James E. Burns Jr. Senior Counsel, Internal Investigations, Securities Litigation, Class Actions and Shareholder Derivative Lawsuits
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James E. Burns Jr., senior counsel in Orrick’s San Francisco office, is a member of the Litigation Division. Jim focuses his practice on litigation and arbitration of complex business and securities disputes, including claims arising from mergers and acquisitions, venture capital investments, shareholder class actions and derivative cases.
Jim conducts internal investigations for clients and represents them in regulatory investigations and proceedings before the SEC and state securities regulatory authorities. He has broad experience in jury and bench trial matters before federal, tax and state courts. He has handled numerous class actions and litigated multi-district cases involving claims under RICO and federal and state securities law, as well as professional services malpractice claims and various business torts.
Jim has extensive experience in commercial arbitrations before various arbitration and mediation tribunals, including the American Arbitration Association, the New York Stock Exchange, the National Association of Securities Dealers and privately chosen arbitrators. He acts on behalf of technology companies, venture capitalists, securities issuers, directors, brokers, underwriters, promoters and mutual funds.
Jim has represented Retek, Inc., Touch America Holdings, Inc., RS Investment Management, Inc., Cisco Systems, Inc., Cygnus, Inc., Everen Securities Inc., Chiron Corp., Intevac, Inc., Accel Partners, TA Associates, Kenetech, Pope & Talbot, Citrix Systems, Inc., Everex and The Photonics Fund.
Prior to joining Orrick, Jim was a partner and West Coast Managing Partner at Clifford Chance, a partner and managing partner at Brobeck, Phleger & Harrison and a partner at Chickering & Gregory.
Matt Bush is a senior associate in the Complex Litigation group and the Supreme Court and Appellate group. He represents clients in cases involving a wide range of subject areas, including intellectual property, employment, class actions, and products liability.
Matt specializes in high-stakes commercial litigation, devising case strategy and handling all stages of the most complex matters from initial filing, to trial, to appeal. Matt's appellate background gives him the unique perspective to advise not just on the best strategy to win the critical motion or win the trial, but also to ensure the case is properly set up to win the appeal. He has argued numerous motions and appeals in state and federal courts across the country, including motions to dismiss, motions for summary judgment, Daubert motions, motions in limine, directed verdict motions, and jury instructions. He has been a part of multiple trial teams in cases that have gone to verdict and second chaired two arguments before the United States Supreme Court.
Matt also represented Microsoft in a $230 million employment discrimination class action case. The Court denied a class certification motion attempting to certify a class of 8,600 female IT employees and engineers who claimed discrimination in pay and promotion.
Prior to Joining Orrick, Matt served as a law clerk for Judge Chester J. Straub of the United States Court of Appeals for the Second Circuit and Judge Jan. E. DuBois of the United States District Court for the Eastern District of Pennsylvania.
Shawn Butte, an associate in the New York office, is an employment litigator with a focus on restrictive covenant and trade secret matters.
Shawn's practice involves crafting creative, practical solutions to complex legal challenges faced by multinational corporations and emerging companies in a range of industries, including media, software, insurance, financial services, retail and pharmaceuticals.
Shawn regularly handles high-stakes litigation involving post-employment restrictions, employee raiding, trade secret misappropriation, unfair competition, and class and collective actions. Shawn has experience in both federal and state court, as well as in alternative dispute forums such as the American Arbitration Association, and has represented both plaintiffs and defendants in TRO and preliminary injunction hearings.
In addition to his litigation practice, Shawn advises management on a variety of workplace issues, including employee mobility, trade secret protection, wage and hour policies, employee classification, and internal investigations. He also frequently serves as outside counsel to both domestic and international startups trying to expand in the U.S. market. Shawn uses his experience as a litigator to help clients proactively avoid protracted legal disputes. Shawn has also advised clients on employment issues in connection with mergers, acquisitions and other corporate transactions.
Shawn is recognized by Super Lawyers as a New York Metro area "Rising Star” (2018).
Michael Bühler, with over 30 years of experience as a practicing lawyer, focuses on international dispute resolution in complex arbitrations. He has represented major corporations, state-owned entities and governments in more than 200 arbitrations and has acted as chairman, sole arbitrator, and party-appointed arbitrator in more than 60 arbitrations worldwide.
Michael assists in clients in pre-litigation situations, helping them to develop a true defense strategy, which often leads to early dispute settlements. He acts regularly as lead counsel in arbitrations under the ICC Rules and those of the arbitration associations of Germany, Belgium, Sweden, Austria, Switzerland, and the United States and under the UNCITRAL Rules, ICSID, WIPO (Geneva), and the Court of Arbitration for Sport (Lausanne). He conducts arbitrations throughout Europe, North America, the Middle East, and the Asia-Pacific region in the following fields: civil construction, engineering, supply of industrial equipment, and industrial or power plants (often involving the application of the FIDIC Conditions of Contract, in common, civil, and Islamic law); oil and gas projects; hotel development projects and hotel management contracts; and distribution and license agreements in various sectors, including the chemical, pharmaceutical, food, liquor, and luxury goods industries.
