Holscher has a lengthy pedigree, first as a forceful federal prosecutor of the likes of Hollywood Madam Heidi Fleiss for tax evasion and, since 1995, in private practice as a bulldog representative of a roster of prominent clients. They have ranged from nuclear scientist and espionage defendant Wen Ho Lee to Enron's Jeffrey Skilling to Circuit Judge Alex Kozinski to, most recently, singer and actress Cher. He moved to Kirkland from O'Melveny & Myers LLP in 2007 as part of Kirkland's bid to amp up its California white-collar practice.
"I'm proud of the fact that over the years we've built a great team, recruiting and training," Holscher said. In the past five years, he said he and his litigation department colleagues have obtained plaintiffs' verdicts and settlements exceeding $1.2 billion and have successfully defended clients against multiple claims totaling more than a billion dollars.
He currently represents hedge fund founder William Ackman and his Pershing Square Capital Management LP in its ongoing boardroom and courtroom battle with Botox maker Allergan PLC, a target of Pershing Square and Valeant Pharmaceuticals International Inc.'s $50 billion unsolicited takeover offer. A potential class action against Holscher's client by an Allergan employee has attracted additional plaintiffs, including two pension funds, over claims that Pershing Square violated Securities Exchange Act rules by obtaining non-public information from Valeant related to the tender offer. The parties are in discovery with the plaintiffs' class certification motion on the line in coming weeks. Basile v. Valeant Pharmaceuticals International Inc., 14-cv-02004 (C.D. Cal., filed Dec. 16, 2014).
Holscher is the lead trial attorney representing BP West Coast Products LLC in litigation over an alleged multimillion-dollar violation of the California Air Resources Board's fuel regulations. The board charges that oil shipments from BP's Cherry Point refinery, the largest such facility in Washington state, failed to meet California regulations. A bench trial in May 2015 eliminated one and limited another of the board's key legal arguments on penalties. The judge agreed with Holscher's argument that a number of the alleged violations should not lead to any penalty. Phase II of the trial is set for early 2017.
The sensitive task, Holscher said, is to defend his client without upsetting ongoing relations with the board. "The client needs a good working relationship going forward," he said. "The key is to be respectful and highly professional when dealing with regulators." BP West Coast Products LLC v. California Air Resources Board, BS146341 (Contra Costa Super. Ct., filed March 7, 2012).
For Cher, Holscher represents her trust in a suit against her former business manager and others over breach of contract and related claims related to a $1.3 million investment the trust made in clean technology in 2006 and 2007, which has allegedly resulted in no returns or adequate accounting of the funds invested. The Veritas Trust v. SAIL Venture Partners LLC, BC623150 (L.A. Super. Ct., filed June 8, 2016).
"Cher believes the defendants had not been honest with her about the prospects for the investments," Holscher said. "It's not just about financial gain. She's very principled and focused on righting the wrongs she perceives." He said it was a pleasure meeting his client. "She's delightful and absolutely charismatic," he said.
— John Roemer
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