Jason R. Pickholz is an experienced litigator whose advice and counsel is sought both by clients involved with courtroom litigation or arbitration, as well as those who desire to avoid highly-publicized litigation and/or governmental actions. He has represented domestic and foreign clients before federal and state courts, arbitration panels, the Securities and Exchange Commission, U.S. Attorney's offices in various parts of the country, the United States Department of Justice, the Federal Trade Commission, The Commodities Futures Trading Commission, state prosecutorial and regulatory authorities including the Manhattan District Attorney's office and the New York Attorney General's office, and self-regulatory organizations such as FINRA (the recently combined NASD and NYSE regulatory body). He has counseled and represented both corporate and individual clients in the areas of officer and director responsibilities and liabilities, securities and accounting law, anti-money laundering under the USA Patriot Act and Bank Secrecy Act, the Foreign Corrupt Practices Act, insider trading, stock options backdating, securities fraud, trading in public pension funds and municipal securities, hedge funds, bank conversions, audits and accounting, market timing and after hours trading, trading ahead and interpositioning, insider trading, the Economic Espionage Act and other areas. He has also conducted internal investigations and assisted clients with the creation and enhancement of corporate compliance and internal controls, policies and systems.

Mr. Pickholz was counsel in the first anti-money laundering case against an NYSE member firm, and represented a member firm in the first disciplinary case ever brought by FINRA, several officers in the SEC and U.S. Attorney's office investigations of Royal Ahold/U.S. Foodservices, a leading specialist in the NYSE Floor Specialists cases, and a bulge bracket analyst in theWall Street Analysts cases.

In addition, Mr. Pickholz has represented clients in private civil litigations involving securities and commodities, business and commercial disputes, contractual disputes, employment-related matters, disciplinary proceedings, intellectual property and real estate. He has represented clients from Belgium, Canada, Colombia, England, France, Hong Kong, Kuwait, Japan, Saudi Arabia, South Korea, The Netherlands and throughout the United States.

Mr. Pickholz began his career as a law clerk to the Honorable Kevin Thomas Duffy, United States District Judge for the Southern District of New York, where he assisted the court with, among other matters, the Philippine Airlines bombing conspiracy, post-trial proceedings in the first World Trade Center bombing trial, and a federal dispute arising from conflicting orders issued by the state courts of California and New York during the O.J. Simpson murder trial.

Areas Of Practice

Securities Defense
White Collar Litigation
Internal Investigations
Corporate Compliance
Commercial Litigation
Business/Commercial Litigation

Representative Matters

U.S. Patriot Act/Bank Secrecy Act Investigations

NYSE Member firm in connection with the first anti-money laundering procedures case ever brought under the Bank Secrecy Act and the United States Patriot Act by the New York Stock Exchange and FinCen against a Wall Street firm. Matter resolved on consent.

Stock Options Backdating Investigations

Conducted internal investigation into historical options grants and options dating practices of public company on behalf of the company's audit committee. Company had been listed as one likely to have backdated options. Company not named in any governmental or civil actions.

Floor Specialists Investigations

Senior floor broker for leading floor specialist firm in multimillion-dollar alleged interpositioning case. Client not named in any governmental action.

Multi-Agency Mutual Fund Investigations (After-Hours Trading and Market Timing)

Senior executives of a billion-dollar mutual fund family in connection with joint investigations by the New York Attorney General and the Securities and Exchange Commission. Clients not named in any governmental or civil actions
Several hedge funds and broker-dealers in separate investigations brought by the Securities and Exchange Commission, the United States Attorney's Office, and the Commodities Futures Trading Commission. No clients named in any governmental or civil actions.

Accounting/Auditing Investigations

Foreign national alleged to have assisted in creating in excess of $120 million of false accounting invoices as part of alleged $450 million financial statement fraud, in parallel proceedings by the United States Attorney's Office, the Securities and Exchange Commission, District Attorney's Office, and in the Bankruptcy Court.
Several officers of the United States subsidiaries of a major Dutch international food services conglomerate in connection with investigations by the United States Attorney's Office, the Securities and Exchange Commission, and an internal corporate investigation, into an alleged multimillion-dollar accounting overstatement. No clients named in any action by U.S. Attorney's Office. One client resolved SEC action on consent without admitting or denying allegations, suspension, SEC waived collection of disgorgement, fines, and penalties. No other clients named in any action by SEC.
Senior officer of an internet advertising company in a $50 million alleged revenue overstatement investigation by the United States Attorney's Office for the Central District of California. Client acquitted by jury after trial.
President of a hospital in a Securities and Exchange Commission investigation concerning an alleged $35+ million accounting overstatement. Client not named in any governmental or civil actions.
CFO of a holding company in investigations by the United States Attorney's Office, the Securities and Exchange Commission, and civil damages actions arising from the demise of a $2.5 billion Convertible Bond Fund. Client not named in any governmental or civil actions.

