Mr. Eth is co-chair of Morrison & Foerster’s national Securities Litigation, Enforcement, and White-Collar Defense Group. For more than twenty years, he has specialized in representing public companies and their officers and directors in securities class actions, SEC investigations, derivative suits, and internal investigations. In 2008, Mr. Eth received a California Lawyer Attorney of the Year Award for co-leading the successful defense of JDS Uniphase Corp. and its former executives in a securities class action jury trial. Mr. Eth has represented companies in a wide range of industries, from software to biotech to consumer products and financial services.

Notable Victories

Mr. Eth’s representations have led to many significant victories for defendants, including the following:

• In re JDSU Securities Litigation, (N.D. Cal. 2007) (jury verdict on behalf of JDSU and former executives in a case seeking $20 billion for alleged securities fraud and insider trading);
• Jacobs v. Yang, No. 206-N, 2004 Del. Ch. LEXIS 117 (Del. Ch. Aug. 2, 2004), aff’d, 2005 Del. LEXIS 38 (Del. Jan. 21, 2005) (affirming dismissal of derivative suit filed against Yahoo! officers);
• Nolte v. Capital One Financial Corp., 390 F.3d 311 (4th Cir. 2004) (affirming dismissal of class action against Capital One and Capital One Officers and Directors);
• Employers Teamsters Local Nos. 175 and 505 Pension Trust Fund v. The Clorox Company, 353 F.3d 1125 (9th Cir. 2004) (affirming summary judgment and judgment on the pleadings);
• Wilkes v. Versant Object Tech. Corp., U.S. Dist. LEXIS 25009 (N.D. Cal. 2001), aff’d, U.S. App. LEXIS 1539 (9th Cir. 2003) (affirming dismissal);
• Kane v. Zisapel (Madge Networks), U.S. Dist. LEXIS 19984 (N.D. Cal. 2000), aff’d, U.S. App. LEXIS 5204 (9th Cir. 2002) (affirming dismissal);
• Gaffney v. Tandem Computers, U.S. Dist. LEXIS 11132 (N.D. Cal. 1997) (granting summary judgment);
• Strassman v. Fresh Choice, U.S. Dist. LEXIS 19343 (N.D. Cal. 1995) (dismissing complaint); In re VeriFone Securities Litigation, 11 F.3d 865 (9th Cir. 1993) (affirming dismissal, 784 F. Supp. 1471 (N.D. Cal. 1992));
• Pleasant Overseas Corp. v. Hajjar, U.S. Dist. LEXIS 20981 (N.D. Cal. 1993) (dismissing complaint against Cadence Design Systems);
• In re Fortune Systems Securities Litigation, U.S. Dist. LEXIS 18504 (N.D. Cal. 1988) (granting partial summary judgment).

Recognition

Numerous publications have recognized Mr. Eth’s accomplishments. They include the following:

• California Lawyer 2008 Attorney of the Year Award for co-leading the successful defense of JDS Uniphase Corp. and its former executives in a securities class action jury trial
• The Best Lawyers in America for 2008, Commercial Litigation
• The Chambers USA Guide for 2007 and 2008, Leading Securities Litigation Lawyer
• The Chambers USA Guide for 2006, Leading Litigation Lawyer
• The Daily Journal’s Top 30 Securities Litigators in California for 2005
• Northern California Super Lawyers for 2004-07, Super Lawyer in Securities Litigation
• Lawdragon 100 Lawyers You Need to Know in Securities Litigation for 2008

Representative Clients

Mr. Eth has represented the following corporations and/or their officers and directors in securities class actions and derivative lawsuits:

• ADAC Laboratories
• Altera Corporation
• Amazon.com, Inc. (Outside Directors)
• American Pharmaceutical Partners and American Bioscience
• BankAmerica Corporation
• Burnham Pacific Properties, Inc.
• Cadence Design Systems, Inc.
• Calpine Corporation
• Capital One Corporation
• Cerus Corporation
• Cisco Systems, Inc. (Special Litigation Committee)
• The Clorox Company
• The Cooper Companies (Officers and Directors)
• Countrywide Financial Corp. (Outside Directors)
• Covad Communications Group, Inc.
• DSP Communications, Inc.
• DSP Group, Inc.
• Flextronics International, Ltd.
• Fortune Systems (Outside Directors)
• Fresh Choice, Inc.
• Homestore.com, Inc. (Outside Directors)
• Hospital Staffing Services, Inc.
• HPL Technologies, Inc.
• Hybrid Networks, Inc.
• Infineon Technologies AG
• Intershop Communications
• JDS Uniphase
• Kintera, Inc.
• Madge Networks N.V.
• Merant PLC
• Netlist, Inc.
• Network Computing Devices, Inc.
• NextCard (Former President)
• Novartis, A.G.
• ONI Systems
• Oracle Corporation
• Providian Financial Corporation
• Rasterops Corporation (Officers and Directors)
• The Sands Regent
• SulphCo, Inc. (Former Officers)
• Tandem Computers, Inc.
• Telik, Inc.
• Ungermann-Bass Networks, Inc.
• VeriFone, Inc.
• Versant Corp.
• Wall Data, Inc.
• Wireless Facilities, Inc.
• Yahoo! Inc.

