Homer Bonner Jacobs Ortiz

Founding Partner: Peter W. Homer

Managing Partner: Kevin P. Jacobs

Number of partners: 17

Main Areas of Practice

Business Litigation & Trial 

Homer Bonner Jacobs Ortiz began over three decades ago and remains today at its core a sophisticated commercial litigation boutique. Comprised of business lawyers and trial lawyers, the firm represents clients in all manner of business litigation. Homer Bonner also counsels clients in methods and procedures designed to minimize the possibility of business disputes. The firm realizes that even the most efficiently handled litigation will often take too long and cost too much. For this reason, it first looks at alternative methods to resolve a dispute, including effective negotiation, exploration of pre-litigation settlement possibilities, and alternative dispute resolution procedures. The firm has thrived by putting its clients’ long-term interests above the firm’s short-term interests. When litigation cannot be avoided, however, the firm will act in the most aggressive and intelligent way possible to protect its clients.

Class Action Litigation & Trial Homer Bonner Jacobs Ortiz has defended clients in a wide range of class action lawsuits, including corporate civil litigation, contracts, RICO, business torts, commodities, and securities. The firm has defended class actions at the trial and appellate levels in federal and state courts across the country and has amassed extensive experience in all aspects of this type of litigation.

Employment Litigation & Trial Homer Bonner Jacobs Ortiz represents both employees and employers ranging from small to large businesses in employment matters. Part and parcel of being good business lawyers and being able to comprehensively understand business risk means knowing employment law. Employment issues are an inherent risk associated with operating a business and an aspect of almost every piece of business litigation.

As a substantial part of its practice, the firm represents employers before state and federal courts and administrative agencies in all manner of employment claims. Homer Bonner also counsels employers on compliance with state and federal employment laws and regulations and conduct internal investigations, often in conjunction with human resources. At times, the firm has also represented senior executives in various employment and labor law matters.

Intellectual Property Litigation & Trial Homer Bonner Jacobs Ortiz frequently handles trademark, service mark, trade dress, and copyright matters for both publicly-traded and privately-held corporations. The firm has obtained preliminary injunctive relief for clients as well as defended clients against such claims. Homer Bonner also advises on trademark and copyright matters to assist its clients to avoid disputes and to protect their rights.

International Litigation & Trial Homer Bonner Jacobs Ortiz's international litigation practice focuses on complex commercial litigation involving individuals, corporations, and governments in the international business community. With lawyers fluent in Spanish, the firm’s international litigation practice represents both U.S. and foreign clients in Venezuela, Colombia, Ecuador, Dominican Republic, El Salvador, Panama, and other countries in South and Central America. Homer Bonner has substantial experience in coordinating and managing all aspects of multi-jurisdictional litigation, enforcing foreign judgments, presenting and securing evidence from foreign jurisdictions, and dismissing or transferring cases filed in inconvenient or foreign forums.

Regulatory Enforcement Homer Bonner Jacobs Ortiz attorneys have substantial experience representing organizations and individuals who have become subjects of investigations or enforcement proceedings by federal and state governmental agencies, including the Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), Commodity Futures Trading Commission (CFTC), U.S. Department of Justice (DOJ), U.S. Department of Education (ED), Consumer Financial Protection Bureau (CFPB), Federal Communications Commission, U.S. Environmental Protection Agency, U.S. Food and Drug Administration, and State Attorneys General.

In these matters, the firm’s clients include securities broker-dealers, investment advisors, investment companies, hedge funds, publicly-held companies, banks, insurance companies, for-profit schools, accounting firms, commodities firms, futures commission merchants, precious metals dealers, as well as the officers, directors, partners and employees of these companies, and others.

Representing a client in a regulatory enforcement investigation or proceeding presents challenges and requires strategies different from those involved in representing a client in civil litigation or a commercial dispute. Because the initiation of an enforcement action by a regulator can severely damage reputation and business prospects, our team recognizes the importance of negotiating with regulators at the earliest stage possible to demonstrate that an enforcement action is unwarranted. Homer Bonner takes proactive steps during the non-public stage of an investigation before regulators have decided whether to proceed.

If an enforcement action cannot be avoided, the firm is well prepared to litigate against any governmental agency or self-regulatory organization in court, in administrative proceedings, and, if necessary, on appeal. Homer Bonner has aggressively litigated against most regulators on various issues, including temporary restraining orders, preliminary injunctions, and limiting the scope of or overturning orders involving asset freezes.

The firm also has significant experience in conducting corporate internal investigations arising from FINRA, SEC, FTC, DOJ, and ED inquiries, as well as Sarbanes-Oxley and employee issues. The firm works discreetly and carefully to investigate sensitive issues and advise clients on corrective actions, which may include devising compliance plans or self-disclosure to regulators.

Regulatory Enforcement Proceedings The recent regulatory enforcement climate has been unprecedented, both in terms of the wide range of matters being investigated and the aggressiveness of various regulators. In particular, the CFPB, CFTC, and FTC have been extremely active within their ever-expanding dominions. Homer Bonner Jacobs Ortiz has a long and accomplished record of defending businesses and individuals against regulatory agency enforcement actions. Some notable results in the area include:

• CFTC v. Wilshire Investment Management Corp., 531 F.3d 1339 (11th Cir. 2008). In this 11th Circuit opinion, the firm obtained a reversal of an award of restitution in an enforcement action on the grounds that equitable restitution under the CFTC Act could not be based on customer losses.
• CFTC v. Erskine, 512 F.3d 309 (6th Cir. 2008). The firm successfully opposed the CFTC’s appeal of a summary judgment order holding that the defendants’ forex transactions were outside of the CFTC’s jurisdiction. Our firm drafted the brief and cooperated with co-counsel in obtaining an affirmance by the 6th Circuit. This ruling, together with the rulings in CFTC v. Zelener, 373 F.3d 861 (7th Cir. 2004), and CFTC v. Wilshire Investment Management Corp., 531 F.3d 1339 (11th Cir. 2008) (see above), precipitated certain changes in the law in the Dodd-Frank Act.

White Collar Criminal Defense 

Homer Bonner Jacobs Ortiz’s white collar criminal defense team defends clients from the United States, Latin America, and elsewhere who may be targets of criminal investigations or regulatory agency action. While the initial goal of any such representation is to avoid a criminal proceeding, the firm routinely counsels clients regarding the consequences of criminal exposure, compliance programs, and preventative measures.

Homer Bonner represents clients who are the subject or target of criminal or regulatory investigations, and aggressively defend those who have been charged. The team includes former federal prosecutors and SEC Enforcement attorneys who have expertise in representing corporations, executives, and professionals in matters including: accounting fraud, bank fraud, bribery, Foreign Corrupt Practices Act violations, False Claims Act/qui tam actions, embezzlement, health care fraud, mail & wire fraud, money laundering, securities fraud, and tax fraud.

The firm has substantial experience dealing with federal and state criminal and regulatory authorities, and are battle-tested in trial.

Contact: 

Phone: (305) 350-5100

Email: [email protected]