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.
In 2019, James received O’Melveny’s highest honor, the Warren Christopher Values Award, which recognized his commitment to excellence, leadership, and citizenship. James also devotes significant time to a dynamic pro bono practice, and has represented pro bono clients in civil and criminal litigation as well as in immigration matters.
- 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.
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
Honors & Awards
- Recommended by The Legal 500 US for Trade Secrets (Litigation & Non-Contentious Matters) (2022)
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)