James R. Asperger

TECHNOLOGY & INTELLECTUAL PROPERTY DISPUTES

Caltech v. Apple & Broadcom Corporation

• Led the trial team for the California Institute of Technology (“Caltech”) in a patent infringement action against Apple and Broadcom involving error-correction technology used in wireless communications. The patents cover Irregular Repeat Accumulate (“IRA”) codes that improve the reliability of Wi-Fi transmissions. Following a two-and-a-half-week trial, Jim obtained a jury verdict of over $1.1 billion for Caltech, one of the largest patent jury awards at the time.

Caltech v. Hughes Communications and Dish Network

• Lead counsel for Caltech in a patent infringement action involving the use of its patented IRA codes in satellite communications. After the Court rejected defendants’ challenges to the patents’ eligibility and validity, the case settled.

BlackBerry v. Typo

• Lead counsel for BlackBerry in a patent and trade dress infringement action against Typo Products LLC (co-founded by Ryan Seacrest) and Show Media LLC involving an iPhone case with an add-on physical keyboard that copied the BlackBerry keyboard. Jim obtained a preliminary injunction halting sales of the infringing product. When Typo failed to comply, the court ordered it to pay BlackBerry more than $860,000 in sanctions, together with attorneys’ fees and costs relating to the contempt motion.

BlackBerry v. Facebook

• Lead counsel for BlackBerry in patent litigation against Facebook involving messaging and security technologies.

Henry Huang v. Caltech, Applied Biosystems, et al.

• Lead trial counsel for Caltech in litigation over the inventorship of DNA-sequencer patents used to decode the human genome. The patents represented an important source of funding for Caltech and a significant scientific achievement. Jim presented complex scientific evidence through lay and expert testimony concerning the sequencer’s development and operation. At the conclusion of trial, U.S. District Judge Mariana Pfaelzer ruled for Caltech on all claims.

Nuance Communications, Inc.

• Lead trial counsel for Nuance, a provider of voice technology solutions, in an arbitration seeking to terminate a competitor’s software license agreement for disclosing confidential information to another Nuance competitor.

CORPORATE GOVERNANCE, COMPLIANCE & INTERNAL INVESTIGATIONS

GM Cruise LLC / General Motors Holdings LLC

• Represented the Boards of Directors for GM Cruise and General Motors Holdings LLC in internal and DOJ investigations, following an October 2023 accident involving a Cruise autonomous vehicle in San Francisco. The Quinn Emanuel team interviewed dozens of employees and contractors and reviewed hundreds of thousands of documents. It guided the companies’ boards through inquiries by the U.S. Department of Justice, the California Public Utilities Commission, and the National Highway Traffic Safety Administration, while coordinating with SEC counsel on parallel proceedings.

Founder and Former CEO of Autonomous Trucking Company

• Represented the founder and former CEO and Chairman of a publicly traded autonomous trucking company in Board of Directors and SEC investigations.

Internal Investigation for Fortune Global 500 Manufacturer

• Lead counsel for a Fortune Global 500 manufacturer in an extensive internal investigation and reporting engagement concerning wastewater disposal under federal and state law in connection with the construction and operation of a state-of-the-art manufacturing plant.

Former General Counsel of Broadcom Corporation

• Obtained the complete vindication of Broadcom’s former general counsel in a Department of Justice investigation and SEC lawsuit involving the country’s largest restatement for alleged stock-option backdating.

Co-Founder of Federally Insured Bank

• Lead counsel for the co-founder of a large financial institution in an SEC investigation, federal securities class action, derivative lawsuits, and wrongful termination litigation. All were resolved favorably for his client.

Former Chairman and CEO of Publicly Traded Pharmaceutical Company

• Lead counsel for the former chairman and CEO of a publicly traded pharmaceutical company in securities litigation and governmental investigations arising from public disclosures about scientific disputes with the Food and Drug Administration over a New Drug Application. The matters involved expert evidence concerning the drug’s efficacy and sensitive media issues.

Former CEO of Federally Insured Financial Institution

• Represented the former CEO of a large federally insured financial institution in a federal criminal and enforcement investigation into alleged violations of the Foreign Corrupt Practices Act, Bank Secrecy Act, Patriot Act, and money laundering statutes in connection with international financing transactions. He persuaded the Department of Justice and other enforcement authorities that no governmental action was appropriate.

Chairman and CEO of Insurance Company

• Represented the chairman and CEO of a large insurance company in a wrongful termination action against the founders. The matter was resolved favorably for his client.

