Caz Hashemi

Palo Alto

Chair of Wilson Sonsini Goodrich & Rosati's litigation department, Caz Hashemi's career spans more than two decades in the realm of internal investigations and also entails representing companies, boards and special committees.

His experience is augmented by his previous tenure as an enforcement attorney with the Securities and Exchange Commission, where he honed his skills in investigating potential violations of federal securities laws.

One of Hashemi's notable cases involves representing former eBay Chief Communications Officer Steve Wymer in litigation in the District of Massachusetts. This high-profile case centers on a harassment campaign against the plaintiffs, allegedly perpetrated by eBay's security team.

While seven members of the security team faced criminal charges and pled guilty, Wymer was not charged and has denied any involvement in the harassment. Hashemi filed a motion to dismiss the complaint on Wymer's behalf, showcasing his strategic legal approach in defending his clients against significant claims.

"In the eBay case, the details of the harassment of the plaintiffs, a couple who wrote an online newsletter, are upsetting," he said. "However, if you let the desire for accountability extend too far and include people who were not involved, like my client, it creates a dangerous precedent for future cases."

A separate matter involves representing Lyft, a leader in multimodal transportation networks, in an SEC investigation related to potential violations of federal securities laws. This case was settled on a non-scienter, non-fraud basis, demonstrating Hashemi's ability to achieve favorable outcomes in complex regulatory matters.

Hashemi's work in these cases raises crucial legal questions, particularly regarding the extent of liability in civil justice systems and the challenges of navigating evolving legal theories pursued by regulatory agencies like the SEC.

He said next year, it will be interesting to watch the implementation of the DOJ's recently announced M&A safe harbor policy, which is designed to protect acquiring companies that quickly find and report misconduct they discover at a target company.

"Companies of all kinds should also be taking a close look at their policies on using off-channel messaging apps like WhatsApp, Signal and Telegram for business purposes," Hashemi said. "A company's ability to access and preserve communications is top of mind for federal prosecutors, and earlier this year, the DOJ provided guidance indicating that it will consider the use of such apps in its criminal resolutions."