A dozen tech and finance executives whose names were spared from both docket and daily news cycle this past year have Willingham to thank for their anonymity — and clean record.
The former major frauds prosecutor has become a go-to in the white collar space for his ability to vaporize government threats, most often by detailing to federal agencies how much stronger their case would be without his client named as a defendant.
"It's a subtle advocacy in getting them to buy in to your view of the case, sometimes in a way that's not combative," Willingham said.
A well-placed doubt often goes farther than a blazing guns defense, he has found.
When a languishing investigation into 11 top employees at Countrywide Financial Corp. heated up again in 2015, Willingham, over a series of off-the-record meetings with the U.S. Attorney's office, explained how the novel legal theory undergirding the case might stretch too far for a judge's taste given the facts surrounding his specific client.
The investigation was officially closed with no charges filed against that executive in a matter of months.
Willingham parachuted in to a New York suit on the eve of trial to defend litigation financier Roni Dersovitz in a matter that had been litigated for years.
Trying a new strategy, Willingham asked the judge to conduct a settlement conference, during which he explained why the plaintiff's claims were worth far less.
"He finally paid attention, said, 'This is going to be a 30-day waste of time,' and granted a motion for directed verdict dismissing all claims," he recounted. Albano v. Dersovitz , 23368-10 (Sup. Ct. N.Y., Nassau County, filed May 4, 2011).
Willingham currently represents former Hyperloop One general counsel Afshin Pishevar in litigation with former employees. In July, he successfully dismissed a restraining order, arguing claims that his client threatened a plaintiff with a noose were fabricated to gain leverage in a separate suit. BamBrogan v. Hyperloop Technologies Inc., BC626780 (L.A. Super. Ct., filed July 12, 2016).
— America Hernandez
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
Send a letter to the editor:
Email: letters@dailyjournal.com