.
Paul T. Friedman
MANAGING PARTNER,
EUROPE
CITYPOINT
LONDON
CALIFORNIA EC2Y 9AW
44 (20) 79204006
425 MARKET STREET
SAN FRANCISCO
CALIFORNIA 94105-2482
(415) 268-7444
PFRIEDMAN@MOFO.COM
Paul Friedman heads our global compliance practice. He specializes in conducting
internal investigations on behalf of companies and board committees, including
cross-border investigations that are global in scope. These investigations focus on
corruption issues, alleged price-fixing by cartels, and other significant compliance
issues. He frequently represents clients in government investigations. Mr. Friedman is
the firm's managing partner for Europe, and assists clients who need investigation and
compliance assistance in EMEA.
Mr. Friedman has extensive experience across a broad range of issues involving
the Foreign Corrupt Practices Act and other anti-corruption laws. He has conducted
investigations across the globe, including in some of the most challenging markets in
EMEA, Asia, and Latin America. His experience spans a broad range of industries,
including consumer products, energy, entertainment/media, financial services,
technology and transportation. Clients routinely seek his guidance in mitigating risk in
business partner relationships, performing transactional due diligence and conducting
risk assessments.
In his more than 32 years with the firm, Mr. Friedman has represented a wide range
of companies, including many Japanese companies, some of the largest global
companies, audit and special committees, individual directors and officers, venture
capital firms, investment banks, and law firms. He is a frequent speaker on the FCPA,
securities litigation, cross-border litigation, and internal investigations.
Mr. Friedman was recognized in BTI Consulting Group's Client Service All-Star
Team 2006 and 2010 surveys for consistently delivering superior client service. Mr.
Friedman has also been recommended in the 2007-2015 Best Lawyers in America
directories for Commercial Litigation, Securities Litigation and Antitrust Litigation.
Mr. Friedman was the chair of the Ninth Circuit Advisory Board, a group of senior
lawyers appointed from throughout the Ninth Circuit by the chief judge. He was
chair of the 2003 Ninth Circuit Judicial Conference and also chair of the Lawyer
Representatives Coordinating Committee of the 2003 Ninth Circuit Judicial
Conference. He served as program chair of the 2002 Ninth Circuit Judicial Conference
and chair of the lawyer representatives of the Ninth Circuit Judicial Conference
from the Northern District of California for 1998-2000. In 2002, the bench and bar
of the Northern District of California honored him with the Public Service Award in
recognition of his service to the court.
Mr. Friedman joined Morrison & Foerster in 1982 and became a partner in 1986. He
has served as deputy chair (1987-1990) and chair (1990-1993) of the firm's Litigation
Department. He is a member of the firm's Executive Committee, Compensation
Committee, and board of directors and former chair of the Morrison & Foerster
Foundation from 1997-2014. He also serves as a board member for Equal Justice
Works, the Ninth Judicial Circuit Historical Society, and Berkeley Repertory Theater.
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Mr. Friedman was a member of Phi Beta Kappa at the University of California,
Berkeley. He was also awarded the University Medal, the highest undergraduate
honor at the university, presented to the most distinguished student in the graduating
class.
In re Crocs, Inc. Securities Litigation; Wheeler v. Snyder et al.
(D. Colo. & Colo. Dist. Ct.). Representing Crocs, Inc., and certain of its current and
former officers and directors in shareholder class actions (claiming violations of the
Exchange Act) and derivative lawsuits filed in Colorado. In February 2009, won
dismissal of all derivative claims, with prejudice, on first motion to dismiss. No appeal
was filed. In February 2011, won dismissal of all claims in the federal class actions on
first motion to dismiss. In re Crocs, Inc. Sec. Litig., 07-cv-2351-PAB, 2011 WL 782485
(D. Colo. Feb. 28, 2011). Appeal pending in Tenth Circuit; settlement pending.
California Resale Royalty Act Litigation
(C.D. Cal.; 9th Cir.). Representing New York auction house in a class action seeking to
enforce the California Resale Royalty Act. District Court granted our motion to dismiss
and invalidated the 35-year-old statute as unconstitutional. Appeal pending in Ninth
Circuit.
MDL Class Actions
(C.D. Cal.). Representing a Fortune 50 company in an MDL composed of seven class
actions challenging a range of billing and other business practices.
Post-Acquisition FCPA/Compliance Review
Represented a Fortune 100 company with a post-acquisition anti-corruption
compliance review of a newly acquired business with operations and significant
government touch points in Russia, Eastern Europe, Northern Europe, North Africa,
and the Middle East.
Pre-Investment Anti-Corruption Due Diligence
Representing Japan-based global company in pre-investment anti-corruption review of
target based in Africa.
Post-Acquisition Compliance Review
Represented a Fortune 100 health care services and information technology company
with a post-acquisition anti-corruption compliance review of a newly acquired business
with German headquarters and global operations.
Global Cartel Investigation
Representing a U.S.-based multinational Fortune 50 company in global cartel
investigations and all related civil and criminal proceedings in several countries,
including class action litigation.
Global Investigation
Represented a global Japanese chemical company in conducting an investigation
related to potential misconduct tied to revenue recognition and other topics.
Global Cartel Investigation
Representing publicly traded Japan-based companies in global cartel investigations.
Global Investigation
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Represented a global investment firm with anti-corruption due diligence of a U.S.
target with operations in Japan, China, Thailand and Mexico. Based on the results
of the due diligence, advised the company regarding implementation of a postacquisition compliance program.
