Jesse L.Miller
Partner
Commercial Litigation
jmiller@seyfarth.com
Jesse is an experienced trial lawyer. Jesse’s clients know him to be a fierce competitor, strategic thinker, and trusted advisor who understands their business drivers.
More About Jesse
Jesse counsels his clients in all phases of litigation and in their efforts to avoid the burdens imposed by litigation. Jesse has extensive first-chair experience in the courtroom and at arbitration. His practice focuses on complex commercial litigation and class action defense. He also has deep experience handling employment and false claims litigation. Jesse frequently leads teams in fast-moving cases involving the theft of trade secrets, non-competes, and unfair competition, including claims arising under California Business and Professions Code Section 17200.
Jesse has developed a national reputation representing clients in Uniformed Services Employment and Reemployment Rights Act (USERRA) matters. He counsels employers regarding military leave law issues arising under USERRA and analogous state laws. Jesse has successfully defended employers in federal courts across the United States and at arbitration in dozens of cases, and has successfully compelled USERRA matters to arbitration. He also regularly represents clients on USERRA matters before the US Department of Labor.
Jesse began his legal career at the San Francisco District Attorney's office and continues his public service as a Citizen Soldier in the California National Guard as its Joint Chief of Staff for the second-largest reserve military force in the US with over 19,000 soldiers and airmen.
Military Experience
Colonel, US Army
Jesse is a decorated Infantry officer whose US Army career has spanned over 31 years. He currently serves as the Chief of Staff, Joint Staff, California National Guard, a two-star general officer command composed of over 19,000 servicemembers. He previously served as the Chief of Staff, 40th Infantry Division in Los Alamitos, California from June 2021 to May 2022.
In March 2020, Jesse commanded the first California National Guard task force mobilized to provide humanitarian assistance in response to the COVID-19 pandemic; in April 2020, he served as the Deputy Commander, Joint Task Force - California, the largest task force of its kind in the United States. From April 2020 to May 2021, Jesse led California's statewide response to the pandemic in foodbanks, nursing homes, and hospitals; spearheaded a massive interagency vaccination; and simultaneously managed the Guard's response to civil unrest and historic wildfires. During California's dynamic response to these unprecedented emergencies, Jesse was a frequent commentator on BBC, CNN, ABC, and Good Morning America, as well as in the Los Angeles Times. His leadership during the pandemic was covered by The Am Law Litigation Daily and The Recorder. Jesse’s efforts included significant interagency work in the County of Los Angeles, leading the military’s support to local agency operations at food banks, skilled nursing facilities, and testing and vaccination sites.
Over the course of his career, Jesse has served in key leadership assignments at all echelons, including Brigade Commander, 115th Regional Support Group in Roseville (2017-2020), Squadron Commander, 1-18th Cavalry Squadron in Azusa (2012-2014), S-3/Operations Officer, 79th Infantry Brigade Combat Team in San Diego (2010-2012), Deputy J-3, California National Guard in Sacramento (2014-2015), Executive Officer to the Commanding General, California Army National Guard in Sacramento (2015-2017), and Commander, Bravo Company, 1-184th Infantry (Air Assault) in Dublin (2001-2003).
Jesse is what is known as a Citizen Soldier, meaning his military duties come in addition to those of his civilian career and family responsibilities. Jesse enlisted in the Army as an Infantryman; he later was selected for Officer Candidate School and commissioned as an Infantry officer. During his military career, Jesse has served as a key leader during a number of contingency operations and state emergencies. Following the events of 9/11, Jesse deployed to the Middle East as the commander of a 160-man enhanced rifle company conducting security force missions for Army Central Command. In 2005, Jesse deployed to New Orleans following Hurricane Katrina as part of the military relief effort serving as the operations officer for Joint Task Force - California. In 2007, Jesse deployed to San Diego at the onset of the Southern California wildfires serving on the primary staff of a Brigade sized task force made up of over 2,200 soldiers and airmen. In December 2009, Jesse's unit returned from a one-year deployment to the Balkans where it conducted peace enforcement operations as part of the NATO-led Kosovo Force. During the mission, Jesse served as the executive officer and second-in-command of an Infantry battalion task force. From 2017 to 2019, Jesse served as a senior trainer in Ukraine during “Rapid Trident,” the country’s annual, capstone joint, coalition training exercises, helping to enhance the partnership and build readiness. He also led civil support operations assisting local communities and first responders during the devastating 2018 California wildfires.
Jesse is a graduate of the prestigious US Army War College. The War College's mission is to prepare senior military and civilian leaders for the responsibilities of strategic leadership and the global application of Landpower to achieve national security objectives.
Jesse has developed a national reputation representing clients in Uniformed Services Employment and Reemployment Rights Act (USERRA) matters. He counsels employers regarding military leave law issues arising under USERRA and analogous state laws. Jesse has successfully defended employers in federal courts across the United States and at arbitration in dozens of cases, and has successfully compelled USERRA matters to arbitration. He also regularly represents clients on USERRA matters before the US Department of Labor.
