Jim Gauch handles litigation, crisis management, and regulatory compliance issues, with emphasis on U.S. jurisdiction over foreign companies and individuals, including sovereign entities, and on federal regulation of financial and commodities markets.
Before joining the Firm's Washington Office, Jim clerked at the U.S. Supreme Court and worked in the Department of Justice's Office of Legal Counsel, where he provided direct advice to the Attorney General and Counsel to the President. Jim has litigated claims involving the 2008 mortgage crisis, the September 11 terrorist attacks, Hurricane Katrina, the Firestone Wilderness tire recall, and the demise of Bank of Credit and Commerce International.
Representative matters include advising Middle Eastern and Asian companies regarding U.S. litigation and regulatory compliance risks, serving as lead counsel in a worldwide securities class action against the U.S. subsidiary of a Japanese issuer, defending a foreign state against expropriation claims filed in the U.S., leading an internal investigation of alleged securities fraud for an Asian company, representing a major accounting firm in private securities fraud litigation and U.S. SEC investigations, and representing a financial company's foreign liquidator in a multinational bankruptcy arising from a Ponzi scheme. Jim also has advised on Administrative Procedure Act claims and participated in rulemaking submissions and congressional hearings.
Jim also serves as hiring partner in Jones Day's Washington Office. He is a past chairman of the Federalist Society's Administrative Law and Regulation practice group and is a trustee of the Supreme Court Historical Society.
Saudi corporations and individuals prevail in Second Circuit in multi-district tort litigation relating to September 11, 2001 attacks
Jones Day successfully represented eight Saudi corporations and individuals in multi-district litigation relating to the September 11, 2001 attacks in the United States.
Kingdom of Belgium wins dismissal of expropriation, related claims in Eastern District of Virginia
Jones Day client the Kingdom of Belgium won dismissal of a case brought under the Alien Tort Statute (ATS) and Foreign Sovereign Immunities Act (FSIA).
Antiguan Liquidators engage in worldwide insolvency dispute against U.S. appointed Receiver for right to liquidate Stanford International Bank
Jones Day is representing the Antiguan Liquidators in their continuing jurisdiction fight with the U.S. Receiver in the litigation brought by the SEC against Stanford International Bank, Allen Stanford, and other individuals and entities.
Washington Group International prevails in Hurricane Katrina mass tort action
Jones Day successfully defended Washington Group International, Inc. ("WGI," now URS Energy & Construction Company, a subsidiary of URS Corp.) in a mass tort action alleging that WGI's work on behalf of the U.S. Army Corps of Engineers contributed to floodwall breaches in New Orleans during Hurricane Katrina.
Client receives Supplemental Security Income benefits after a two-year wait
Client J first came to intake for the Washington Legal Clinic for the Homeless in December 2010 seeking legal assistance in responding to the Social Security Administration's decision to deny him Supplemental Security Income payments because he failed to show that he was disabled.
Asylum case administratively closed
In January, a Jones Day Washington team, consisting of Mike Will, Pratibha Kanive, Daniella Einik, and Jim Gauch, successfully resolved deportation proceedings against a young Salvadoran women who fled her native country to escape brutal gang attacks from the Mara Salvatrucha.
Federal prisoner wins right to discovery on excessive force claim in Sixth Circuit appeal
Jones Day secured reversal, in part, of summary judgment where the Sixth Circuit Court of Appeals found that the district court erred in denying the plaintiff any discovery on his excessive force claim before granting summary judgment against him.
IBM defends against putative nationwide age discrimination class action arising out of reductions-in-force
Jones Day represented International Business Machines Corporation ("IBM") in a putative collective action brought by 12 former IBM employees alleging discrimination under the Age Discrimination in Employment Act on behalf of upwards of 15,000 former employees over the age of 40 who were terminated in conjunction with reductions in force between 2001-2005.
EDS successfully defends nationwide class actions involving incorrectly administered and/or scored Series 7 broker examinations
Jones Day successfully obtained and defended the dismissal of a nationwide class action complaint against its client, Electronic Data Systems Corporation ("EDS"), in this litigation concerning administration of an examination for individuals who seek to become securities brokers (the "Series 7 exam").
Bridgestone/Firestone resolves tire recall securities class action
Jones Day represented Bridgestone/Firestone, Inc., in a securities fraud action brought in the aftermath of the Firestone ATX/Wilderness tire recall.
El Salvadorian family wins asylum
On July 20, 2007, a team of lawyers from Jones Day's Washington office secured asylum for a family of four from El Salvador.
Ernst & Young LLC defends securities fraud and derivative action
Jones Day represented Ernst & Young against shareholder securities fraud claims and a related derivative action.
Sportsman's Market pursues litigation under Freedom of Information Act to compel access to pilot information
Jones Day represented Sportsman's Market Inc. in litigation under the Freedom of Information Act seeking to compel access to pilot information.
Ernst & Young obtains dismissal of securities fraud action
Jones Day represented Ernst & Young in a securities fraud action.
Laidlaw defends securities class actions and contested bankruptcy proceeding
Jones Day represented Laidlaw, Inc. in five class actions under federal securities laws and a contested proceeding in Bankruptcy Court.
TRW defends against claims brought by the federal government under the False Claims Act
Jones Day represented TRW Inc. in defense of claims brought by the federal government and a private relater under the False Claims Act.
Richard Scrushy defends SEC asset freeze action
Jones Day represented Richard Scrushy in the successful federal court defense against an SEC asset freeze.
U.S. Chamber of Commerce opposes D.O.L.'s standard under OSHA
Jones Day represented the United States Chamber of Commerce in a rulemaking proceeding opposing the Department of Labor's proposed ergonomics standard under the Occupational Safety and Health Act (OSHA).
Application of Dodd-Frank Requirements to Swaps Between Non-U.S. Swap Dealers and Non-U.S. Counterparties
- September 2013Commercial Outward Facing Affiliates and the Definition of “Financial Entity"
- The University of Chicago (J.D. with honors 1989; Comment Editor, Law Review); The Ohio State University (B.A. cum laude 1986; Phi Beta Kappa)
- District of Columbia
- Attorney-Advisor, Office of Legal Counsel, U.S. Department of Justice (1991-1993)
- Law Clerk to: Justice Clarence Thomas and retired Chief Justice Warren E. Burger, United States Supreme Court (1993 Term) and Judge David A. Nelson, U.S. Court of Appeals, Sixth Circuit (1989 term)