 to October 2008. Beyond FCPA enforcement, Chuck has supervised and tried all manner of white collar cases, including healthcare fraud, mail and wire fraud, money laundering, public corruption, securities fraud and tax evasion. A veteran trial attorney, Chuck is a recipient of the prestigious Attorney General’s Distinguished Service Award, the second-highest department-wide award for employee performance, as one of the lead prosecutors who secured the conviction of Congressman William Jefferson following a nearly nine-week trial.Chuck has been recognized for his work on FCPA matters by Law360, the Legal 500 US, the Washington Post, Washington Business Journal, and also by Chambers USA where a market commentator praises him as “a sage counselor, who is calm under pressure and solutions-oriented.” Who’s Who Legal also recognizes Chuck for his investigations work. In recognition of his contributions to the firm’s “Top Ten International Anti-Corruption Developments” monthly newsletter, Chuck has also been repeatedly honored with JD Supra’s “Reader’s Choice Top Author” award.Chuck earned his J.D., cum laude, from the University of Michigan Law School in 1996 and his B.A., magna cum laude, from the University of Michigan in 1993. After beginning his career as a litigation associate at an international firm in 1996, he joined the U.S. Attorney’s Office for the Southern District of Florida in 2001, where he prosecuted a variety of white collar cases, including bank fraud, embezzlement, mail and wire fraud, money laundering, securities fraud and trademark violations. Chuck rose to the position of Deputy Chief in the Major Crimes Section in Miami before moving to Washington, D.C., in 2006 to join the Fraud Section. Chuck has been an adjunct professor for seven years at Georgetown University Law Center, where he has taught trial advocacy, has been a guest lecturer at Harvard Law School’s Program on the Legal Profession, University of Pennsylvania Law School, and the University of Michigan Law School and Ross School of Business. As an internationally recognized expert on transnational bribery, white collar crimes, and compliance issues, Chuck is a sought-after speaker, and he routinely speaks at conferences across the United States and around the world. He is admitted to practice in Michigan and the District of Columbia.

Charles E. Duross

<div class="videoWrapper"><iframe class="sticky-video" allowfullscreen="1" allow="autoplay; encrypted-media" frameborder="0" src="https://www.youtube-nocookie.com/embed/2q_gEWibFK0?rel=0" title="Meet Jordan Eth, Securities Litigator" title="iframe"></iframe></div>Co-chair of Morrison Foerster’s Securities Litigation, Enforcement, and White Collar Defense Group, Jordan is one of the leading securities litigators in the United States, known for his success in handling complex, high-stakes cases. He has more than 30 years of experience representing public companies and their officers and directors in:<ul><li>Securities class actions</li><li>SEC investigations</li><li>Derivative suits</li><li>Mergers and acquisitions litigation</li><li>Internal investigations</li></ul>Jordan understands the big-picture challenges facing companies and individuals in securities litigation, as well as the intricacies of the legal issues. As co-leader of the successful defense of JDS Uniphase Corp. and its former executives in a securities class action jury trial seeking $20 billion in damages—the largest in history—Jordan is one of the few lawyers who has taken a securities class action to trial and won a complete jury defense verdict.Jordan’s clients cover a broad range of industries, including financial services, computer software and hardware, life sciences, manufacturing, and consumer products. He is routinely recognized for his exceptional client service, including in Best Lawyers in America, where a client noted that, “Jordan Eth is in a class of his own. He is deeply knowledgeable and experienced and a natural leader without ego issues. He thinks strategically and is extremely responsive, realistic, and clear in his assessments of situations. He is able to marshal resources within Morrison Foerster as necessary. And if that were not enough, he is easy to work with. I could not recommend him more highly.” Jordan is also regularly praised by clients for his strong courtroom advocacy and deep expertise in securities litigations and class actions:“Jordan is impressive before the courts. He is straight to the point and his voice carries a lot of weight with the bench.” – Chambers USA“Jordan understands the CEO mentality with respect to securities actions and navigates the corporate politics of these matters with the same expertise with which he handles the legal case.” – Client“Jordan Eth is a superstar. He has actual trial experience – extremely rare in securities litigation. He is even-handed, calm and very direct. Very helpful in cutting through the noise with board members.” – Legal 500 USA A frequent speaker on securities litigation topics at events and conferences across the United States, Jordan actively participates in programs put on by The SEC Enforcement Forum, the Practising Law Institute, and the Stanford Directors’ College. During Winter Quarter 2012 and Spring Quarter 2017, Jordan taught “Modern Securities Fraud Litigation: Public and Private Enforcement” as an Adjunct at Stanford Law School. He has also authored dozens of articles on securities litigation and is an Executive Committee member on the Securities Litigation Section of the Bar Association of San Francisco.Jordan served as a law clerk to the Honorable Chief Judge Robert F. Peckham, United States District Court for the Northern District of California, from August 1985 through August 1986. From 1980 through 1982, he worked as an economist in Washington, D.C., first for the United States Department of Energy and then for the Budget Committee of the United States House of Representatives.

Jordan Eth

<div class="videoWrapper"><iframe title="Meet Arturo González Commercial Litigator" src="https://www.youtube-nocookie.com/embed/jIM9npubu4I?rel=0" frameborder="0" allow="autoplay; encrypted-media" allowfullscreen="1" title="iframe"></iframe></div>Arturo is one of the nation’s top trial lawyers. One federal judge said his “trial advocacy skills were superior,” while a federal magistrate described his trial skills as “phenomenal.” He is sought after by America’s largest companies, in part because of his ability to communicate with increasingly diverse juries. Arturo has had great success representing both plaintiffs and defendants. He may be the only lawyer in the country to obtain defense victories for clients in multiple billion dollar matters and also four jury verdicts in excess of $10 million, including verdicts of $39.3 and $13.8 million in trade secrets cases. Arturo is a Fellow with the American College of Trial Lawyers and the International Academy of Trial Lawyers and an associate with the American Board of Trial Advocates.He has served as MoFo’s lead trial counsel in a number of significant matters, including:<ul><li>Waymo v. Uber: Won a favorable settlement after four days of jury trial. Defeated motion for preliminary injunction that sought to bar Uber’s autonomous vehicle program.</li><li>Phoenix Technologies Ltd. v. VMWare, Inc.: Won a defense verdict in copyrights case seeking over $100 million and future royalties.</li><li>Phaedrus v. Kaiser Permanente: Won a defense verdict for Kaiser in a $125 million trade secrets misappropriation and breach of contract case.</li><li>Hansen Medical v. Luna Innovations Inc.: Won a $36.3 million verdict in a trial involving medical robotics. Jury found that defendant willfully misappropriated trade secrets and breached two contracts.</li></ul>Arturo has obtained a number of record jury verdicts, including $12.5 million for the unlawful shooting of a farmworker, $1.45 million for unlawful strip searches, and $63 million in a wrongful death suit.Arturo has earned a wealth of recognition from his peers. In 2021, Arturo joined the California Lawyers Association’s Trial Attorney Hall of Fame, an award bestowed upon attorneys who have excelled as trial lawyers and whose careers exemplify the highest values and professional attainment. He was also honored in 2019, by the American Bar Association for his dedication to providing free legal services to the poor. He was named to Legal 500’s Trial Lawyers Hall of Fame in 2017, has nine consecutive selections to the Daily Journal’s Top 100 Lawyers in California, is recommended by Chambers USA as a top commercial litigator, and has been selected annually since 2010, as one of the country’s top 30 trial lawyers by Legal 500, United States. In 2009, The National Law Journal recognized him as one of the top 10 trial lawyers in the country in their “Winning” Special Report. Earlier in his career, he was selected by National Law Journal as one of the nation’s top 40 lawyers under the age of 40 and one of the “50 Most Influential Minority Lawyers in America.”Arturo served as the 2010 President of the Bar Association of San Francisco.

