Kenneth Herzinger Partner, White Collar, Investigations, Securities Litigation & Compliance, Government Investigations and Enforcement Actions
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Ken Herzinger is a partner in the White Collar, Investigations, Securities Litigation & Compliance Group in the San Francisco office. Ken was an attorney in the Enforcement Division of the U.S. Securities and Exchange Commission prior to joining private practice. His practice focuses on SEC investigations and enforcement actions, internal investigations, securities class actions, and ERISA class actions.
Ken has 20 years of experience as a securities litigator and has handled every type of SEC investigation and securities case, including new and developing areas like cybersecurity, blockchain, cryptocurrency, and SEC BSA/AML enforcement, and more traditional matters such as accounting and financial statement fraud, internal control over financial reporting (ICFR), disclosure controls and procedures, the Foreign Corrupt Practices Act (FCPA), insider trading, and Dodd-Frank and SOX whistleblower retaliation claims.
SEC and Regulatory: As a former SEC Enforcement attorney, Ken has successfully represented corporations, officers and directors, financial institutions, broker-dealers, auditors, and government municipalities in dozens of high profile investigations and enforcement proceedings by the SEC, U.S. Attorney's Office, PCAOB, and self-regulatory organizations such as FINRA.
Internal Investigations: Ken has conducted numerous global and domestic internal investigations for public and private companies and audit committees regarding a myriad of issues including accounting fraud, ICFR, disclosure controls and procedures, the FCPA, insider trading, and whistleblower retaliation claims.
Securities Class Actions: Ken has also represented officers and directors and public companies in many high stakes securities class actions. He has tried cases in federal and state court and in arbitration proceedings, and was a member of the trial team which obtained a defense verdict in one of only several securities class action jury trials in the country to be tried to verdict.
ERISA Class Actions: Ken has successfully defended companies and ERISA plan fiduciaries in ERISA class actions and has a strong track record of defeating the cases at the motion to dismiss stage. Representative cases include: In re Chesapeake Energy Corp. 2012 ERISA Class Litigation, 2013 WL 5596908 (W.D. Okla. 2013)(Won a motion to dismiss an ERISA class action on behalf of Chesapeake Energy Corporation and its 401(k) Plan fiduciaries); Tomassini v. Oracle Corporation ERISA Class Action, Case No. 3:16-cv-03583-EMC (N.D. Cal. 2016)(Obtained a voluntary dismissal of an ERISA class action on behalf of Oracle Corporation and its 401(k) Plan fiduciaries.); Scholl v. Chesapeake Energy Corporation, et al. ERISA Litigation, Case No. civ-17-279-R (W.D. Okla. 2017)(Obtained a voluntary dismissal of an ERISA class action on behalf of Chesapeake Energy Corporation and its 401(k) Plan fiduciaries in an ERISA class action.); Gernandt v. SandRidge Energy Corporation, Case No. civ-15-834-D (W.D. Okla. 2018)(Obtained a dismissal with prejudice on behalf of SandRidge Energy Corporation and its 401(k) Plan fiduciaries in an ERISA class action).
Ken frequently lectures on and provides training for publicly traded companies and directors and officers on regulatory matters, corporate governance, and compliance.
His clients include: Broadcom Corporation, Charles Schwab, Chesapeake Energy Corporation, McAfee, Oracle Corporation, SandRidge Energy, Walmart, and Western Union.
Chris Higgins is a patent litigator and co-leader of the 3D Printing Group at Orrick. Chris is a trial lawyer with an electrical engineering degree, giving him a unique set of skills to represent clients in disputes involving complex technologies such as 3D printing and 3D scanning, graphics processing, semiconductors, medical devices, LCD displays, and data encryption.
Chris has developed a global reputation as an authoritative source on legal issues in 3D printing, and has been a featured speaker at 3D printing events around the world. His 3D printing practice includes advising startups and established 3D printing companies on all aspects of intellectual property law, cybersecurity, and technology transactions. Chris helps 3D printing clients grow their businesses and capitalize on market opportunities and represents them in court to defend or enforce IP rights. Chris' 3D printing work extends beyond the courtroom; he teaches a course at Penn State University as part of its Masters of Engineering in Additive Manufacturing and Design program.
Chris' patent litigation and IPR practice also covers a wide range of other technologies including graphics processing, digital image processing and printing, semiconductor devices and semiconductor manufacturing, data encryption, high-definition television, digital content recognition, and medical devices. Chris has also assisted clients with licensing and patent prosecution related to 3D printing, digital imaging, wireless technology, mobile communication devices, encryption, high-definition television and medical devices.
Prior to law school, Chris worked in the patent department of a medical device company and as an engineer designing electronic components for missiles, projectiles, and bombs.
Norman C. Hile focuses his practice in business and government litigation with an emphasis on complex litigation and counseling.
Norm, who has extensive experience in government, intellectual property, securities, antitrust and environmental litigation, practices at all levels of the civil litigation process and has litigated complex cases in state and federal court before arbitration panels and under the judicial arbitration provisions of California’s Code of Civil Procedure. Norm has prosecuted appeals successfully through the California appellate process to the Supreme Court of California and through the federal appellate process to the Supreme Court of the United States.
