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Education
  • Hampshire College (B.A.,1981)
  • New York University School of Law (J.D.,1986)


Bar Admissions
Admitted only in
  • New York

James E. Hough James E. Hough

Partner
Primary Office: New York

Email: jhough@mofo.com
Phone: (212) 468-8158
Fax: (212) 468-7900

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Mr. Hough was born in Kalamazoo, Michigan, in 1958. He obtained his undergraduate degree from Hampshire College (B.A. 1981), and his law degree (J.D. 1986), cum laude, from New York University School of Law, where he was a Root-Tilden-Snow Scholar, a member of the Order of the Coif, and a recipient of the John Norton Pomeroy and the Maurice Goodman Memorial Prizes. He served as a law clerk to the Hon. Charles S. Haight, Jr. in the United States District Court for the Southern District of New York from 1986-1988. He joined Morrison & Foerster’s New York office in 1991 and became a partner in 1996. Mr. Hough practiced in Morrison & Foerster’s Tokyo office for four years, and during that time was licensed as a gaikokuho jimu bengoshi and a member of the Dai-Ni Tokyo Bar Association.

Mr. Hough is the head of Morrison & Foerster’s New York Litigation Department. His practice focuses on complex commercial litigation and arbitration. His matters have included product liability disputes, securities fraud claims, joint venture dissolutions, intellectual property disputes and trade secret misappropriation, among other subjects. He is recognized as an authority on the Foreign Corrupt Practices Act compliance.

Mr. Hough’s patent litigation experience includes a variety of technical fields, including biotechnology, semiconductor, medical device, and “business methods.” His copyright experience includes software, jewelry and toy designs, and rights to musical compositions. In a high profile case, he represented the author and publisher of the best selling book “Memoirs of a Geisha.”

Mr. Hough has represented clients in numerous arbitrations and mediations administered by the International Chamber of Commerce in Paris, the American Arbitration Association, and J.A.M.S.

Internal Investigations

Mr. Hough has conducted numerous internal investigations, particularly in Asia. These include:

  • Japanese chemical company: investigation requested by Board of Directors triggered by receipt of grand jury subpoena regarding possible antitrust violations. Investigation included EU and US subsidiaries.
  • Japanese software company: investigation requested by management after receipt of allegation about possible theft of trade secrets
  • Japanese maker of semiconductor testing equipment: investigation requested by management concerning possible use of competitor’s patented technology.
  • US software company: investigation of Japanese subsidiary of requested by Audit Committee after receipt of whistleblower complaint about revenue manipulation.
  • US company: investigation of Hong Kong subsidiary by Legal Department, conducted with Internal Audit and Corporate Security, after receipt of whistler blower complaint about self-dealing and possible FCPA violations. Investigation extended to operations in China and other parts of Asia.
  • US company: investigation of Taiwanese subsidiary requested by Legal Department focused on possible FCPA violations.
  • US company: investigation of Philippine subsidiary requested by Legal Department focused on possible FCPA violations.
  • Chinese NASDAQ-listed company: investigation requested by Special Committee of the Board focused on possible FCPA violations.
  • US company: investigation of Chinese representative office requested by Audit Committee after receipt of whistleblower complaint alleging self-dealing by senior management and cover-up of product safety issues.

Mr. Hough is the author and coauthor of numerous articles, including:

  • “Second Circuit Privilege Decision Recognizes Role of In-House Counsel as Legal and Business Advisors,” Corporate Counsel Weekly (April 25, 2007);
  • “Broad View of Privilege in 2nd Circuit Accommodates Many Hats of In-House Counsel,” The Corporate Counselor (April, 2007);
  • “Section 271(e)(i): Ten Years of an Exemption from Patent Infringement,” Food, Drug, Cosmetic and Medical Device Law Digest (January, 1996);
  • “Arbitral Venues Increasingly Being Used for International Intellectual Property Disputes; American Arbitration Association's International Rules Now More Amenable to Use for Such Matters,” New York Law Journal (November 2, 1998);
  • U.S. Discovery Procedures May Be Used for Foreign Administrative and Court Proceedings ,” Morrison Foerster Legal Updates and News (July 2004); and
  • When unsolicited licence requests spell danger ,” Managing Intellectual Property (October 2005), republished in Japanese in Intellectual Property Management (December 2005).

Speaking engagements

  • "Patent Enforcement in Japan," presented to the New York Intellectual Property Law Association (November 16, 2007).

Mr. Hough is a member of the American Bar Association, the New York State Bar Association (for which he served as Vice-Chair of the Intellectual Property Committee of the Commercial & Federal Litigation Section), and the Association of the Bar of the City of New York (for which he served as Secretary of the Arbitration Committee). Mr. Hough is also a past member of the Board of Directors of New York Lawyers for the Public Interest.