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James N. Kramer

Partner

San Francisco

Silicon Valley

James N. Kramer leads Orrick's Securities Litigation Practice.  Jim has over 30 years of experience defending companies, officers and directors in shareholder class actions, derivative suits, RICO cases and regulatory proceedings. He also has extensive experience leading internal investigations.

Jim is acknowledged by Chambers as a “Leader in Their Field” for Securities Litigation and has also been acknowledged as one of “America's Leading Litigators” by Benchmark Litigation. Benchmark has also recognized Jim in their securities rankings as a “California State Litigation Star”, a “San Francisco Litigation Star”, and in their “Practice Area Rankings California”.

Jim has extensive experience representing companies and individuals in securities class actions, derivative actions, RICO actions, merger and acquisition related litigation, governmental enforcement proceedings and other complex commercial litigation. In addition, he has extensive experience representing board committees in internal investigations, including SEC- and SRO-related investigations.

Jim regularly advises companies on corporate governance, fiduciary duty and disclosure issues. He is a frequent lecturer on issues involving securities matters and class action litigation.

  • Jim is an editor for the Securities Reform Act Litigation Reporter and regularly contributes to Orrick's blog on Securities Litigation hot topics (www.SecuritiesLitigationBlog.com) and Orrick's Guide to Securities Litigation, the go-to-book now in its 25th year and available on iTunes. Jim is past chair of the Embarcadero YMCA Board of Managers and remains active in YMCA philanthropy. In his spare time, he enjoys time with his family and is a recreational long course triathlete.

    Prior to joining Orrick, Jim was a partner at Clifford Chance US LLP and Brobeck, Phleger & Harrison LLP.

    • Silicon Valley Bank.  Represent the former CEO of Silicon Valley Bank, Greg Becker, in matters arising out of the regulator's takeover of the bank.
    • In re: Apple Securities Litigation.  Represent Apple and certain executives in a securities class action and related derivative actions arising out of the company's revised guidance.
    • In re: PayPal Securities Litigation. Obtained a dismissal with prejudice of claims against PayPal and its executives alleging securities fraud arising out of the TIO data breach.
    • In re: LendingClub Securities Litigation. Obtained a dismissal of claims against Lending Club and certain of its officers and directors alleging securities fraud arising out of alleged violations of FTC regulations.
    • In re: NVIDIA Securities Litigation. Obtained a precedent-setting victory in the Ninth Circuit on behalf of firm client NVIDIA Corporation. In a published decision, the Ninth Circuit affirmed the dismissal of a securities class action alleging that NVIDIA failed to disclose defects in its products in violation of Section 10(b) of the Exchange Act and SEC Rule 10b-5.
    • Marshall v. Goguen, et al., 9:21-CV-00019 DLC-KLD (D. Mont). Defend an individual and her employer in a RICO case.
    • Angelica Limcaco v. Steve Wynn, et al., 2:20-cv-11372-RSWL-AFM (C.D. Cal.) Defending a former executive of Wynn Resorts in a RICO case.
    • Sterling Suffolk Racecourse, LLC v. Wynn Resorts, Ltd., 1:18-cv-11963-PBS (D. Mass.). Obtained dismissal of RICO case against a former executive of Wynn Resorts at the pleading stage.
    • In re: Uber Securities Litigation. Successfully represented the Founder and former CEO of Uber Technologies in a federal securities class action arising out of claims that he made materially misleading statements to investors about the company and its prospects. Obtained a dismissal with prejudice.
    • In re: Wynn Resorts Ltd. Securities and Derivative Litigations. Successfully represent the former General Counsel of Wynn Resorts Ltd. in various state and federal securities and derivative litigations.
    • In re: Fisker Automotive Securities Litigation. Represent Henrik Fisker in a consolidated securities case brought by investors in Fisker Automotive.
    • In re: PayPal Securities Litigation. Obtained dismissal of a federal securities case and derivative case alleging claims arising out of the FTC's investigation of Venmo.
    • Livingston v. 23andMe. Achieved two significant victories on behalf of the client in a consumer class action including a motion to compel arbitration and a clause construction award.
    • Bundy v. IronPlanet. Represented a company in an action alleging breach of a repurchase contract over a founder’s shares of stock. After arbitration obtained a complete judgment in the client’s favor and an award of lawyers' fees and costs.
    • SEC v. Mercury Interactive, Inc. Represented the former GC of Mercury in an SEC enforcement action alleging backdating of stock options. Matter was resolved on a non-fraud basis prior to trial.
    • In re: Sequans Securities Litigation. Obtained dismissal at the pleading stage of a putative securities class action asserting claims under the Securities Act of 1933 and the Securities Exchange Act of 1934 against the company and certain of its officers in connection with the company’s public offering.
    • SEC v. Berry. Represented former GC of two publicly traded companies in an SEC enforcement action alleging backdating of stock options. Matter was resolved on a non-fraud basis prior to trial.
    • In re: Ikanos Communications Securities Litigation. Obtained dismissal at the pleading stage of a putative securities class action asserting claims under the Securities Act of 1933 against the company and certain of its officers
    • In re: 3dfx Bankruptcy Litigation. Jim was part of a trial team that recently obtained a ruling completely favorable to client NVIDIA Corporation in a complex M&A/creditor’s rights dispute in U.S. Bankruptcy Court for the Northern District of California.
    • In re: Micrus Endovascular Securities Litigation. Obtained dismissal at the pleading stage of a securities class action asserting claims under the Securities Exchange Act of 1934 against the company and certain of its officers and directors.
    • In re: Agile Software Derivative Litigation. Obtained dismissal at the pleading stage of a complaint asserting derivative option back-dating claims and direct breach of fiduciary duty merger and acquisition claims relating to Oracle Corporation’s acquisition of Agile.
    • In re: Acer/Gateway M&A Litigation. Part of a team that defeated plaintiffs’ attempts to enjoin Acer’s acquisition of Gateway Computers.
    • In re: Watchguard Corporation. Obtained dismissal at the pleading stage of a complaint asserting breach of fiduciary duty and claims against Watchguard and certain of its officers and directors in connection with the sale of the company to private equity purchasers.
    • Represent the Special Committee of the board of directors of a technology company in its investigation of past stock option grant practices and the related SEC investigation.
    • Represent the Special Committee of the board of directors of an international media company in its investigation of past stock option grant practices and the related SEC investigation.
    • In re: Intermix Securities Litigations. Obtained dismissal of federal and state complaints alleging claims in connection with NewsCorp.’s acquisition of Myspace.com on behalf of VantagePoint Venture Partners.

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