Ned Hirschfeld is a Managing Associate in the firm's Litigation Group and Supreme Court and Appellate Practice. He provides strategic advice to clients facing cutting-edge legal issues in federal and state courts, with a focus on high-stakes appeals.
Ned specializes in appellate litigation. He has authored successful merits briefs and petitions for certiorari in the U.S. Supreme Court, as well as dozens of briefs in federal and state appellate courts. Ned's work has covered a wide range of subject areas, including intellectual property, constitutional law, and complex commercial litigation. He has also counseled Fintech clients on novel issues confronting the industry.
Ned maintains an active pro bono practice, focusing on immigration and criminal justice matters.
Prior to joining Orrick, Ned served as a law clerk to Judge Robert Sack of the U.S. Court of Appeals for the Second Circuit and Judge Kimba Wood of the U.S. District Court for the Southern District of New York. During law school, he served as an Articles Editor for the Yale Law Journal.
Wheeling, W.V. (GOIC)
Wheeling, W.V. (GOIC)
Necia Hobbes is a member of the firm’s employment law group at Orrick’s Global Operations Center in Wheeling, West Virginia. She has a broad range of experience litigating in federal, state and administrative courts.
Prior to joining Orrick, Ms. Hobbes worked in the Business and Tort Litigation Practice Group of Jones Day in Pittsburgh, Pennsylvania, where she litigated cases involving the Fair Credit Reporting Act, the False Claims Act, the Sherman and Clayton Antitrust Acts, as well as breach of contract and related claims. She also participated in internal investigations, and provided counsel regarding employee privacy and immigration regulations. While at Jones Day, Ms. Hobbes acted as lead counsel in approximately 50 cases in federal, state and administrative courts.
Additionally, Ms. Hobbes served as a judicial law clerk for the Honorable D. Michael Fisher of the United States Court of Appeals for the Third Circuit and obtained a graduate degree from Carnegie Mellon University’s H. John Heinz III School of Public Policy & Management. She previously consulted with the Office of High School Reform for the Pittsburgh Public Schools, served as a Coro Fellow in Public Affairs with the Coro Center for Civil Leadership in Pittsburgh, PA, and worked as a project manager and writer at a market research firm.
Ms. Hobbes is dedicated to pro bono and community service, and has volunteered on immigration cases assisting refugee children fleeing violence in Central America, civil cases helping prisoners pursue their constitutional rights, and state court petitions for transgender legal name changes. She has volunteered in the past with women’s rights and immigration advocacy organizations, and teaching English in Kathmandu, Nepal.
David’s practice is focused on trademark, copyright, and media litigation. Over the course of the past two decades, he has represented prominent clients in significant trademark litigations and trials, including companies like New Balance, Samsung, Citizens Bank and Dell/EMC. In addition, he has represented some of the most prominent media and technology companies like The New York Times, The Boston Globe, Microsoft, Cablevision and Houghton Mifflin Harcourt in significant media and intellectual property matters of first impression.
David brings creativity and determination to all of the matters he handles, whether they involve issues that are novel and complex or more traditional. He has tried matters to both juries and judges, and prepares every one of his cases with the assumption that the matter will be tried to verdict. That attention to preparation often leads to positive results before trial in favorable settlements or rulings on motions to dismiss or on summary judgment, which saves clients time and expense.
Throughout his career, David has been involved in some of the most widely followed cases in the area of trademark, copyright, and media law. For example, David:
In 2013, The Hollywood Reporter included David in its annual Power 100 edition, highlighting the most influential media attorneys in the country, and naming his team’s defense of Aereo, Inc. against claims brought by the country’s major television broadcasters at the trial court and before the Second Circuit as the “Case of the Year.” He has been recognized as a leading practitioner in The American Lawyer, The World Trademark Review 1000, and The Legal 500, among other legal publications. He also writes extensively about the law, and has lectured at Harvard Law School’s Berkman Center and Boston College Law School.
Johannes Hsu draws on his business, technical, and legal acumen developed over more than 20 years in engineering, management, and law to serve technology clients. His experience enables him to take a holistic approach in his legal services.
Johannes's practice focuses on patent litigation, especially in the fields of electronics, circuits, computer and network systems, software, and telecommunications. He has litigation experience in district courts, the Patent Trial and Appeal Board, and the U.S. International Trade Commission. He also leverages his technical and operational experience in data-privacy and data-security matters.
Before joining Orrick, Johannes clerked for the Honorable R. Gary Klausner in the Central District of California. He assisted Judge Klausner on a wide variety of civil matters. In particular, he worked on many intellectual-property disputes involving patents, trademarks, copyrights, and trade secrets. Johannes began his legal career primarily as a patent prosecutor at one of the largest intellectual-property boutique firms in the United States.
