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Jeffrey L. Bornstein

Partner
+1.415.249.1059
Fax +1.415.882.8220

Jeffrey Bornstein is a partner in the firm’s San Francisco office. He focuses on white collar criminal defense, internal investigations, SEC and other regulatory matters. He represents corporations and individuals in connection with all types of government enforcement issues and parallel civil actions and derivative matters including criminal antitrust, securities, healthcare fraud, and criminal environmental matters. 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.

Mr. Bornstein is a highly experience trial lawyer in both civil and criminal cases. He has tried more than 35 jury and non-jury trials in state and federal courts. He has been involved in several high profile and well publicized cases including:

  • Representing a key person in the Galleon insider-trading case
  • Representing Solyndra in connection with the ongoing federal probe following its bankruptcy filing
  • Representing multiple individuals in connection with the San Bruno gas pipeline accident
  • Representing the owners of a broker-dealer in connection with an ongoing FINRA investigation
  • Representing an owner of a local meat-processing facility under investigation for alleged violations of various federal food safety and inspection requirements
  • 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
  • Served as co-lead counsel in high profile prisoner overcrowding class action trial in federal court alleging unconstitutional treatment of mentally-ill inmates in California’s prisons
  • Successfully represented a regional pharmacy in connection with a U.S. Attorney, State Attorney General, U.S. Drug Enforcement Administration and U.S. Food and Drug Administration investigation involving the alleged adulteration and misbranding of prescription drugs including controlled substances
  • Successfully defended an investment management firm accused of fraud in a two-week civil jury trial in Los Angeles
  • 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 assisted him in avoiding any felony conviction
  • 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

 
Before joining K&L Gates, Mr. Bornstein was an Assistant U.S. Attorney for the U.S. Attorney’s Office in San Francisco from 1989 to 2005. He worked as the senior litigation counsel for the criminal division, supervised the Major Crimes Unit, and was a member of the White Collar/Securities Fraud Unit. Prior to that, he 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.


Selected Presentations

  • “It’s Not Who You Know, But Who You Represent: The Ethics of Joint Representation in a Criminal Investigation,” Bar Association of San Francisco Presentation, May 20, 2014
  • “Lions, Tigers, Bears, Prosecutors and SEC Enforcement Attorneys – Oh My!”, Litigation Counsel of America, 2014 Spring Conference, May 1, 2014
  • “Balancing the Customer Experience with Robust Security Systems that Protect Against Fraud,” National Investment Company Service Association’s (NICSA) Risk Management Workshop, November 20, 2013
  • “Navigating Environmental Accidents and Catastrophes – Government and Defense Perspectives,” Bar Association of San Francisco Presentation, November 14, 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
  • “International Enforcement, 2008: The Long Arm of U.S. Criminal and Regulatory Law,” K&L Gates Webinar, December 7, 2007
  • “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?” , Silicon Valley Women’s Group, March 16, 2007
  • “Be Prepared: What You Need to Know about the Criminalization of Securities Laws,” July 31, 2006

Achievements


  • Best Lawyers, U.S. News & World Report, Criminal Defense: White-Collar, 2012–2014
  • Super Lawyers, Northern California Super Lawyer, Criminal Defense 2010–2014
  • Who’s Who Legal Business Crime Defence 2014
  • Bar Association Of San Francisco Award of Merit 2014
  • Perlman Service Award, Litigation Counsel of America, 2013
  • Fellow, 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
  • Award for Superior Performance as an Assistant United States Attorney, U.S. Department of Justice Director
  • Award for Outstanding Performance and Invaluable Assistance, U.S. Department of Justice Environment and Natural Resources Division
  • Award for Furthering Equal Employment Opportunity, U.S. Attorney General
  • 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

 
  • Bar Association of San Francisco (Criminal Justice Subcommittee)
  • American Bar Association (Criminal Law Section, White Collar Subcommittee)
  • National Association of Criminal Defense Lawyers
  • California Attorneys for Criminal Justice
  • Litigation Counsel of America
  • Federal Bar Association
  • Criminal Justice Act Panel Attorney for NDCA, 2006–2009; 2010–2013; 2014-present
  • K&L Gates Pro Bono Coordinating Partner
  • K&L Gates Diversity Committee Member
  • 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
  • Representing clients in securities matters involving insider trading, commodities manipulation, accounting fraud, stock options backdating, FINRA investigations and other matters involving securities fraud allegations
  • Representing clients in healthcare matters involving fraud investigations, including misbranding, adulteration, off-label marketing and False Claims Act issues
  • Representing clients in computer crime matters involving theft of trade secrets, economic espionage, identity theft and other computer-related crimes, and also with compliance issues involving Internet gaming as it relates to federal criminal enforcement issues
  • Representing clients in anti-corruption matters involving  Foreign Corrupt Practices Act (FCPA) investigations and related compliance programs and trainings including directing investigations in China
  • Representing clients in fraud investigations including mortgage fraud and other mail and wire fraud claims, money laundering, and import and export violations, including International Traffic in Arms Regulations (ITAR)
  • Representing clients in criminal environmental matters, including alleged Clean Water Act violations
  • Representing clients in criminal antitrust price fixing cartel investigations and cases involving auto parts, TFC flat panels, DRAM and bus transportation matters
  • Representing clients in so called blue collar criminal cases in federal and certain state courts