Jesse began his legal career at the San Francisco District Attorney's office and continues his public service as a Citizen Soldier in the California National Guard as its Joint Chief of Staff for the second-largest reserve military force in the US with over 19,000 soldiers and airmen.
Military Experience
Colonel, US Army
Jesse is a decorated Infantry officer whose US Army career has spanned over 31 years. He currently serves as the Chief of Staff, Joint Staff, California National Guard, a two-star general officer command composed of over 19,000 servicemembers. He previously served as the Chief of Staff, 40th Infantry Division in Los Alamitos, California from June 2021 to May 2022.
In March 2020, Jesse commanded the first California National Guard task force mobilized to provide humanitarian assistance in response to the COVID-19 pandemic; in April 2020, he served as the Deputy Commander, Joint Task Force - California, the largest task force of its kind in the United States. From April 2020 to May 2021, Jesse led California's statewide response to the pandemic in foodbanks, nursing homes, and hospitals; spearheaded a massive interagency vaccination; and simultaneously managed the Guard's response to civil unrest and historic wildfires. During California's dynamic response to these unprecedented emergencies, Jesse was a frequent commentator on BBC, CNN, ABC, and Good Morning America, as well as in the Los Angeles Times. His leadership during the pandemic was covered by The Am Law Litigation Daily and The Recorder. Jesse’s efforts included significant interagency work in the County of Los Angeles, leading the military’s support to local agency operations at food banks, skilled nursing facilities, and testing and vaccination sites.
Over the course of his career, Jesse has served in key leadership assignments at all echelons, including Brigade Commander, 115th Regional Support Group in Roseville (2017-2020), Squadron Commander, 1-18th Cavalry Squadron in Azusa (2012-2014), S-3/Operations Officer, 79th Infantry Brigade Combat Team in San Diego (2010-2012), Deputy J-3, California National Guard in Sacramento (2014-2015), Executive Officer to the Commanding General, California Army National Guard in Sacramento (2015-2017), and Commander, Bravo Company, 1-184th Infantry (Air Assault) in Dublin (2001-2003).
Jesse is what is known as a Citizen Soldier, meaning his military duties come in addition to those of his civilian career and family responsibilities. Jesse enlisted in the Army as an Infantryman; he later was selected for Officer Candidate School and commissioned as an Infantry officer. During his military career, Jesse has served as a key leader during a number of contingency operations and state emergencies. Following the events of 9/11, Jesse deployed to the Middle East as the commander of a 160-man enhanced rifle company conducting security force missions for Army Central Command. In 2005, Jesse deployed to New Orleans following Hurricane Katrina as part of the military relief effort serving as the operations officer for Joint Task Force - California. In 2007, Jesse deployed to San Diego at the onset of the Southern California wildfires serving on the primary staff of a Brigade sized task force made up of over 2,200 soldiers and airmen. In December 2009, Jesse's unit returned from a one-year deployment to the Balkans where it conducted peace enforcement operations as part of the NATO-led Kosovo Force. During the mission, Jesse served as the executive officer and second-in-command of an Infantry battalion task force. From 2017 to 2019, Jesse served as a senior trainer in Ukraine during “Rapid Trident,” the country’s annual, capstone joint, coalition training exercises, helping to enhance the partnership and build readiness. He also led civil support operations assisting local communities and first responders during the devastating 2018 California wildfires.
Jesse is a graduate of the prestigious US Army War College. The War College's mission is to prepare senior military and civilian leaders for the responsibilities of strategic leadership and the global application of Landpower to achieve national security objectives.
- JD, The George Washington University Law School
- BA, Bates College
Latin American Studies - MA, The George Washington University, Elliott School of International Affairs
Latin American Studies - MA, United States Army War College
Strategic Studies
- California
- US Court of Appeals, First Circuit
- US Court of Appeals, Eighth Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, Tenth Circuit
- US Tax Court
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, Southern District of California
- US District Court, District of Colorado
- US District Court, Northern District of Georgia
- US District Court, Northern District of Illinois
- US District Court, District of Nebraska
- US District Court, Southern District of Ohio
- US District Court, Western District of Pennsylvania
- US District Court, Middle District of Tennessee
- US District Court, Western District of Tennessee
- US District Court, Northern District of Texas
- US District Court, Eastern District of Washington
- US District Court, District of Puerto Rico
Related Services
- Lead trial counsel to California’s largest school transportation company in a multi-year, highly contentious case under California’s False Claims Act (“CFCA”), involving sensational allegations regarding school bus safety, novel legal issues yet to be tried to verdict in a California State Court, and a number of third-party actors including the California Highway Patrol, the City Attorney’s office, multiple labor unions, and the local school board. Another global law firm team negotiated a highly favorable settlement on the eve of trial, after shaping the conditions for trial by discrediting Plaintiffs’ credibility, and creating the opportunity to engage the local school board in a broader settlement dialogue.