Arturo J. González

James Koukios is co-chair of Morrison Foerster’s Securities Litigation, Enforcement, and White Collar Defense Group and serves as co-head of the FCPA + Global Anti-Corruption Practice. James represents companies and individuals in high-stakes government enforcement actions and complex internal investigations. He has handled matters across a wide range of jurisdictions including Brazil, China, Greece, India, Russia, Venezuela, and Vietnam, among others. James draws on his experience as a federal prosecutor, when he tried over 20 federal jury cases and supervised hundreds of white collar investigations, to obtain the best results for his clients. He is consistently praised for his judgment and advocacy in complex investigations and enforcement actions. Chambers USA notes that he is “super experienced with excellent judgement regarding what the government is looking for and concerned about,“ while Chambers Global describes James as, “a forceful advocate when appearing before the government.”Before joining Morrison Foerster, James spent 10 years at the U.S. Department of Justice (DOJ), beginning as an Assistant United States Attorney in Miami and finishing as Senior Deputy Chief of the Criminal Division’s Fraud Section in Washington, D.C., where he supervised investigations, prosecutions, and resolutions in the Fraud Section’s FCPA, Health Care Fraud, and Market Integrity and Major Fraud Units. While at DOJ, James investigated and prosecuted health care fraud, procurement fraud, domestic and foreign corruption, money laundering, and export control offenses, working closely with state, federal, and foreign law enforcement officials, as well as the U.S. Securities and Exchange Commission (SEC), the U.S. Departments of Defense, State, and Commerce, and intelligence agencies.While at DOJ, James assisted in drafting the widely acclaimed DOJ and SEC joint publication A Resource Guide to the U.S. Foreign Corrupt Practices Act, which followed a series of consultations with business and compliance leaders. He was also a lead examiner for the Phase 2 examination of Russia’s compliance with the Anti-Bribery Convention of the Organisation for Economic Co-operation and Development (OECD).From 2010 to 2011, James served as Special Counsel to then-FBI Director Robert S. Mueller, III, advising the Director and other FBI executives on criminal policy issues, preparing FBI Executive Management for congressional testimony, representing the FBI at interagency meetings, and acting as a liaison between FBI and other DOJ components.James has been recognized as: a leading lawyer in FCPA (Nationwide and Global) by Chambers USA and Chambers Global; a recommended lawyer for corporate investigations and white collar defense by Legal 500; an “Expert” and a “Thought Leader” in investigations by Who’s Who Legal; and an “Attorney Who Matters” by the Ethisphere Institute for making an impact in the area of ethics and compliance. He also received the Assistant Attorney General’s Distinguished Service Award in recognition for his work on two landmark FCPA-related trials: United States v. Esquenazi and United States v. Duperval. James also served as a lead prosecutor in United States v. AEY Inc., a defense procurement fraud and export licensing case that served as the basis for the 2016 film War Dogs.James is a recognized thought leader on the latest legal trends and industry developments. Chambers Global notes that, “James has a keen ability to distill trends and enforcement down to their core. He is a crisp thinker and discerning with regards to the market.” He is the lead editor of our award-winning monthly newsletter, Top 10 International Anti-Corruption Developments, which succinctly summarizes important case and policy developments for busy in-house counsel, compliance professionals, and anti-corruption lawyers. James also served as an adjunct professor of trial advocacy at the Georgetown University Law Center for over 10 years and regularly guest lectures at leading law and business schools on investigations, white collar enforcement, and anti-corruption issues.<h4>Selected Significant Representations</h4><h5>FCPA and Global Anti-Corruption</h5><ul><li>Successful resolution of a transnational bribery investigation of a multinational pharmaceutical company, securing cooperation credit, avoiding the imposition of a corporate compliance monitor, and negotiating a deferred prosecution agreement with DOJ and an administrative resolution with the SEC.</li><li>Successful representation of a multinational medical device company in conducting an internal investigation into allegations of bribery in Vietnam that led to a deferred prosecution agreement with DOJ.</li><li>Representation of an international consulting firm in extensive, government-facing international corruption and money laundering investigations involving China, India, and other jurisdictions.</li><li>Representation of a multinational automotive company in an internal investigation into allegations of bribery in its Latin America operations and antitrust violations and whistleblower retaliation in its U.S. operations.</li><li>Representation of a consumer retail company in an internal investigation into allegations of bribery in its Indonesian operations.</li><li>Representation of business executives in government-facing FCPA investigations involving Brazil, China, Venezuela, and other jurisdictions.</li><li>FCPA legal advice, anti-corruption counseling, transactional due diligence, and post-acquisition integration advice to multinational corporations in several industries, including defense, extractive, financial services, food, gaming, health care, and technology.</li><li>Review of a multinational company’s compliance management system in connection with the spin-off of a subsidiary and investigations by multiple enforcement agencies.</li></ul><h5>Consumer Protection and Product Safety</h5><ul><li>Successful representation of a multinational consumer electronics company in the first-ever corporate criminal resolution of an alleged Consumer Product Safety Act (CPSA) violation, securing cooperation credit, avoiding the imposition of a corporate compliance monitor, and negotiating a deferred prosecution agreement for the parent company with DOJ.</li><li>Representation of a multinational vehicle manufacturer in a criminal CPSA investigation being led by DOJ’s Consumer Protection Branch.</li><li>Representation of the CEO of a consumer electronics company in a criminal CPSA investigation being led by DOJ’s Consumer Protection Branch.</li><li>Representation of the Supervisory Board of a car manufacturer in an investigation by DOJ, the U.S. Environmental Protection Agency, the California Air Resources Board, SEC, various state Attorneys General, German Prosecutors and the German vehicle admissions agency into potential violations of environmental, capital markets, consumer protection, antitrust and criminal laws.</li></ul><h5>Other White Collar and Civil Fraud Defense Matters</h5><ul><li>Representation of a multinational technology company in responding to a subpoena issued by the U.S. House of Representatives’ Judiciary Committee related to an investigation into alleged suppression or restriction of conservative opinions through “content moderation” policies on social media platforms.</li><li>Successful representation of a multinational defense contractor in conducting an internal investigation that led to a declination from the State Department for potential International Trafficking in Arms Regulation (ITAR) violations without referral to DOJ.</li><li>Representation of a consumer retail company in a DOJ insider trading investigation.</li><li>Representation of a company and several of its employees in connection with the Special Counsel investigation into Russian interference in the 2016 Presidential election.</li><li>Representation of Anthony Ornato, a former senior career civil servant who served as White House Deputy Chief of Staff of Operations, in the January 6 Select Committee investigation and related government investigations.</li><li>Representation of two former high-level executives of a public company in internal and external investigations concerning allegations of fraud, misuse of company funds, record violations, and disclosure violations and in a derivative lawsuit in the Delaware Chancery Court regarding alleged violations of fiduciary duty, corporate waste, and unjust enrichment.</li><li>Representation of business executives in anti-money-laundering, criminal securities fraud, whistleblower retaliation, government procurement fraud, and other DOJ investigations.</li><li>Defended independent directors against breach-of-fiduciary-duty claims in federal bankruptcy court, successfully moving to dismiss all claims against the directors with prejudice.</li></ul>

