Overview

Lee Rubin is a civil and criminal litigator with extensive experience in private practice and in the government, where he served as a prosecutor in the Department of Justice and as an Assistant United States Attorney for the District of Columbia. Lee, who has tried approximately 20 jury trials and has argued matters in the federal courts of appeals and the highest courts of the States, has a wide-ranging practice, with a concentration in the defense of corporations and individuals in criminal investigations and prosecutions and civil enforcement actions by government agencies, often involving alleged violations of the antitrust and securities laws. He has also served as lead counsel in a number of internal corporate investigations, and has been involved in numerous antitrust, securities fraud and RICO matters, as well as trade secret litigation. Lee was named by the National Law Journal in 2002 as one of the top 40 litigators under 40. Following law school, Lee served as a law clerk to the Honorable Warren J. Ferguson, United States Court of Appeals for the Ninth Circuit.

Spoken Languages

  • English

Experience

  • Represented Google Inc., in antitrust class action litigation alleging that Google and other leading technology companies suppressed the compensation of their employees by entering into a series of bilateral agreements not to "cold call" one another's personnel.
  • Represent Twitter Inc., in First Amendment challenge to Government’s classification of Twitter’s proposed disclosure of volume of national security process received from Government.
  • Represented large asset manager in SEC investigation and securities class action litigation related to alleged nondisclosures involving quantitative investment model.
  • Represent Frank Russell Company in trade secret litigation; secured summary judgment on all claims on behalf of Russell.
  • Represent national bank in connection with the satisfaction of the requirements of the 2016 consent orders with the Office of the Comptroller of the Currency and the Consumer Financial Protection Bureau relating to the sales practices of certain retail financial products.
  • Represented Marvell Semiconductor at trial in indemnification action; secured defense verdict in favor of Marvell on principal indemnity claim.
  • Represented Cypress Semiconductor in large Silicon Valley semiconductor company in criminal grand jury investigation and civil class action litigation related to allegations of price-fixing in the SRAM market.
  • Represented large medical device company in SEC investigation related to reporting of market penetration contained in company’s SEC filings; SEC declined to bring any enforcement action.
  • Represented target of grand jury investigation of alleged trade secret theft; government declined to pursue indictment.
  • Represented multiple individuals charged with federal mail and wire fraud.
  • Represent large defense contractor in federal grand jury and State Department investigation concerning export control, firearms laws and potential RICO violations.
  • Represented Arthur Andersen LLP at trial and on appeal (including in the U.S. Supreme Court) in connection with Department of Justice investigation of the firm for obstruction of justice.
  • Represented Broadcom Corporation in internal investigation concerning allegations of improper accounting practices.
  • Represented Special Committee of the Board of Directors of Apollo Group, Inc., in internal investigation regarding options practices and represent the Special Committee in derivative actions related to those practices.
  • Represented Audit Committee of Veritas Software concerning accounting practices and other allegations of misconduct and represented Audit Committee before the SEC.
  • Assisted in representation of President of the United States during grand jury investigation conducted by independent counsel.

Education

Stanford Law School, JD, with Distinction

Duke University, AB in Economics and Political Science, summa cum laude, Phi Beta Kappa

Research Assistant to Professor Gerald Gunther in his biography of Judge Learned Hand, Learned Hand: The Man and The Judge, (New York, Knopf, 1994)

Admissions

  • California
  • District of Columbia

Court

  • US District Court for the District of Columbia
  • US District Court for the Northern District of California
  • US District Court for the Central District of California
  • US Court of Appeals for the Seventh Circuit
  • US Court of Appeals for the Eleventh Circuit

Memberships

  • Instructor at Stanford University, Stanford in Washington Program
  • Instructor at NITA Trial Advocacy Programs, Department of Justice Civil Trial Advocacy Institute
  • Speaker at ABA White Collar Conference and PLI programs on internal investigations and white-collar criminal defense issues