- Lead trial counsel in a JAMS arbitration winning a complete defense victory while representing a financial services technology company and government entity in January 2019 in a matter involving novel claims of elder abuse, banking regulations, financing and residential construction. The AAA arbitrator issued a 30-page final award in June 2019 finding for Jesse’s clients and against claimants on all claims.” Over seven days of trial, Jesse examined 15 lay witnesses and 6 experts. San Diego Superior Court Case No. 37-2016-00042327-CU-BT-CTL Judgment Confirming Contractual Arbitration Award, November 1, 2019.
- Lead trial counsel in a complete victory in an AAA arbitration proceeding for an Brazil-based robotics company in 2014, where the defendant – a large, U.S. based public company - had refused to deliver $7.7 million of equipment for which another global law firm’s client had already paid. Jesse’s team obtained a temporary protective order in Sacramento Superior Court, preventing the defendant from selling or otherwise disposing of the equipment in dispute, and then initiated arbitration proceedings with AAA. The defendant responded with a counterclaim seeking damages for more than $10 million. After a two-week arbitration in which Jesse and his team examined over 10 witnesses, the three-member AAA tribunal issued a lengthy reasoned decision and awarded another global law firm’s client approximately $9.9 million in cash and equipment. The tribunal also declared the Jesse’s client the prevailing party, awarding it nearly $700,000 in attorneys’ fees.
- Lead trial counsel for Charles Schwab in a contentious USERRA matter, winning a unanimous defense award following a two-week FINRA arbitration in 2011. See FINRA Case Number: 09-05551. The U.S. District Court for the District of Colorado confirmed the award in January 2012. Michael H. Ohlfs v. Charles Schwab& Co., Inc., 2012 WL 202776 (D. Colo. Jan. 24, 2012) Prior to the commencement of litigation, Jesse helped Schwab obtain a “no merit” finding from the Department of Labor in response to the plaintiff’s administrative charge. Another global law firm later successfully compelled the matter to arbitration from the District of Colorado.
- Lead trial counsel for a case team defending California’s largest school transportation company in a complex failure-to-warn case under California’s Proposition 65. The case raised novel legal issues under Proposition 65 and involved not only a large vehicle fleet but also a diverse ridership population. Unique among Proposition 65 cases, the case progressed for over two years and did not settle until the evening before trial. The mutually-agreeable settlement provided for a creative resolution to the case, allowing for technological upgrades and retrofits rather than fines.
- Lead counsel for three governmental entities (Los Angeles County and two Joint Powers Authorities) in a series of Truth in Lending Act (“TILA”) class actions challenging various aspects of the government entities’ Property Assessed Clean Energy (“PACE”) programs. PACE programs allow homeowners to finance energy-efficient home improvements through the homeowners’ local government. Jesse obtained dismissals with prejudice of all three class actions through Rule 12 motions. Jesse convinced the federal court that the government entities’ PACE programs were not subject to TILA because the financing is repaid through tax assessments collected in the same manner as property taxes, and therefore, did not constitute “consumer credit” transactions subject to TILA.
- Successfully moved to dismiss plaintiff's lawsuit, which sought to challenge transportation contracts between client and the County of San Diego. Jesse and his team convinced the court that the plaintiff was a vexatious litigant. The court issued an order prohibiting the plaintiff from filing a lawsuit in any district court in the United States, saving the client from future unmeritorious and costly lawsuits.
- Represented two technology companies and ten individual defendants in a contentious fraud and breach of fiduciary duty action. Following the filing of defense motions for summary judgment on behalf of each defendant, plaintiffs dismissed their case with prejudice.
- Represented a German-based technology manufacturer in a case involving allegations of corporate espionage and millions of dollars in sought-for damages, successfully opposing the issuance of a preliminary injunction, and achieving an early and highly favorable settlement of the matter.
- Served as first chair trial counsel in successfully representing Westinghouse in a USERRA case in 2013, regarding the notice for and proof of military related absences and attendance policy, in the Northern District of Illinois. The case concluded successfully following a winning defense motion for evidentiary sanctions against the plaintiff, which came shortly before trial. The court also imposed a monetary sanction against the plaintiff and admonished plaintiff’s counsel that an adverse inference instruction might be given at trial that set the conditions for plaintiff’s retreat.
- Served as first chair trial counsel in successfully representing GE Transportation in a USERRA case, winning an early motion to dismiss in the U.S. District Court, Western District of Pennsylvania.
- Successfully represented a number of employers during administrative investigations of military service related discrimination claims under USERRA and analogous state laws including matters investigated by the U.S. Department of Labor and the Veterans' Employment and Training Services. In nearly all cases, Jesse’s work has led to no merit findings by the government or case closure letters.
- Currently representing automobile financing company in consumer class action matter arising under California Automobile Sales Finance Act.
