Education

  • J.D., University of California, Berkeley School of Law (Boalt Hall), 1981
  • B.A., University of California, Berkeley, with high honors and distinction in general scholarship, 1977.  Varsity Football Letterman, 1975 Co-Championship Team

Admissions

  • California, 1981
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T: 415-433-6830
F: 415-433-7104
E: jbornstein@rbgg.com

Jeffrey Bornstein is a partner at Rosen Bien Galvan & Grunfeld LLP. He focuses his practice on white collar criminal defense, criminal and civil antitrust cases, internal investigations, representing individuals and non-profit organizations seeking justice in civil rights cases, defending companies and individuals in government enforcement matters including investigations by the Securities and Exchange Commission, and representing individuals and companies in federal criminal matters. 

Representative cases include alleged fraud, money laundering, theft of trade secrets and intellectual property, healthcare fraud, criminal environmental and other federal criminal matters, and general civil litigation.  He joined the firm in 2015 following nearly two decades in the criminal and civil divisions of the San Francisco United States Attorney’s Office and ten years as a partner with a major international law firm. Full bio »

vCard icon

Download vCard
T: 415-433-6830
F: 415-433-7104
E: jbornstein@rbgg.com

Jeffrey Bornstein is a partner at Rosen Bien Galvan & Grunfeld LLP. He focuses his practice on white collar criminal defense, criminal and civil antitrust cases, internal investigations, representing individuals and non-profit organizations seeking justice in civil rights cases, defending companies and individuals in government enforcement matters including investigations by the Securities and Exchange Commission, and representing individuals and companies in federal criminal matters. 

Representative cases include alleged fraud, money laundering, theft of trade secrets and intellectual property, healthcare fraud, criminal environmental and other federal criminal matters, and general civil litigation.  He joined the firm in 2015 following nearly two decades in the criminal and civil divisions of the San Francisco United States Attorney’s Office and ten years as a partner with a major international law firm.

Mr. Bornstein is a highly experienced trial lawyer in both civil and criminal cases.  He has been involved in many high-profile cases and has tried more than 35 jury and non-jury trials in state and federal courts. 

Mr. Bornstein has been recognized by Best Lawyers in America for Criminal Defense: White Collar since 2012 and by Northern California Super Lawyers for Criminal Defense since 2010. He was named a Fellow of the Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of American lawyers, since 2010.  He was recognized with numerous awards and commendations during his service as an Assistant United States Attorney, including for Superior Performance as an Assistant United States Attorney by the United States Department of Justice and Furthering Equal Employment Opportunity by the United States Attorney General. 

Mr. Bornstein worked as an Assistant United States Attorney in the United States Attorney’s Office in San Francisco in the criminal division from 1989 to 2005. He served as the senior litigation counsel, supervised the Major Crimes Unit, and was a member of the White Collar/Securities Fraud Unit.  Prior to that, he worked three years as a civil litigator in the United States Attorney’s Office and over four years in the San Francisco City Attorney’s Office, and a San Francisco law firm.  While in the U.S. Attorney’s Office he received commendations from numerous federal agencies, including U.S. Secret Service, Federal Bureau of Investigation, U.S. Postal Service, U.S. Coast Guard, U.S. Department of Health and Human Services, U.S. Customs Service, U.S. Drug Enforcement Agency and U.S. Department of Labor.

Mr. Bornstein speaks and writes regularly on a wide range of issues relating to government enforcement and white collar criminal defense.  Active in bar and community activities, he was instrumental in the creation and implementation of the Building Our Leaders of Tomorrow (BOLT) drug education and violence prevention program for youth in the Northern District of California and is a founding board member of the Nicaraguan Children’s Friendship Committee, based in San Francisco, that serves poor and abandoned youth in Leon, Nicaragua.  He is also a Fellow of the American Bar Association Foundation.  He was named in Who’s Who Legal Business Crime Defence in London in 2014, received the Bar Association of San Francisco’s Award of Merit in 2014, the Perlman Service Award from Litigation Counsel of America in 2013, and was named a Trial Lawyer of the Year Finalist by the Public Justice Foundation in 2010,

