People: 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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Mr. Lesinski is a partner in the San Francisco and Los Angeles offices and is a founding member of the firm’s Securities and Financial Litigation Practice Group.  He represents public and private corporations, accounting firms, financial services firms, private equity firms, lawyers, corporate officers and directors and insurance companies in complex litigation, class actions, shareholders’ derivative suits, qui tam actions, whistleblower complaints, governmental investigations and enforcement actions and internal corporate investigations.

Mr. Lesinski has successfully represented clients in investigations and enforcement actions by the Securities and Exchange Commission, the Department of Justice, state accountancy boards, state commissioners of revenue and the Office of the Comptroller of the Currency.

He has extensive trial and appellate experience in cases involving claims of securities fraud, health care fraud, accountant malpractice,  False Claims Act violations, Sarbanes-Oxley violations, ERISA stock drop liability, mergers and acquisitions fraud, tax liability, attorney malpractice, breach of fiduciary duties, breach of contract and all aspects of professional liability.

Mr. Lesinski is a graduate of Harvard Law School and is a former member of the Board of Directors of the Greater Boston Chamber of Commerce.  He is a frequent speaker on legal trends affecting American and international business, including directors’ and officers’ liability, health care fraud, securities fraud, SOX whistleblower liability and professional liability.  He has been an active member of the California bar for over 28 years, and has successfully prosecuted and defended many high profile cases in Northern and Southern California.

Mr. Lesinski is a partner in the San Francisco and Los Angeles offices and is a founding member of the firm’s Securities and Financial Litigation Practice Group.  He represents public and private corporations, accounting firms, financial services firms, private equity firms, lawyers, corporate officers and directors and insurance companies in complex litigation, class actions, shareholders’ derivative suits, qui tam actions, whistleblower complaints, governmental investigations and enforcement actions and internal corporate investigations.

Mr. Lesinski has successfully represented clients in investigations and enforcement actions by the Securities and Exchange Commission, the Department of Justice, state accountancy boards, state commissioners of revenue and the Office of the Comptroller of the Currency.

He has extensive trial and appellate experience in cases involving claims of securities fraud, health care fraud, accountant malpractice,  False Claims Act violations, Sarbanes-Oxley violations, ERISA stock drop liability, mergers and acquisitions fraud, tax liability, attorney malpractice, breach of fiduciary duties, breach of contract and all aspects of professional liability.

Mr. Lesinski is a graduate of Harvard Law School and is a former member of the Board of Directors of the Greater Boston Chamber of Commerce.  He is a frequent speaker on legal trends affecting American and international business, including directors’ and officers’ liability, health care fraud, securities fraud, SOX whistleblower liability and professional liability.  He has been an active member of the California bar for over 28 years, and has successfully prosecuted and defended many high profile cases in Northern and Southern California.

Education

  • J.D., Harvard Law School (1983)
  • B.A., University of Arizona (1980)
  • 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

  • Represented former officers and directors of Silicon Valley company in numerous securities fraud cases filed in California Superior Court.
  • Represented a “Big Four” accounting firm in one of the largest securities fraud and accountant liability class actions ever brought in the United States.
  • Represented an officer and director of a large multi-national publicly-traded company in a securities fraud action brought in the United States, and coordinated with French counsel in a parallel action brought in France.
  • Represented the Chairman and CEO of a publicly-traded pharmaceutical company in trade secret litigation and an SEC investigation.
  • Represented a “Big Four” accounting firm in connection with “whistleblower” allegations brought under the False Claims Act by employee of the firm’s client.
  • Represented a “Big Four” accounting firm in a securities fraud and accountant liability class action involving the collapse of one of the nation’s largest mortgage lenders.
  • Represented one of the nation’s largest insurance companies in numerous actions against health care providers suspected of fraudulent billing practices.
  • Represented a major investment bank in qui tam action brought under the False Claims Act.
  • Represented a prominent bankruptcy lawyer in criminal prosecution for bank fraud, wire fraud, mail fraud and violations of RICO
  • Represented an officer and director of a large private company in a Bankruptcy Court adversary proceeding alleging breaches of fiduciary duties.
  • Represented a “Big Four” accounting firm in a complicated SEC investigation involving claims of fraud and professional negligence.
  • Represented one of the nation’s largest banks in hostile takeover litigation against another bank.
  • Represented the Bond Fund Trustee in litigation that challenged the validity of bonds worth $500,000,000 issued to fund the Seabrook Nuclear Power Plant.
  • Represented a private equity firm in an action alleging breach of fiduciary duties in connection with a “wash out” round of financing.
  • Represented a “Big Four” accounting firm in an investigation brought by the Department of Justice.
  • Represented a large multi-national software company and its officers and directors in a securities fraud and negligence class action alleging improper revenue recognition.
  • Represented a leading life and health insurer in a fraud action brought by the Michigan Attorney General.
  • Represented two of the nation’s largest life insurers in premium tax litigation.
  • Represented a large multi-national insurer in an ERISA class action alleging improper market timing.
  • Represented a California insurer in an ERISA action brought by a California labor union alleging imprudent investments of union pension funds.
  • Represented a leading property and casualty insurer in claims of defamation and unfair business practices brought by body shop owners in Rhode Island.
  • Represented one of the nation’s largest telecommunications companies in landmark property tax litigation .
  • Represented a “Big Four” accounting firm in an investigation by the Massachusetts Commissioner of Revenue.
  • Represented a “Big Four” accounting firm in an investigation by the Massachusetts Board of Accountancy.
  • Represented a “Big Four” accounting firm in tax shelter litigation involving claims of fraud and professional negligence.

Publications

  • Chapter Author, “Notable Cases and Recent Settlements in Securities Litigation,” Inside the Minds, published by Aspatore Books (2011)