Michael started his career as counsel at the ICC International Court of Arbitration, of which he was the German member (1997-2009). He was co-chair of the Task Force of the ICC Commission on Arbitration on the Revision of the ICC Arbitration Rules (2008-2011) (which led to the adoption of the 2012 ICC Rules of Arbitration, which to date remain the state-of-the-art arbitration rules), and is a member of the ICC Commission on International Arbitration and the IBA, as well as numerous arbitral institutions such as CEPANI, DIS, ASA and DIAC and has been appointed to the Panel of Arbitrators for Singapore International Arbitration Centre, the Korean Commercial Arbitration Board, the Vienna International Arbitration Centre and the Kuala Lumpur Regional Centre for Arbitration.
Dustin negotiates real estate transactions with a view towards minimizing his client’s risk while still closing the deal.
Dustin has significant experience representing leading public and private, and national and international real estate investors on a broad array of commercial assets, including industrial, multifamily, office, hotel and retail properties.
Drawing on this experience, he guides his clients throughout the life cycle of their real estate investments and provides practical and succinct legal advice. He helps clients form joint ventures for numerous purposes, including large scale investments, developments and recapitalizations. Dustin advises on acquisitions and dispositions of single assets as well as large national portfolios, ground-up developments and large scale re-developments, commercial leases, and complex loan facilities.
Described by clients as having "a very good demeanor as a negotiator" and in impressing them with "his knowledge and understanding of what is important from a business perspective,” Dustin is recognized for outstanding real estate work across the United States in the Chambers USA 2016-2019 California Real Estate directories.
Dustin works regularly with the transaction teams of leading institutional real estate investors, including Bentall Kennedy, CalPERS, Deutsche Asset & Wealth Management, Gerding Edlen, GLL US Office, L.P., Los Angeles County Employees Retirement Association, Stockbridge Real Estate Funds, Swift Real Estate Partners and USAA.
Joseph A. Calvaruso is a partner in the Intellectual Property group in the New York office. Joe, a veteran intellectual property law specialist focusing on patent litigation, has extensive experience at the trial and appellate levels.
Joe also has litigated cases involving trademarks, trade secrets, false advertising, antitrust and unfair competition. In addition, Joe has extensive experience as lead counsel in Inter Partes Reviews before the Patent Trial and Appeal Board of the U.S. Patent & Trademark Office.
Known for his candid approach and formidable courtroom style, Joe has the trust of his clients and the respect of the bench. As a veteran patent litigator, he can distill complicated facts into precise strategies that often resolve matters by summary judgement, saving his clients valuable time and expense.
As one client put it, "Joe Calvaruso is exceptional, his work has been truly excellent." (Legal 500) Another client offered: "He's like a defenseman on a hockey team or an NFL linebacker - tough as nails. But he's always fair and a good person on your side to or go up against. He just gets the technology as well." (IAM 1000) Intellectual Asset Management ("IAM") rates Joe as a "practical commercial lawyer, he has talent for resolving disputes early, together with the courtroom skills to prevail at trial...."
Joe’s diverse experience includes consumer electronics, computer hardware and software, optical equipment, medical devices, semiconductor devices and fabrication, and financial services.
His demonstrated ability to translate complicated topics to judges and juries is a valuable asset particularly appreciated by his international clients. Joe uses the same clear and practical approach to help non-English speakers understand intricate legal issues.
Devin is a member of the Energy and Infrastructure Group.
His practice focuses on the representation of sponsors, issuers, project developers, lenders, investors and governmental entities in project financings, infrastructure projects in the public-private partnership sector and securities offerings.
Laura Cappiello, a special counsel in the Milan office, is a member of the European Corporate group.
Laura has extensive experience in M&A, corporate and business law, Bank of Italy regulatory framework, and corporate criminal law. Her practice focuses on national and multinational companies operating in various sectors including energy, gas, automotive and public utilities, asset management companies, advising on the formation and authorization procedures of asset management companies and investment firms before the competent Italian authorities.
Before joining the firm, Laura was a member of Studio Legale Tributario in Milan, a law firm associated with Ernst & Young International.
Charles Cardall, a partner in the San Francisco office, is the Chair of the Tax Department and is a member of the Public Finance Department. Chas primarily focuses his practice on municipal finance tax and nonprofit corporation tax matters.
