James K. Rothstein


Thank you for your interest. Before you communicate with one of our attorneys, please note: Any comments our attorneys share with you are general information and not legal advice. No attorney-client relationship will exist between you or your business and O’Melveny or any of its attorneys unless conflicts have been cleared, our management has given its approval, and an engagement letter has been signed. Meanwhile, you agree: we have no duty to advise you or provide you with legal assistance; you will not divulge any confidences or send any confidential or sensitive information to our attorneys (we are not in a position to keep it confidential and might be required to convey it to our clients); and, you may not use this contact to attempt to disqualify O’Melveny from representing other clients adverse to you or your business. By clicking "accept" you acknowledge receipt and agree to all of the terms of this paragraph and our Disclaimer.


James Rothstein is an experienced and versatile attorney who specializes in complex business litigation, white collar defense, and corporate investigations. He counsels companies facing critical business disputes and provides strategic guidance on complex and sensitive internal investigations and investigations by federal and state enforcement authorities. 

James’ clients span a variety of industries, including leading companies in the technology, hospitality, and financial-services sectors. He has experience in a wide range of matters, including trade secret and intellectual property theft, executive misconduct, contract disputes, antitrust claims, alleged violations of the Foreign Corrupt Practices Act (FCPA), and other complex disputes. He has litigated in federal and state courts throughout the country and routinely handles cross-border investigations.


Honors & Awards

  • Recommended by The Legal 500 US for Trade Secrets (Litigation & Non-Contentious Matters) (2022)


Bar Admissions

  • California

Court Admissions

  • US Court of Appeals, Third and Tenth Circuits


  • 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


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


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


  • Honorable Artur Davis, US House of Representatives


  • "Unilateral Settlements and Retroactive Transfers: A Problem of Copyright Co-ownership," University of Pennsylvania Law Review (2009)
  • Obtained summary judgment on the eve of trial for a multi-national consumer technology company against claims that it stole plaintiff’s trade secrets, poached executives, and raided its engineering team.
  • Won a complete dismissal for a major pharmaceutical, medical device and consumer products company in products-related litigation arising from talc products; represented the company on appeal to the Court of Appeals, which affirmed the dismissal.
  • Defending an international biotechnology corporation in litigation alleging trade secret misappropriation, executive misconduct, and related business torts. Representing the corporation in a parallel investigation by the DOJ.
  • Successfully defended a multi-national consumer technology company in civil litigation alleging misappropriation of trade secrets and anti-competitive conduct.
  • Conducted a cross-border investigation on behalf of a multinational ride-hailing company facing allegations of violations of the FCPA and other federal laws. Successfully represented the company before the DOJ, which declined to proceed with an enforcement action.
  • Representing the maker of a major search and analytics engine in copyright litigation against a competitor.
  • Representing the maker of a major search and analytics engine in asserting trademark infringement and false advertising claims against a large global cloud computing company.
  • Prevailed in federal court and in arbitration in litigation on behalf of a national governing body of a team sport in asserting breach of contract and trademark infringement claims against a former partner. 
  • Conducted a large-scale, cross-border 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.
  • Counseled a multi-national consumer technology company in class action litigation arising from an alleged defect in laptop computer products.
  • Defended a multi-national consumer technology company facing antitrust class action claims for alleged “no-poach” agreements.
  • Represented an international hospitality chain in multiple lawsuits against breach of contract and civil antitrust claims; favorably resolved both lawsuits before undergoing significant discovery.
  • Represented multiple corporations, special board committees, and executives in investigations of violations of federal law, state law, or company policies.