Speaking and Writing

Mr. Eth is a frequent speaker across the country on securities litigation topics. He actively participates in programs put on by The SEC Institute, The Practising Law Institute, and the Stanford Directors College. He also has authored numerous articles on securities litigation, including the following:

• Jordan Eth and Timothy Blakely, Lessons for Securities Litigators From the JDS Uniphase Corporation Securities Litigation Trial, Securities Litigation & Enforcement Institute 2008, PLI (September-October 2008);
• Jordan Eth and Judson Lobdell, California Supreme Court Strikes Blow for Defendants, Executive Counsel (July/August 2008);
• Jordan Eth, Terri Garland, and Timothy Blakely, Special Report: Three Key Legal Issues “Resolved” Through Jury Instructions in the JDS Uniphase Securities Litigation Trial, Securities Litigation Reporter (March 2008);
• Jordan Eth and Brian Levine, Looking Back at Backdating, Latest Trends in Stock Option Backdating Litigation, Securities Litigation Report (October 2007);
• Jordan Eth, Anna Erickson White, and Greg Call, Taking Stock: Backdated Options and What You Need to Know, California Business Law Practitioner (Spring 2007);
• Jordan Eth, Staying on Track Down an Ever-Changing Path, Best Practices for Securities Litigation: Leading Lawyers on Maintaining Regulatory Compliance, Reporting Financial Disclosures, and Working with Government Agencies (Inside the Minds), pp. 47-54, Aspatore Books (2007);
• Jordan Eth and Brian L. Levine, Backdating and Spring-Loading Actions Survive Motions to Dismiss in Delaware Chancery Court, Securities Litigation Report (March 2007);
• Jordan Eth and Mark Foster, Competing Inferences Collide: The Supreme Court’s Forthcoming Decision in Tellabs May Clarify the Standard for Pleading a “Strong Inference” of Scienter, Securities Litigation Report (February 2007);
• Jordan Eth and Adrian J. Sawyer, Friese v. Superior Court and Grosset v. Wenaas: The Future of the Internal Affairs Doctrine in California, Securities Litigation Report (February 2006);
• Jordan Eth and Christopher A. Patz, Shareholder Lawsuits Are Not “Downside Insurance Policies”: The Supreme Court’s Decision in Dura Pharmaceuticals, Securities Litigation Report (April 2005);
• Jordan Eth, Anna Erickson White, and Christopher A. Patz, The Ninth Circuit’s Decision in Oracle: A Novel Situation, Securities Litigation Report (October 2004);
• Jordan Eth and Christopher A. Patz, Dura Pharmaceuticals: Loss Causation Takes Center Stage, Glasser LegalWorks’ Securities Litigation Report (July 2004);
• Jordan Eth and Russell J. Wood, Corporate Compliance Under the Sarbanes-Oxley Act of 2002: Requirements and Practical Considerations, PLI (May 2003), Securities Reform Act Litigation Reporter (October 2003);
• Jordan Eth, Securities Litigation in the Post Sarbanes-Oxley World, FindLaw Corporate Governance (September 2003);
• Jordan Eth, D&O Insurance: What You Must Know to Minimize Your Potential Personal Exposure, FindLaw Corporate Governance (September 2003);
• Jordan Eth and Daniel S. Drosman, The Private Securities Litigation Reform Act: Five Years Young, The Review of Securities and Commodities Regulation (July 2001);
• Jordan Eth and Christopher Patz, Securities Litigation and the Outside Director, The Review of Securities and Commodities Regulation (May 2000);
• Jordan Eth, Minimizing the Risks of Securities Litigation, D & O Maps Newsletter (January 2000);
• Jordan Eth and Christopher Patz, New Protections and New Risks for Outside Directors, PLI (1999);
• Jordan Eth, Carlos Vasquez, and Sandra Cavazos, The Continuing Importance of Stock Sales by Officers, Directors, and Companies, ALI-ABA Corporate Governance Institute course material, at 501 (October 1999);
• Jordan Eth, Forget What You Learned in Contracts Class: Software Revenue Recognition Under SOP 97-2, Tech Law Center (April 1999);
• Jordan Eth and Carlos Vasquez, Stock Sales by Officers and Directors: More Important than Ever, ABA National Institute, Securities Litigation and Arbitration (1998);
• Jordan Eth, Real Reform, The Corporate Climate (February 1996);
• Jordan Eth and Michael Dicke, Insider Stock Sales in Rule 10b-5 Corporate Disclosure Cases: Separating the Innocent from the Suspicious, 1 Stan. J. L. Bus. & Fin. 97 (1994), cited in In re Vantive Corporation Securities Litigation, 283 F.3d 1079 (9th Cir. 2002), and In re Sofamor Danek Group, 123 F.3d 394 (6th Cir. 1997);
• Paul Friedman and Jordan Eth, Ninth Circuit Acts Quickly on Fraud Suits, Nat’l L. J. (January 1994);
• Paul Friedman and Jordan Eth, VeriFone Clarifies Securities Fraud Litigation, Assoc. of Bus. Trial Lawyers (March 1994);
• Jordan Eth, Just Say No to Shareholder Suits, Upside Magazine (March 1992).

Personal Background

Mr. Eth received his B.A. in Economics from Swarthmore College in 1980, with highest honors and Phi Beta Kappa, and his J.D. from Stanford University in 1985, Order of the Coif. At Stanford, Mr. Eth was Co-President of the Moot Court Board. He served as a law clerk to the Honorable Chief Judge Robert F. Peckham, United States District Court for the Northern District of California, from August 1985 through August 1986. From 1980 through 1982, Mr. Eth worked as an economist in Washington, D.C., first for the United States Department of Energy and then for the Budget Committee of the United States House of Representatives. Mr. Eth joined Morrison & Foerster in 1986 and became a partner in 1992. Mr. Eth participates in community activities and coaches his two sons in baseball and soccer.