- Represented clients during administrative hearings and trials regarding employment tax matters.
- Represented clients during administrative hearings and trials regarding employment tax matters, recently prevailing for a creative talent agency after hearing before an ALJ of the Unemployment Insurance Appeal Represented individuals and businesses in audits and investigations conducted by the California FTB and the Internal Revenue Service in connection with alleged tax shelter-related activity.
- Represented Union Bank of California (UBOC) in a matter against the California Franchise Tax Board (FTB)involving the methodology that UBOC could use to compute its bad debt reserve deductions and deductions for securities losses for franchise (income) tax purposes in California. The case involved technical issues regarding appropriate deductions under the California Revenue and Taxation Code, as well as constitutional issues. The case was settled with the FTB's agreement to refund tax and interest to UBOC in an amount in excess of $113 million.
- Represented a leading information technology company in a complex, multi-party matter involving unfair competition and false advertising claims concerning the sales and marketing of printing and digital imaging devices in California.
- Represented a leading provider of enterprise data integration in a dispute over the scope of its software licensing agreement with plaintiff. The suit involved counter-claims for breach of the license agreement and copyright infringement. Following the order granting Reed Smith’s Rule 56(d) motion, a favorable settlement was reached.
- Represented a group of six industrial defendants in complex litigation regarding claims involving groundwater contamination, including perchlorate contamination, asserted under the Comprehensive Environmental Response, Compensation and Liability Act.
- Served as lead trial counsel in a contentious real estate dispute involving the re-development of a famous San Francisco landmark. After the commencement of trial, and the assignment to a settlement Judge, Jesse achieved a favorable settlement for his client.
- Won preliminary and permanent injunctions against two former employees of technology company who violated the terms of their confidentiality agreements and stole trade secrets in two separate San Diego Superior Court actions that led to successful JAMS Arbitration matters.
- Recognized as a "2022 BTI Client Service All Star" by BTI Consulting
- Legal 500 USA rankings (2020)
- California State Bar, Veterans and Military Affairs Standing Committee
- Bar Association of San Francisco
- National Infantry Association & US Cavalry and Armor Association
- “How Does This Reed Smith Citizen-Soldier ‘Reload, Refit, Refuel Both Body and Mind’ After Deployment? Prepping to Go to Trial is Part of It,” The American Lawyer (September 20, 2021)
- “How Attorneys Are Fighting COVID-19 On The Front Lines,” Law 360 (April 27, 2020)
- “Big firms build Veteran Groups across offices for community service, pro bono,” The American Lawyer (November 11, 2019)
- Referenced, "Balancing Military Command With an AmLaw 50 Partnership," Bloomberg Big Law Business (February 23, 2017)
- Referenced, "After Iraq, Lawyers Discuss the Way Forward," The Am Law Daily (Mar)ch 27, 2013)
- Referenced, "Pro Bono Achievers: Reed Smith," The Recorder (September 14, 2012)
- Referenced, "Casualties of War," The New York Lawyer (February 22, 2008) (also published in the The American Lawyer (July 1, 2008)
Jesse’s pro bono work representing Soldiers in need has received national attention. In January 2010, Jesse was awarded a Jefferson Award for his outstanding commitment to public service through his pro bono work and military service. Established in 1972, The Jefferson Awards are a nationwide program to encourage and honor individuals for their achievements and contributions through public service and community efforts. In 2007, Jesse was named a “Pro Bono Star” during Reed Smith's Sean Halpin Awards. His efforts pursuing benefits for a wounded Operation Iraqi Freedom veteran were featured on National Public Radio and in front-page stories in the Los Angeles Times and San Francisco Chronicle. The American Lawyer selected Jesse’s work on this matter as a pro bono case of the year for 2007, and later featured Jesse’s work on several other pro bono matters in a piece on top military cases. In 2009, a Reed Smith trial team won a jury verdict in Arizona on behalf of an aggrieved combat veteran who was victimized financially while convalescing at Walter Reed Medical Center. Jesse continues to pursue collection of the judgment issued in that case on behalf of that veteran. In 2019, Jesse’s team prevailed at trial in the U.S. Bankruptcy Court for the Central District of California trial. The win prevented the defendant - who tried to avoid satisfying the judgment by filing for bankruptcy - from escaping justice. In January 2022, the Ninth Circuit’s Bankruptcy Appellate Panel affirmed the bankruptcy court's order that the judgment debt was excepted from discharge. See BAP CC-21-1041-GTF (B.A.P. 9th Cir. Jan. 11, 2022). While the matter is now on appeal to the Ninth Circuit, Jesse’s team continues to lead the charge to enforce the judgment.
Jesse’s commentary on military and Veterans' issues have also been featured in The New York Times, USA Today, The Chicago Tribune, Los Angeles Times, Bloomberg Law, Thomson Reuters, Corporate Legal Times, The Daily Journal, Lawyers Weekly USA, The Baltimore Sun and on Military.com.