James Koukios é co-líder do grupo de Contencioso de Valores Mobiliários e Defesa de Colarinho Branco e atua como co-líder global do grupo FCPA (Foreign Corrupt Practices Act) + Anticorrupção. James representa empresas e indivíduos em ações governamentais de alto risco e investigações internas complexas.James, um experiente advogado de litígios e ex-promotor federal, litigou mais de 20 casos federais de júri, inclusive sendo o principal promotor em dois julgamentos históricos relacionados à FCPA: Estados Unidos v. Esquenazi e Estados Unidos v. Duperval. James também atuou como promotor-chefe nocaso Estados Unidos v. AEY Inc., um caso de fraude de aquisição de defesa e licenciamento de exportação que serviu de base para o filme de 2016 chamado "Cães de Guerra".<h4>Casos Representativos</h4><ul><li>Representou empresas multinacionais de dispositivos médicos e farmacêuticos em investigações da FCPA perante o governo.</li><li>Representou empresas e organizações multinacionais em vários setores a conduzir investigações internas sobre possíveis violações de FCPA, ITAR, sobre informações privilegiadas, entre outras violações.</li><li>Representou uma empresa e vários de seus funcionários em investigações do Conselho Especial.</li><li>Representou uma empresa de produtos de consumo em uma investigação criminal de segurança de produtos perante o governo.</li><li>Forneceu consultoria jurídica sobre FCPA, consultoria anticorrupção, due diligence transacional e consultoria de integração pós-aquisição a empresas multinacionais em vários setores, incluindo defesa, extração, serviços financeiros, alimentos, assistência médica e tecnologia.</li><li>Representou indivíduos em casos de investigações anti-corrupção, lavagem de dinheiro, fraude criminal em valores mobiliários, retaliação de denunciantes, fraude de compras do governo, dentre outras.</li><li>Defendeu conselheiros independentes contra reclamações por quebra de obrigações fiduciárias no tribunal federal de falências.</li></ul>Antes de ingressar na Morrison Foerster, James trabalhou  por 10 anos no Departamento de Justiça dos Estados Unidos, começando sua carreira como Advogado Assistente dos Estados Unidos em Miami e encerrando seu mandato no Departamento de Justiça como Chefe Adjunto de Seção de Fraude da Divisão Criminal em Washington, DC, onde supervisionou investigações, processos e resoluções na Seção de Fraude em FCPA, Fraude em Assistência Médica, e em Valores Mobiliários e na Unidade de Fraude Financeira. Enquanto estava no Departamento de Justiça, James investigou e processou fraudes na área da saúde, fraude de compras, corrupção doméstica e estrangeira, lavagem de dinheiro e infrações de controle de exportação, trabalhando em estreita colaboração com autoridades estaduais, federais e estrangeiras, bem como a Comissão de Valores Mobiliários dos Estados Unidos (SEC); Departamentos de Defesa, Estado e Comércio dos Estados Unidos; e agências de inteligência. Ele ajudou na redação da amplamente divulgada publicação conjunta da SEC e do Departamento de Justiça, “Guia de Recursos da Lei de Práticas de Corrupção no Exterior dos Estados Unidos (“A Resource Guide to the U.S. Foreign Corrupt Practices Act”), que seguiu uma série de consultas com os líderes de negócios e conformidade. Ele também foi examinador principal da Fase 2 da avaliação de conformidade da da Rússia com a Convenção Anti-suborno da Organização para Cooperação e Desenvolvimento Econômico (OCDE).De 2010 a 2011, James atuou como consultor especial do então diretor do FBI Robert S. Mueller, III, assessorando o diretor e outros executivos do FBI em questões de política criminal, preparando a Diretoria Executiva do FBI para testemunhar perante o Congresso, representando o FBI em reuniões entre agências e atuando como uma ligação entre o FBI e outros componentes do Departamento de Justiça.James foi reconhecido como um dos principais advogados da FCPA, nacional e globalmente, pela Chambers USA e pela Chambers Global, "recomendado" para investigações corporativas e advocacia de colarinho branco pelo Legal 500, um "especialista" e um "líder de pensamento" nas investigações do Who is Who Legal e um "advogado que importa" pelo Instituto Ethisphere por ter um impacto na área de ética e conformidade. Ele também recebeu o Prêmio de Serviço Distinto do Procurador Geral em reconhecimento ao seu trabalho nos julgamentos de Esquenazi e Duperval durante seu período no Departamento de Justiça.James é professor adjunto de defesa de julgamento no Centro de Direito da Universidade de Georgetown e é regularmente convidado para palestras nas principais faculdades de administração e direito sobre investigações, fiscalização de colarinho branco e questões anticorrupção.

James Koukios es copresidente del grupo de Litigios de Valores, Aplicación de la Ley y Defensa de Cuello Blanco de la firma y se desempeña como codirector global del grupo de FCPA (Foreign Corrupt Practices Act) + Anticorrupción de la firma. James representa a empresas e individuos en acciones gubernamentales de alto riesgo e investigaciones internas complejas.James, un abogado con experiencia litigando y ex fiscal federal, ha litigado más de 20 casos de jurado federal, incluyendo ser el fiscal principal en dos juicios históricos relacionados con la FCPA: Estados Unidos v. Esquenazi y Estados Unidos v. Duperval. James también se desempeñó como fiscal principal en Estados Unidos v. AEY Inc., un caso de fraude de adquisición de defensa y licencias de exportación que sirvió de base para la película de 2016 llamada “War Dogs”.<h4>Experiencia Representativa</h4><ul><li>Representó a compañías multinacionales de dispositivos médicos y farmacéuticos en investigaciones de la FCPA ante el gobierno.</li><li>Asistió a compañías y organizaciones multinacionales en varios sectores llevando a cabo investigaciones internas sobre posibles FCPA, ITAR, abuso de información privilegiada y otras violaciones.</li><li>Representó a una empresa y a varios de sus empleados en relación con las investigaciones sobre delitos de investigación del Consejo Especial.</li><li>Representó a una compañía de productos de consumo en una investigación criminal de seguridad de productos del gobierno.</li><li>Brindó asesoramiento legal de FCPA, asesoramiento anticorrupción, diligencia debida transaccional y asesoramiento de integración posterior a la adquisición a corporaciones multinacionales en varias industrias, incluyendo defensa, extracción, servicios financieros, alimentos, atención médica y tecnología.</li><li>Representó a personas en anticorrupción, anti-lavado de dinero, fraude de valores criminales, represalias de denunciantes, fraude de compras gubernamentales y otras investigaciones.</li><li>Defendió a directores independientes contra demandas por incumplimiento de obligaciones fiduciarias en un tribunal federal de quiebras.</li></ul>Antes de unirse a Morrison Foerster, James trabajó 10 años en el Departamento de Justicia de los Estados Unidos, comenzando su carrera como Asistente del Fiscal de los Estados Unidos en Miami y terminando su mandato en el Departamento de Justicia como Subjefe Principal de la Sección de Fraude de la División Criminal en Washington, D.C., donde supervisó investigaciones, enjuiciamientos y resoluciones en la FCPA de la Sección de Fraude, Fraude de Atención Médica y Unidades de Valores y Fraude Financiero. Mientras estuvo en el Departamento de Justicia, James investigó y procesó el fraude a la atención médica, el fraude de adquisiciones, la corrupción nacional y extranjera, el lavado de dinero y los delitos de control de exportaciones, trabajando en estrecha colaboración con los funcionarios estatales, federales y extranjeros encargados de hacer cumplir la ley, así como con la Comisión de Bolsa y Valores de EE. UU. (SEC); Departamentos de Defensa, Estado y Comercio de los Estados Unidos; y agencias de inteligencia. Asistió en la redacción de la publicación conjunta del Departamento de Justicia y la SEC, ampliamente aclamada, “Guía de recursos de la Ley de prácticas corruptas en el extranjero de EE. UU.” (“A Resource Guide to the U.S. Foreign Corrupt Practices Act”), que siguió a una serie de consultas con líderes empresariales y de cumplimiento. También fue un examinador principal para el examen de Fase 2 del cumplimiento de Rusia con la Convención Antisoborno de la Organización para la Cooperación y el Desarrollo Económico (OCDE).De 2010 a 2011, James se desempeñó como Asesor Especial del entonces Director del FBI Robert S. Mueller, III, asesorando al Director y a otros ejecutivos del FBI sobre cuestiones de política criminal, preparando a la Dirección Ejecutiva del FBI para el testimonio ante el Congreso, representando al FBI en las reuniones interinstitucionales, y actuando como enlace entre el FBI y otros componentes del Departamento de Justicia.James ha sido reconocido como abogado líder en FCPA tanto nacionalmente como globalmente por Chambers USA y Chambers Global, "recomendado" para investigaciones corporativas y defensa de cuello blanco por Legal 500, un "experto" y un "líder de pensamiento" en investigaciones de Who's Who Legal, y un "Abogado que importa" por Ethisphere Institute por tener un impacto en el área de ética y cumplimiento. También recibió el Premio al Servicio Distinguido del Fiscal General Adjunto en reconocimiento por su trabajo en los juicios de Esquenazi y Duperval durante su tiempo en el Departamento de Justicia.James es profesor adjunto de defensa de juicios en el Centro de Leyes de la Universidad de Georgetown y regularmente es invitado a conferencias en las principales escuelas de derecho y de negocios sobre investigaciones, aplicación de cuello blanco y temas anticorrupción.