Other SEC and FINRA (formerly NYSE and NASD) Matters

NYSE Member firm in first disciplinary action ever brought by FINRA. Matter settled following two weeks of hearings.
International hedge funds in SEC civil investigations. No clients named in any governmental or civil actions.
NYSE Member firm in connection with disciplinary actions brought by the NASD's Department of Market Regulation. Matter resolved on consent without admitting or denying allegations.
Private investor/consultant in SEC lawsuit in the United States District Court for the Southern District of New York against public company accused of securities fraud, market manipulation and other securities law violations and in related investigation by the United States Attorney's Office for the Southern District of New York. See SEC v. Universal Express, Inc., et al., 04 CIV 02322 (S.D.N.Y.).
Private investors in bank conversions investigations by the United States Attorney's Office and the Securities and Exchange Commission. No clients named in any governmental or civil actions.
Secured dismissal of an SEC fraud action against an attorney in the United States District Court for the Eastern District of New York. See SEC v. Syndicated Food Service International, Inc., et al., Civil Case No. 04 Civ. 1303 (E.D.N.Y. 2004).
Brokerage firm and its owners in a disciplinary action alleging various securities violations brought by the NASD's Department of Market Regulation.
Brokerage firm and its owners in a disciplinary action for Rule 8210 violations (failure to testify and produce documents) brought by the NASD's Department of Market Regulation.
An attorney third-party witness at deposition and in connection with SEC action in the United States District Court for the Northern District of Texas. See SEC v. Reynolds, et al., 3:08 CV 0438 (N.D. Tex. 2008).
Private investor in SEC lawsuit in the United States District Court for the Southern District of Florida, and in related criminal proceeding in the United States District Court for the Eastern District of New York.
Foreign and domestic based traders of FOREX.

Other White-Collar Matters and Parallel Proceedings

Two officers of foreign company in connection with criminal investigation by Anti-Trust Division of the United States Department of Justice.
Prominent political figure in connection with a governmental investigation.
NYSE Member firm in connection with municipal securities investigation. Matter resolved on consent without admitting or denying allegations.
Obtained court-ordered statutory immunity for company president in connection with investigation by United States Attorney's Office into hedge fund collapse resulting in millions of dollars of alleged losses to public pension funds; represented the same executive in connection with parallel SEC investigation. Client not named in any governmental or civil actions.
Hedge fund consultant accused of receiving confidential electronic information concerning rate structures. See U.S. v. Peteka (SDNY April 2006).
Transfer agent firm and president in connection with grand jury investigation by the United States Attorney's Office (Seattle, Washington) and unrelated investigations by the Securities and Exchange Commission (San Francisco and Washington, D.C. offices). Client not named in any governmental or civil actions.
Firm engaged in buying and selling of public shell companies and president in connection with grand jury investigation by the United States Attorney's Office (EDVA), and unrelated inquiries by the Securities and Exchange Commission (Los Angeles and Washington, D.C. offices). Client not named in any governmental or civil actions.
Former general counsel for company in investigation by United States Attorney's Office for the Southern District of New York. Client not named in any governmental or civil actions.
Brokerage firm and owner in connection with investigation by the United States Attorney's Office for the Southern District of New York of sales of interests in oil wells. Clients not named in any governmental or civil actions.
Broker in criminal enterprise prosecution by Manhattan District Attorney's Office.
Several domestic and foreign clients in joint SEC - Department of Justice investigations pending in various locations throughout the United States.
Numerous individuals, including corporate officers, directors and executives, and investment bankers, brokers, financial consultants, registered representatives, floor specialists, and others, in regulatory and white collar matters at the self-regulatory, state, and federal levels, as well as in civil matters and arbitrations.

