Current Employment Position(s)

Partner

Lawyer Overview

Jim Gauch has substantial experience in complex litigation at both the trial court and appellate levels in a broad range of matters, including securities fraud, antitrust, energy, bankruptcy, government contract fraud, product liability, corporate governance, and international law. Representative matters include defense of Ernst & Young in private securities fraud litigation and before the Securities and Exchange Commission, defense of Bridgestone/Firestone in product liability and securities fraud litigation, defense of TRW in qui tam litigation under the False Claims Act, the successful resolution of antitrust claims against Nextel Communications, representation of the Dart Group Corporation in a highly publicized corporate governance dispute, and representation of First American Bankshares in multiparty litigation arising out of the collapse of the Bank of Credit and Commerce International.

Drawing upon his prior government experience, Jim has also advised clients on litigation options and alternatives in dealings with various federal agencies, including the Department of Justice, the Securities and Exchange Commission, the Federal Trade Commission, the Environmental Protection Agency, the Federal Aviation Administration, and the Occupational Safety and Health Administration. Those matters have included advice concerning constitutional and Administrative Procedure Act challenges to administrative enforcement actions as well as advice on the substantive requirements of the particular statutes at issue.

Jim is a member of the bars of the District of Columbia and Ohio and is admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeals for the D.C. and Sixth Circuits, and the U.S. District Courts for the District of Columbia and the Southern District of Ohio. Jim is active in the Federalist Society and is former chairman of its Administrative Law Practice Group.

Areas of Practice

• Issues & Appeals
• Securities and Shareholder Litigation & SEC Enforcement
• Securities Fraud Class Actions
• Trial Practice
• Government Regulation
• Statutory & Regulatory Litigation

Representative Cases

• Conoco Inc. v. FERC, 90 F. 3d 536 (DC Cir. 1996)
• Eastern Enterprises v. Apfel (524 U.S. 498 (1998))
• First American Corp. v. Al-Nahyan (D.D.C.)
• Floyd v. District of Columbia, 129 F. 3d 152 (D.C. Cir. 1997)
• Haft v. Dart Group Corporation
• In re Bridgestone Securities Litigation, No. 3:01-0017 (M.D. Tenn.); 399 F. 3d 651 (6th Cir 2005)
• In re Client C-V
• In re OM Securites Litigation (N.D. Ohio)
• In re Washington Group International, Inc., United States Court of Appeals for the Fifth Circuit (No. 06-30351)
• Maryland v. Richard A.
• SEC v. Health South
• Sportsman's Market Inc. v. Federal Aviation Admin. (D.D.C.)
• Syverson v. International Business Machines, Inc., Case No. C-03-04529 (RMW), U.S. District Court for Northern District of California, San Jose Division , (2008)
• Thiemann v. OHSL Financial Corp. (S.D. Ohio)
• United States ex. rel. Bagley v. TRW, Inc., U.S.D.C., C.D. Cal.
• United States v. Motorola, Inc., No. I:94CV02331 (TFH), 1999 WL 1581522 (D.D.C. 1999)
• Formation and Operation of a U.S. Tax-exempt Charitable Organization , (2009)
• In re Terrorist Attacks, 349 F. Supp. 2d 765 (S.D.N.Y.)
• Shareholder Securities
• U.S. Department of Labor, Occupational Safety and Health Administration - Rulemaking on Proposed Ergonomics Program Standard, No. S-777 (1999-2000)

West Practice Categories

Bankruptcy Litigation, Capital Markets, Class Actions, Commodities, Complex Litigation, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Food & Drug Administration, Foreign Investment, Government Agencies & Programs, Housing & Urban Development, International Trade Litigation, Law Enforcement Agencies, Litigation & Appeals, Medicare & Medicaid, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, Private Placements, Public Offerings, Securities Fraud & Insider Trading, Securities Law, Securities Regulation, Social Security -- Disability, Social Security -- Retirement & Survivors Benefits, State & Local Agencies, State Appellate Practice, State Trial Practice, State, Local & Municipal Law, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court, Veterans' Affairs, Welfare

Bar Admissions

• District of Columbia
• Ohio

Education

• U of Chicago

Address

51 Louisiana Avenue, N.W.
Washington, DC 20001-2113

Phones

1.202.879.3880 (Business Phone)

Faxes

1.202.626.1700 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com