Before becoming an attorney, Johannes worked for over 20 years as an engineer in high-tech and aerospace industries. He held increasing responsibilities and was last a manager and a senior principal engineer at one of the top two fabless-semiconductor companies in the world. His work in those positions had a direct and significant impact on virtually every chip of a one-billion-dollar product line. A technical leader and a functional manager, he interacted regularly with upper management in engineering and marketing and worked closely with cross-disciplinary teams. His substantial engineering experience encompasses a wide array of technologies, from communication systems, digital-security systems, to hardware and embedded-software design. In addition to developing digital-security technologies, Johannes also set operational security policies for his engineering organization and developed a secure infrastructure which he led through a successful third-party audit.
Mimiao Hu, a senior associate in Orrick’s Beijing office, is a member of the Intellectual Property Group.
Her work has included trademark and copyright protection strategies, intellectual property litigation, unfair competition, intellectual property due diligence, cybersquatting and related technology issues. Mimiao has also advised clients on export regulation of military and dual-use items and customs regulation in China. Mimiao also works extensively on cybersecurity & data privacy issues for both Chinese and international clients.
Prior to joining Orrick, Mimiao was a senior associate in the Beijing and Shanghai offices of a major PRC law firm.
Yali Hu, a senior associate in Orrick's Beijing office, is a member of the Intellectual Property Group.
Yali assists local- and foreign-based multinational companies with all aspects of their intellectual property rights in China, Europe and the United States, including Section 337 U.S. International Trade Commission (ITC) litigation. Yali has extensional experience in patent, trademark, domain name, copyright and trade secret.
Yali’s intellectual property-related services include patent filing and subsequent maintenance affairs for her clients.
Patrick Hubert, a Paris-based partner in the Antitrust & Competition group, brings decades of legal experience and innovation in both private practice and government, with experience ranging from acting as chief of staff to the French Minister of Justice, to being general counsel and chief investigator with the French competition authority, and from acting as a judge with the Conseil d’Etat (French Supreme Administrative Court) to even publishing a paper as a cell biologist (when very young).
This breadth of experience has allowed him to become a leading authority in the field of antitrust, but his background helps him borrow ideas from anywhere – finding imaginative solutions for the legal and business challenges his clients face.
Patrick has long been a trailblazer in his field. For example, years before private compliance programs became commonplace, Patrick persuaded his clients to dedicate resources to compliance policies, thus being one of the first to encourage proactive rather than strictly reactive actions. In France, he was one of the first to launch antitrust recovery claims and to work on a private standalone claim, without any precedent from the regulator. Acting on the plaintiff side, he obtained the highest fine ever imposed on a dominant company, a record that has remained unchallenged so far.
He is currently handling private claims totaling more than 5 billion euro, advising global tech companies and other multinationals in French and EU competition matters, including merger control filings, cartel and abuse of dominance investigations, state aid and compliance work, as well as private damages actions before the French courts. In addition, he serves as vice chairman of the competition commission of the International Chamber of Commerce and chairs its merger control working party.
Annette L. Hurst, Lead Director on Orrick’s Board of Directors and a partner in the San Francisco office, practices in the Intellectual Property Group and leads the firm’s Artificial Intelligence Practice.
Annette is an experienced trial lawyer who has tried patent, copyright, trade secret, trademark and business tort claims. As an experienced IP risk analyst with deep expertise in the software industry, Annette has been a go-to counselor and speaker regarding the legal issues surrounding access and use of datasets in the development of machine learning algorithms. She was named “Litigator of the Week” by The American Lawyer for her work as co-lead counsel on the Mattel/MGA case. Chambers Global ranks her in Band 1 for Trademark, Copyright & Trade Secrets, with clients reporting that she is “smart, creative and terrific at oral argument” and "a very well-known authority in copyright law, a great advocate and a great trial lawyer." Chambers reports: “Peers consider Annette Hurst a ‘remarkably intuitive’ lawyer who ‘brings unique perspectives to soft IP cases.” Since 2018, The Legal 500 has recognized Annette as a "Leading Lawyer" in copyright law, and she was named “Female Litigator of the Year West” by Benchmark Litigation in 2013. Annette has been repeatedly named one of the top 75 IP litigators in California by The Daily Journal.
Annette’s community and professional activities include past service as the President of the Lafayette Elementary School PTA, past membership on the Board of Directors of the Volunteer Legal Services Program and Board of Directors of the Bar Association of San Francisco for which she was chair of the Finance and Investments Committee. She also is a past member of the Board of Directors of the Legal Aid Society of San Francisco and the Board of Governors of the Association of Business Trial Lawyers, Northern California Chapter, as well as a past president of the Barristers Club.
Sunny practices in Orrick's White Collar, Investigations, Securities Litigation & Compliance group.
Sunny's varied experience includes securing dismissal with prejudice of securities fraud claims against a Chinese company incorporated in the Cayman Islands, litigating on behalf of the plaintiff in a civil RICO action, and obtaining a favorable settlement for a corporation in a dispute with its former chairman and controlling shareholder. He began his legal career by honing his research and writing skills as a law clerk to the Honorable Kimberly J. Mueller and judicial extern to the Honorable Harry Pregerson.
Before law school, Sunny served for several years as a trade attache for the French government.