REPRESENTATIVE CASES

  • Honolulu Authority for Rapid Transit (HART) Grand Jury Investigations.  Advise corporation counsel in connection with ongoing federal and state grand jury investigations relating to the HART project.
  • Paradise Fire.  Representing multiple PG&E employees in connection with the 2018 Paradise, California fire.
  • SEC Enforcement.  Representation of a key former corporate officer in an ongoing SEC investigation concerning alleged revenue recognition fraud by a major computer manufacturer. 
  • Internal Investigation.  Internal investigation in 2018 and representation of a startup company involving the alleged theft of trade secrets. 
  • Civil Litigation.  Continued representation of a medical device manufacturing company in a series of nationwide class action matters. 
  • Civil Antitrust.  Currently representing certain indirect purchaser claimants in a civil multidistrict antitrust case in the NDCA.
  • Babu vs County of Alameda et al.  Co-lead counsel in a case filed in December 2018 against Alameda County alleging constitutional violations at Santa Rita, especially for prisoners with mental illness, to include placement in isolation without access to programs and effective treatment.
  • Alliance of Californians for Community Empowerment v. City of Los Angeles, et al..  Co-lead counsel in a successful case against  the City of Los Angeles that led to the end of procedures allowing an individual council member to block affordable and supportive housing development. 
  • United States. v. Senghor .  Obtained favorable plea agreement for San Francisco restaurant owner in high-profile criminal immigration matter.
  • Internal Investigation.  Internal Investigation in 2018 and representation of an independent tugboat operator in connection with an alleged pollution incident.
  • Clean Water Act Investigation.  Represent captain and crew members of a large tanker vessel in connection with alleged Clean Water Act violations.
  • Barcenas v. Cabillo.  Representing individual in civil suit brought against San Francisco Police Department relating to the unwarranted shooting of plaintiff by SFPD officer.
  • Galleon Insider-Trading Case.  Represented a key person in the Galleon insider-trading case.
  • Solyndra Federal Criminal Probe.  Represented Solyndra in connection with two federal criminal probes following its bankruptcy filing.
  • San Bruno Gas Pipeline Accident.  Represented multiple PG&E employees in connection with the San Bruno gas pipeline accident.
  • Criminal Antitrust in Hawaii.  Led a team of lawyers and paralegals in connection with the internal investigation and successful pre-charge defense of a school bus company in Hawaii alleged to have been involved in illegal bid rigging.
  • United States v. Pharmacy.  Successfully represented a regional pharmacy in connection with a U.S. Attorney, State Attorney General, U.S. Drug Enforcement Administration and U.S. Food and Drug Administration investigation involving the alleged adulteration and misbranding of prescription drugs including controlled substances
  • Cosco Busan Oil Spill.  Represented the pilot of the Cosco Busan in connection with the oil spill in the San Francisco Bay following the ship’s striking of a bridge tower of the Bay Bridge and assisted him in avoiding any felony conviction.
  • Criminal Trade Secrets Case re iPhone.  Successfully resolved the criminal case brought by the district attorney in connection with the alleged theft of an iPhone prototype without the filing of any felony charges
  • United States v. Chair of Audit Committee.  Successfully defended the former chair of the audit committee in the Brocade stock option backdating criminal and related class action and derivative civil litigation
  • Blind Parent v. County: Successfully represented a blind parent who was threatened with criminal charges by County Counsel for exercising her rights to talk about her experiences in family court and her concerns that her children were removed from her custody because of her blindness.
  • White Collar.  Representation of several individuals since 2017 in an ongoing criminal investigation involving a major international bank. 
  • White Collar.  Representation in 2017 of a high level employee in a ridesharing company in connection with an internal investigation.
  • White Collar.  Representation of a key person in connection with a federal criminal and parallel civil case involving an international pharmaceutical company.
  • United States v. Giraudo, et al..  Represented a defendant alleged to have engaged in bid rigging in connection with foreclosure auctions.
  • Human Rights Defense Center v. County of Los Angeles, et al..  Co-lead counsel in a First Amendment case that settled on favorable terms. 
  • City of Richmond Refinery Fire.  Represented several individuals in connection with a refinery fire in Richmond. 
  • Petrolino v. City and County of San Francisco, et al..  Co-lead counsel representing the family in a jail suicide case that settled on favorable terms. 
  • Auto Parts Price Fixing Investigation.  Successful representation of an individual in connection with an overseas federal criminal antitrust investigation. 
  • Representation of an investment advisor in a civil fraud trial. Co-lead counsel in the successful defense of an investment advisor,  obtaining a defense verdict on all counts following a multiple week trial in Los Angeles.
  • Financial Industry Regulatory Authority Investigation of Broker Dealer.  Representation of the owners of a broker-dealer in connection with a FINRA investigation.
  • Internal Investigation and Representation of a Seafood Processor in a Clean Water Act Criminal Investigation. Lead counsel in an internal investigation and representation of the owner of a seafood processing plant in Washington State in connection with the successful resolution of a criminal matter coordinated by the Environmental Protection Agency and United States Attorney’s Office in Seattle.
  • Representation of persons alleged to have engaged in bid rigging.  Representation of  individuals in connection with additional criminal antitrust investigations and cases alleging improper bid rigging and/or price cartel activities in Sacramento and Washington D.C.
  • United States v. Business Owner.  Representation of an owner of a local meat-processing facility for alleged federal crimes involving various federal food safety and inspection requirements.
  • Coleman v. Brown.  Key part of the team that represents a class of the more than 30,000 men and women in California’s prison system with serious mental illness.  Co-lead counsel in the trial in 2013 that led to additional corrective orders by the USDC regarding use of force and cell extraction policy changes.In a landmark decision, the United States Supreme Court ruled that overcrowding in California’s prisons resulted in cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution. Brown v. Plata, 131 S. Ct. 1910 (2011).