Board and Executive Disputes and Internal Investigations

• Represented public and private companies, boards of directors, audit and other board committees, executives, and founders in corporate disputes, internal and SEC investigations, and related securities litigation. Jim’s experience includes advising boards facing potential litigation and investigating allegations involving officers of both public companies and smaller entrepreneurial businesses. He has also advised founders in disputes with venture capital and private equity investors and their boards.

Schnitzer Steel Industries, Inc.

• Retained as Compliance Consultant under Schnitzer’s deferred prosecution agreement with the Department of Justice. Recommended by DOJ and selected by Schnitzer, Jim evaluated the company’s worldwide anti-corruption compliance programs under the Foreign Corrupt Practices Act and prepared annual reports for DOJ and the SEC.

WHITE COLLAR DEFENSE & GOVERNMENT INVESTIGATIONS

U.S. v. Tenet Healthsystem Hospitals, Inc., et al.

• Lead trial counsel for Alvarado Hospital Medical Center, Inc. in an eleven-month jury trial in which the hospital, Tenet, and a former hospital CEO were accused of conspiracy and violations of the federal healthcare anti-kickback statute. Following trial, the judge dismissed all criminal charges.

International Olympic Committee

• Represented the International Olympic Committee in the DOJ investigation into alleged bribery relating to the 2002 Salt Lake City Winter Olympics. The matter received daily worldwide media coverage and was the subject of congressional inquiries and hearings.

Former Santa Ana City Councilman

• Lead trial counsel for a former Santa Ana City Councilman in a public corruption case brought by the United States Attorney’s Office in Orange County. Jim obtained a favorable resolution on the eve of trial under which his client received probation.

Health Care Fraud and Abuse

• Represented hospitals, doctors, and publicly traded companies in government investigations into alleged violations of healthcare fraud and abuse laws, including the federal anti-kickback statute.

Defense Contractor Fraud and Abuse

• Represents major government contractors and officers in criminal and False Claims Act investigations involving accounting, contract compliance, space exploration, international sales, the Foreign Corrupt Practices Act, export controls, and International Traffic in Arms Regulations (ITAR) requirements.

Trial of Barry Minkow, Founder, Chairman and CEO of ZZZZ Best Co., Inc.

• Prevailed as lead prosecutor in the four-month criminal jury trial of Barry Minkow. The case received extensive media attention, was the subject of congressional hearings, and was one of the largest securities fraud and money laundering cases tried on the West Coast in the 1980s.

Trial of Orange County Businessman of the Year Michael Parker

• Following a month-long jury trial that attracted substantial media attention, the district court judge commended Jim for his outstanding trial work.

Starwood v. Hilton

• Lead counsel for former officers and employees in a federal grand jury investigation into alleged theft of trade secrets and in related civil litigation. Jim persuaded the government to decline criminal prosecution.

ENVIRONMENTAL MATTERS

Director of Hazardous Waste at Rockwell’s Rocketdyne Division

• Lead trial counsel for the former Director of Hazardous Waste at Rockwell’s Rocketdyne Division in a criminal environmental prosecution brought by the United States Attorney’s Office in Los Angeles. The case involved scientific and environmental evidence, expert testimony, and media issues arising from the deaths of two scientists in an explosion during hazardous waste disposal. Jim obtained a favorable resolution on the eve of trial.

Environmental Actions Against Oil Company

• Lead counsel for a major oil company in numerous high-stakes environmental actions in California. Retained as lead trial counsel in an action brought by the Orange County District Attorney, Jim achieved a favorable resolution on the eve of trial. He also led the company’s defense in actions and investigations involving the California Attorney General, the United States Attorney’s Office in Los Angeles, and more than a dozen district attorney, city attorney, and county counsel offices.

Hazardous Waste/Materials Investigations of Fortune 100 Company

• Led the defense of a Fortune 100 company in a statewide investigation by the California Attorney General and several district attorneys into hazardous waste and materials practices at its retail facilities. The matter raised issues of first impression, with the government asserting the right to seek billions of dollars in penalties across hundreds of California stores. Jim negotiated a favorable settlement in late 2007 following a two-and-a-half-year investigation and extensive negotiations.

Clean Water Act

• Represented a large utility and energy company in a federal criminal investigation into alleged violations of the Clean Water Act.

Hazardous Waste, Materials Storage and Transportation Laws

• Represented a cosmetics company in a federal grand jury investigation into alleged violations of hazardous waste and materials storage and transportation laws, and negotiated a deferred prosecution agreement.

