James P. Melendres

James Melendres co-chairs the Investigations, Government Enforcement and White Collar Protection practice and the Cybersecurity, Data Protection and Privacy practice. He regularly conducts internal investigations and represents companies in a wide variety of matters relating to federal and state criminal, civil and regulatory enforcement. James also advises companies regarding the full life cycle of enterprise risks associated with cybersecurity, including before, during and after a data breach or other cyber-attack.

James further assists clients in developing and implementing crisis management and public relations strategies. He has appeared on CBS, CNBC and MSNBC and been quoted in The Wall Street Journal and Bloomberg, among other publications.

Prior to joining Snell & Wilmer, James served as a federal prosecutor and led high-profile and complex matters, including the prosecutions of former Central Intelligence Agency Director David Petraeus and the leader of the Tijuana Cartel. He also served in the leadership offices at the Department of Justice in Washington, D.C., and in his role as counsel to the Assistant Attorney General for National Security, James helped manage the DOJ National Security Division and counseled senior DOJ officials on a wide variety of matters - from high-profile cyber investigations and related litigation to the strategic use of trade sanctions to counter cyber-related national security threats.

Representative Presentations and Publications

Selected Media Coverage

•“Internal Investigation Finds Admission Scandal at USD Limited to One Coach, ” The San Diego Union-Tribune (August 29, 2019)
• Companies Should Up Cybersecurity Efforts as Trump Council Frays, Quoted, Bloomberg BNA (August 30, 2017)
• Trump Cybersecurity Council Resignations Could Mean Disruption for Cybersecurity Policy, Quoted, Legaltech News (August 29, 2017)
• What Attorneys Need to Know About Trump's Opioid Policies, Quoted, Law360 (August 9, 2017)
• The Morning Risk Report: Odebrecht Corruption Case Breaks New Ground, Quoted, The Wall Street Journal (April 19, 2017)
• Cyber Spies, Quoted, Legaltech News: A Special Report, Corporate Counsel Magazine (February 2017)
• Odebrecht Case Shows Cooperation Breakthrough, Quoted, The Wall Street Journal (December 22, 2016)
• Table of Experts: Cybersecurity, Panelist, Phoenix Business Journal (September 30, 2016)
• How does DOJ decide how much to fine a company? CNBC (September 16, 2016)
• Nationwide Ruling Lowers Hurdle For Data Breach Victims, Quoted, Law360 (September 13, 2016)
• Spokeo Landscape Gets Clarity In 8th Circ. Charter Ruling, Quoted, Law360 (September 9, 2016)
• As Cyber Fears Rise, Smaller Firms Struggle to Cope, Quoted, The Record Reporter (August 12, 2016)
• Here's why James Comey didn't recommend prosecution for Hillary Clinton, CBS (July 7, 2016)
• Reasons emerge as to why Hillary Clinton is not prosecuted in e-mail scandals, New Europe (July 7, 2016)
• Criminal charges against Clinton could have set new legal standard, Politico (July 6, 2016)
• How FBI chief's Clinton email ruling was 'very unusual', CBS, CBS This Morning (July 6, 2016)
• Similarities lacking in Clinton, Petraeus investigations, The Associated Press (July 6, 2016)
• Intent is key in classified information cases, The San Diego Union-Tribune (July 5, 2016)
• FBI: Clinton, Staff 'Extremely Careless', MSNBC, Meet the Press Daily (July 5, 2016)
• Top Privacy Cases of 2016: Midyear Report, Quoted, Law 360 (July 1, 2016)

Publications

• Paycheck Protection Program Enforcement Actions Begin: DOJ Charges Two Men for Defrauding Federal Government Under the CARES Act, Co-Author, Snell & Wilmer Legal Alert (May 11, 2020)
• Hospital and Healthcare Company Ransomware Attacks Increasing During COVID-19 Pandemic, Co-Author, Snell & Wilmer Legal Alert (April 8, 2020)
• ABA Recent Developments in Business and Corporate Litigation, Criminal and Enforcement Litigation, (2017-2018)
• Breaking Down the DOJ's Enforcement and Corporate Leniency Policies, Co-Author, Denver Business Journal (June 11, 2018)
• Handling Cyber Threats: Ransomware, Co-Author, Orange County Business Journal (August 28, 2017)