 

Honors & Awards

  • Best Lawyers, U.S. News & World Report, Criminal Defense: White-Collar, 2012–2020
  • Northern California Super Lawyers, Criminal Defense 2010–2019
  • Who’s Who Legal Business Crime Defense 2014
  • Bar Association Of San Francisco Award of Merit 2014
  • Perlman Service Award, Litigation Counsel of America, 2013
  • Fellow, Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of American lawyers, 2010–Present
  • Trial Lawyer of the Year Finalist, Public Justice Foundation, 2010
  • Award for Superior Performance as an Assistant United States Attorney, U.S. Department of Justice Director’s Award
  • Award for Outstanding Performance and Invaluable Assistance, U.S. Department of Justice Environment and Natural Resources Division
  • Award for Furthering Equal Employment Opportunity, U.S. Attorney General
  • Commendations from numerous federal agencies including U.S. Secret Service, Federal Bureau of Investigation, U.S. Postal Service, U.S. Coast Guard, U.S. Department of Health and Human Services, U.S. Customs Service, U.S. Drug Enforcement Agency and U.S. Department of Labor

Education

  • J.D., University of California, Berkeley School of Law (Boalt Hall), 1981
  • B.A., University of California, Berkeley, with high honors and distinction in general scholarship, 1977.  Varsity Football Letterman, 1975 Co-Championship Team

Admissions

  • California, 1981

Community Service

  • Bar Association of San Francisco (Criminal Justice Subcommittee)
  • American Bar Association (Criminal Law Section, White Collar Subcommittee)
  • National Association of Criminal Defense Lawyers
  • California Attorneys for Criminal Justice
  • Litigation Counsel of America
  • Federal Bar Association
  • Criminal Justice Act Panel Attorney for NDCA, 2006–2009; 2010–2013; 2014-present
  • Founding Board Member, Nicaraguan Children’s Friendship Committee (www.NCFCkids.org)

Jeffrey Bornstein is a partner at Rosen Bien Galvan & Grunfeld LLP. He focuses his practice on white collar criminal defense, criminal and civil antitrust cases, internal investigations, representing individuals and non-profit organizations seeking justice in civil rights cases, defending companies and individuals in government enforcement matters including investigations by the Securities and Exchange Commission, and representing individuals and companies in federal criminal matters. 

