James L. McGinnis

James McGinnis is a partner in the Antitrust and Trade Regulation Practice Group in the firm's San Francisco office.  Mr. McGinnis was formerly an Assistant United States Attorney for the Eastern and Central Districts of California, serving in the Criminal Division from 1984-1988.

Areas of Practice

Mr. McGinnis specializes in complex litigation and white collar criminal matters.  His complex litigation experience has focused on antitrust, securities and mass tort matters.  His white collar defense practice includes internal investigations and compliance reviews as well as criminal defense.  He serves as U.S. national counsel directing the defense of criminal and civil litigation for leading international businesses in a wide variety of industries.

Mr. McGinnis is an accomplished trial lawyer and has extensive first chair jury trial experience in complex civil and criminal matters and major mass tort cases. 

Mr. McGinnis has defended corporations and individuals in criminal cases and grand jury matters involving alleged price-fixing and other anti-competitive conduct, insider trading, government fraud and defense contracting fraud, and environmental violations, among other matters.

Education

• J.D., University of California, Berkeley, 1979
• B.A., Yale University, 1976

Representative Cases

As lead trial counsel for unsecured creditors' committee, successfully defended four objecting insurers' challenges to a reorganization plan with $985 million at stake for the committee.  The reorganization plan was confirmed after a 4-week trial and the primary objecting insurer agreed to pay an additional $1.15 billion after closing argument.  In re Western Asbestos Company, (N.D. Cal. 2004) No.02-46284.

As national counsel defending civil and criminal price-fixing charges in the memory chip market; In re Dynamic Random Access Memory (DRAM) Antitrust Litigation, MDL No. 1486 and over 50 cases brought in state courts nationwide.

As lead outside counsel for a nationwide department store retailer defending allegations of price-fixing in the tableware market, In Re Tableware Antitrust Litigation, Master File No.  C-04-3514 VRW.  (N.D. Cal. 2004)

As California counsel, defending price-fixing charges brought by a class of indirect purchasers of acid Riedel, et al. v. Norfalco LLC, et al., San Francisco Superior Court Case No. CGC-03-418080.

As California counsel, defended a leading amino acid manufacturer against price fixing charges in federal MDL proceedings and California state coordinated litigation brought by direct and indirect classes as well as opt-out plaintiffs.  In Re Methionine Antitrust Litigation, MDL No. 1311 (N.D. Cal. 2000) (Cal. Jud. Council Coord. Proc. Nos. 4090 and 4096) (2000).

As lead counsel, defended a pharmaceutical-buying cooperative in California coordinated antitrust litigation challenging the distribution of prescription drugs.  In Re Brand Names Antitrust Litigation (Jud. Council Coord. Proc., San Francisco, 1996).

As lead outside counsel for a national department store retailer, defended against charges of price fixing in women's cosmetics brought in coordinated California state court proceedings.  In Re Cosmetics Antitrust Litigation (Jud. Council Coord. Proc. 1998).

As lead outside counsel, defended national department store company in federal and state court litigation brought by garment workers from the Island of Saipan.  The putative class contained 50,000 members and sought to bring numerous charges based on alleged sweat shop conditions and improper labeling and advertising of garments.  Doss v. The Gap, et al. (C.D. Cal. 1999 and (S.F. Superior 1999)).

As trial counsel, defended the chief financial officer of Ramtek, a Silicon Valley computer monitor component manufacturer, against class action claims.  Also defended this client against criminal charges and SEC enforcement proceedings.  In Re Ramtek Securities Litigation (N.D. Cal. 1991) and U.S. v. Adams (N.D. Cal. 1994).

As lead counsel, defended president and CEO of accounting software manufacturer in class action and SEC proceedings against charges of improper revenue recognition in software sales.  In Re Platinum Software Securities Litigation (C.D. Cal. 1995).

As co-counsel, defended the president of Technical Equities, Inc., a diversified financial services company, in individual and class action lawsuits, and insurance coverage litigation, against allegations of financial and accounting irregularities.  In Re Technical Equities Securities Litigation (Santa Clara Super. and N.D. Cal. 1988-92).

Honors

• Best Lawyers in America, 2006, 2007, 2008
• Marquis' Who's Who in America, 2008
• Marquis' Who's Who in American Law, 2008

Memberships

• Member, Antitrust, Litigation and Criminal Justice-White Collar Sections, American Bar Association
• Member, State Bar of California
• Member, Bar Association of San Francisco
• Member, Antitrust Section's Committee on Criminal Practice and Procedure, ABA

Articles

• Antitrust Attorneys Grapple with Impact of 'Booker', July 18, 2005
• Roundtable White Collar Defense, September 10, 2004

Speeches

• Mr. McGinnis is a regular speaker and contributor to bar programs in the antitrust and white collar fields.