James M. Koukios

For 39 years at Morrison Foerster, Jack has handled complex, high-stakes litigation for high profile clients. Beginning with a patent infringement jury trial in 1991, he has handled many patent litigation matters. He led Nikon’s recently-settled worldwide patent litigation against its largest competitor, involving over 50 cases in five countries and covering semiconductor litigation and digital patent technologies. Although patent litigation has never been his exclusive practice area, Jack has been the lead in over 30 commercial arbitration matters arising from merger and acquisition transactions — including offering his deep experience in financial accounting disputes to determine the final purchase price. He has handled shareholder derivative cases — including a battle for control of U-Haul Corporation’s parent company in which the Nevada Supreme Court restated its standards for such litigation. Because of his skills in managing complex litigation, Jack was the lead lawyer for the executor of the estate of the founder of DHL securities, in which he oversaw the resolution of 30 other litigation cases regarding estate assets in six different countries.Jack also maintains a renowned public interest litigation practice. He is currently lead counsel in a major case challenging the conditions of detention for immigrants held by the Customs and Border Protection agency. In 2016, he served part-time as Policy Consultant to Office of the Secretary of Education. He was also co-lead counsel in Williams v. California, which added resources and improved accountability for K through 12 public schools statewide in California, and he has done hundreds of other impact and service pro bono cases.Jack served as Co-Chair of the national Lawyers’ Committee for Civil Rights Under Law, was Chair of the California Commission on Access to Justice, led Californians for Legal Aid, defending public funding for legal aid organizations, was President of the Consortium for the National Equal Justice Library, and has held many positions on nonprofit boards. He is a member of many committees of the American Bar Association on public service and representation of indigent clients. He has received awards for his public interest work from the Lawyers’ Committee for Civil Rights Under Law, the National Center for Youth Law, the Mexican American Legal Defense and Educational Fund, National Legal Aid and Defenders Association, the State Bar of California, and other organizations.Jack is a member of the bars of California and Arizona. He served as law clerk to the Honorable William W Schwarzer, U.S. District Court for the Northern District of California, in 1979 and 1980. In 1980, Jack became an associate with Morrison & Foerster; he became a partner of the firm in 1984, working in the San Francisco office. From 2008 through 2012, Jack practiced in the Tokyo office, then returned to San Francisco.

Jack Londen

Senior Of Counsel

Craig Martin serves as co-chair of Morrison Foerster’s Investigations + White Collar Defense and ESG + Sustainability practice groups.Craig has led dozens of internal investigations, often on behalf of audit and special committees. Though Craig most frequently assists with matters involving complex financial accounting and reporting issues, his investigations have covered a broad range of subjects, including corporate disclosures, commercial practices, scientific misconduct, commercial and foreign bribery, and misuse of company assets, among many others.In addition, Craig represents issuers involved in U.S. Securities and Exchange Commission (SEC) enforcement and U.S. Department of Justice (DOJ) investigations. Craig’s clients span various industries, including technology, healthcare and life sciences, financial services, manufacturing, real estate, and agriculture. Craig has obtained excellent results for clients, often in the wake of a serious financial accounting misstatements or disclosure failures.Craig also serves as personal counsel to executives and directors in government and internal investigations. Attuned to the scrutiny that corporate executives can face in the wake of a business setback, Craig has helped CEOs, CFOs, and general counsel successfully navigate parallel SEC, DOJ, and internal investigations.Clients have consistently praised Craig for his sound judgment, investigative experience, pragmatism, and credibility. Craig is regularly recognized by leading industry publications such as Legal 500 US in its Corporate Investigations and White Collar Defense category and Chambers USA’s (California) Litigation: White Collar Crime & Government Investigations category, where a client described Craig as “experienced, poised and patient.” He has also been named to Securities Docket’s “Enforcement Elite,” which recognizes the best securities enforcement defense lawyers in the business. In addition to representing clients, Craig served for a decade as a Firmwide Managing Partner at Morrison Foerster (2012-2022).Craig was an enforcement attorney in the SEC’s San Francisco office from 1999 to 2002. During his tenure at the SEC, he worked closely with attorneys and investigators from DOJ on both financial accounting fraud and insider trading matters. Of particular note, Craig led one of the largest insider trading cases in SEC history, in which 15 individuals were charged with illegal trading.Craig is a leading commentator on internal investigation procedures, securities litigation and enforcement, corporate governance, and compliance, and has been quoted in publications such as the Daily Journal, The Recorder, and GC Magazine. He has also been invited to speak on those topics by prominent industry organizations including the Securities Enforcement Forum, the Practising Law Institute, the Institute for Corporate Counsel, the Institute of Internal Auditors, the National Society of Compliance Professionals, and the Association of Corporate Counsel, among others.Craig earned his B.A. from the University of California, Berkeley. He received his J.D. from Stanford Law School, where he was an associate editor of The Stanford Law Review.<h4>Representative Experience</h4><ul><li>Engaged by corporate boards and management of major clients to lead investigations concerning allegations of accounting, disclosure, and commercial misconduct, including:</li><ul><li>Software company, investigating allegations of non-GAAP financial reporting misstatements.</li><li>Infrastructure construction company, investigating allegations of accounting fraud.</li><li>Software company, investigating alleged violations of the Federal Trade Commission Act.</li><li>Pharmaceutical company, investigating allegations of scientific misconduct.</li><li>Data infrastructure company, investigating allegations of financial accounting fraud.</li><li>Medical device company, investigating allegations of improper disclosures concerning defective products.</li><li>Electronics manufacturer, investigating allegations that it misled customers and violated the financial terms of contracts.</li><li>Transport network company, investigating allegations of financial accounting misconduct and whistleblower retaliation.</li><li>Cloud-based communications company, investigating allegations of financial accounting fraud.</li><li>Venture capital firm, investigating allegations that the performance of portfolio companies had been misrepresented.</li><li>Healthcare technology company, investigating allegations of financial accounting fraud, false disclosures, and commercial bribery.</li><li>Retailer, concerning allegations that finance executives had engaged in accounting misconduct.</li><li>Software company, investigating allegations of financial accounting improprieties and misstated results.</li><li>Network infrastructure company, investigating allegations of accounting fraud.</li><li>Automobile parts manufacturer, investigating allegations of accounting fraud and diversion of company assets.</li><li>Physical security company, investigating allegations of executive misuse of company funds.</li><li>Medical device company, investigating allegations of improper sales practices.</li><li>Computer networking company, investigating allegations of financial accounting fraud.</li><li>Computer hardware, networking, semiconductor, and financial companies, investigating stock option granting practices.</li></ul><li>Represented issuers in SEC and DOJ investigations, including:</li><ul><li>Semiconductor company in SEC and DOJ investigations regarding allegations of financial accounting and disclosure misconduct. The DOJ closed its investigation without taking action against our client, and the SEC resolved the matter on favorable terms.</li><li>Alternative energy company in an SEC investigation regarding the company’s accounting and reporting practices. The SEC took no action against our client.</li><li>Enterprise software company in an SEC investigation regarding alleged revenue accounting improprieties and violations of the company’s code of ethics. The SEC took no action against our client.</li><li>Enterprise software company in an SEC investigation following a multi-year restatement. The SEC resolved the case on favorable terms.</li><li>Real estate company in an SEC investigation concerning allegations of misuse of company funds and workplace misconduct. The SEC took no action against our client.</li><li>Alternative energy company in an SEC investigation following an accounting restatement. The SEC took no action against our client.</li><li>Web services provider in SEC and DOJ investigations concerning disclosures following a cybersecurity incident. The DOJ closed its investigation without taking action against our client, and the SEC resolved the matter on favorable terms.</li><li>Technology services provider in connection with an SEC investigation concerning a cybersecurity disclosure. The SEC took no action against our client.</li><li>Retailer in an SEC investigation following an accounting restatement. The SEC took no action against our client.</li><li>Cloud computing company in an SEC investigation concerning disclosures following a cybersecurity incident. The SEC took no action against our client.</li><li>Biopesticide company in an SEC investigation concerning financial accounting improprieties and a restatement. The SEC resolved the case on favorable terms.</li><li>Carrier in an investigation regarding alleged violations of the Foreign Corrupt Practices Act and other anti-bribery statutes in China, elsewhere in Asia, and Latin America. The SEC and DOJ took no action against our client.</li><li>Cybersecurity firm in an SEC investigation concerning disclosures regarding a cybersecurity incident. The SEC took no action against our client.</li><li>Network infrastructure company in an SEC investigation regarding alleged accounting improprieties following a significant restatement. The SEC resolved the matter on favorable terms.</li><li>Retailer in an SEC investigation into alleged accounting irregularities following the company’s restatement. The SEC resolved the case on favorable terms.</li><li>Pharmaceutical distributor and its executives in connection with an SEC accounting investigation. The SEC took no action against our client.</li></ul><li>Represented executives in SEC, DOJ, and Financial Industry Regulatory Authority (FINRA) investigations, including:</li><ul><li>Chief Financial Officer in connection with SEC investigation concerning IPO projections. The SEC did not charge our client.</li><li>Chief Financial Officer in connection with an SEC investigation following a technology company’s financial accounting restatement. The SEC did not charge our client.</li><li>Chief Accounting Officer in connection with an SEC investigation after a technology manufacturing company’s restatement. The SEC did not charge our client.</li><li>General Counsel and Acting CFO in connection with an SEC investigation following a software company’s restatement. The SEC did not charge our client.</li><li>General Counsel in connection with a SEC and DOJ investigations following employee benefit administration company’s restatement, disclosures, and representations to auditors. Neither the DOJ nor the SEC charged our client.</li><li>General Counsel in connection with an audit committee investigation concerning cybersecurity company’s accounting and disclosure practices. The SEC took no action against our client.</li><li>Chief Executive Officer in connection with an SEC investigation into alleged misuse of company funds. The SEC resolved the matter on favorable terms.</li><li>Multiple CEOs, CFOs, COOs, general counsel, and other executives in connection with various stock option investigations conducted by the SEC, DOJ, and boards of directors. No action was taken against our clients.</li><li>Executives in numerous insider trading investigations conducted by the SEC, DOJ, and/or FINRA.</li></ul><li>Represented bank, investment advisor, and broker-dealer clients in SEC, Federal Deposit Insurance Corporation, FINRA, Office of the Special Inspector General for the Troubled Asset Relief Program, DOJ, and private litigation matters relating to the credit crisis and mortgage‑backed securities.</li></ul>

