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Jason P. Gonzalez



Jason Gonzalez represents entities and individuals in all types of government investigations, prosecutions and regulatory proceedings. He also represents a diverse client base in federal and state commercial litigation and counsels clients regarding data security and privacy.

What Do You Focus On?

I focus my practice on three primary areas.

Government Investigations, Prosecutions and Regulatory Matters

I leverage my nearly twelve years of experience as a federal prosecutor and deputy city attorney to represent entities and individuals under investigation by federal, state and local agencies. I’ve helped clients in matters brought by the criminal divisions of the Northern, Central, and Southern District of California U.S. Attorney’s offices, as well as from the Department of Justice’s Antitrust Division, the San Francisco District Attorney’s Office’s Economic Crimes Unit, the District of Alaska U.S. Attorney’s Office, the California Department of Justice, the California Department of Health Care Services and the Tax Division of the Central District U.S. Attorney’s Office.  I’ve also served clients facing matters brought by federal agencies including the SEC, FBI, FAA, Customs, DHS, HHS, TSA, the Federal Maritime Commission and the IRS. In addition, I assist clients through internal investigations and compliance with the requirements attached to conducting business on a global scale, including the Foreign Corrupt Practices Act.

Commercial Litigation

I’ve personally handled over 25 jury trials and dozens of arbitrations and other contested court proceedings. I leverage this experience to help clients involved in commercial litigation regarding alleged violations of the Telephone Consumer Protection Act (TCPA), breach of contract, alleged violations of the California wiretapping statute, commercial fraud claims and alleged violations of the Computer Fraud and Abuse Act.

Data Security and Privacy

I use my training and experience as a former federal prosecutor and as a managing director of a digital risk management and computer forensics firm to help clients assess and improve their data security and compliance with data privacy laws.

What do you see on the horizon?

The government is increasingly using criminal law to address issues formerly handled through civil enforcement and is more heavily relying on (and incentivizing) private “whistleblowers.” Clients should proactively address this increasingly risky business environment through effective compliance and, if necessary, vigorous defense.

Presentations

  • “Cybersecurity and data breaches,” Nixon Peabody Annual MCLE Seminar, San Francisco, January 2017
  • “Data Privacy and Security Issues with Mobile Technology,” Nixon Peabody Seminar, October 4, 2012
  • “ESI and the Fourth Amendment,” American Bar Association Criminal Justice Section Spring Meeting, April 13, 2012 (panelist)
  • “Social Media in Criminal Cases,” Orange County Criminal Bar Association, January 26, 2012
  • “Criminal and Multi-Jurisdictional Issues for Trade Secret and Non-Compete Cases,” CLE Presentation, Bridgeport Continuing Education, June 24, 2011 (co-presenter)
  • “E-Discovery and Social Media: Evolving Litigation Challenges,” Webinar, Strafford Publications, April 14, 2011 (co-presenter)
  • “Mobile Phone and PDA Forensics and Evidence: An Overview for Lawyers,” Webinar, West LegalEdCenter, February 24, 2011 (co-presenter)

Publications

  • “Mobile Devices and Attorney Ethics: What Are the Issues?” BNA’s The United States Law Week, December 6, 2011
  • “SEC Staff Issues Guidance Regarding Cybersecurity Risks,” Nixon Peabody Securities Law Alert, October 28, 2011
  • “Authenticating Electronic Evidence,” Law 360: Expert Analysis, July 5, 2011 (coauthor)
  • “Mobile Device Forensics: A Brave New World?” Bloomberg Law Reports, May 16, 2011 (coauthor)
  • “What is a DDoS Attack and How Can You Prevent One,” Corporate Compliance Insights, February 14, 2011