Jesse is an experienced trial lawyer. Jesse’s clients know him to be a fierce competitor, strategic thinker, and trusted advisor who understands their business drivers.
More About Jesse
Jesse counsels his clients in all phases of litigation and in their efforts to avoid the burdens imposed by litigation. Jesse has extensive first-chair experience in the courtroom and at arbitration. His practice focuses on complex commercial litigation and class action defense. He also has deep experience handling employment and false claims litigation. Jesse frequently leads teams in fast-moving cases involving the theft of trade secrets, non-competes, and unfair competition, including claims arising under California Business and Professions Code Section 17200.
Jesse has developed a national reputation representing clients in Uniformed Services Employment and Reemployment Rights Act (USERRA) matters. He counsels employers regarding military leave law issues arising under USERRA and analogous state laws. Jesse has successfully defended employers in federal courts across the United States and at arbitration in dozens of cases, and has successfully compelled USERRA matters to arbitration. He also regularly represents clients on USERRA matters before the US Department of Labor.
Jesse began his legal career at the San Francisco District Attorney's office and continues his public service as a Citizen Soldier in the California National Guard as its Joint Chief of Staff for the second-largest reserve military force in the US with over 19,000 soldiers and airmen.
Military Experience
Colonel, US Army
Jesse is a decorated Infantry officer whose US Army career has spanned over 31 years. He currently serves as the Chief of Staff, Joint Staff, California National Guard, a two-star general officer command composed of over 19,000 servicemembers. He previously served as the Chief of Staff, 40th Infantry Division in Los Alamitos, California from June 2021 to May 2022.
In March 2020, Jesse commanded the first California National Guard task force mobilized to provide humanitarian assistance in response to the COVID-19 pandemic; in April 2020, he served as the Deputy Commander, Joint Task Force - California, the largest task force of its kind in the United States. From April 2020 to May 2021, Jesse led California's statewide response to the pandemic in foodbanks, nursing homes, and hospitals; spearheaded a massive interagency vaccination; and simultaneously managed the Guard's response to civil unrest and historic wildfires. During California's dynamic response to these unprecedented emergencies, Jesse was a frequent commentator on BBC, CNN, ABC, and Good Morning America, as well as in the Los Angeles Times. His leadership during the pandemic was covered by The Am Law Litigation Daily and The Recorder. Jesse’s efforts included significant interagency work in the County of Los Angeles, leading the military’s support to local agency operations at food banks, skilled nursing facilities, and testing and vaccination sites.
Over the course of his career, Jesse has served in key leadership assignments at all echelons, including Brigade Commander, 115th Regional Support Group in Roseville (2017-2020), Squadron Commander, 1-18th Cavalry Squadron in Azusa (2012-2014), S-3/Operations Officer, 79th Infantry Brigade Combat Team in San Diego (2010-2012), Deputy J-3, California National Guard in Sacramento (2014-2015), Executive Officer to the Commanding General, California Army National Guard in Sacramento (2015-2017), and Commander, Bravo Company, 1-184th Infantry (Air Assault) in Dublin (2001-2003).
Jesse is what is known as a Citizen Soldier, meaning his military duties come in addition to those of his civilian career and family responsibilities. Jesse enlisted in the Army as an Infantryman; he later was selected for Officer Candidate School and commissioned as an Infantry officer. During his military career, Jesse has served as a key leader during a number of contingency operations and state emergencies. Following the events of 9/11, Jesse deployed to the Middle East as the commander of a 160-man enhanced rifle company conducting security force missions for Army Central Command. In 2005, Jesse deployed to New Orleans following Hurricane Katrina as part of the military relief effort serving as the operations officer for Joint Task Force - California. In 2007, Jesse deployed to San Diego at the onset of the Southern California wildfires serving on the primary staff of a Brigade sized task force made up of over 2,200 soldiers and airmen. In December 2009, Jesse's unit returned from a one-year deployment to the Balkans where it conducted peace enforcement operations as part of the NATO-led Kosovo Force. During the mission, Jesse served as the executive officer and second-in-command of an Infantry battalion task force. From 2017 to 2019, Jesse served as a senior trainer in Ukraine during “Rapid Trident,” the country’s annual, capstone joint, coalition training exercises, helping to enhance the partnership and build readiness. He also led civil support operations assisting local communities and first responders during the devastating 2018 California wildfires.
Jesse is a graduate of the prestigious US Army War College. The War College's mission is to prepare senior military and civilian leaders for the responsibilities of strategic leadership and the global application of Landpower to achieve national security objectives.
Jesse has developed a national reputation representing clients in Uniformed Services Employment and Reemployment Rights Act (USERRA) matters. He counsels employers regarding military leave law issues arising under USERRA and analogous state laws. Jesse has successfully defended employers in federal courts across the United States and at arbitration in dozens of cases, and has successfully compelled USERRA matters to arbitration. He also regularly represents clients on USERRA matters before the US Department of Labor.
