About Jacques Semmelman

A former Assistant US Attorney in the Eastern District of New York, Jacques Semmelman delivers for his clients by tapping into his significant courtroom experience. He is known for deftly handling complex cases — including those involving quantitative, econometric, scientific and engineering issues — by leveraging his mathematical and scientific background that includes a PhD from Harvard.

Speaking the clients' language

Jacques works with clients through all phases of civil and criminal litigation and arbitration, as well as in the defense of government investigations and enforcement proceedings. He is an accomplished trial lawyer, having served as lead counsel in more than 25 jury and bench trials and arbitral hearings, and is a skilled appellate advocate, having argued 16 appeals.

Jacques's practice is wide-ranging and includes significant matters involving antitrust, product liability, contracts, fraud, breach of fiduciary duty, derivative and class action litigation, commodities, securities, commercial and governmental bribery, trademark, patent, computer hacking, money laundering, and international extradition. He has considerable expertise in US anti-corruption laws, as well as in US sanctions and export controls laws. He regularly advises clients on Foreign Corrupt Practices Act (FCPA) compliance, and on regulations issued by the US Department of the Treasury (OFAC) and the US Department of Commerce (BIS). Jacques also conducts internal investigations involving suspected violations of OFAC sanctions, the FCPA and other anti-bribery laws, and anti-money laundering laws.

Jacques has particular experience handling the multifaceted needs of pharmaceutical clients. He provides counsel on matters related to Hatch-Waxman litigation, other patent-related litigation, and contractual disputes involving the development, licensing and marketing of pharmaceutical products. Clients also call on Jacques for his extensive experience with the metals industry, including in antitrust matters as well as in commercial litigation and arbitration.

Additionally, Jacques represents clients from diverse industries in intellectual property matters such as Lanham Act litigation, including cases involving trademark infringement, trade dress infringement and false advertising. He has also handled US International Trade Commission litigation involving microchip technology and finite element analysis.

Jacques is a thought leader with regard to international extradition, having published extensively in this area. His law review articles have been cited by numerous courts, including the US Courts of Appeals for seven federal circuits. He has served as counsel or co-counsel in several high-profile extradition cases. Jacques has testified in a notable trial on behalf of the Ministry of the Attorney General of British Columbia as an expert witness on US extradition law and procedure. The Supreme Court of British Columbia has described him as "a leading expert on extradition proceedings in the United States," with "broad practical and academic experience."

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Practice Focus

  • Commercial litigation and arbitration
  • Hatch-Waxman and other pharmaceutical patent litigation
  • Lanham Act litigation
  • Antitrust litigation
  • Fraud and breach of contract litigation
  • Product liability defense
  • FCPA compliance and investigations
  • OFAC sanctions compliance and investigations
  • White collar criminal defense
  • International extradition

Representative Experience

  • Commercial Litigation and Arbitration
  • Served as lead arbitration counsel for claimant Asian pharmaceutical company in licensing and marketing dispute with US-based multinational pharmaceutical company; obtained eight-figure arbitral award for client, as well as substantial award of legal fees. *
  • Served as lead counsel for a US generic pharmaceutical company in Hatch-Waxman litigation against UK-based multinational pharmaceutical company; case settled on very favorable terms. *
  • Served as lead counsel for Australian pharmaceutical company in defense of shareholder derivative and class action litigations in Delaware Court of Chancery revolving around majority ownership of US public company engaged in drug development; case settled on very favorable terms. *
  • Served as lead counsel for plaintiff chain of US department stores in Lanham Act injunction action against major US retailer; obtained injunction via summary judgment, as well as full award of legal fees. *
  • Served as lead counsel for international sports federation in defense of antitrust claims; case against client was dismissed voluntarily after completion of discovery. *
  • Served as lead trial counsel for contractual beneficiary of $331 million winning bid in US Bankruptcy Court case involving challenge brought by competing bidder seeking to reopen auction based on alleged collusion; following trial, court found no collusion and approved the transaction.
  • Represented international trading company as co-counsel in multi-defendant proposed class action involving alleged antitrust conspiracy to elevate metal prices; class certification was denied and summary judgment granted dismissing class action case. *
  • White Collar Criminal and Regulatory Defense
  • Represented Swiss banker arrested in Germany and held for extradition to US on tax fraud and related charges; extradition was denied by German court. *
  • Represented businessman under criminal investigation in the Southern District of New York for alleged corrupt payments to Mexican government officials; no charges brought. *
  • Conducted internal investigation on behalf of Latin American bank into potential OFAC sanctions violations; no charges brought. *
  • Conducted internal investigation on behalf of European manufacturing company into potential OFAC sanctions violations; no charges brought. *
  • Served as expert witness on OFAC sanctions in proceedings before the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation. *
  • Served as expert witness on US extradition law on behalf of the Attorney General of British Columbia in criminal case in British Columbia, Canada. *
* Experience prior to Katten

Publications

  • October 9, 2015
    Extradited Defendant Denied Standing To Enforce Sentencing Agreement | New York Law Journal
  • March 11, 2015
    Protecting Client Communications With Foreign Counsel From Discovery in U.S. Litigation | ABA/BNA Lawyers' Manual on Professional Conduct
  • May 2014
    Interpol Red Notices and Diffusions: Powerful – And Dangerous – Tools of Global Law Enforcement | The Champion
  • January/February 2011
    Obtaining Bail in International Extradition Cases | The Champion
  • October 2010
    Case Comment, International Decisions: Sacirbey v. Guccione | American Journal of International Law
  • January 3, 2008
    The Doctrine of Specialty in Criminal Cases | New York Law Journal
  • June 2006
    Defending the International Extradition Case | The Champion
  • 2001
    Case Comment, International Decisions: Cornejo-Barreto v. Seifert | American Journal of International Law
  • 2000
    The Rule of Non-Contradiction in International Extradition Proceedings: A Proposed Approach to the Admission of Exculpatory Evidence | Fordham International Law Journall
  • View All Publications

Presentations and Events

  • April 12, 2022
    US, EU, and UK Sanctions Imposed Against Russia: What Every Business Should Know Right Now Webinar
  • February 3, 2016
    The Knowledge Congress Live Webcast Series | Anti-Corruption Compliance and Enforcement: Key Developments in 2016 & Beyond
  • November 6, 2015
    Mexican Mediation Institute Program | The Long Arm of the U.S. Foreign Corrupt Practices Act
  • June 21, 2014
    New York State Bar Association's International Section Program | Foreign Corrupt Practices Act (FCPA): Enforcement Trends and Case Studies