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Experience:
Jay Tharp is an experienced trial lawyer whose practice focuses on a trio of interrelated aspects of securities and other complex commercial litigation: class action and other complex federal litigation; government investigations; and corporate internal investigations. Jay has an extensive background in securities litigation involving shareholder class actions, derivative suits, and multi-district litigation. A former federal prosecutor, Jay also regularly represents firms and individuals in both civil and criminal securities and other types of fraud investigations, and he handles internal investigations - often related to securities and fraud issues - for numerous corporate clients. Frequently, Jay integrates these aspects of his practice in the same matter - for example, helping clients to conduct internal investigations and subsequently representing them in related government investigations and civil lawsuits.
Jay has held first-chair responsibility for numerous jury trials, bench trials, and arbitration hearings, and he has never lost a trial or arbitration hearing. Perhaps more significantly, he has in numerous matters enabled clients to avoid the risks and costs of trials by convincing government investigators not to pursue claims or charges against clients in the first place. His experience includes:
Criminal Litigation. Commercial and financial frauds; intellectual property crimes; environmental issues; health care controversies; tax frauds; and public corruption matters. Has represented corporations and individuals in numerous grand jury investigations.
Civil Litigation. Emphasis on complex commercial litigation, including securities fraud, class actions, RICO law suits, corporate internal investigations, and compliance counseling.
Appellate Cases. Over 20 briefs and arguments in the US Court of Appeals for the Seventh Circuit.
Prior to joining Mayer Brown in 1997, Jay was an Assistant US Attorney with the Criminal Division, Office of the United States Attorney (1992-1997). Earlier, he practiced with another prominent law firm in Chicago (1991-1992) and, from 1990 to 1991, acted as Law Clerk to The Honorable Joel M. Flaum, US Court of Appeals for the Seventh Circuit. Between 1982 and 1987, Jay served as a commissioned officer with the United States Marine Corps. He held the rank of Captain at the completion of his service with the Marines.
Notable Engagements:
Represent a major international investment bank in government investigations and civil litigation relating to the municipal finance and derivatives markets.
Represent the former Chairman/CEO of a major biotech company in multiple shareholder lawsuits and related matters arising from the sale of the company and options backdating investigations.
In re Nanovation Technologies (No. 01-26090, N.D. Ill., Bankruptcy). Convinced the bankruptcy trustee of a fiber optic equipment manufacturer to dismiss claims against former a director and to pay a portion of the director's costs.
Fehribach, Trustee v. Ernst & Young LLP (No. 1:03-cv-551-JDT, S.D. Ind.). Won summary judgment against claims of accounting malpractice brought by a bankruptcy trustee. Judgment affirmed by the Seventh Circuit.
Leykin v. AT&T et al. (No. 02-CV-1765, S.D.N.Y.). Represented a major international venture capital fund and individual partners in a shareholder class action and related matters. Motion to dismiss granted and affirmed on appeal by the Second Circuit.
Titan International v. USWA, No. 00-CV-3257 (C.D. Ill.). Represented an international wheel and tire manufacturer in a RICO lawsuit against the United Steelworkers union arising from a union corporate campaign. Dispute resolved as part of a new labor agreement.
In re Comdisco Securities Litigation, No. 01 C 2110 (N.D. Ill.). Represented Comdisco in a shareholder securities class action lawsuit arising from the collapse of a telecommunications subsidiary. Case settled.
Represented a major international accounting firm in connection with claims arising from bankruptcy of a sub-prime lender. Obtained an arbitration award in the client's favor following a contested hearing.
Represented a national logistics company in related internal and SEC investigations and shareholder litigation arising from misstated financial statements of a subsidiary. No charges filed by government and shareholder suit dismissed.
US v. Bartels, et al., No. 98-4007-JPG (S.D. Ill.). Represented a senior manager charged with fraud and false statements in connection with the administration of Medicare program in Illinois. Client acquitted of all charges after three-month jury trial.
Internal investigation for an international software company arising from whistleblower allegations of fraudulent expense reporting.
Represented a public fiber optic telecommunications company in parallel government civil and criminal investigations relating to purported sham transactions with customers. No charges or enforcement action.
Represented a recreation management company in conjunction with SEC investigation of a municipal bond offering. No charges or enforcement action.
Represented Arthur Andersen in connection with federal and state shareholder class action and derivative lawsuits and SEC and DOJ investigations relating to a major cable television provider.
Won summary judgment in an arbitration proceeding on behalf of an automobile insurance retailer against an underwriter.
Represented Arthur Andersen in connection with federal and state shareholder class action and derivative lawsuits, and SEC proceedings, relating to major national waste handler.
Spear Ins. Co. v. Bank of America, No. 98 C 1303 (N.D. Ill.). Won summary judgment for bank on various UCC claims.
Represented a coal mining company in a contract dispute with a principal utility customer. Case settled.
Represented an international metals mining company in defense of a shareholder class action lawsuit. Case settled.
Represented an insurance company against unfair competition claims asserted by a rival.
Represented an international accounting firm in a malpractice case arising from the collapse of a major medical insurance reciprocal.
Represented a consulting firm in connection with malpractice claims arising from a logistics cost-savings project.
Represented a consulting firm in connection with malpractice claims arising from custom development of an order-entry software system for a national retailer.
Represented a consulting firm in connection with malpractice claims arising from custom development of an integrated sales management software system for a national employment agency.
Education:
Northwestern University School of Law, JD, magna cum laude, 1990; Order of the Coif; Book Review Editor, Northwestern University Law Review, Duke University, AB, summa cum laude, 1982; Member, Phi Beta Kappa. | 