Jesse represents individuals and companies in complex disputes in courts and arbitrations, and before federal and state agencies. He has advised clients and litigated business, shareholder, and fiduciary matters around the country, and has also served as an executive and general counsel of an international company. He represents both defendants and plaintiffs, including whistleblowers and aggrieved shareholders, and also advises on select corporate, transactional, and regulatory matters.
Jesse has successfully represented individuals and companies against some of the country’s most sophisticated and powerful law firms, against federal and state regulators, and in internal investigations. He has represented clients in securities class actions, derivative actions, and before the SEC; and in commercial cases alleging fraud, breach of contract, breach of fiduciary duty, negligence, trade secret theft, and anti-competitive behavior. Jesse has represented all types of clients, including companies, executives, shareholders and bondholders, financial institutions, directors, boards and board committees, and funds.
As general counsel of a company with operating subsidiaries in numerous countries, including the US, Australia, the EU, Brazil, Mexico, India, UAE, New Zealand, and Vietnam, Jesse regularly advised on corporate governance; commercial contracts; foreign and domestic banking regulations; anti-money laundering and data privacy regulations; foreign and domestic litigation and arbitration; cross-border discovery; state and federal employment matters; corporate acquisitions and sales; foreign and domestic intellectual property; and debt and equity capital raises.
Jesse is an Austin native and lives there with his wife and their three children.
- Securities/Fiduciary Litigation
- Business/Financial Litigation
- Class Action Litigation
- Contingency Litigation
- Getting Paid: Authorizing Advancement of Defense Costs from a Debtor-Entity’s D&O Policy, Securities Litigation Journal (2011)
- Making Sure Defense Costs are Paid from D&O Policies in the Bankruptcy Setting, Corporate Counsel (2010)
- Disclosure Dilemma, The Deal (2006)
- Parsing Reg FD: SEC Defeat in Regulation FD’s First Litigated Case Should Prompt Reflection, Legal Times Magazine (2005)
- The Incoherent Jurisprudence of the PSLRA Discovery Stay, The Corporate Governance Advisor (2005)
- Criminal Procedure: Pretrial, Trial and Appeal, SMU Law Review (2002)
Select Prior In-House Experience
- Equity and debt fundraising from domestic and foreign institutions and individuals
- Acquisitions of domestic and foreign corporations
- Operation of international entities in US, New Zealand, Australia, Mexico, Brazil, Ireland, the UK, UAE, India, Vietnam, and Bucharest
- Domestic and international employment law and disputes
- Domestic and international commercial arbitration
- Payments, Anti-Money Laundering, and Data Privacy compliance
- Complex commercial contract and license drafting and negotiation with airlines, banks, money changers, payment schemes, and vendors around the world
- The University of Iowa College of Law, J.D., with distinction
- The University of Texas at Austin, B.A., philosophy and government
- New York
- US Supreme Court
- United States District Court for the Northern, Southern, Western and Eastern Districts of Texas
- Fifth Circuit Court of Appeals
- Third Circuit Court of Appeals
- Partner – Hohmann, Brophy & Shelton, PLLC
- EVP & General Counsel – Rêv Worldwide, Inc.
- Shareholder – Greenberg Traurig LLP
- Partner – Akin Gump Strauss Hauer & Feld LLP
- Judicial Clerk – Chief Justice Kathleen Blatz, Minnesota Supreme Court
Select Prior Representations
- Former Chairman and CEO of a top midstream energy company in securities class actions, SEC investigations, and bankruptcy adversary actions relating to multi-billion dollar commodities hedging program.
- Delisted company in securities class actions and SEC investigation alleging a multi-million dollar ‘pump and dump’.
- CFO of a Fortune 500 computer supplies company in an SEC enforcement action and class actions alleging accounting fraud and channel stuffing.
- Foreign energy exploration company in enforcement of $800,000,000 arbitration award against a foreign government and its quasi-private instrumentalities.
- Payments processor in derivative litigation arising from a multi-billion dollar acquisition offer.
- Distributor of weight loss device sold on late-night television against the FTC, multiple district attorneys, and a foreign competitor bringing Lanham Act claims.
- Fortune 100 energy company against the state of Texas for millions in conversion claims relating to oil royalties.
- National clothing retailer in derivative litigation arising out of multi-million dollar acquisition offer.
- Publicly-traded manufacturer in an internal stock option backdating investigation.
- Former Chairman and CEO of a technology company in an internal stock option backdating investigation.
- Publicly-traded company in suit against back-out bidder of multi-billion dollar acquisition.
- Former officers of a medical technology company in SEC enforcement actions and securities class actions.
- Holders of more than $80,000,000 in convertible bonds regarding the merger of two of the largest advertising agencies in the world.
- Fortune 100 energy company in class actions and derivative actions concerning a huge blackout and an alleged near nuclear meltdown.
- Medical back-office software company in breach of contract and theft of trade secrets case.
- Fortune 100 telecommunications company in theft of trade secrets case.
- Small investment bank in a partnership dispute.
- Board of a publicly-traded software company in securities and derivative litigation alleging misleading disclosure and self-enrichment.
- Publicly-traded gaming company in securities litigation brought by an activist investor.
- Foreign former CFO of a US publicly-traded company before the SEC in investigation and enforcement proceedings.
- Independent directors of large mutual fund company in class actions alleging violations of the Investment Advisors Act.
- Publicly-traded electronic goods distributor in bankruptcy adversary actions over D&O proceeds.
- Audit committee of a private transportation company in an internal FCPA investigation.
- Private foreign airplane manufacturer in an internal FCPA investigation.
- Public company in merger litigation against equity fund defendants who failed to consummate a $6 billion merger.
- Former senior executive in class actions and SEC investigation concerning alleged FCPA violations in Nigeria.
- Former directors of publicly-traded land-management company in post-merger shareholder actions in federal and state court.
- National restaurant chain against an activist institutional stockholder.
- Pro bono, Somali mother and children in asylum claims before the Board of Immigration Appeals, and at trial.
- Pro bono, §1983 plaintiffs who had been injured and denied medical treatment in prison.