James P. Chou focuses on complex commercial, bankruptcy litigation and white-collar criminal defense for hedge funds, private equity funds, major financial institutions and multinational corporations.

Practice & Background

Mr. Chou regularly advises and represents leading investment fund clients and their portfolio companies in managing and assessing their litigation risks with regard to their investments and related transactions, as well as in proceedings, including trials, before various courts and tribunals.

In addition to commercial litigation work, Mr. Chou served as pro bono counsel for the New York County Democratic Committee in Lopez Torres v. New York State Board of Elections, a First Amendment associational rights case involving the constitutionality of New York’s convention system for nominating judicial candidates for the state’s Supreme Court, which was profiled in the New York Law Journal as one of the “Top Ten Cases of 2004.” In connection with the case, he tried a multiday evidentiary hearing before the United States District Court for the Eastern District of New York and was integrally involved in appeals to the 2nd Circuit and the United States Supreme Court, which rendered a unanimous decision upholding the convention system in January 2008.

Mr. Chou received his B.A. magna cum laude in 1993 from New York University, where he was elected to Phi Beta Kappa, and his J.D. in 1996 from the Georgetown University Law Center, where he was a member of the Journal of Legal Ethics.
Representative Matters

Mr. Chou’s representative matters include:

representation of a major investment fund client in a civil RICO action involving the former CEO of interrelated telecommunications and media companies located in the Caribbean islands
representation of the claims agent of a reorganized multinational semiconductor company in a bankruptcy adversary proceeding against a former Japanese subsidiary asserting a $1 billion claim for breach of contract, resulting in a favorable settlement at a significantly reduced claim value
representation of a group of senior secured noteholders of a leading semiconductor company in a chapter 11 contested confirmation trial resulting in the court’s adoption of the noteholders’ valuation and successful reorganization of the company
representation of an investment fund in an action alleging a covenant breach of a $400 million credit facility and involving a dispute over the appointment of an agent for a lender syndicate
representation of the CFO of a publicly traded company in audit committee and SEC investigations into alleged earnings management practices, resulting in exoneration of the client
representation of the manager of a major hedge fund client in NYAG and SEC investigations into alleged stock manipulation
representation of a private equity fund in a 10(b)(5) securities action involving the alleged failure to disclose a side agreement for the option to purchase additional shares of preferred stock, resulting in the voluntary withdrawal of the case
representation of major financial institutions against fraud and alter-ego claims brought by a liquidating trust premised on allegedly false financial disclosures, resulting in dismissal with prejudice
representation of a publicly traded media company in all aspects of regulatory and internal investigations of alleged pay-for-play practices, including managing fact investigation, witness interviews, counseling client on company policies and practices, and preparing for presentation to a regulatory agency
representation of a web-based technology client and individual officers and employees against trade secrets and Computer Fraud and Abuse Act claims, resulting in a high-profile sanctions decision after a multiday trial
representation of a multinational electronics company in a trademark infringement case involving the unauthorized sale of gray-market goods in the United States
representation of a corporate trade company in trade secrets and breach-of-fiduciary-duty litigation against former employee involving proprietary pricing information, methodologies and formulas
representation of a prominent Internet service provider against a class action under the Fair Labor Standards Act brought on behalf of “volunteers” claiming $20 million in back pay for work in building and hosting online virtual communities
representation of a developer and provider of Internet-based brokerage software products against claims brought by an industry leader of electronic back-office brokerage processing systems for breach of contract, tortious interference and misappropriation of trade secrets, resulting in the voluntary withdrawal of the complaint
representation of a multimedia content provider in litigations against a franchisee of an affiliated company, alleging the breach of the franchise agreement and harm to the franchisee brand and reputation
representation of a multinational electronics company in four-week arbitration against a breach-of-contract claim involving allegedly defective laptop computers.

Community Involvement

Mr. Chou is involved in numerous community, civic and charitable activities that include being a:

member of the Council on Judicial Administration of the New York City Bar Association
member of the Federal Courts Committee of the New York City Bar Association
former member of the Minority in the Courts Committee of the New York City Bar and committee designee to the Council on Judicial Administration
former president of the Asian American Bar Association of New York (AABANY) and current member of its Advisory Committee, and co-chair of its Judiciary Committee
former board member of the National Asian Pacific American Bar Association (NAPABA) as its Northeast Regional Governor from 2007-2009, where he was a recipient of the 2008 NAPABA Best Lawyers Under 40 Award
former chair of the New York County Democratic Committee’s Independent Judicial Screening Panel for Civil Court and Surrogate’s Court positions (2005).

Speaking Engagements

Panelist for a CLE program titled Deposition Boot Camp and Ethics Minefield, AABANY Litigation Committee, July 11, 2012
Panelist for a CLE program titled Your Path Through the Court and to the Bench: What You Need to Know to Get Through a Day in Court, New York State Bar Association, Commercial and Federal Litigation Committee Spring Meeting, May 20, 2012
Panelist for a program titled Demystifying Judicial Screening Panels, New York City Bar Association, January 10, 2012
Co-moderator for a CLE program titled Diversity on the Bench and Pathways to the Judiciary: the APA Perspective, Asian American Bar Association of New York Fall Conference, September 17, 2011
Panelist for a CLE program titled Do the Right Thing: Networking, Mentoring, Business and Leadership Development for the Diverse Attorney – Challenges and Best Practices, New York State Bar Association Annual Meeting, January 24, 2011
Panelist for the MetLife Diversity Roundtable Discussion Why Choose Diverse Bar Associations in Tough Economic Times?, December 9, 2009
Panelist for a CLE program titled Crossing the Line: the Bounds of Zealous Advocacy, NAPABA Convention, November 12, 2008
Panelist addressing judicial selection methods in New York State at a forum sponsored by the Puerto Rican Bar Association, October 23, 2007