Representative cases include alleged fraud, money laundering, theft of trade secrets and intellectual property, healthcare fraud, criminal environmental and other federal criminal matters, and general civil litigation.  He joined the firm in 2015 following nearly two decades in the criminal and civil divisions of the San Francisco United States Attorney’s Office and ten years as a partner with a major international law firm.

Mr. Bornstein is a highly experienced trial lawyer in both civil and criminal cases.  He has been involved in many high-profile cases and has tried more than 35 jury and non-jury trials in state and federal courts. 

Mr. Bornstein has been recognized by Best Lawyers in America for Criminal Defense: White Collar since 2012 and by Northern California Super Lawyers for Criminal Defense since 2010. He was named a Fellow of the Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of American lawyers, since 2010.  He was recognized with numerous awards and commendations during his service as an Assistant United States Attorney, including for Superior Performance as an Assistant United States Attorney by the United States Department of Justice and Furthering Equal Employment Opportunity by the United States Attorney General. 

Mr. Bornstein worked as an Assistant United States Attorney in the United States Attorney’s Office in San Francisco in the criminal division from 1989 to 2005. He served as the senior litigation counsel, supervised the Major Crimes Unit, and was a member of the White Collar/Securities Fraud Unit.  Prior to that, he worked three years as a civil litigator in the United States Attorney’s Office and over four years in the San Francisco City Attorney’s Office, and a San Francisco law firm.  While in the U.S. Attorney’s Office he received commendations from numerous federal agencies, including U.S. Secret Service, Federal Bureau of Investigation, U.S. Postal Service, U.S. Coast Guard, U.S. Department of Health and Human Services, U.S. Customs Service, U.S. Drug Enforcement Agency and U.S. Department of Labor.

Mr. Bornstein speaks and writes regularly on a wide range of issues relating to government enforcement and white collar criminal defense.  Active in bar and community activities, he was instrumental in the creation and implementation of the Building Our Leaders of Tomorrow (BOLT) drug education and violence prevention program for youth in the Northern District of California and is a founding board member of the Nicaraguan Children’s Friendship Committee, based in San Francisco, that serves poor and abandoned youth in Leon, Nicaragua.  He is also a Fellow of the American Bar Association Foundation.  He was named in Who’s Who Legal Business Crime Defence in London in 2014, received the Bar Association of San Francisco’s Award of Merit in 2014, the Perlman Service Award from Litigation Counsel of America in 2013, and was named a Trial Lawyer of the Year Finalist by the Public Justice Foundation in 2010,