Asia-Pacific FCPA Investigation
Represented a global technology company in an internal investigation of potential
FCPA violations in Asia-Pacific countries.
Asia-Pacific FCPA Investigation
Represented a U.S.-based multinational Fortune 50 company in an internal
investigation of alleged violations of the FCPA and self-dealing in seven Asia-Pacific
countries. Following the conclusion of our investigation and self-reporting, neither the
SEC nor the DOJ took any action against our client.
Global FCPA Investigation
Represented a leading global consumer products company in an internal investigation
of potential FCPA violations in Latin American and Asia-Pacific countries.
International Compliance Review
Conducting review of potential payment issues in India and other Asia-Pacific
countries for a leading technology company.
International Compliance Review
Conducting anti-corruption compliance review in Mexico for a leading international
energy corporation.
International Compliance Review
Conducting anti-corruption compliance review for the Audit Committee of a global
company regarding its operations in India.
Global Investigation
Represented a Fortune 500 company with anti-corruption due diligence in connection
with the acquisition of a foreign telecom company with substantial operations in Africa,
Latin America, Southeast Asia and the Middle East.
Precision Associates v. Panalpina, et al.
(E.D.N.Y.). Served as lead defense counsel in a 65-defendant class action alleging a
global price-fixing cartel in the freight-forwarding industry, and successfully argued a
motion to dismiss on behalf of all defendants, resulting in dismissal for lack of standing
and failure to satisfy Twombly v. Bell Atlantic standard for key claims. Settlement
pending.
Wonder Auto Securities Class Actions and Derivative Litigation
(S.D.N.Y.) and (Nevada state and federal courts). Represented Wonder Auto in
securities class actions filed in the Southern District of New York. Managed the
cases to an early and favorable resolution; settlement was approved by the court and
became final in 2013. Several derivative cases were filed in Nevada courts, and were
favorably settled in 2013.
Antitrust Multidistrict Litigation
Won dismissal with prejudice in 51 separate nationwide class actions, which were
combined into one MDL proceeding in the Northern District of Georgia. Plaintiffs
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alleged that defendants conspired to set fuel surcharge levels on "Less Than
Truckload" shipments. On behalf of our Fortune 50 client, we obtained a stay of
discovery and moved to dismiss the complaint on the ground that plaintiffs had not
alleged facts to establish a conspiracy under the standards set forth by the Supreme
Court in Twombly v. Bell Atlantic. The court granted the motion to dismiss and set a
very high standard for any subsequent amendment. The plaintiffs concluded that they
could not meet that standard and the case was dismissed with prejudice.
Late-Payment Fees Class Action
With hundreds of millions of dollars at stake, won dismissal with prejudice of
nationwide class action complaint on the first motion to dismiss in case involving
cutting-edge preemption issues arising from the collection of late-payment fees that
allegedly exceeded the amounts allowable under state law. No appeal was filed.
Stock Option Investigations
Conducted internal investigations regarding stock option issues on behalf of several
audit committees/special committees.
Nationwide Antitrust Class Action for Fortune 50 Company
Won motion to dismiss without leave to amend for Fortune 50 company in nationwide
antitrust class action, which alleged that client unlawfully tied the sale of loss/damage
protection to the sale of ground transportation services. No appeal was filed.
Billing Adjustment Class Action
Won dismissal with prejudice of putative nationwide class action for our Fortune
50 client alleging unfair business practices for requiring customers to seek billing
adjustments for packages that they processed for shipment but decided not to ship.
No appeal was filed.
BayStar Capital Management, LLC v. Core Pacific-Yamaichi International (H.K.)
Limited
(C.D. Cal.). Successfully defended China's largest investment bank in a securities
fraud action alleging $100 million in damages. After two years of hard-fought litigation,
the case was dismissed, with prejudice, with no payment from our client.
EIJ v. UPS
233 Fed. Appx. 600 (9th Cir. 2007). Won affirmance of summary judgment in favor of
UPS on fraud, contract, bad faith, and other claims arising from lost shipment.
Fulfillment Services, Inc. v. UPS
528 F.3d 614 (9th Cir.). Won dismissal, with prejudice, for UPS in nationwide class
action related to compliance with tariff requirements of the Interstate Commerce Act
and transportation fees paid by a large class of shippers over a five-year period. Won
affirmance of judgment by Ninth Circuit.
In re Excess Value Insurance Coverage Litigation
2004 WL 1724980 (S.D.N.Y. MDL-1139). Served as lead defense counsel in 26 state
and federal class actions alleging contract, tort, deceptive trade practices, RICO, and
antitrust claims challenging the collection of insurance premiums in connection with
shipments. Successfully implemented a strategy of removing all state cases to federal
© 2016 Morrison & Foerster LLP. All Rights Reserved.
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court, and obtained consolidation of the cases in multidistrict litigation proceedings.
After motions to dismiss disposed of most claims, the cases settled.
Primary Practices
FCPA + Anti-Corruption
Antitrust Law
Litigation
Education
University of California, Berkeley (A.B., 1976)
Yale Law School (J.D., 1980)
Bar Admissions
California
Clerkships
Hon. Harry Pregerson, U.S. Court of Appeals, Ninth Circuit (-)
© 2016 Morrison & Foerster LLP. All Rights Reserved.