Craig Martin

Deanne Maynard, co-chair of Morrison Foerster’s Appellate and Supreme Court practice, is widely recognized as one of the nation’s leading appellate advocates. She has argued 14 cases before the United States Supreme Court and 75 times in appellate courts across the country.In ranking Deanne in Band 1, Chambers USA reports that she is described as a “magnificent and top-notch lawyer” who is “wicked smart.” She is “extremely thoughtful, even-keeled and has a wonderful presence in the courtroom." Legal 500 calls Deanne “one of the finest advocates in the Supreme Court bar,” remarking that “if she is on your team, great. If she’s on the other side, be ready.”Deanne’s winning Supreme Court arguments involve a wide range of issues and industries, including life sciences (Sandoz v. Amgen), intellectual property (MedImmune v. Genentech), antitrust (Pacific Bell v. linkLine), financial services (Ransom v. FIA Card Services), and bankruptcy (RadLAX v. Amalgamated Bank). In Sandoz v. Amgen, the Supreme Court ruled for her client in a closely watched case involving the Biologics Price Competition and Innovation Act, which provides an approval path for biosimilars. Law360 named Deanne to its exclusive list of <a href="http://media2.mofo.com/documents/171212-mvp-deanne-maynard.pdf">Appellate MVPs</a> for this “big victory,” dubbing her a “Legal Lion” three separate times for her work on appeals in this case. LMG Life Sciences also named Deanne <a href="https://www.mofo.com/resources/news/190920-deanne-maynard-appellate-litigator-of-the-year.html">Appellate Litigator of the Year</a>.Deanne argues complex, high stakes cases in courts of appeals nationwide. Clients turn to Deanne for crisp, clear briefs and exceptional oral advocacy. Her appellate wins run a gamut of issues from arbitration to antitrust, class actions to contracts, copyright to Commerce Clause, infringement to invalidity, and securities law to statutory interpretation. Clients praise her as “an incredible oral advocate, very prepared and formidable” (Chambers USA), and “a tireless advocate with sterling client skills” (Legal 500).Deanne has particular experience in the Federal and Ninth Circuits. She has argued more than 40 appeals in the Federal Circuit, including wins for both patentees and defendants on a wide range of technologies. Chambers USA ranked Deanne in Band 1 for Intellectual Property Appeals, describing her as “renowned for her track record in bet-the-company disputes.” She also serves as Chair of the Federal Circuit’s Advisory Council, which is a conduit between the Court and the public. In the Ninth Circuit, her many wins include a decision from the en banc Court holding large parts of a California statute unconstitutional as well as a panel decision vacating a $60 million jury verdict.Deanne is annually recommended as a leading lawyer by Chambers USA, Chambers Global, Legal 500 US, and Best Lawyers in America. She is President-Elect of the American Academy of Appellate Lawyers, an invitation-only organization recognizing distinguished appellate lawyers. Deanne also serves on the Board of Trustees of the U.S. Supreme Court Historical Society and is a Master in, and Past President of, the Coke Appellate Inn of Court.Deanne is a leader within Morrison Foerster as well, chairing its partner compensation committee and serving on the firm’s leadership team.Before joining the firm, Deanne served as an Assistant to the Solicitor General at the U.S. Department of Justice for five years. She previously was a partner at another major law firm.After law school, Deanne clerked two terms on the United States Supreme Court, one for Justice Stephen Breyer and another for Justice Lewis Powell (Ret.) and Justice John Paul Stevens. Before that, Deanne clerked two years for Judge Stanley Harris on the U.S. District Court for the District of Columbia.Deanne graduated magna cum laude from Harvard Law School, where she was an editor of the Harvard Law Review. She earned a B.A. in English, with distinction, from the University of Virginia.<h4 dir="ltr">Supreme Court Arguments</h4><ul dir="ltr"><li>Sandoz v. Amgen <a href="/resources/video-audio/170426-sandoz-v-amgen" target="_self">(audio recording)</a> Involving the Supreme Court’s first foray into the Biologics Price Competition and Innovation Act</li><li>RadLAX v. Amalgamated Bank <a href="/resources/video-audio/120423-radlax-v-amalgamated-bank" target="_self">(audio recording)</a> Whether a debtor can sell a secured asset free and clear without permitting the lienholder to credit-bid</li><li>Pacific Bell v. linkLine <a href="/resources/video-audio/081208-pacific-bell-v-linkline" target="_self">(audio recording)</a> Whether Section 2 of the Sherman Antitrust Act permits a price squeeze claim in the absence of a duty to deal</li><li>MedImmune v. Genentech <a href="/resources/video-audio/061004-medimmune-v-genentech" target="_self">(audio recording)</a> Whether a patent licensee must breach a license agreement before seeking a declaration of patent invalidity</li><li>Ransom v. FIA Card Services <a href="/resources/video-audio/101004-ransom-v-fia-card-services" target="_self">(audio recording)</a> Involving when a debtor without lease payments may take a car-ownership deduction</li><li>EC Term of Years Trust v. U.S. Whether the federal tax code relegates a trust to a wrongful levy action as its exclusive remedy</li><li>Marshall v. Marshall Involving the scope of the probate exception to federal jurisdiction</li><li>U.S. v. Olson Involving the federal government’s sovereign immunity under the Federal Tort Claims Act</li><li>Wilkinson v. Austin Whether the procedures governing placement of prisoners in supermax prison satisfied due process</li><li>Greenlaw v. U.S. Involving the power of the court of appeals in the absence of a cross-appeal</li><li>Dean v. U.S. Whether the accidental discharge of a firearm during a robbery results in a mandatory minimum prison term</li><li>Carcieri v. Salazar Involving the Secretary of the Interior’s authority to take land into trust for Indians</li><li>Boulware v. U.S. Whether a profitless corporation’s diversion of funds to a shareholder was nontaxable</li><li dir="ltr">Watson v. U.S. Whether trading drugs for a firearm was “using” a firearm “during and in relation” to a drug trafficking crime</li></ul><h4 dir="ltr">Representative Appellate Arguments</h4><ul dir="ltr"><li>In re Cirba (Fed. Cir.) <a href="/resources/video-audio/210903-in-re-cirba" target="_self">(audio recording)</a> Successfully defeated attempt to revive a jury’s patent infringement verdict against VMware</li><li>Phigenix v. Genentech (Fed. Cir.) <a href="/resources/video-audio/170426-phigenix-v-genentech" target="_self">(audio recording)</a> Secured noninfringement judgment for Genentech</li><li>Zabriskie v. Fannie Mae  (9th Cir.) <a href="/resources/video-audio/181018-zabriskie-v-fannie-mae" target="_self">(video)</a> Won reversal for Fannie Mae of a Fair Credit Reporting Act judgment</li><li>Washington University v. Wisconsin Alumni Research Foundation (3d Cir.) <a href="/resources/video-audio/161108-washington-university-v-wisconsin-alumni" target="_self">(audio recording)</a> Obtained reversal for Washington University in suit for royalties due under contract with WARF</li><li>Nevro v. Boston Scientific (Fed. Cir.) <a href="/resources/video-audio/191202-nevro-v-boston-scientific" target="_self">(audio recording)</a> Won reversal of district court judgment of invalidity for indefiniteness</li><li>National Business Aviation Assoc. v. Huerta (D.C. Cir.) <a href="/resources/video-audio/180514-aviation-v-huerta" target="_self">(audio recording)</a> Successfully defended the City of Santa Monica against a challenge to its settlement with the FAA about its municipal airport</li><li>C.R. Bard v. Angiodynamics (Fed. Cir.) <a href="/resources/video-audio/200601-cr-bard-v-angiodynamics" target="_self">(audio recording)</a> Won reversal of district court judgment of noninfringement, no willfulness, and invalidity, reviving client’s infringement case on three patents</li><li>Flores v. UPS & Pocino Foods v. UPS (Consolidated) (9th Cir.) <a href="/resources/video-audio/190409-flores-v-ups" target="_self">(video)</a> Secured judgment for UPS on two putative RICO and breach-of-contract class actions about its Next Day Air services</li><li>Residential Capital v. Federal Housing Finance Agency (2d Cir.) Successfully obtained a remand in a case stemming from the ResCap bankruptcy</li><li>BASF v. Johnson Matthey (Fed. Cir.) <a href="/resources/video-audio/171005-basf-argument" target="_self">(audio recording)</a> Won reversal of an invalidity ruling against patentee BASF, reviving its patent claims</li><li>Holl v. U.S. District Court (9th Cir.) <a href="/resources/video-audio/190419-holl-v-us-district-court" target="_self">(video)</a> Defeated a mandamus petition against UPS, successfully defending its arbitration provision containing a class-action waiver</li><li>Interactive Digital Software Association v. St. Louis County, Missouri (8th Cir.) Successfully argued a First Amendment challenge to an ordinance regulating video games</li><li>In Re: Tremont Securities Law (2d Cir.) Secured dismissal for a major accounting firm of a putative class action regarding a Madoff-related fund</li><li>Estate of Graham v. Sotheby’s (9th Cir.) (en banc) <a href="/resources/video-audio/141216-estate-of-graham-v-sothebys" target="_self">(audio recording)</a> Won invalidation under the Commerce Clause of parts of a California artist resale royalty law</li><li>In re ATM Fee Antitrust Litigation (9th Cir.) <a href="/resources/video-audio/111206-atm-fee-antitrust-litigation" target="_self">(audio recording)</a> Prevailed in a putative nationwide antitrust class action against one of the largest U.S. ATM networks</li><li>Augme Technologies v. Yahoo! (Fed. Cir.) <a href="/resources/video-audio/131205-augme-technologies-v-yahoo" target="_self">(audio recording)</a> Secured a noninfringement judgment for Yahoo! in a suit involving Internet display advertising</li><li>Lower Elwha Klallam Indian Tribe v. Lummi Nation (9th Cir.) <a href="/resources/video-audio/170830-lummi-nation-argument" target="_self">(video)</a> Won a reversal for the Lummi Nation, reclaiming its historic treaty rights</li><li>Warsaw Orthopedic v. NuVasive (Fed. Cir.) <a href="/resources/video-audio/141201-warsaw-orthopedic-v-nuvasive" target="_self">(audio recording)</a> Obtained vacatur of a jury’s $101 million patent damages award</li><li>Momenta v. Amphastar (Fed. Cir.) <a href="/resources/video-audio/150504-momenta-v-amphastar" target="_self">(audio recording)</a> Successfully argued for a patentee that conduct was unprotected by the Hatch-Waxman Act safe harbor</li><li dir="ltr">Neurovision Medical Products v. NuVasive (9th Cir.) <a href="/resources/video-audio/120605-neurovision-medical-products-v-nuvasive" target="_self">(audio recording)</a> Obtained vacatur of a jury’s $60 million trademark verdict</li></ul>