Speaking Engagements

•“Conducting Internal Investigations: Best Practices and Current Trends,” Moderator, The Network of Trial Law Firms, San Diego, CA (November 8, 2019)
•“An Insider’s View of the Cyber Insurance Landscape,” Panelist, IT Security Leadership Exchange, Phoenix, AZ (October 29, 2019)
•“Effective BEC and Ransomware Mitigation,” Co-Presenter, Kroll Reputational Risk Webinar Series (October 2, 2019)
•“Cybersecurity and Benefits Plans,” Keynote Speaker, Western Pension & Benefits Council 2019 Spring Conference, Scottsdale, AZ (May 9, 2019)
•“Recent Developments in Criminal and Enforcement Litigation,” Panelist, ABA, Business and Corporate Litigation Committee 2019 Spring Meeting, Vancouver, Canada (March 29, 2019)
•“Data Breach Response: Preserving the Privilege,” Lockton Phoenix Inaugural Cyber Day, Phoenix, AZ (February 26, 2019)
•“Law of Leaks,” Panelist, 2018 Ninth Circuit Judicial Conference, Anaheim, CA (July 24, 2018)
• Data Breach Response: Preserving the Privilege,” SCCE Scottsdale Regional Compliance & Ethics Conference, Scottsdale, AZ (April 13, 2018)
•“Cybersecurity and the Obligations of Companies: An Ethical Perspective,” ABA, Section of Litigation, Corporate Counsel Seminar, La Quinta, CA (February 16, 2018)
• Cybersecurity and Data Protection Guidance for Law Firms: Protecting Your Clients' Crown Jewels in the Age of the Internet, ABA Business Law Section Annual Meeting, Chicago, IL (September 14, 2017)
• Cybersecurity Preparedness: Building a Legal Firewall to Prepare for the Inevitable, Utah State Bar Convention, Sun Valley, ID (July 27, 2017)
• Strategies for Communicating with DOJ, SCCE Regional Compliance and Ethics Counsel Conference, Scottsdale, AZ (April 7, 2017)
• Cybersecurity: What Life Sciences Companies Need to Know to Defend Themselves Against the Inevitable, Co-Presenter, Medmarc Loss Control Webinar Series (June 29, 2016)
• National Security-Related Cybersecurity Challenges and Solutions, Atlantic Council - Cyber 9/12 Student Challenge, Washington, D.C. (March 11, 2016)
• Information Sharing Under the EU-US Privacy Shield, National Cyber-Forensics Training Alliance, San Diego, CA (March 4, 2016)
• Cybersecurity, Data Protection and Privacy Committee Panel, American Bar Association, Public Contract Law Section, Washington, D.C. (February 23, 2016)
• The Current Cyber Threat Landscape, Speaker, National Security Cyber Specialists Network 2015 Conference, Tysons Corner, VA (October 21, 2015)

Professional Recognition and Awards

•The Best Lawyers in America, Criminal Defense: White Collar (2019-2020)

Other Professional Experience

•United States Department of Justice, National Security Division, Counsel to the Assistant Attorney General (2016)
•National Cyber Investigative Joint Task Force, Department of Justice Representative (2015-2016)
•United States Department of Justice, National Security Division, Counterintelligence and Export Control Section, Trial Attorney (2014-2016)
•United States Attorney’s Office, Southern District of California, Assistant United States Attorney (2007-2014)
•United States District Court, District of New Mexico, Law Clerk to Hon. Bruce Black (2006-2007)
•LeBoeuf, Lamb, Greene & MacRae LLP, New York, New York (2003-2006)

Related News & Events

• Aug 15
139 Snell & Wilmer Lawyers Listed as Leaders in Their Fields by The Best Lawyers in America 2019
Eleven Snell & Wilmer attorneys recognized as a 2019 Lawyer of the Year

• Jun 11
Breaking Down DOJ's Enforcement and Corporate Leniency Policies

• Jun 08
Snell & Wilmer's Cybersecurity, Data Protection, and Privacy Group Launches 24/7 Breach Response Team and Interactive Data Breach Map

• May 02
Prosecutor Of Boston Marathon Bomber Joins Snell & Wilmer

• Jan 02
James P. Melendres to Serve as Advisor to the Study Committee on Data Breach Notification

• Aug 28
Handling Cyber Threats: Ransomware
Orange County Business Journal

• Apr 24
Snell & Wilmer Partner James P. Melendres Appointed to the Arizona Supreme Court’s Task Force on Court Management of Digital Evidence

• Jan 17
Snell & Wilmer Renews Commitment to Los Angeles
Moves to 31st Floor of Two California Plaza

• Oct 06
ABA Business and Corporate Litigation Committee Appoints James Melendres as Chair of Criminal and Enforcement Litigation Subcommittee

• Sep 30
Table of Experts: Cybersecurity
Phoenix Business Journal

• Jul 01
Top Privacy Cases of 2016: Midyear Report
Law360

• Jun 09
Former DOJ Atty Who Led Petraeus Case Joins Snell & Wilmer
Law360

• Jun 06
Former Department of Justice Attorney James P. Melendres Joins Snell & Wilmer as Partner
Led prosecution of former Central Intelligence Agency Director David Petraeus; Adds depth to firm’s cybersecurity, data protection and white collar practices

Related Publications

• May 11
Paycheck Protection Program Enforcement Actions Begin
DOJ Charges Two Men for Defrauding Federal Government Under the CARES Act

• Apr 08
Hospital and Healthcare Company Ransomware Attacks Increasing During COVID-19 Pandemic

• Mar 27
Cybersecurity Risks Increasing During COVID-19 Pandemic

• Dec 11
Yates Memorandum: Rosenstein Announces Easier Path for Companies to Receive Cooperation Credit

• Jul 25
Department of Justice Issues First Report of Cyber-Digital Task Force

• May 22
The EU General Data Protection Regulation