James K. Rothstein

Counsel

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James Rothstein is a skilled attorney who specializes in commercial litigation, white collar defense and corporate investigations. He counsels companies facing business disputes and provides strategic counseling on complex and sensitive internal investigations and investigations by federal and state enforcement authorities, as well as related civil litigation against corporate officers and directors.

James has represented leading companies in the technology, hospitality, and financial-services industries in disputes arising from trade secret misappropriation, alleged product defects, executive poaching, and other complex issues.

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Admissions

Bar Admissions

  • California

Court Admissions

  • US Court of Appeals, Third and Tenth Circuits

Education

  • University of Pennsylvania, J.D.: magna cum laude; Order of the Coif; Comments Editor, University of Pennsylvania Law Review; Chair, Moot Court Board 
  • Colgate University, B.A., History (high honors) & Classics: magna cum laude; Phi Beta Kappa

Professional Activities

Clerkships

  • Honorable Harris Hartz, US Court of Appeals, Tenth Circuit

Internships

  • Honorable Colleen McMahon, US District Court, Southern District of New York

Fellowships

  • Honorable Artur Davis, US House of Representatives

Author

  • "Unilateral Settlements and Retroactive Transfers: A Problem of Copyright Co-ownership," University of Pennsylvania Law Review (2009)
  • Represented a multi-national consumer technology company in a trade secret dispute and related executive poaching claims; obtained summary judgment on the eve of trial (Cal. Superior Court)
  • Representing a major pharmaceutical, medical device and consumer products company in products-related litigation arising from talc products; claims dismissed and affirmed by circuit court (D.N.J.; 3rd Cir.)
  • Representing an international pharmaceutical corporation in litigation alleging trade secret misappropriation and related business torts, as well as in a parallel investigation by the DOJ (N.D. Cal.)
  • Representing a multi-national consumer technology company in civil litigation alleging misappropriation of trade secrets and anti-competitive actions (Cal. Superior Court)
  • Representing a multi-national consumer technology company in class action litigation arising from an alleged defect in laptop computer products (Cal. Superior Court)
  • Representing a multi-national consumer technology company in civil antitrust class action for alleged “no-poach” agreements (N.D. Cal.)
  • Representing an international hotel chain in breach of contract disputes and civil antitrust litigation (Cal. Superior Court)
  • Representing the maker of a major search and analytics engine in copyright litigation against a competitor (N.D. Cal)
  • Represented the maker of a major search and analytics engine in asserting trademark infringement and false advertising claims against a large cloud computing company (N.D. Cal.)
  • Representing a national governing body of a team sport in asserting breach of contract and trademark infringement claims against a former partner (D. Colo.)
  • Conducting an internal investigation on behalf of a multinational ride-hailing company in an FCPA investigation and represented the company before the DOJ, which declined to proceed with an enforcement action
  • Conducting a large-scale internal investigation on behalf of the audit committee for a global gaming and integrated resort company stemming from alleged FCPA violations in Macau and China
  • Representing multiple corporations, special board committees, and individuals in investigations of potential violations of federal law, state law, or company policies