REPRESENTATIVE CASES

  • Honolulu Authority for Rapid Transit (HART) Grand Jury Investigations.  Advise corporation counsel in connection with ongoing federal and state grand jury investigations relating to the HART project.
  • Paradise Fire.  Representing multiple PG&E employees in connection with the 2018 Paradise, California fire.
  • SEC Enforcement.  Representation of a key former corporate officer in an ongoing SEC investigation concerning alleged revenue recognition fraud by a major computer manufacturer. 
  • Internal Investigation.  Internal investigation in 2018 and representation of a startup company involving the alleged theft of trade secrets. 
  • Civil Litigation.  Continued representation of a medical device manufacturing company in a series of nationwide class action matters. 
  • Civil Antitrust.  Currently representing certain indirect purchaser claimants in a civil multidistrict antitrust case in the NDCA.
  • Babu vs County of Alameda et al.  Co-lead counsel in a case filed in December 2018 against Alameda County alleging constitutional violations at Santa Rita, especially for prisoners with mental illness, to include placement in isolation without access to programs and effective treatment.
  • Alliance of Californians for Community Empowerment v. City of Los Angeles, et al..  Co-lead counsel in a successful case against  the City of Los Angeles that led to the end of procedures allowing an individual council member to block affordable and supportive housing development. 
  • United States. v. Senghor .  Obtained favorable plea agreement for San Francisco restaurant owner in high-profile criminal immigration matter.
  • Internal Investigation.  Internal Investigation in 2018 and representation of an independent tugboat operator in connection with an alleged pollution incident.
  • Clean Water Act Investigation.  Represent captain and crew members of a large tanker vessel in connection with alleged Clean Water Act violations.
  • Barcenas v. Cabillo.  Representing individual in civil suit brought against San Francisco Police Department relating to the unwarranted shooting of plaintiff by SFPD officer.
  • Galleon Insider-Trading Case.  Represented a key person in the Galleon insider-trading case.
  • Solyndra Federal Criminal Probe.  Represented Solyndra in connection with two federal criminal probes following its bankruptcy filing.
  • San Bruno Gas Pipeline Accident.  Represented multiple PG&E employees in connection with the San Bruno gas pipeline accident.
  • Criminal Antitrust in Hawaii.  Led a team of lawyers and paralegals in connection with the internal investigation and successful pre-charge defense of a school bus company in Hawaii alleged to have been involved in illegal bid rigging.
  • United States v. Pharmacy.  Successfully represented a regional pharmacy in connection with a U.S. Attorney, State Attorney General, U.S. Drug Enforcement Administration and U.S. Food and Drug Administration investigation involving the alleged adulteration and misbranding of prescription drugs including controlled substances
  • Cosco Busan Oil Spill.  Represented the pilot of the Cosco Busan in connection with the oil spill in the San Francisco Bay following the ship’s striking of a bridge tower of the Bay Bridge and assisted him in avoiding any felony conviction.
  • Criminal Trade Secrets Case re iPhone.  Successfully resolved the criminal case brought by the district attorney in connection with the alleged theft of an iPhone prototype without the filing of any felony charges
  • United States v. Chair of Audit Committee.  Successfully defended the former chair of the audit committee in the Brocade stock option backdating criminal and related class action and derivative civil litigation
  • Blind Parent v. County: Successfully represented a blind parent who was threatened with criminal charges by County Counsel for exercising her rights to talk about her experiences in family court and her concerns that her children were removed from her custody because of her blindness.
  • White Collar.  Representation of several individuals since 2017 in an ongoing criminal investigation involving a major international bank. 
  • White Collar.  Representation in 2017 of a high level employee in a ridesharing company in connection with an internal investigation.
  • White Collar.  Representation of a key person in connection with a federal criminal and parallel civil case involving an international pharmaceutical company.
  • United States v. Giraudo, et al..  Represented a defendant alleged to have engaged in bid rigging in connection with foreclosure auctions.
  • Human Rights Defense Center v. County of Los Angeles, et al..  Co-lead counsel in a First Amendment case that settled on favorable terms. 
  • City of Richmond Refinery Fire.  Represented several individuals in connection with a refinery fire in Richmond. 
  • Petrolino v. City and County of San Francisco, et al..  Co-lead counsel representing the family in a jail suicide case that settled on favorable terms. 
  • Auto Parts Price Fixing Investigation.  Successful representation of an individual in connection with an overseas federal criminal antitrust investigation. 
  • Representation of an investment advisor in a civil fraud trial. Co-lead counsel in the successful defense of an investment advisor,  obtaining a defense verdict on all counts following a multiple week trial in Los Angeles.
  • Financial Industry Regulatory Authority Investigation of Broker Dealer.  Representation of the owners of a broker-dealer in connection with a FINRA investigation.
  • Internal Investigation and Representation of a Seafood Processor in a Clean Water Act Criminal Investigation. Lead counsel in an internal investigation and representation of the owner of a seafood processing plant in Washington State in connection with the successful resolution of a criminal matter coordinated by the Environmental Protection Agency and United States Attorney’s Office in Seattle.
  • Representation of persons alleged to have engaged in bid rigging.  Representation of  individuals in connection with additional criminal antitrust investigations and cases alleging improper bid rigging and/or price cartel activities in Sacramento and Washington D.C.
  • United States v. Business Owner.  Representation of an owner of a local meat-processing facility for alleged federal crimes involving various federal food safety and inspection requirements.
  • Coleman v. Brown.  Key part of the team that represents a class of the more than 30,000 men and women in California’s prison system with serious mental illness.  Co-lead counsel in the trial in 2013 that led to additional corrective orders by the USDC regarding use of force and cell extraction policy changes.In a landmark decision, the United States Supreme Court ruled that overcrowding in California’s prisons resulted in cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution. Brown v. Plata, 131 S. Ct. 1910 (2011).