He also has legal expertise relating to both charter schools and the federal income tax classification of governmental and quasi-governmental entities. He has consulted on thousands of tax-exempt, build America and tax credit bond issues and has developed deep expertise in almost every tax aspect of municipal finance. Private activity bonds for multifamily housing, solid waste, charter schools and independent schools are areas of particular focus in his practice, as are higher education, short-term and long-term working capital and the various forms of pooled financings. Chas also has advised numerous clients experiencing financial distress or bankruptcy in tax matters relating to their municipal bonds. Representative active clients include the State of California, the University of California, the Bay Area Toll Authority, and Charter School Capital.
As a legal and policy advocate, Chas represents both government and non-government clients in federal tax rulemaking matters and in IRS proceedings, including the various types of tax-exempt bond audits, voluntary compliance (VCAP) requests and requests for private letter rulings. He has successfully closed IRS examinations relating to solid waste, water and wastewater, working capital, healthcare, pooled, multifamily housing, and industrial development bond financings. He has obtained multiple private letter rulings and technical advice memoranda and has been integrally involved in numerous regulation and legislative projects. He has found that a close working relationship with IRS and Treasury Department personnel often is critical to obtaining good results for clients.
Los Angeles; Santa Monica
Los Angeles; Santa Monica
To Alyssa Caridis, IP protection is more than business; it’s personal. For more than a half-century, Alyssa's family patented several mechanical technologies which they developed into a thriving business. Alyssa’s family inspired her love of engineering, as well as her desire to protect innovative ideas. Today Alyssa defends technology companies, ranging from budding start-ups to international corporations. She knows their success depends on it.
Alyssa handles complex patent and copyright litigation, open source licensing and IP counseling. She has represented companies in all stages of litigation -- from pre-suit investigation, through trial, and on to appeals courts. She draws upon her engineering degree from Harvey Mudd College to engage with technical professionals and quickly grasp new technologies. Alyssa has represented clients in connection with a broad spectrum of technologies, ranging from CMOS image sensors and communication systems to software and peripheral computer components to projects in both the aerospace and automotive industries.
Alyssa calls Southern California home, but remains loyal to the sports teams of her Bay Area childhood.
A Senior Associate in the Supreme Court and Appellate Group, Chris's practice focuses on high-stakes appeals and cutting-edge legal issues.
Chris has a deep passion for intellectual property law, and he specializes in complex copyright and trademark issues arising at the intersection of business and technology. He has represented major tech developers, biomedical manufacturers, and content creators on a wide range of critically important issues. In particular, Chris has litigated cutting-edge issues of personal jurisdiction, extraterritoriality, and damages; the trademark law’s trade dress, functionality, dilution, and nominative fair use doctrines; and the daunting copyright questions that confront technology providers and platforms in the digital age. Chris also has a wealth of experience counseling Fintech clients on novel issues confronting that industry. And he has represented clients in appeals involving trade secrets, class action litigation, bankruptcy, telecommunications, constitutional law, and more. He has authored merits briefs and cert. petitions in the U.S. Supreme Court, as well as dozens of briefs in federal and state courts of appeals. And he has represented clients in trial courts, crafting dispositive motions, witness declarations, evidentiary objections, and jury instructions.
Chris also maintains an active pro bono practice. He won an appeal in the Ninth Circuit on behalf of a client seeking immigration relief, and currently represents clients on issues ranging from copyright’s willfulness doctrine, to freedom of information laws, to New York state’s parole system. Chris is also an active member of the bar, sitting on the Federal Bar Council’s Public Service Committee.
Prior to joining Orrick, Chris was a law clerk to Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit and Chief Judge Carol B. Amon of the U.S. District Court for the Eastern District of New York.
Ciarra N. Carr is an Associate in the firm’s White Collar, Investigations, Securities Litigation & Compliance group in the New York office.
Ciarra’s practice focuses on white collar criminal defense, global investigations across a broad range of industries, and developing anti-corruption compliance programs. She has experience with the Foreign Corrupt Practices Act, including conducting internal investigations and representing companies in FCPA investigations by the U.S. Department of Justice and the U.S. Securities & Exchange Commission, and multinational Office of Foreign Assets Control investigations.
Ciarra remains committed to serving her community through the representation of incarcerated individuals in federal court under the Criminal Justice Act, where she has experience advising individuals charged in large racketeering conspiracies and other criminal matters.
Prior to joining Orrick, Ciarra graduated from Brooklyn Law School where she received a distinction in criminal law. While there, she authored timely CLE materials as a Center for Criminal Justice Fellow. She also interned with various non-profit and government agencies, including the Bronx and Kings County district attorney’s offices in their respective sex crimes and child abuse units.