Deanne E. Maynard

Eric Akira Tate co-chairs the firm’s Global Employment and Labor Group. He represents technology and other companies in bet-the-company trade secrets and employee mobility cases. Eric also represents boards of directors and companies in #MeToo and other sensitive internal investigations and disputes with executives, whistleblower, wrongful termination, discrimination and harassment, and other employment litigation.Eric also advises companies in employment law compliance and transactional matters, including restrictive covenants and other personnel policies and procedures, and employment aspects of mergers and acquisitions throughout the United States and globally.Eric’s recent board of directors and executive dispute matters include: defending a publicly traded UK company in the defense of a wrongful termination suit by the former CEO of its U.S. subsidiary; representing a TSX-traded Canadian company in wrongful termination and other claims alleged by two terminated C-suite executives; represented a publicly traded Japanese investment firm in separation of a C-suite executive; represented a publicly traded Japanese healthcare company in the separation of the CEO and 20+ other U.S. executives, including defense of several wrongful termination and discrimination claims; and represented a publicly traded Fortune 200 technology company in investigation of discrimination and harassment claims against a C-suite executive, who subsequently resigned without incident. Regarding trade secrets and employee mobility issues, Eric represented Uber in its diligence investigation as part of its acquisition of Ottomotto, the autonomous vehicle startup founded by former Google engineers. He then helped lead Uber’s defense of the subsequent patent infringement and trade secrets misappropriation suit, which settled several days into trial in February 2018. In addition to technology companies, Eric has handled similar matters for companies across many industries, including, but not limited to, Williams Sonoma v. Restoration Hardware, International Lease Finance Co. v. Air Lease Corporation, Melaleuca, Inc. v. Shaklee Corporation, and New Century Mortgage v. Encore Credit.Most recently, Eric was recognized by Chambers USA for Labor & Employment, again by Best Lawyers as a leading lawyer in employment law, again by the Daily Journal as one of California’s Top Labor and Employment Lawyers and Top Trade Secrets Lawyers, again by Benchmark Litigation as a Labor and Employment Star, and again named to Law360’s 2023 EA Discrimination Editorial Advisory Board. Eric was elected as a Fellow of the College of Labor and Employment Lawyers in 2021.Eric is committed to advancing diversity, equity, and inclusion at the firm and development of the legal profession generally. Eric has served on the firm’s Diversity Strategy Committee since its inception and is a past co-chair. Eric is a former hiring partner for the Palo Alto office and past member of the firmwide Pro Bono and Litigation Evaluations Committees. Eric serves on the Points Committee for the firm. Eric serves as a partner sponsor for multiple affinity groups at the firm and as a formal and informal mentor to associates around the firm. Eric is a leader in the American Bar Association’s (ABA’s) Labor and Employment (LEL) Section and LEL’s Employment Rights and Responsibilities (ERR) Committee. Eric is serving his second term on the governing Council (Board of Directors) for the LEL Section. Eric serves as co-chair of ERR’s Covenants Not to Compete and Trade Secrets Subcommittee. Eric is a past co-chair of the ABA LEL Annual Meeting Committee, the LEL Section Annual CLE Conference, and ERR’s Alternative Dispute Resolution, Employment At-Will and Collateral Torts, and Worker Dislocation Subcommittees. He also has served on the Planning Committee for the National Employment Law Council’s Annual Conference.For nearly 15 years, Eric has served as a mediator for the Northern District of California’s Alternative Dispute Resolution Program, handling employment discrimination and harassment, wrongful termination, trade secrets and employee mobility, and other employment-related and disability matters.Additionally, Eric is a thought leader in various employment law areas and recognized authority in trade secrets and employee mobility. He serves on the Board of Review for leading BNA treatises Trade Secrets: A State-by-State Survey; Covenants Not to Compete; Employee Duty of Loyalty; and Tortious Interference in the Employment Context. He is author of “Protecting Investment in IP and People” in Today’s General Counsel; “SCOTUS Poised to Resolve Circuit Split on SOX Federal Whistleblower Standard and Other Statutes” in the Daily Journal; “Workplace Bias and Gender Pay Equity in the Silicon Valley” in LJN Employment Law Strategist; “Trade Secrets and the Activision Case: Lessons for Employers and Employees” in the IP Litigator; “Protect Your Investments: Recent Developments in California Law Regarding Non-competition Agreements and Other Restrictive Covenants” in NVCA Today; “Microinequities: Can Bad Behavior Be Actionable?” in National Law Journal; “The When, Who and How of Workplace Investigations” in The Practical Litigator; and “California Raises Bar for Employers Again: Gender Pay Bias Claims Set to Take Off with New Gender Pay Equity and Anti‑Discrimination Law” in Bloomberg BNA Daily Labor Report.Eric is active in community endeavors. He founded and is a former president of the Board of Directors of Hapa Issues Forum, Inc., a nonprofit community organization that addresses issues relating to persons of partial Asian descent. Eric is a past president of the Board of Directors of the Japanese Cultural and Community Center of Northern California. He also is a member of the INROADS Alumni Association, The National Black Lawyers Top 100, the 100 Black Men of the Bay Area, Inc., and he has served as a mentor for students in the Level Playing Field Institute’s IDEAL Scholars Program.A representative sampling of Eric’s key matters is further below.<h4 dir="ltr">Trade Secrets and Employee Mobility Litigation</h4><ul dir="ltr"><li>Defending leading multi-cloud security and application management company in federal court lawsuit by competitor alleging trade secrets misappropriation, various employment-related contract and tort claims, and copyright and trademark violations based on alleged conduct in Russia and California.</li><li>Represented industry-leading enterprise data cloud company in multiple trade secrets and employee mobility lawsuits against former employees and competitor, including obtaining TRO on behalf of client enforcing restrictive covenants against Georgia employee and successfully opposing motions to dismiss and motions to stay in various actions.</li><li>Represented leading shared electric vehicle company in federal court lawsuit alleging against its former head of supply engineering and his new employer trade secrets misappropriation and related claims involving the downloading of thousands of our client’s files upon resignation.</li><li>Represented Springshot in federal court lawsuit to invalidate non-competition agreement that the former employer, Georgia-based INFORM Software, of its newly hired Chief Commercial Officer, sought to enforce to bar the CCO from working for Springshot. </li><li>Represented veterinary orthopedics client in federal court lawsuit against the founder of an acquired company over the enforcement of restrictive covenants, resulting in entry of a permanent injunction enforcing our client’s non-compete agreement against the founder.