James E.Gauch (Jim)

Partner

Washington + 1.202.879.3880

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 11th and other terrorist attacks, product recalls, bank fraud, and environmental crises.

Representative matters include advising Middle Eastern and Chinese companies regarding U.S. litigation, personal jurisdiction, regulatory compliance risks, and U.S. trade sanctions, 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 United States and advising on affirmative claims against foreign sovereign entities, 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 defending a manufacturer against class action consumer protection claims. Jim also has advised on Administrative Procedure Act claims and participated in rulemaking submissions and congressional hearings.

Jim 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.

Jim is the administrative partner for Jones Day's Washington Office.

Experience

  • Sanofi defeats class certification in putative nationwide consumer class actionThe United States District Court for the District of New Jersey recently denied a motion for class certification brought by plaintiffs seeking to represent all consumers nationwide who purchased insulin products sold by Jones Day’s client Sanofi-Aventis U.S. LLC.
  • Client's request for reconsideration of Social Security Disability Benefits is grantedJones Day and the Washington Legal Clinic for the Homeless helped a client obtain Social Security Disability benefits.
  • Saudi corporations and individuals prevail in Second Circuit in multi-district tort litigation relating to September 11, 2001 attacksJones Day successfully represented eight Saudi corporations and individuals in multi-district litigation relating to the September 11, 2001 attacks in the United States.
  • Washington Group International prevails in Hurricane Katrina mass tort actionJones 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.
  • Kingdom of Belgium wins dismissal of expropriation, related claims in Eastern District of VirginiaJones Day client the Kingdom of Belgium won dismissal of a case brought under the Alien Tort Statute (ATS) and Foreign Sovereign Immunities Act (FSIA).
  • Client receives Supplemental Security Income benefits after a two-year waitClient 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 closedIn 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 appealJones 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.
  • Watco sustains dismissal of rail worker overtime claim in 10th CircuitJones Day successfully defended Watco Companies, a corporate parent of several short-line railroad companies, against a proposed class action under the Fair Labor Standards Act seeking overtime pay on behalf of railroad workers.
  • Antiguan Liquidators engage in worldwide insolvency dispute against U.S. appointed Receiver for right to liquidate Stanford International BankJones 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.
  • IBM defends against putative nationwide age discrimination class action arising out of reductions-in-forceJones 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 examinationsJones 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").
  • Client evades jail time after plea agreement negotiatedA small team of Jones Day lawyers recently achieved a terrific result for a pro bono client in a criminal proceeding in the Circuit Court for Montgomery County, Maryland.
  • Bridgestone/Firestone resolves tire recall securities class actionJones 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 asylumOn July 20, 2007, a team of lawyers from Jones Day's Washington office secured asylum for a family of four from El Salvador.
  • Additional Speaking Engagements

    • May 28, 2020
      COVID-19 and U.S. Litigation Risks for Chinese Entities, sponsored by Peking University
    • May 6, 2020
      What the Recent Lawsuits and Congressional Initiatives Against the PRC Mean for Chinese Enterprises Operating in the US, sponsored by Greater China Chamber of Commerce