J’S PRACTICE FOCUSES ON SECURITIES LITIGATION, TRADE SECRET AND UNFAIR COMPETITION LITIGATION, ANTITRUST, AND COMPLEX COMMERCIAL LITIGATION.
J is a partner in the Trial Group, the Co-Chair of the firm’s global China Litigation Practice Group and is the former Co-Chair of the firm’s Securities Litigation and Enforcement Practice Group.
J’s securities litigation experience is extensive and varied. He actively represents clients in large securities class action lawsuits and other complex securities litigation involving, among other things, public offerings, private placements, corporate takeovers, and officer and director liability. Clients represented in these matters include issuers, underwriters, accountants, limited partnerships and general partners, officers and directors. His experience also includes representing broker-dealers, investment advisors, and trust companies in court and arbitration actions throughout the country, as well as with regulatory investigations before the Securities and Exchange Commission, FINRA, and other federal and state regulators.
J’s practice also concentrates in trade secret and unfair competition litigation, as well as other complex commercial and consumer rights disputes including claims involving the antitrust laws, RICO, and consumer rights statutes. He has tried cases throughout the country in these areas. His significant trial experience includes:
- Three multi-week federal court jury trials involving claims of securities fraud, conspiracy, and RICO violations;
- A multi-week federal jury trial alleging antitrust and bank anti-tying allegations;
- A multi-week federal jury trial alleging violations of the Lanham Act;
- Several jury and non-jury trials in state and federal courts involving trade secrets and unfair competition; and
- Numerous FINRA arbitrations involving multi-million dollar customer claims and competitor raiding claims
Education & Admissions
Washington University School of Law - St. Louis (J.D., 1974), summa cum laude, Order of the Coif
Board of Editors, Washington University Law Quarterly, 1973-1974
St. Olaf College (B.A., Economics, 1971)
- U.S. Supreme Court of Minnesota
- U.S. Supreme Court
- U.S. Courts of Appeals for the Third, Seventh, Eighth, Ninth and Tenth Circuits
- U.S. District Courts for the District of Minnesota, Eastern District of Wisconsin, Central Districts of Illinois and the Eastern District of Michigan
- Town of Davie Police Officers Retirement System, et al. v. RightNow Technologies, Inc., et al.: This putative class action sought to enjoin RightNow’s merger into Oracle Corporation. Plaintiffs later amended their complaint to seek damages arising from what they claimed to be fraudulent misrepresentations in the proxy solicitation materials. J and his team successfully derailed the putative class's efforts to enjoin the tender offer and obtained a dismissal of the amended complaint on a motion to dismiss.
- Spring Partners, LLC, etc., et al. v. Beatty, [etc.], Endocardial Solutions, Inc. and St. Jude Medical, Inc.: This putative class action sought to enjoin St. Jude's tender offer to acquire Endocardial in a friendly merger and to recover damages should it proceed. J and his team successfully defeated the putative class's motion to enjoin the tender offer and obtained a dismissal of the case on a motion for summary judgment.
- In re Municipal Derivatives Antitrust Litigation: J and his team currently represent a defendant in the multi-district litigation pending in the United States District Court for the Southern District of New York. There, the putative class of municipal bond issuing municipalities alleges that a group of defendants conspired to rig bids for municipal derivatives in violation of section 1 of the Sherman Act, 15 U.S.C. § 1.
- In the Matter of U. S. Bancorp Piper Jaffray Inc.: The State Auditor & Commissioner of Securities for the State of Montana sought extensive fines and penalties for alleged wrongdoing in the handling of client accounts. After an internal investigation, J successfully negotiated with the State Auditor & Commissioner of Securities, in-part through a multi-day mediation, and achieved a very favorable settlement.
- In the Matter of Davidson Trust Company, Office of Thrift Supervision (2005), and In Re Mutual Fund Litigation, MDL Docket: J and his team represented Davidson Trust Company and D.A. Davidson in connection with investigations commenced by the Office of Thrift Supervision, the NASD, the SEC, and the State of New York, through its Attorney General, into Davidson's alleged late day trading and market timing of mutual fund shares. After an internal investigation, J obtained a very favorable settlement with the OTS without any repercussions for the Company’s officers or directors, and convinced the NASD, the SEC, and the State of New York to cede to the OTS's jurisdiction. When the Company was sued for damages in the multidistrict, consolidated class actions, J obtained a dismissal of the complaint against the Company with prejudice.
- In re National Arbitration Forum Trade Practices Litigation: This MDL’d class action litigation alleged various consumer rights violations, including violations of RICO, the Minnesota Prevention of Consumer Fraud Act, the Minnesota Unlawful Trade Practices Act, and the Minnesota Uniform Deceptive Trade Practices Act. After successful motion practice and discovery, J and his team obtained a very favorable settlement.
- The People of the State of California v. National Arbitration Forum: This related litigation brought by the City of San Francisco under California’s private attorney general statute, alleged violations of California’s Business and Professions Code section 17200 and sought life-threatening remedies against our client. After extensive discovery and motion practice before the San Francisco Superior Court, J and his team negotiated a favorable, modest settlement of the claims.
- Wildlife Research Center, Inc. v. Robinson Outdoors, Inc.: J and his team successfully prosecuted a federal Lanham Act claim against one of its client’s competitors. After a five-week trial, the jury returned a verdict for our client for $4.80 million. The federal court sustained the verdict, adding prejudgment interest and an injunction.
- In re Touch America ERISA Litigation: J and his team defended named fiduciaries in an ERISA class action involving claims of breach of fiduciary duty with damages alleged to exceed $120 Million. After extensive litigation, he and his team obtained a very favorable settlement.
- Brent Williams, as Plan Trustee for Touch America Holdings, Inc. etc. v. Gannon, et al.: J and his team defended the directors of a company from breach of fiduciary duty claims, which arose from a complex merger and the company’s eventual bankruptcy. The company’s bankruptcy trustee pursued extensive damages in derivative litigation alleging breaches of fiduciary duty. After extensive discovery and motion practice before a hostile forum, the lawsuit was successfully settled for far less than D&O policy limits.
- Johnstone v. First Bank National Association: J and his team represented a national bank against claims alleging violations of the bank anti-tying laws, fraud, and breaches fiduciary duty. J obtained dismissal of the anti-tying claims on summary judgment and dismissal of the remaining claims after a 4-week jury trial on the court’s granting of motion for judgment as a matter of law.
- Gross v. Lurie, et al. J and his team litigated and tried an 8-week jury trial in the District of Minnesota defending against claims involving RICO violations, fraud, conversion, and accounting malpractice. The jury returned a favorable verdict for the defense, dismissing the RICO and accounting malpractice claims in their entirety.
News & Resources
News & Press Mentions
Events & Speaking Engagements
- J has written and spoken extensively on the topics of securities and trade secret and unfair competition litigation. He has spoken each of the last four years at the Securities & Financial Markets Association (SIFMA) Annual Law & Compliance conference.
- Securities and Exchange Commission Guidance on Cybersecurity and Incident Disclosure, West LegalEdcenter Nationwide Webinar (May 2013) Download pdf of presentation
Industries & Practices
- Antitrust & Competition Law
- Class Action Litigation
- Government Enforcement & Corporate Investigations
- Legal Project Management
- Mergers & Acquisitions
- Securities & Financial Services Litigation & Enforcement