Civil Matters: Defense

Private company in class action alleging improper marketing practices in the United States District Court for the Eastern District of Pennsylvania. See Bell d/b/a Allegiance Mortgage Services v. Money Resource Corp., Civil Action No. 08-CV-00639 (E.D.Pa. 2008).
NYSE Member firm in a $5+ million arbitration, and in a second $1+ million arbitration. See Donald G. Drapkin v. Oppenheimer & Co., Inc., et al. (NASD-DR Arbitration No. 03-07283) (Panel rendered award in favor of client Oppenheimer after full hearing on the merits, award confirmed by New York Supreme Court, obtained dismissal of claimant's appeal on motion without a hearing); Eric Rose v. Oppenheimer & Co., Inc., et al. (NASD-DR Arbitration No. 04-01555).
Broker in an action in the United States District Court for the Southern District of New York alleging prime bank fraud. Jury rendered a complete defense verdict at trial. See Crigger, et al. v. Fahnestock & Company, Inc., et al., 01 Civ. 0781 (S.D.N.Y.)
Obtained plaintiff's voluntary dismissal of a securities fraud and breach of contract case after filing opening brief on motion to dismiss on behalf of client in Supreme Court of the State of New York. See Laser and Skin Surgery Center of New York v. Rafferty, Schwartz, Lucre International Securities LLC, MSS Service Corp., and UNBSVC, Inc., Index No. 603724/03 (N.Y. Sup. Ct., N.Y. Co.).
Brokerage firm and its owners in multiple arbitrations brought by former business partners over termination of business relationships and sale of brokerage firm.
Obtained dismissal of an NASD customer arbitration without liability for any portion of settlement fee, with expungement of client's CRD. See Adams, et al., v. Citigroup Global Markets, Inc., et al., Civil Case No. 04 CV 09520 (S.D.N.Y.).
Obtained dismissal of an NASD customer arbitration without liability or any payment of a settlement fee, with expungement of client's CRD. See Finkel & Finkel v. Mayer and W.J. Nolan & Co. (NASD-DR Arbitration No. 05-06623).

Civil Matters: Plaintiff

Foreign investment company, in a $12+ million arbitration against one of the top five Wall Street firms and two of its registered representatives concerning mutual fund and other securities transactions. See AICO International, E.C. v. Merrill, Lynch, Pierce, Fenner & Smith, Incorporated, Fawaz R. Halazon, and Bruno Daher (NASD-DR Arbitration No. 02-01320).
Venture capital firm whose managing members included, among others, a partner at Soros Private Equity Partners LLC and the former President and CEO of the Salt Lake Olympic Committee, in a derivative action in the Supreme Court of the State of New York against numerous individual and corporate defendants including Societe Generale. See Alpine Consolidated III, LLC v. Steven M. Friedman, Brian D. Young, Samuel B. Levine, Elan A. Schultz, Lawrence A. Neubauer, SGC Partners II, SG Capital Partners LLC, Societe Generale, EOS Partners SBIC, L.P., EOS Partners, L.P. and Expo Investment II, LLC & Expo Investment, LLC., Index No. 602612/02 (N.Y. Sup. Ct., N.Y. Co.).
Foreign commercial leaseholder in connection with dispute over failed domestic real estate project.
Former leading technology analyst in a $10+ million NYSE arbitration against his former employer, a bulge bracket investment bank. See Bob Lam v. The Bear Stearns Companies, Inc. and Bear Stearns & Co. Inc. (NYSE Docket # 2003-012117).
Medical practice and medical facility in a lawsuit against a hospital, a competing medical facility, and two former employee doctors, seeking damages and injunctive relief for breach of contract, breach of fiduciary duty, conversion of confidential and proprietary information, tortious interference with contract and business relations, unfair competition, interference with prospective economic opportunity and defamation. See Island Rehabilitative Services and Island Nephrology Services v. Maimonides Medical Center, Millennium Dialysis, et al., Index. No. 28726/05 (N.Y. Sup. Ct., Kings Co.).
Served as local counsel to international high-end clothing companies in a trade dress infringement case in the United States District Court for the Southern District of New York. See Louis Vuitton Malletier and Marc Jacobs International, L.L.C. v. The Wet Seal, Inc., 04 Civ. 07754 (S.D.N.Y.).

Consulting Matters

Provided consulting services to one of the leading accounting firms serving the Broadway theatre community in connection with certain business affairs. Also represented founding partners of firm in arbitration alleging breach of contract against former firm. See Fried and Kowgios v. Lutz & Carr, et al. (AAA Arbitration No. 13 180 01788 05).
Provided consulting services to executives of a major Wall Street investment firm in connection with the sale of their former business to the firm and in connection with renegotiations over their ongoing annual compensation.
Provided consulting services to the President and CEO of an entertainment company that co-sponsors an annual film festival in New York City bearing the company's name, related to a business dispute with some of its former corporate business partners.
Provided consulting services to foreign bank concerning potential application of United States criminal and securities laws to transaction under consideration.
Provided consulting services to a Wall Street law firm in connection with an entity in a federal bankruptcy proceeding.