Jesse began his legal career at the San Francisco District Attorney's office and continues his public service as a Citizen Soldier in the California National Guard as its Joint Chief of Staff for the second-largest reserve military force in the US with over 19,000 soldiers and airmen.
Military Experience
Colonel, US Army
Jesse is a decorated Infantry officer whose US Army career has spanned over 31 years. He currently serves as the Chief of Staff, Joint Staff, California National Guard, a two-star general officer command composed of over 19,000 servicemembers. He previously served as the Chief of Staff, 40th Infantry Division in Los Alamitos, California from June 2021 to May 2022.
In March 2020, Jesse commanded the first California National Guard task force mobilized to provide humanitarian assistance in response to the COVID-19 pandemic; in April 2020, he served as the Deputy Commander, Joint Task Force - California, the largest task force of its kind in the United States. From April 2020 to May 2021, Jesse led California's statewide response to the pandemic in foodbanks, nursing homes, and hospitals; spearheaded a massive interagency vaccination; and simultaneously managed the Guard's response to civil unrest and historic wildfires. During California's dynamic response to these unprecedented emergencies, Jesse was a frequent commentator on BBC, CNN, ABC, and Good Morning America, as well as in the Los Angeles Times. His leadership during the pandemic was covered by The Am Law Litigation Daily and The Recorder. Jesse’s efforts included significant interagency work in the County of Los Angeles, leading the military’s support to local agency operations at food banks, skilled nursing facilities, and testing and vaccination sites.
Over the course of his career, Jesse has served in key leadership assignments at all echelons, including Brigade Commander, 115th Regional Support Group in Roseville (2017-2020), Squadron Commander, 1-18th Cavalry Squadron in Azusa (2012-2014), S-3/Operations Officer, 79th Infantry Brigade Combat Team in San Diego (2010-2012), Deputy J-3, California National Guard in Sacramento (2014-2015), Executive Officer to the Commanding General, California Army National Guard in Sacramento (2015-2017), and Commander, Bravo Company, 1-184th Infantry (Air Assault) in Dublin (2001-2003).
Jesse is what is known as a Citizen Soldier, meaning his military duties come in addition to those of his civilian career and family responsibilities. Jesse enlisted in the Army as an Infantryman; he later was selected for Officer Candidate School and commissioned as an Infantry officer. During his military career, Jesse has served as a key leader during a number of contingency operations and state emergencies. Following the events of 9/11, Jesse deployed to the Middle East as the commander of a 160-man enhanced rifle company conducting security force missions for Army Central Command. In 2005, Jesse deployed to New Orleans following Hurricane Katrina as part of the military relief effort serving as the operations officer for Joint Task Force - California. In 2007, Jesse deployed to San Diego at the onset of the Southern California wildfires serving on the primary staff of a Brigade sized task force made up of over 2,200 soldiers and airmen. In December 2009, Jesse's unit returned from a one-year deployment to the Balkans where it conducted peace enforcement operations as part of the NATO-led Kosovo Force. During the mission, Jesse served as the executive officer and second-in-command of an Infantry battalion task force. From 2017 to 2019, Jesse served as a senior trainer in Ukraine during “Rapid Trident,” the country’s annual, capstone joint, coalition training exercises, helping to enhance the partnership and build readiness. He also led civil support operations assisting local communities and first responders during the devastating 2018 California wildfires.
Jesse is a graduate of the prestigious US Army War College. The War College's mission is to prepare senior military and civilian leaders for the responsibilities of strategic leadership and the global application of Landpower to achieve national security objectives.
- JD, The George Washington University Law School
- BA, Bates College
Latin American Studies - MA, The George Washington University, Elliott School of International Affairs
Latin American Studies - MA, United States Army War College
Strategic Studies
- California
- US Court of Appeals, First Circuit
- US Court of Appeals, Eighth Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, Tenth Circuit
- US Tax Court
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, Southern District of California
- US District Court, District of Colorado
- US District Court, Northern District of Georgia
- US District Court, Northern District of Illinois
- US District Court, District of Nebraska
- US District Court, Southern District of Ohio
- US District Court, Western District of Pennsylvania
- US District Court, Middle District of Tennessee
- US District Court, Western District of Tennessee
- US District Court, Northern District of Texas
- US District Court, Eastern District of Washington
- US District Court, District of Puerto Rico
Related Services
- Lead trial counsel to California’s largest school transportation company in a multi-year, highly contentious case under California’s False Claims Act (“CFCA”), involving sensational allegations regarding school bus safety, novel legal issues yet to be tried to verdict in a California State Court, and a number of third-party actors including the California Highway Patrol, the City Attorney’s office, multiple labor unions, and the local school board. Another global law firm team negotiated a highly favorable settlement on the eve of trial, after shaping the conditions for trial by discrediting Plaintiffs’ credibility, and creating the opportunity to engage the local school board in a broader settlement dialogue.
