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Jeffrey L. Bornstein

Partner
+1.415.249.1059
Fax +1.415.882.8220

Mr. Bornstein joined K&L Gates in 2005 following nearly two decades in the criminal and civil divisions of the San Francisco U.S. Attorney’s Office. He concentrates his practice in white collar criminal defense, Securities and Exchange Commission (SEC) enforcement matters and related class-action cases, internal investigations, and criminal antitrust, healthcare and environmental matters.

  • Highly-experienced trial attorney. Mr. Bornstein is a highly experienced trial attorney, having tried over 35 criminal and civil jury and non-jury trials, primarily in federal court. He is also an experienced appellate litigator.

  • Broad criminal and regulatory enforcement experience. Since joining K&L Gates, Mr. Bornstein has directed investigations and represented individuals and institutions in a wide variety of federal criminal and related regulatory enforcement matters including:

    • Securities. Insider trading, Commodities manipulation, accounting fraud, stock options backdating and other securities fraud allegations.
    • Healthcare. Fraud investigations, including misbranding, adulteration, off-label marketing and False Claims Act issues.
    • Computer Crimes and Compliance. Theft of trade secrets, economic espionage, identity theft and other computer-related crimes. Internet gaming compliance primarily as it relates to federal criminal enforcement issues.
    • Environmental. Criminal environmental matters, including Clean Water Act violations.
    • Anti-corruption. Foreign Corrupt Practices Act (FCPA) investigations and related compliance programs and training including directing investigations in China.
    • Fraud. Mortgage fraud and other mail and wire fraud claims, money laundering, and import and export violations, including International Traffic in Arms Regulations (ITAR).
    • Antitrust. Criminal antitrust price fixing cartel investigations and cases involving auto parts, TFC Flat Planels, DRAM and bus transportation matters.

  • Leads high-profile cases. Mr. Bornstein has been involved in several high profile and well publicized cases including:

    • His ongoing representation of a key person in the Galleon insider-trading case.
    • His continued representation of Solyndra in connection with the on-going federal probe following its bankruptcy filing.
    • He successfully resolved the criminal case brought by the District Attorney in connection with the alleged theft of an iPhone prototype without the filing of any felony charges.
    • In October and November 2013, he was co-lead counsel in the on-going prisoner overcrowding class-action trial in federal court alleging unconstitutional treatment of mentally-ill inmates in California’s prisons.
    • In October 2010, he successfully defended an investment management firm accused of fraud in a two-week civil jury trial in Los Angeles.
    • He represented the pilot of the Cosco Busan in connection with the oil spill in the San Francisco Bay following the ship’s scrapping a portion of the Bay Bridge and avoided any felony conviction.
    • He also defended the former chair of the audit committee in the Brocade stock option backdating criminal and related class action and derivative civil litigation.

Professional Background

Mr. Bornstein’s career with the U.S. Attorney’s Office included almost 17 years in the position of Assistant United States Attorney in the criminal division. He served as Senior Litigation Counsel, a Supervisor of the Major Crimes Unit and a member of the White Collar/Securities Fraud Unit.

Mr. Bornstein additionally spent three years as a civil litigator in the United States Attorney’s Office and over four years in the San Francisco City Attorney’s Office and a San Francisco law firm before joining K&L Gates LLP.

Selected Presentations

  • National Investment Company Service Association’s (NICSA) Risk Management Workshop, “Balancing the Customer Experience with Robust Security Systems that Protect Against Fraud,” November 20, 2013.
  • "Navigating Environmental Accidents and Catastrophes - Government and Defense Perspectives,” Bar Association of San Francisco Presentation, November 14, 2013.
  • “Lions, Tigers, Bears, Prosecutors and SEC Enforcement Attorneys – Oh My!,” K&L Gates Government Enforcement Presentation, July 10, 2013.
  • “Identifying Changes to the Global Anti-Corruption Compliance Landscape to Maintain and Upgrade Your Existing Compliance Program,” 9th Annual FCPA and Anti-Corruption Compliance Conference, September 19-21, 2012.
  • “Insider Trading: Life After Galleon,” K&L Gates Government Enforcement Presentation, March 3, 2010.
  • “Spill Oil - Go to Jail: The New Paradigm for Mariners,” Passenger Vessel Association Annual Conference, February 15, 2010.
  • “Spill Oil - Go to Jail: The New Paradigm for Mariners after the Cosco Busan,” San Francisco Chapter of the National Association of Insurance Women, October 20, 2009.
  • “Conflicts of Interest for Hedge Fund Managers and Prime Brokers,” May 16, 2007.
  • “You are Alerted to an Incident of Employee Theft of Company Intellectual Property. What do you do?” March 16, 2007.
  • “Be Prepared: What You Need to Know about the Criminalization of Securities Laws,” July 31, 2006.

Achievements


  • Listed by Best Lawyers-U.S. News and World Report as a leading lawyer in the Criminal Defense-White Collar category for the San Francisco area, 2010-2013
  • Recipient of Litigation Counsel of America’s Peter Perlman Service Award, 2013
  • Fellow of the Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of American lawyers, 2010-Present
  • Trial Lawyer of the Year Finalist, Public Justice Foundation, 2010
  • U.S. Department of Justice Director’s Award for Superior Performance as an Assistant United States Attorney
  • U.S. Department of Justice Environment and Natural Resources Division Award for Outstanding Performance and Invaluable Assistance
  • U.S. Attorney General’s Award for Furthering Equal Employment Opportunity
  • Commendations from numerous federal agencies including U.S. Secret Service, Federal Bureau of Investigation, U.S. Postal Service, U.S. Coast Guard, U.S. Department of Health and Human Services, U.S. Customs Service, U.S. Drug Enforcement Agency and U.S. Department of Labor

Professional/Civic Activities

  • Fellow, Litigation Counsel of America (Member, Thomas A. Mesereau Cup Selection Committee) 
  • The Trial Law Institute
  • Diversity Law Institute
  • Bar Association of San Francisco
  • American Bar Association (Criminal Law Section, White Collar Subcommittee)
  • National Association of Criminal Defense Lawyers
  • California Attorneys for Criminal Justice
  • Federal Bar Association
  • Criminal Justice Act Panel Attorney for NDCA, 2006-2009; 2010-2013
  • K&L Gates Pro Bono Coordinating Partner
  • K&L Gates Assistant General Counsel
  • Founding Board Member, Nicaraguan Children's Friendship Committee (www.NCFCkids.org)
  • Created and implemented Building Our Leaders of Tomorrow (BOLT) drug education and violence prevention program for youth in the Northern District of California