Professional Activities

American Bar Association
- Chair, White-Collar Crime Committee's Securities Fraud Subcommittee, 2006-2008
- Chair, Trial Practice Committee's International Law and Arbitration Subcommittee, 2003-present
- Senior Editor, Trial Practice Journal, 2002-present
-- Outstanding Newsletter Award recipient, 2005-06
-- Outstanding Editor Award recipient, 2002-03
- Chair, Government Litigation Federal/State liaison Subcommittee, 2003
- Chair, Trial Practice Technology Subcommittee, 2001-2003
Federal Bar Council
National Association of Criminal Defense Lawyers
Association of the Bar of the City of New York

Admissions

New York
U.S. Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the District of Columbia
U.S. District Courts for the Southern and Eastern Districts of New York

Education

New York University School of Law, J.D., 1994

Colgate University, B.A., magna cum laude, 1991

Experience

Duane Morris LLP
- Partner, 2007-present
Akerman Senterfitt LLP
- Shareholder, 2005-2007
Pickholz Law Firm LLP
- Founding Partner, 2002-2005
Paul, Weiss, Rifkind, Wharton & Garrison
- Litigator, 1997-2002
Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C.
- Litigator, 1995-1997
Judicial Clerk to the Honorable Kevin Thomas Duffy of the U.S. District Court for the Southern District of New York, 1994-1995

Board Memberships

Director, New York University School of Law Alumni Board of Directors, 2001-2004
- Honorary Member, 2004-present
Advisory Member, Akerman Senterfitt law firm Board of Directors, 2007

Civic and Charitable Activities

The Pickholz Family Scholarship
- New York University School of Law
- Colgate University

Selected Publications

Co-Author, "Federal Rules Amendments Are a Wake-Up Call: Traps for the unwary ahead, so get your ESI house in order," New York Law Journal, Special Section on Investigations & Computer Forensics, p. S8, Col. 1, May 29, 2007
"Summary Judgment in Self Regulatory Organizations' Disciplinary Proceedings: How the Limitations Imposed by the 1934 Act Have Been Overlooked," Securities Regulation Law Journal, Thomson/West, Vol. 35, No. 1, pp. 71-82, Spring 2007
"The Anti-Suit Injunction: Stopping Foreign Actions in their Tracks," ABA Trial Practice Journal, Vol. 21, No. 1, Fall 2006
Co-Author, "Investigations Put Employees in Tough Spot: Are 'Cooperating' Corporations Violating Constitutional Rights?" New York Law Journal, Special Section on White Collar Crime, p. 10, Col. 1, July 24, 2006
"International Arbitration in the United States and Europe," article prepared for New Jersey International Continuing Legal Education annual seminar, April 28, 2006
Co-Author, "Manipulation," Journal of Financial Crime (November 2001), presented at the Eighteenth Annual International Symposium on Economic Crime, Jesus College, Cambridge University, England, 2000
"Policing Discovery: Criminal Prosecutions for the Destruction of Documents in Civil Cases After United States v. Lundwall," ABA Committee on Pretrial Practice & Discovery Newsletter, Vol. VIII, No. 3, Fall 1998

Selected Speaking Engagements

Course Instructor, "A Primer on Corporate Compliance and Internal Investigations", Lawline.com, September 2008
Speaker, "Securities Fraud Issues and Future Trends," ABA Town Hall Meeting On The State Of White Collar Crime, New York, August 8, 2008
Live Studio Guest, "IL, CA Attorneys General Sue Countrywide, CEO Mozilo," Fox Business News, June 25, 2008
Co-Sponsor Chair, "The Litigation Hold and Other ESI Moves," American Bar Association Section of Litigation Annual Meeting, Washington, D.C., April 17, 2008
Speaker, "Living in Harmony With Regulators," Capital Access Forum, Washington, D.C., November 9, 2007
Speaker, "Anti-Money-Laundering: From Compliance to Enforcement," Alternative Public Strategies Webinar, October 23, 2007
Chair/Speaker, "Where in the World Is Your Client Going? International Arbitration of Commercial Disputes," American Bar Association Annual Meeting, Chicago, Illinois, August 7, 2005
Guest Commentator on jury selection in the trial of Dennis Kozlowski (Tyco), BBC News, November 2003
Chair/Speaker, "When the Government Calls: Responding to the Increasing Criminalization of Corporate and Securities-Related Activity," American Bar Association Annual Meeting, San Francisco, California, August 8, 2003
Chair/Moderator, "Deposition Technology: Taking It to Trial," American Bar Association Annual Meeting, San Francisco, California, August 8, 2003
Moderator, "Parallel Proceedings," American Bar Association Corporate Counsel Section Annual Meeting, Coral Gables, Florida, February 15, 2003
Chair, "Whether to Waive Privilege and Other Pitfalls in Criminal, Civil, SEC and Congressional Investigations," American Bar Association Annual Meeting, Washington, D.C., August 2002