Jonathan Joseph is the firm’s Managing Partner and an AV® peer review rated attorney with over thirty-four years of experience representing banks and other depository institutions with their most complex business and legal imperatives such as mergers and acquisitions, regulatory and enforcement matters, corporate governance, board, audit and compensation matters, raising capital, investigations, strategic planning and D & O insurance coverage and indemnification. He is well known in the financial services industry for his creativity, skill and judgment and relentless determination to achieve the objectives of his clients.
Mr. Joseph also represents other financial services clients with a focus on credit unions, e-commerce, investment bankers, money transmitters, private equity firms, public companies and venture capital firms. He often acts as lead or special counsel for bankers, fund managers and other financial services clients in connection with bank acquisitions and divestitures, equity investments in early stage and mezzanine companies, cross-border transactions, public offerings, securities and disclosure issues, as well as federal and state bank regulatory and enforcement matters involving the federal banking agencies and California Department of Financial Institutions.
A core specialty involves advising directors and officers of troubled and failed banks and defending litigation and enforcement claims brought by federal banking agencies. Some of the more prominent bank failure cases in which Mr. Joseph has been involved include:
- Settling negligence and breach of fiduciary duty claims brought by the Federal Deposit Insurance Corporation against the five most senior officers of County Bank in FDIC as Receiver for County Bank vs. Hawker, et al., (E.D. CA 2012);
- Representing the outside directors of a failed state chartered bank headquartered in California;
- Defending an officer of the failed United Commercial Bank (San Francisco) in connection with a criminal investigation by the United States Department of Justice and a lifetime banking industry ban instituted by the FDIC;
- Favorably resolving a proposed civil money penalty enforcement action proposed against an executive officer by the FDIC as receiver for a failed state chartered bank;
- Favorably resolving potential civil claims prior to institution of civil damage or enforcement actions by the Officer of Thrift Supervision and its successor, the Comptroller of the Currency;
- Representing a group of outside directors of a failed state chartered bank in a mediation before a retired Judge prior to the institution of a civil damage action by the FDIC; and
- Favorably settling bankruptcy and indemnification claims in the Chapter 11 reorganization case of In re: Capital Corp of the West, (U.S Bk. Ct., E.D.CA. – Fresno Division, 2012).
Mr. Joseph is a member of the Financial Institutions Committee of the State Bar of California’s Business Law Section (2009 – present) and currently serves as its Co-Vice Chair. He is the Chairman-elect beginning in October 2013 and previously served on the Financial Institutions Committee from 1988 to 1991. He is a member of the State Bar of California, the District of Columbia Bar, State Bar of New York and the American Bar Association.
Mr. Joseph’s past law firm experience includes:
- Partner at K & L Gates LLP (previously known as Kirkpatrick & Lockhart Nicholson Graham LLP) in the Corporate and Investment Management Group in San Francisco (2003-2006).
- Partner at Pillsbury Winthrop Shaw Pittman LLP (previously known as Pillsbury Madison & Sutro LLP) in the Corporate Securities and Financial Institutions Group in San Francisco (1990-2003).
- Associate and then Partner at Rosen Wachtell & Gilbert, P.C. in Los Angeles and San Francisco (1979-1990).
Mr. Joseph earned his Juris Doctor degree from the Washington University School of Law in St. Louis, Missouri in 1979, where he interned for F. Hodge O’Neal, the George Alexander Madill Professor of Corporate Law, and was a contributing writer of the 1979 Supplement to Professor O’Neal’s seminal work: “Squeeze-Outs” of Minority Shareholders: Expulsion or Oppression of Business Associates, Chicago: Callaghan, c1975.
Mr. Joseph has been a frequent lecturer and writer on subjects relating to banking and financial institutions, money transmission, corporate law, Dodd-Frank Act, mergers and acquisitions and venture capital. His professional interests also extend into the arts, serving as an art dealer in San Francisco for five years specializing in postmodern art and photography. He was a trustee of the American Conservatory Theater Foundation (A.C.T.) for six years and also served on its executive committee.