James Melendres co-chairs the Investigations, Government Enforcement and White Collar Protection practice and 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.
Conducted internal investigation for university regarding Department of Justice “Varsity Blues” college admissions prosecution
Conducted internal investigation and defended company in parallel investigations by Inter-American Development Bank and Department of Justice Foreign Corrupt Practices Act Unit
Conducted internal investigation for professional sports organization regarding alleged violations of league rules
Conducted internal investigation and defended company in parallel investigation by California Attorney General’s Office and multiple City Attorney’s Offices regarding False Claims Act allegations
Conducted internal investigation for company regarding civil and criminal False Claims Act allegations
Conducted internal investigation for private company regarding billing practices
Defended company in investigation by Securities and Exchange Commission regarding fraud allegations
Represented public company in prosecution by U.S. Attorney's Office for the Southern District of New York regarding indictment charging individuals with fraud and kickback scheme
Represented public company in prosecution by U.S. Attorney's Office for the Middle District of Florida regarding indictment charging individual with obstruction of justice and material support for terrorism
Represented non-profit organization in prosecution by Department of Justice Fraud Section regarding indictment charging individuals with fraud, money laundering, and false statements
Represented venture capital firm in investigation by Securities and Exchange Commission regarding material misstatement allegations
Representing company in investigation by U.S. Attorney’s Office for Northern District of Florida regarding indictment charging individuals with health care fraud, wire fraud, and money laundering
Representing company in investigation by U.S. Attorney’s Office for Northern District of Illinois regarding money laundering allegations
Represented company in investigation by U.S. Attorney’s Office for Southern District of Illinois regarding Lacey Act allegations
Represented company in investigation by Arizona Attorney General’s Office regarding identity theft allegations
Defending individual in prosecution by U.S. Attorney’s Office for District of Arizona regarding wire fraud charges
Defending individual in investigation by U.S. Attorney’s Office for District of Arizona regarding health care fraud allegations
Defended individual in investigation by U.S. Attorney’s Office for District of Arizona regarding federal program bribery and honest service fraud allegations
Defended individual in parallel investigations by U.S. Attorney’s Office for District of Missouri and Securities and Exchange regarding fraud allegations
Defended individual in prosecution by U.S. Attorney’s Office for District of Arizona regarding mortgage fraud and bank fraud charges
Conducted internal investigation and defending company in investigation by U.S. Attorney's Office for the District of Utah regarding criminal worksite enforcement allegations
Defended company in prosecution by U.S. Attorney's Office for the District of Colorado for unlawful work activity on federal lands
Defending charter school company board members in audit conducted by Fiscal Crisis & Management Assistance Team
Defending individual in investigation by Securities and Exchange Commission regarding insider trading allegations
Representing physician in investigation by U.S. Attorney’s Office for Central District of California and Department of Justice Civil Fraud Section regarding False Claim Act and anti-kickback allegations
Defended brokers in parallel investigations by the New York State Attorney General and the SEC concerning mutual fund late trading and market timing
Advise companies regarding design and implementation of global anti-bribery compliance programs
Counseled companies in multiple industries regarding best practices for implementing policies to respond to government subpoenas and requests for information
Advise public and private companies in multiple industries respond to cyber-attacks, data breaches, Business Email Compromises, and ransomware attacks in the United States, European Union, and other foreign jurisdictions and provides related legal guidance regarding compliance with data breach notification requirements, regulatory engagement, and private litigation
Representing mortgage company in data breach impacting borrowers in all 50 states
Represented private investment company in data breach impacting customers in multiple states
Represented multinational public company in cyber-attack investigation involving multiple jurisdiction globally
Represented public company in cyber-attack investigation
Represented life sciences company in Business Email Compromise cyber-attack investigation
Represented public company in Business Email Compromise cyber-attack investigation
Represented multinational hospitality company in Business Email Compromise cyber-attack resulting in fraudulent transfer of funds
Represented mining company in Business Email Compromise cyber-attack resulting in fraudulent transfer of millions of dollars to banks in more than twenty jurisdictions around the world
Represented life sciences company in data breach impacting customers in all 50 states
Representing civic organization in data breach impacting customer in 26 states
Represented public company in data breach investigation
Represented company in data security investigation involving HIPAA notification
Represented companies in multiple industries in responding to cyber incidents involving ransomware and cyber extortion attacks resulting in exposure of sensitive information
Counseled companies in multiple industries on cybersecurity risk management and cyber incident response planning
Advise companies regarding design and implementation of global data privacy compliance programs related to EU General Data Protection Regulation and other international privacy laws
Counseled companies in multiple industries on international data transfer issues, including EU – U.S. Privacy Shield and Swiss-U.S. Privacy Shield compliance
Stanford Law School (J.D.)
Dartmouth College (A.B., cum laude, with high honors)
Lex Mundi Global Cyberbreach Rapid Reaction Force
Stanford Law School Phoenix Regional Chapter, Co-Chair (2016-present)
Arizona Supreme Court Task Force on Court Management of Digital Evidence, Member (2016 – 2018)
"Handling Cyber Threats: Ransomware," Co-Author, Orange County Business Journal (August 28, 2017)
Speaking Engagements
“Cybersecurity Legal Update,” Co-Presenter, Association of Corporate Counsel, Arizona Chapter (August 15, 2023)
“Internal Investigations: Overview & Current Developments,” Presenter, Snell & Wilmer Virtual CLE Series (June 6, 2023)
"Selected Cybersecurity Issues for Attorneys," Presenter, Arizona Society of Healthcare Attorneys (February 8, 2022)
"Government Enforcement and COVID-19," Co-Presenter, Snell & Wilmer Virtual CLE Series (June 8, 2021)
“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)
Top 100 Lawyers in Arizona, AzBusiness Magazine (2024)
American Bar Foundation, Fellow
National Law Journal's General Litigation Trailblazer (2023)
The Best Lawyers in America®, Criminal Defense: White Collar (2019-2024)
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)
Arizona
California
New York
Supreme Court of Arizona
Supreme Court of California
Supreme Court of New York
United States Court of Appeals, Ninth Circuit
United States District Court, Central District of California
United States District Court, District of Arizona
United States District Court, District of Colorado
United States District Court, Southern District of California
United States District Court, Western District of North Carolina