City of Lancaster

• Represented the City of Lancaster in a federal grand jury investigation into alleged violations of the Resource Conservation and Recovery Act (RCRA), hazardous waste and storage laws, and the Clean Water Act.

OTHER NOTABLE CIVIL LITIGATION

AIG v. Bank of America, Countrywide and Merrill Lynch

• Represented AIG in litigation against Bank of America, Countrywide, and Merrill Lynch concerning alleged fraud in the marketing of mortgage-backed securities. The litigation resulted in a nine-figure settlement for AIG.

American Broadcasting Corporation

• Lead trial counsel for American Broadcasting Corporation in a high-stakes personal injury action brought by a news reporter injured in an accident involving an electronic newsgathering vehicle. The case involved negligence, product liability, and related claims, and settled favorably on the eve of trial.

Additional Representations

• Represented other Fortune 500 corporations, officers, directors, and institutions in sensitive litigation, governmental investigations, and internal investigations involving public company reporting, accounting, the Patriot and Bank Secrecy Acts, product performance and efficacy, scientific evidence, money laundering, and media and congressional scrutiny.

• Antitrust & Competition
• Crisis Law & Strategy Group
• Data Privacy & Security
• Environmental Litigation
• Government Contracts Litigation
• Health Care Litigation
• Investigations, Government Enforcement & White Collar Criminal Defense Practice
• Patent Litigation
• Product Liability & Mass Torts Litigation
• Securities Enforcement Defense Practice
• Satellite & Aerospace Litigation
• Securities Litigation
• Shareholder Activist Litigation
• Corporate Governance Litigation
• Accounting & Financial Reporting Litigation

• University of California, Los Angeles
  (J.D.)
  • Order of the Coif
  • UCLA Law Review:
    • Editor-in-Chief
  • UCLA Alumni Award for Academic Distinction
• University of California, Davis
  (B.A.)

• The State Bar of California
• The Bar of District of Columbia
• The State Bar of New York

• O'Melveny & Myers LLP:
  • Partner
• Law Clerk to the Hon. William H. Rehnquist:
  • United States Supreme Court
• Law Clerk to the Hon. Stanley Mosk:
  • Supreme Court of California

• Ranked in Chambers USA for Litigation: White-Collar Crime & Government Investigations, 2010-2017, 2019-2022
• Recognized by Lawdragon 500 Global Leaders in Crisis Management, 2025-2026
• Recognized by Lawdragon 500 Leading Lawyers in America, White Collar, 2023-2026
• Recognized by Lawdragon 500 Leading Litigators in America, White Collar & Government Investigations, 2023-2027
• Recognized by Lawdragon 500 Leading Plaintiff Financial Lawyers, 2024-2026
• Recognized by Benchmark Litigation as a National Practice Area Star for White Collar Crime, 2024-2027
• Recognized by Daily Journal: White Collar, California, 2023
• Recognized by Benchmark Litigation as a Litigation Star, California, White Collar, 2023-2027
• Recognized by Who’s Who Legal for Business Crime Defense, 2015-2016, 2019, 2022
• Recognized by Legal 500 USA, 2022-2024 and 2026 as a Recommended Lawyer in Corporate Investigations and White-Collar Criminal Defense
• Named a “Local Litigation Star” by Benchmark Litigation, 2022
• Ranked in The Best Lawyers in America for Bet-the-Company and Commercial Litigation, 2008-2027
• Recognized in Who’s Who Legal: Investigations, 2014-2024
• Selected as a Super Lawyer, 2004-2024
• Named “Litigator of the Week” by The American Lawyer, March 2020
• Featured in the Daily Journal’s ‘Top Verdicts of 2020’ for California Institute of Technology v. Broadcom Ltd., Avago Technologies Limited, Apple Inc., and Cypress Semiconductor Corporation, et al.
• National Litigation Star, Benchmark Litigation, 2015-2018
• Recognized by Euromoney as one of the world’s leading practitioners in The Guide to the World’s Leading White Collar Crime Lawyers
• United States Attorney General Award for Distinguished Service at the Department of Justice, 1992
• Award from the Executive Office of United States Attorneys for Outstanding Service as an Assistant United States Attorney

• Fellow, American College of Trial Lawyers
• Former Chair, ABA, West Coast White Collar Crime Committee
• Former Vice-Chair, ABA, National White Collar Crime Committee
• Lecturer, Continuing Legal Education Courses on Criminal Law, Civil Enforcement Actions, and the RICO Statute