</li><li>Represented leading cloud computing and virtualization technology company in breach of duty and breach of contract lawsuit against departed executive.</li><li>Represented Fortune 50 corporation in trade secret and employee- and customer-raiding lawsuit against former co-founder and top executives who launched a competing business that achieved a nearly $1 billion IPO.</li><li>Represented international virtualization software company in trade secret misappropriation and employee- and customer-raiding lawsuit against several former executives.</li><li>Represented North American provider of IT solutions and services in series of lawsuits across the United States to combat alleged employee- and customer-raiding activities by competitor.</li><li>Defended investment bank in lawsuit involving enforceability of departing executive’s post-termination non‑competition agreement.</li><li>Represented pharmaceutical company in trade secret misappropriation lawsuit against former finance employee.</li><li>Represented international video game maker in trade secret misappropriation lawsuits against former executives and new competing business.</li><li>Defended national mortgage company in trade secret misappropriation and employee- and customer-raiding lawsuit filed by competitor.</li><li dir="ltr">Defended North American home furnishings retail chain in trade secret misappropriation and employee‑raiding lawsuit filed by competitor.</li></ul><h4 dir="ltr">Board of Directors, Investigations, and Whistleblower and other Employment Dispute Matters</h4><ul><li>Represented board of directors of NASDAQ-traded technology company in negotiation of CEO employment agreement.</li><li>Represented board of directors of publicly traded energy company in negotiation of separation agreement with CEO in context of proxy fight with activist investor.</li><li>Represented Fortune 500 semiconductor company in negotiation of separation agreement of incumbent CEO and employment agreement with new CEO.</li><li>Represented Japanese exchange listed healthcare company in the separation of its CEO and 20+ other U.S. executives, including defense of several wrongful termination and discrimination claims.</li><li>Represented Japanese exchange listed investment firm in separation of a C-suite executive.</li><li>Representing Canadian exchange listed company in wrongful termination and other claims alleged by two terminated C-suite executives.</li><li>Defending U.K. exchange listed company in the defense of federal court wrongful termination suit filed by the former CEO of its U.S. subsidiary.</li><li>Represented publicly traded Fortune 200 technology company in investigation of discrimination and harassment claims against C-suite executive, who subsequently resigned without incident.</li><li>Obtained complete defense award on behalf of technology company in suit filed by former co-founder alleging that the company failed to repurchase upon termination restricted stock valued at more than $5 million.</li><li>Defended pre-IPO biotech company in wrongful termination suit by former co-founder and CEO terminated by board of directors.</li><li>Advised board of directors of leading IT infrastructure company in termination of CEO and CFO of U.S. subsidiary after misconduct investigation and represented board of directors in follow-on wrongful termination claims by CEO and CFO.</li><li>Investigated claims by in-house lawyer that public technology company executives engaged in sexual harassment and national origin discrimination and represented company in successful pre-litigation resolution of claims.</li><li>Investigated and advised board of directors of pre-IPO biotech company on #MeToo allegations regarding top executives.</li><li>Represented publicly traded pharmaceutical industry company in investigation and resolution of whistleblower claims by CFO.</li><li>Obtained complete dismissal in favor of publicly traded gig economy company of discrimination and wrongful termination claims by alleged whistleblower engineer.</li><li>Obtained complete walkaway voluntary dismissal of sexual harassment and discrimination claims by former accounting employee against venture capital and property management company after years of litigation.</li><li>Represented publicly traded technology company in investigation and resolution of alleged revenue and expense reimbursement irregularities involving top sales executive.</li><li>Defended venture capital fund in pregnancy discrimination and restrictive covenant lawsuit by former partner.</li><li>Defended leading corporate social responsibility company in whistleblower and employment discrimination suit filed by former finance executive.</li><li>Defended international laser and fiber-optics company in suit alleging fraud regarding stock options.</li><li>Defended international video game maker in whistleblower and employment discrimination suit filed by former executive.</li><li>Represented top human resources executive officer in discrimination and retaliation lawsuit premised on alleged toxic workplace culture.</li></ul><h4 dir="ltr">Representative Non-Litigation and Transactional Matters</h4><ul><li>Represented founder of private technology company in negotiation of employment agreement with board of directors.</li><li>Represented CEO in negotiation of executive employment agreement with publicly traded biotech company.</li><li>Represented former Managing Partner in separation from iconic Silicon Valley venture capital firm.</li><li>Represented pre-IPO company CEO/Founder in investigation and defense of potential securities fraud claims.</li><li>Represented minority-shareholder executives in negotiation of employment agreements with foreign buyer of company.</li><li>Revised nationwide restrictive covenant agreements for publicly traded technology company.</li><li>Advised leading venture capital fund on restrictive covenants strategy for fund managers.</li><li>Advised leading technology investment fund in worldwide reduction in force.</li><li>Advised leading digital operations management company in worldwide reduction in force.</li><li>Represented clients in employment aspects of buy-side and sell-side M&A transactions across the world with deal sizes ranging from several billion to millions of dollars.</li></ul><h4 dir="ltr">Wage-and-Hour Class and Representative Actions</h4><ul><li>Defended construction company in purported class action for failure to comply with California wage laws.</li><li>Defended international technology company in collective action alleging failure to accurately pay wages to technicians across the United States.</li><li>Defended national restaurant chain in class action regarding alleged failure to comply with California uniform and other wage laws for 10,000 employees.</li><li>Defended international engineering and construction company in class action regarding alleged failure to comply with California overtime laws.</li><li>Defended landscaping company in class action regarding alleged failure to comply with California meal- and rest-period laws.</li><li>Defended individual directors of bankrupt technology company in suit by former employees for unpaid wages.</li></ul>