- Lead trial counsel in a JAMS arbitration winning a complete defense victory while representing a financial services technology company and government entity in January 2019 in a matter involving novel claims of elder abuse, banking regulations, financing and residential construction. The AAA arbitrator issued a 30-page final award in June 2019 finding for Jesse’s clients and against claimants on all claims.” Over seven days of trial, Jesse examined 15 lay witnesses and 6 experts. San Diego Superior Court Case No. 37-2016-00042327-CU-BT-CTL Judgment Confirming Contractual Arbitration Award, November 1, 2019.
- Lead trial counsel in a complete victory in an AAA arbitration proceeding for an Brazil-based robotics company in 2014, where the defendant – a large, U.S. based public company - had refused to deliver $7.7 million of equipment for which another global law firm’s client had already paid. Jesse’s team obtained a temporary protective order in Sacramento Superior Court, preventing the defendant from selling or otherwise disposing of the equipment in dispute, and then initiated arbitration proceedings with AAA. The defendant responded with a counterclaim seeking damages for more than $10 million. After a two-week arbitration in which Jesse and his team examined over 10 witnesses, the three-member AAA tribunal issued a lengthy reasoned decision and awarded another global law firm’s client approximately $9.9 million in cash and equipment. The tribunal also declared the Jesse’s client the prevailing party, awarding it nearly $700,000 in attorneys’ fees.
- Lead trial counsel for Charles Schwab in a contentious USERRA matter, winning a unanimous defense award following a two-week FINRA arbitration in 2011. See FINRA Case Number: 09-05551. The U.S. District Court for the District of Colorado confirmed the award in January 2012. Michael H. Ohlfs v. Charles Schwab& Co., Inc., 2012 WL 202776 (D. Colo. Jan. 24, 2012) Prior to the commencement of litigation, Jesse helped Schwab obtain a “no merit” finding from the Department of Labor in response to the plaintiff’s administrative charge. Another global law firm later successfully compelled the matter to arbitration from the District of Colorado.
- Lead trial counsel for a case team defending California’s largest school transportation company in a complex failure-to-warn case under California’s Proposition 65. The case raised novel legal issues under Proposition 65 and involved not only a large vehicle fleet but also a diverse ridership population. Unique among Proposition 65 cases, the case progressed for over two years and did not settle until the evening before trial. The mutually-agreeable settlement provided for a creative resolution to the case, allowing for technological upgrades and retrofits rather than fines.
- Lead counsel for three governmental entities (Los Angeles County and two Joint Powers Authorities) in a series of Truth in Lending Act (“TILA”) class actions challenging various aspects of the government entities’ Property Assessed Clean Energy (“PACE”) programs. PACE programs allow homeowners to finance energy-efficient home improvements through the homeowners’ local government. Jesse obtained dismissals with prejudice of all three class actions through Rule 12 motions. Jesse convinced the federal court that the government entities’ PACE programs were not subject to TILA because the financing is repaid through tax assessments collected in the same manner as property taxes, and therefore, did not constitute “consumer credit” transactions subject to TILA.
- Successfully moved to dismiss plaintiff's lawsuit, which sought to challenge transportation contracts between client and the County of San Diego. Jesse and his team convinced the court that the plaintiff was a vexatious litigant. The court issued an order prohibiting the plaintiff from filing a lawsuit in any district court in the United States, saving the client from future unmeritorious and costly lawsuits.
- Represented two technology companies and ten individual defendants in a contentious fraud and breach of fiduciary duty action. Following the filing of defense motions for summary judgment on behalf of each defendant, plaintiffs dismissed their case with prejudice.
- Represented a German-based technology manufacturer in a case involving allegations of corporate espionage and millions of dollars in sought-for damages, successfully opposing the issuance of a preliminary injunction, and achieving an early and highly favorable settlement of the matter.
- Served as first chair trial counsel in successfully representing Westinghouse in a USERRA case in 2013, regarding the notice for and proof of military related absences and attendance policy, in the Northern District of Illinois. The case concluded successfully following a winning defense motion for evidentiary sanctions against the plaintiff, which came shortly before trial. The court also imposed a monetary sanction against the plaintiff and admonished plaintiff’s counsel that an adverse inference instruction might be given at trial that set the conditions for plaintiff’s retreat.
- Served as first chair trial counsel in successfully representing GE Transportation in a USERRA case, winning an early motion to dismiss in the U.S. District Court, Western District of Pennsylvania.
- Successfully represented a number of employers during administrative investigations of military service related discrimination claims under USERRA and analogous state laws including matters investigated by the U.S. Department of Labor and the Veterans' Employment and Training Services. In nearly all cases, Jesse’s work has led to no merit findings by the government or case closure letters.
- Currently representing automobile financing company in consumer class action matter arising under California Automobile Sales Finance Act.
