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James N. Kramer

Partner

旧金山

硅谷

Jim defends companies, and C-suite executives, officers and directors in shareholder class actions, derivative suits, RICO cases and regulatory proceedings. He is sought after to help clients mitigate securities litigation and enforcement risks, advising on corporate governance, fiduciary duty and disclosure issues. Leveraging his 30+ years as a litigator, Jim leads clients through complex, extensive internal investigations.

Recognized as a leader in Securities Litigation by Chambers USA, clients praise Jim as, “a spectacular relationship manager” and tell the publication, “Jim is one of the first people I will call to think through an issue. I would use him for any securities matters.” Jim is also regularly featured among Benchmark Litigation’s list of the nation’s Leading Litigators.

Jim is a frequent lecturer on securities and class action litigation and an editor for the Securities Reform Act Litigation Reporter. 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.

    • 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.
    • McRitchie vs. Meta Platforms, Inc. In a precedent setting decision, obtained a complete dismissal of a stockholder derivative case on behalf of the board of Meta Platforms, Inc., in the Court of Chancery for the State of Delaware.
    • In re Block, Inc. Securities Litigation. Represent Block, Inc., senior executives and board members in a securities class action and related derivative actions arising out of an alleged cybersecurity incident.
    • In re Fisker, Inc. Securities Litigation. Represent Fisker, Inc., senior executives and board members in a securities class action and related derivative actions arising out of alleged accounting matters.
    • VantagePoint Capital Partners v. TTS, Inc. Represent VantagePoint Capital Partners in an action to recover an investment in a Chinese company. After an ICC arbitration obtained a complete judgement in the client’s favor, including an award of attorneys’ fees and costs.
    • 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.  The complaint was dismissed with prejudice on our motion to dismiss.
    • 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. The complaint was dismissed with prejudice on our motion to dismiss.
    • 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.