Representative Experience

  • Represented an educational institution in a threatened TCPA action. Negotiated a successful resolution in which the putative plaintiff simply walked away, obtaining no money, and filing no claims against the client.
  • Represented a non-profit institution in TCPA litigation, and quickly negotiated a resolution on favorable terms for the client.
  • Representation of defendant in federal investigation of alleged health care “upcoding” fraud.
  • Defense of drug treatment centers in statewide sweep brought by California Department of Health Care Services concerning alleged Medi-Cal fraud.
  • Representation of international recycling corporation in statewide District Attorney’s investigation regarding alleged reporting violations and millions of dollars of alleged civil penalties exposure.
  • Internal FCPA investigation for food products client regarding operations in South East Asia.
  • Won summary judgment in civil tax matter brought by Tax Division of Central District of California US Attorney’s Office; resulted in published decision of national significance regarding manufacturing tax deduction (26 U.S.C. § 199).
  • Representation of corporate client victimized in international fraud scheme; representation includes filing civil action, working with US government investigators and interacting with Taiwanese law enforcement.
  • Defense of international jewelry business in related criminal, administrative and civil matters originating out of District of Alaska US Attorney’s Office prosecution.
  • Representation of airline parts manager in fraud investigation brought by Central District US Attorney’s Office.
  • Representation of individual in bid-rigging investigation headed by the Antitrust Division of the Department of Justice.
  • Representation of individual in multi-defendant bribery prosecution brought by the Southern District US Attorney’s Office.
  • Successful representation of internet company in putative civil class action matter; convinced plaintiff to dismiss case at pleadings stage.
  • Representation of religious institution in US Tax Court trial in the Southern District of New York regarding alleged failures to report income (results pending).
  • Defense of national bank in civil state court matter regarding alleged fraud in connection with loan underwriting; convinced plaintiff to dismiss case at pleadings stage.
  • Creation of FCPA compliance programs for clients, including through creation of policies, training and third-party certification protocols.
  • Representation of individual in investigation brought by Department of Homeland Security and the Transportation Security Administration regarding airport passenger scanning devices.
  • Representation of municipal financial advisor in SEC audit/investigation and in advice matters regarding potential conflicts of interest (California Government Code Section 1090).
  • Representation of school district in SEC investigation regarding municipal bond issuances.
  • Defense of international shipping companies in maritime breach of contract civil litigation.
  • Representation of health care institution client in pre-litigation dispute with hospital and physicians’ group regarding joint business operations.
  • Defense of software manufacturer in criminal trade secrets and copyright infringement prosecution.
  • Analysis of over 400 computers regarding alleged use of “evidence wiping” software in a trade secrets theft matter.
  • Managed review of data security policies and procedures for large institutional client.
  • Analysis of data from personal computers, e-mail servers and file shares for evidence regarding theft of trade secrets.
  • Investigation of the alleged theft of computer source code, including through analysis of similarities of code and code architecture and review of source code logging information.
  • Managing international computer forensics team in analysis of enterprise workstation, e-mail server and file share data relating to alleged spoliation of evidence.
  • Prosecution and trial of businessman in a large international scheme to defraud the US Export-Import bank.  Convicted defendant after jury trial.
  • Prosecution and trial of former manager of the Grateful Dead for $5 million complex tax evasion scheme. Convicted defendant after jury trial.
  • Prosecution and trial of three-defendant complex credit card fraud scheme. Secured guilty pleas of two defendants and convicted the third (a lawyer) after a two-week jury trial.
  • Investigation and prosecution of multi-million dollar corporate line of credit fraud scheme involving international recycling firm.  Both defendants pleaded guilty.
  • Extradition and prosecution of defendant in a $2.3 million securities fraud matter.
  • Investigation and prosecution of a $36 million international foreign exchange Ponzi scheme. Defendant pleaded guilty and was sentenced to 10 years in prison.
  • Headed multi-agency (FBI, LAPD Robbery-Homicide, California Department of Insurance, and US Postal Inspection Service) investigation and prosecution that received international media attention.  Indicted defendants for mail fraud and related offenses, then developed overwhelming evidence on murders sufficient to refer case to the state.  State convicted defendants of murder based almost entirely on evidence developed in the federal case.
  • Investigation and prosecution of international scheme involving “round-tripping” and other frauds involving the falsification of revenue, including securities fraud. Case involved parallel SEC proceedings. Secured guilty plea of key defendant.
  • As a federal prosecutor, investigated and tried a plastic surgeon for $4 million insurance and health care fraud, money laundering and aggravated identity theft.  Convicted defendant after two-week jury trial.
  • Defense of extensive litigation regarding the water and sewer rates San Francisco charged University of California and other public entities in San Francisco County. Case involved precedent-setting issues regarding interpretation of utilities statutes. Obtained summary judgment, saving the city at least $11 million.

3rd-Party Onlookers May Trigger Breach of EU Privacy Laws

Law360 | April 15, 2015

Los Angeles Government Investigations & White Collar Defense partner Jason Gonzalez and Boston Government Investigations & White Collar Defense associate Eric Walz authored this article on claims against businesses handling personal data within the European Union based on an expanded interpretation of the Data Privacy Act.

SEC Probing American Apparel

Los Angeles Business Journal | March 26, 2015

Los Angeles Government Investigations & White Collar Defense partner Jason Gonzalez is quoted in this article discussing the Securities and Exchange Commission’s investigation behind the ousting of the former American Apparel CEO and founder.

Contact

Jason P. Gonzalez

Partner
Practice Group Leader, Data Privacy & Cybersecurity

Los Angeles

Phone: 213-629-6019

San Francisco

Phone: 415-984-8279


Fax: 866-233-7749

Stanford University, J.D.

University of Michigan, B.A., with high honors

California

U.S. District Court, Central District of California

U.S. District Court, Northern District of California

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