 

Honors & Awards

  • Best Lawyers, U.S. News & World Report, Criminal Defense: White-Collar, 2012–2020
  • Northern California Super Lawyers, Criminal Defense 2010–2019
  • Who’s Who Legal Business Crime Defense 2014
  • Bar Association Of San Francisco Award of Merit 2014
  • Perlman Service Award, Litigation Counsel of America, 2013
  • Fellow, Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of American lawyers, 2010–Present
  • Trial Lawyer of the Year Finalist, Public Justice Foundation, 2010
  • Award for Superior Performance as an Assistant United States Attorney, U.S. Department of Justice Director’s Award
  • Award for Outstanding Performance and Invaluable Assistance, U.S. Department of Justice Environment and Natural Resources Division
  • Award for Furthering Equal Employment Opportunity, U.S. Attorney General
  • Commendations from numerous federal agencies including U.S. Secret Service, Federal Bureau of Investigation, U.S. Postal Service, U.S. Coast Guard, U.S. Department of Health and Human Services, U.S. Customs Service, U.S. Drug Enforcement Agency and U.S. Department of Labor

Publications

Full list of publications »

Presentations

  • “It’s Not Who You Know, But Who You Represent: The Ethics of Joint Representation in a Criminal Investigation,” Bar Association of San Francisco Presentation, May 20, 2014
  • “Lions, Tigers, Bears, Prosecutors and SEC Enforcement Attorneys – Oh My!”, Litigation Counsel of America, 2014 Spring Conference, May 1, 2014
  • “Balancing the Customer Experience with Robust Security Systems that Protect Against Fraud,” National Investment Company Service Association’s (NICSA) Risk Management Workshop, November 20, 2013
Full list of presentations »
  • “It’s Not Who You Know, But Who You Represent: The Ethics of Joint Representation in a Criminal Investigation,” Bar Association of San Francisco Presentation, May 20, 2014
  • “Lions, Tigers, Bears, Prosecutors and SEC Enforcement Attorneys – Oh My!”, Litigation Counsel of America, 2014 Spring Conference, May 1, 2014
  • “Balancing the Customer Experience with Robust Security Systems that Protect Against Fraud,” National Investment Company Service Association’s (NICSA) Risk Management Workshop, November 20, 2013
  • “Navigating Environmental Accidents and Catastrophes – Government and Defense Perspectives,” Bar Association of San Francisco Presentation, November 14, 2013
  • “Identifying Changes to the Global Anti-Corruption Compliance Landscape to Maintain and Upgrade Your Existing Compliance Program,” 9th Annual FCPA and Anti-Corruption Compliance Conference, September 19-21, 2012
  • “Spill Oil – Go to Jail: The New Paradigm for Mariners,” Passenger Vessel Association Annual Conference, February 15, 2010
  • “Spill Oil – Go to Jail: The New Paradigm for Mariners after the Cosco Busan,” San Francisco Chapter of the National Association of Insurance Women, October 20, 2009
  • “Conflicts of Interest for Hedge Fund Managers and Prime Brokers,” May 16, 2007
  • “You are Alerted to an Incident of Employee Theft of Company Intellectual Property. What do you do?,” Silicon Valley Women’s Group, March 16, 2007
  • “Be Prepared: What You Need to Know about the Criminalization of Securities Laws,” July 31, 2006