People: Kevin J. Lesinski, Partner

Photo of Kevin J. Lesinski, Partner

Kevin J. Lesinski

Partner

San Francisco
Direct: (415) 544-1083
Fax: (415) 397-8549
Los Angeles - Downtown
Direct: (213) 270-9690
Fax: (213) 270-9601
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Kevin Lesinski is Co-Chair of the firm’s National Securities and Financial Litigation Practice Group.  A seasoned and successful trial lawyer, Mr. Lesinski focuses on securities litigation, shareholder class and derivative actions, disputes arising from proposed and consummated mergers and acquisitions, antitrust, accountant liability, corporate governance matters and internal investigations.  As a member of the firm’s Fraud and Abuse Team, he also represents clients in False Claims Act cases and has successfully litigated cutting edge health care fraud cases.  As a member of the firm’s Whistleblower Team, Mr. Lesinski counsels clients on best practices and represents them in whistleblower complaints filed by current and former employees and contractors.  Mr. Lesinski has successfully defended clients in SEC, FINRA, FTC and Department of Justice investigations.

A trusted advisor to corporate officers and directors, financial services firms, accounting firms and insurance companies, Mr. Lesinski has successfully navigated his clients through difficult “bet the company” cases and corporate crises.  A leader in the Northern California business community, Mr. Lesinski serves as a member of the board of directors of the San Francisco Chamber of Commerce.  He is active in promoting economic development throughout the San Francisco Bay Area through his work on the Chamber board.  He has handled high profile pro bono cases, including a post-conviction death penalty appeal for a prisoner on Alabama’s Death Row.  He also dedicates significant time to civic, charitable and cultural organizations, including the San Francisco Symphony.  Mr. Lesinski has been active in the Harvard Law School Association and has chaired the “Committee of Five” which was responsible for appointment of members to the Harvard Law School Association Council.

Mr. Lesinski has handled international arbitrations brought before the ICC and the AAA for both foreign and domestic clients.  He has significant experience handling, and obtaining dismissals of, litigation in the United States where similar or parallel proceedings are pending in foreign jurisdictions.

A frequent speaker on panels and at seminars, Mr. Lesinski has reached a broad audience on topics including securities litigation, whistleblowers, SEC enforcement, intellectual property, accountant liability and Sarbanes-Oxley.  Mr. Lesinski is co-author of a popular Thompson Reuters book entitled “New Developments in Securities Litigation.”

Kevin Lesinski is Co-Chair of the firm’s National Securities and Financial Litigation Practice Group.  A seasoned and successful trial lawyer, Mr. Lesinski focuses on securities litigation, shareholder class and derivative actions, disputes arising from proposed and consummated mergers and acquisitions, antitrust, accountant liability, corporate governance matters and internal investigations.  As a member of the firm’s Fraud and Abuse Team, he also represents clients in False Claims Act cases and has successfully litigated cutting edge health care fraud cases.  As a member of the firm’s Whistleblower Team, Mr. Lesinski counsels clients on best practices and represents them in whistleblower complaints filed by current and former employees and contractors.  Mr. Lesinski has successfully defended clients in SEC, FINRA, FTC and Department of Justice investigations.

A trusted advisor to corporate officers and directors, financial services firms, accounting firms and insurance companies, Mr. Lesinski has successfully navigated his clients through difficult “bet the company” cases and corporate crises.  A leader in the Northern California business community, Mr. Lesinski serves as a member of the board of directors of the San Francisco Chamber of Commerce.  He is active in promoting economic development throughout the San Francisco Bay Area through his work on the Chamber board.  He has handled high profile pro bono cases, including a post-conviction death penalty appeal for a prisoner on Alabama’s Death Row.  He also dedicates significant time to civic, charitable and cultural organizations, including the San Francisco Symphony.  Mr. Lesinski has been active in the Harvard Law School Association and has chaired the “Committee of Five” which was responsible for appointment of members to the Harvard Law School Association Council.

Mr. Lesinski has handled international arbitrations brought before the ICC and the AAA for both foreign and domestic clients.  He has significant experience handling, and obtaining dismissals of, litigation in the United States where similar or parallel proceedings are pending in foreign jurisdictions.

A frequent speaker on panels and at seminars, Mr. Lesinski has reached a broad audience on topics including securities litigation, whistleblowers, SEC enforcement, intellectual property, accountant liability and Sarbanes-Oxley.  Mr. Lesinski is co-author of a popular Thompson Reuters book entitled “New Developments in Securities Litigation.”