Eric Tate

Co-Chair, Global Employment and Labor Practice

Purvi G. Patel is the former managing partner of the Los Angeles office.Purvi represents retail, e-commerce, and other consumer-oriented businesses in significant advertising, unfair competition, consumer fraud, and privacy matters. She has built a robust practice advising household names on various compliance issues and defending them in complex and class action litigation in federal and state courts across the country, winning motions to dismiss, defeating class certification, and securing summary disposition in several multi-million dollar lawsuits. Purvi is a strategic and practical thinker who is in tune with her clients’ priorities, which leads to successful outcomes both inside and outside the courthouse.Practice Leader. Purvi has a defined niche that cuts across the firm’s Consumer Litigation, Class Actions, and Privacy + Data Security Groups. With a focus on businesses’ collection of personally identifiable information (PII), Purvi is a recognized leader in defending lawsuits involving the collection, use, and disclosure of PII. In addition, due to her vast experience handling class action litigation for clients across sectors, Purvi has notched significant victories for industry-leading companies, including securing summary judgment and defeating class certification in some of the most plaintiff-friendly jurisdictions nationwide.Owing to her extensive litigation experience, Purvi is uniquely positioned to counsel clients on compliance with established and emerging laws and regulations, including the potential privacy implications of business practices relating to the collection of PII. Purvi is the firm’s expert regarding California’s Song-Beverly Credit Card Act and analog statutes in effect in other states, and she is at the forefront of the California Consumer Privacy Act of 2018 (CCPA), the most expansive piece of privacy legislation in U.S. history. Purvi was among the first lawyers to issue a comprehensive alert on its passage and presented a “concise, efficiently laid out, informative and practical” webinar on key compliance measures that drew more than 900 attendees. As a result of her demonstrated expertise, Purvi is advising a number of household name companies across multiple industries on the CCPA’s operational impact.Purvi is also committed to the firm’s pro bono initiatives and has worked on a number of pro bono matters during her tenure at the firm. Most recently, she represented an interfaith coalition of more than 50 religious organizations as amici in various cases challenging the 2017 “travel ban” Executive Orders. In 2014, Purvi successfully argued a Ninth Circuit appeal on behalf of a U.S. citizen who was wrongfully subjected to two years of pre-trial detention as a result of a detainer imposed by U.S. Immigration and Customs Enforcement (Mendia v. Garcia, 768 F.3d 1009 (9th Cir. 2014)).Firm Leader. Purvi is committed to advancing diversity at Morrison & Foerster. For more than five years, she served as the Co-Chair of the firm’s Diversity Strategy Committee. During her tenure, Purvi contributed significantly to the Committee’s success, including achieving Mansfield Certification Plus four times, implementing a LGBTQ+ Gender Inclusive Policy, and launching MoFo’s innovative Allies Network. She was the firm’s Leadership Council on Legal Diversity (LCLD) Fellow in 2014 and remains active in the organization as an alumna. In addition, Purvi served as hiring partner for the Los Angeles office between 2015 and 2023.Community Leader. Purvi is also actively engaged in the community. In 2019, she was a founding board member of Legal Education Access Pipeline (LEAP), a fellows program dedicated to increasing access to legal education for underrepresented populations.  She has also been working with “Just the Beginning – A Pipeline Organization” (JTB) since 2015 when she joined an inaugural steering committee of judges, in-house and outside counsel, and educators to launch a Los Angeles-based Summer Legal Institute. She is a past co-president of the South Asian Bar Association of Southern California (SABA-SC), and in 2023, was honored with its Trailblazer award. She was selected for her “trailblazing efforts which have paved the way for a more inclusive and representative profession” and “her commitment to breaking barriers in the legal profession.” In 2019, Purvi was named SABA-SC’s Mentor of the Year.Representative Matters<ul><li>Privacy Class Action Litigation. Defending software development company in two putative class actions brought under state common law based on alleged violations of the federal Children’s Online Privacy Protection Act. Obtained dismissal of putative privacy class action against Southern California grocery store chain, which was affirmed on appeal. </li><li>Class Action Litigation Relating to Consumer PII. Represented national retailers in more than 30 California Song-Beverly Credit Card Act and Massachusetts’ Song-Beverly analog matters arising out of the alleged collection of PII, securing favorable settlements or walkaways for many following early negotiations with plaintiffs’ counsel. Trial attorney for national retailers in two Song-Beverly class actions. For Target Corporation, led pre-MDL team coordinating and managing responses to single-plaintiff and putative class action complaints filed in wake of data breach.</li></ul><ul><li>False Advertising and Consumer Class Action Litigation. Defeated class certification for household-name companies in numerous matters involving consumer protection claims arising out of alleged misrepresentations and omissions as well as lawsuits brought under unfair competition, false advertising, and product liability laws. Also obtained dismissals at the pleadings stage in cases alleging unfair, unlawful, and fraudulent marketing and advertising practices.</li></ul>