- Represented clients during administrative hearings and trials regarding employment tax matters.
- Represented clients during administrative hearings and trials regarding employment tax matters, recently prevailing for a creative talent agency after hearing before an ALJ of the Unemployment Insurance Appeal Represented individuals and businesses in audits and investigations conducted by the California FTB and the Internal Revenue Service in connection with alleged tax shelter-related activity.
- Represented Union Bank of California (UBOC) in a matter against the California Franchise Tax Board (FTB)involving the methodology that UBOC could use to compute its bad debt reserve deductions and deductions for securities losses for franchise (income) tax purposes in California. The case involved technical issues regarding appropriate deductions under the California Revenue and Taxation Code, as well as constitutional issues. The case was settled with the FTB's agreement to refund tax and interest to UBOC in an amount in excess of $113 million.
- Represented a leading information technology company in a complex, multi-party matter involving unfair competition and false advertising claims concerning the sales and marketing of printing and digital imaging devices in California.
- Represented a leading provider of enterprise data integration in a dispute over the scope of its software licensing agreement with plaintiff. The suit involved counter-claims for breach of the license agreement and copyright infringement. Following the order granting Reed Smith’s Rule 56(d) motion, a favorable settlement was reached.
- Represented a group of six industrial defendants in complex litigation regarding claims involving groundwater contamination, including perchlorate contamination, asserted under the Comprehensive Environmental Response, Compensation and Liability Act.
- Served as lead trial counsel in a contentious real estate dispute involving the re-development of a famous San Francisco landmark. After the commencement of trial, and the assignment to a settlement Judge, Jesse achieved a favorable settlement for his client.
- Won preliminary and permanent injunctions against two former employees of technology company who violated the terms of their confidentiality agreements and stole trade secrets in two separate San Diego Superior Court actions that led to successful JAMS Arbitration matters.
- Recognized as a "2022 BTI Client Service All Star" by BTI Consulting
- Legal 500 USA rankings (2020)
- California State Bar, Veterans and Military Affairs Standing Committee
- Bar Association of San Francisco
- National Infantry Association & US Cavalry and Armor Association
- “How Does This Reed Smith Citizen-Soldier ‘Reload, Refit, Refuel Both Body and Mind’ After Deployment? Prepping to Go to Trial is Part of It,” The American Lawyer (September 20, 2021)
- “How Attorneys Are Fighting COVID-19 On The Front Lines,” Law 360 (April 27, 2020)
- “Big firms build Veteran Groups across offices for community service, pro bono,” The American Lawyer (November 11, 2019)
- Referenced, "Balancing Military Command With an AmLaw 50 Partnership," Bloomberg Big Law Business (February 23, 2017)
- Referenced, "After Iraq, Lawyers Discuss the Way Forward," The Am Law Daily (Mar)ch 27, 2013)
- Referenced, "Pro Bono Achievers: Reed Smith," The Recorder (September 14, 2012)
- Referenced, "Casualties of War," The New York Lawyer (February 22, 2008) (also published in the The American Lawyer (July 1, 2008)
Jesse’s pro bono work representing Soldiers in need has received national attention. In January 2010, Jesse was awarded a Jefferson Award for his outstanding commitment to public service through his pro bono work and military service. Established in 1972, The Jefferson Awards are a nationwide program to encourage and honor individuals for their achievements and contributions through public service and community efforts. In 2007, Jesse was named a “Pro Bono Star” during Reed Smith's Sean Halpin Awards. His efforts pursuing benefits for a wounded Operation Iraqi Freedom veteran were featured on National Public Radio and in front-page stories in the Los Angeles Times and San Francisco Chronicle. The American Lawyer selected Jesse’s work on this matter as a pro bono case of the year for 2007, and later featured Jesse’s work on several other pro bono matters in a piece on top military cases. In 2009, a Reed Smith trial team won a jury verdict in Arizona on behalf of an aggrieved combat veteran who was victimized financially while convalescing at Walter Reed Medical Center. Jesse continues to pursue collection of the judgment issued in that case on behalf of that veteran. In 2019, Jesse’s team prevailed at trial in the U.S. Bankruptcy Court for the Central District of California trial. The win prevented the defendant - who tried to avoid satisfying the judgment by filing for bankruptcy - from escaping justice. In January 2022, the Ninth Circuit’s Bankruptcy Appellate Panel affirmed the bankruptcy court's order that the judgment debt was excepted from discharge. See BAP CC-21-1041-GTF (B.A.P. 9th Cir. Jan. 11, 2022). While the matter is now on appeal to the Ninth Circuit, Jesse’s team continues to lead the charge to enforce the judgment.
Jesse’s commentary on military and Veterans' issues have also been featured in The New York Times, USA Today, The Chicago Tribune, Los Angeles Times, Bloomberg Law, Thomson Reuters, Corporate Legal Times, The Daily Journal, Lawyers Weekly USA, The Baltimore Sun and on Military.com.