Education

  • J.D., Harvard Law School (1983)
  • B.A., University of Arizona (1980)
    Honors and Highest Distinction, Graduated Phi Beta Kappa
  • Certified Lean Six Sigma Yellow Belt

Admissions

  • California
  • Massachusetts
  • Michigan

Courts

  • U.S. Court of Appeals for the First, Sixth, Ninth and Federal Circuits
  • U.S. District Court for the Central, Northern and Southern Districts of California
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the District of Connecticut

Affiliations

  • American Bar Association (Litigation Section)
  • Boston Bar Association (Litigation Section)
  • State Bar of California (Litigation Section)
  • State Bar of Michigan (Litigation Section)
  • Harvard Law School Association

Representative Engagements

  • M&A Litigation.  Lead counsel for former directors and officers of San Francisco biometrics pioneer Solidus Networks in litigation brought in San Francisco Superior Court by owner of company acquired by Solidus prior to Solidus’ Chapter 11 bankruptcy filing.  Obtained dismissal of all fraud causes of action without leave to amend.  Settled case on very favorable terms shortly thereafter.  Successfully obtained good faith settlement bar.
  • Auction Rate Securities Litigation.  Lead counsel for health care industry financial advisor Kaufman, Hall & Associates, Inc. in action brought in Orange County, CA Superior Court by hospital district client that issued auction rate securities.  Settled on extremely favorable terms after demurrer was sustained.  Successfully obtained good faith settlement bar.
  • Shareholder Litigation.  Lead counsel for former officers and directors of Pay By Touch in five cases brought in San Francisco Superior Court by shareholders alleging securities fraud.  Following extensive discovery, settled each of the cases on very favorable terms.  Successfully obtained good faith settlement bar.
  • Health Care Fraud Litigation.  Lead counsel for ILWU-PMA Welfare Plan in health care fraud case against surgery center and plastic surgeon.  Obtained summary judgment on all claims and counterclaims, and an award of over $800,000 in attorneys’ fees.
  • Antitrust.  Lead counsel for financial services company in FTC antitrust investigation.  Investigation concluded with no action taken by the FTC.
  • Private Equity.  Lead counsel for San Francisco-based private equity firm in litigation brought by minority shareholder in portfolio company following “cram down” financing.  Shortly after I defended my client’s principal, Bill Hambrecht, at his deposition, the case settled on very favorable terms.
  • Securities Fraud Litigation.  Lead counsel for former corporate officer and director of Felt Manufacturing Company in adversary proceeding in New Hampshire Bankruptcy Court.  Obtained very favorable settlement with all claims against client dismissed with prejudice.
  • Accounting Liability.  Lead counsel for Big Four accounting firm in fraud and negligence action brought by former client.  Following three years of protracted litigation, obtained partial summary judgment.  Remaining claims were tried to a jury, resulting in a complete defense verdict. 
  • Defamation, Malicious Prosecution and Tortious Interference.  Lead counsel for Allstate Insurance Company in high profile defamation, malicious prosecution and tortious interference case brought by former president of body shop owners trade organization who was arrested in sting operation.  Obtained summary judgment for Allstate on all counts shortly before trial.
  • SEC Investigation.  Lead counsel for international professional services firm in SEC investigation.  After senior partner of client received a Wells notice, defended numerous depositions and made Wells submission.  The Commission reversed the Regional SEC Director’s recommendation and declined to pursue an enforcement action.
  • Mutual Fund Market Timing.  Lead counsel for Sun Life Financial in ERISA class action alleging damages caused by market timing at Sun Life’s subsidiary, MFS.  Case dismissed before completion of discovery phase.
  • Tax Strategy Litigation.  Lead counsel for KPMG in case brought by former client alleging fraud in connection with tax strategy recommended to client.  Obtained complete dismissal of case.
  • Options Backdating Litigation.  Represented KLA-Tencor in litigation against the company’s former CEO over alleged options backdating.  Case settled after extensive discovery.
  • International Arbitration.  Lead counsel for long-standing client Mediaspectrum in federal court litigation and international arbitration against UK-based minority shareholder over corporate governance and control issues.  Cases settled on very favorable terms.
  • Parallel Foreign Litigation.  Lead counsel in the United States for officer and director of SAGEM N.A. in a securities fraud case brought in New York.  Coordinated with French counsel in parallel action brought in France and obtained complete dismissal of New York action.
  • 10b-5 Class Action.  Represented officers and directors of multi-national publicly traded software company in a securities fraud class action alleging improper revenue recognition.  Case settled on very favorable terms.
  • State Department of Revenue Investigation.  Lead counsel for Big Four accounting firm in investigation by Massachusetts Department of Revenue.  Investigation concluded with no action against the firm.
  • Domicile/State Tax.  Lead counsel for client in case brought by Massachusetts Commissioner of Revenue challenging client’s change of domicile to Florida.  Obtained complete defense verdict at trial.
  • Intellectual Property/M&A.  Represented KLA-Tencor in trade secret case brought by competitor, ADE.  Successfully defeated ADE’s motion for preliminary injunction.  Following successful resolution of litigation, KLA-Tencor acquired ADE.
  • 10b-5 Class Action.  Lead counsel for Big Four accounting firm in 10b-5 action brought by shareholders of financial services client.  Case settled on very favorable terms. 
  • Project Finance.  Represented bond fund trustee in litigation challenging the validity of bonds worth $500,000,000 issued to fund the construction and operation of the Seabrook Nuclear Power Plant.  Won at trial court level on summary judgment.  Decision affirmed by the Massachusetts Supreme Judicial Court.
  • False Claims Act/Internal Investigation.  Lead counsel for Big Four accounting firm in internal investigation conducted following filing of False Claims Act litigation against firm’s banking client.

Publications