John "Jay" R. Schleppenbach

Previous Professional Experience

• Partner, National Law Firm (2024-2026)
• Counsel, International Law Firm (2019-2024)
• Counsel, International Law Firm (2017-2019)

Representative Matters

Complex Litigation

• Defend a technology company in multi-district litigation involving thousands of claims consolidated for pre-trial discovery.
• Represent one of the world’s largest telecommunications companies in litigation and a multi-week civil trial involving theft of trade secrets, among other claims.
• Defend more than three hundred securities litigation offerors in matters consolidated for pre-trial discovery and motion practice.

Internal Investigations

• Advise a special committee of a public company conducting an internal investigation of allegations of bribery and internal control failures.
• Represent the CFO of a public company in an internal investigation of internal controls issues.
• Conduct internal investigations for public company on potential books and records and internal controls violations in Russia and China.

Government Investigations

• Advise the chief technology officer of a public company on an investigation by the EPA and DOJ of compliance with environmental regulations.
• Represent the chair of the board of a public company in an SEC and DOJ investigation.
• Assist the audit committee of a public company with an SEC investigation and internal investigation.
• Defend a corporation and its principals in a criminal antitrust investigation being conducted by DOJ Antitrust Division and FBI.
• Represent a software company in a public corruption investigation being conducted by the United States Attorney’s Office and FBI.
• Advise a government contractor on a public corruption investigation being conducted by the U.S. Attorney’s Office, FBI and Inspector General.
• Represent the former controller of a publicly traded company in SEC and Special Litigation Committee investigations relating to revenue recognition issues and earnings restatement.
• Advise an insurance company responding to multiple state attorney general subpoenas regarding a third-party’s privacy practices.

Publications

Law Review Articles

• “Winning the Battle but Losing the War: Towards a More Consistent Approach to Prevailing Party Fee Shifting in the Contractual Context,” 12 Florida A&M University Law Review 185 (2017)

Book Chapters

• “Corporate ‘Tag’ Jurisdiction Remains in Flux After Supreme Court’s Certiorari Denial,” The State of Criminal Justice, Co-Author (July 2024)
• “New Liability Risks for Corporate Executives: DOJ Begins Requiring CEOs and CCOs to Provide Compliance Certifications Under Penalty of Prosecution,” The State of Criminal Justice, Co-Author (July 2023)
• “New Chinese Anti-Bribery Guideline Calls for Blacklisting and Expulsion of Foreign Companies That Pay Bribes in China,” The State of Criminal Justice, Co-Author (July 2022)
• “The Department of Justice’s New Enforcement ‘High Priority’: Trade and Customs Fraud,” The State of Criminal Justice, Co-Author (July 2019)

Professional Journal Articles

• “Online Safety under the Microscope for Government Enforcement and Civil Litigation,” IADC Corporate Compliance & Government Enforcement Actions Committee Newsletter, Author (Oct. 22, 2026)
• “Just Give Me a Sign: Courts Hold Posted Notices of Agreement to Arbitrate Can Be Binding,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Aug. 2026), at 1
• “Illinois Appellate Court Holds Fair Debt Collection Practices Act Claim Does Not Fall Within Scope of Arbitration Agreement,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (May 2026), at 4
• “Health Care Fraud, Public Corruption in Focus in First Six Months of U.S. Attorney’s Service in Northern District of Illinois,” Criminal Justice, Author (April 2026), at 1
• “Department of Justice’s New Trade Fraud Task Force Emphasizes Criminal Enforcement, Corporate Cooperation, and Individual Accountability,” IADC Corporate Compliance & Government Enforcement Actions Committee Newsletter, Author (April 28, 2026)
• “Federal District Courts Hold 9 U.S.C. § 402 Blocks Arbitration of Entire Cases Containing Sexual Harassment Disputes, Not Just Individual Sexual Harassment Claims,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (March 2026), at 4
• “Defending Criminal Customs and Trade Fraud Charges, the Department of Justice’s New White Collar Priority,” The Champion, Author (Feb. 2026), at 48
• “Second Circuit Refuses to Compel Arbitration Under NFL Constitution, Which ‘Provides for Arbitration in Name Only’” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Feb. 2026), at 1
• “Supreme Court Rejects ‘Minimum Contacts’ Requirement to Enforce Arbitration Awards Against Foreign States,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Nov, 2025), at 1
• “Recent Prosecutions, Announcements Show Trump DOJ’s Focus on Curbing Health Care Fraud,” Health Care Lawyer, Author (Oct. 2025), at 10
• “Ninth Circuit Provides Guidance on What Constitutes Assent to an Arbitration Clause in the Digital Context,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Aug. 2025), at 1
• “Recent False Claims Act Cases Show Trump Administration’s Continued Focus on International Customs and Trade Fraud,” Federal Civil Practice, Author (July 2025), at 7
• “Eight Years After Its Passage, The Defend Trade Secrets Act Has Created Opportunities for Trade-Secrets-Based RICO Litigation, But Not Without Their Costs,” Criminal Justice, Author (Summer 2025), at 8
• “Supply Chain Audits Need Fresh Look as DOJ Focuses on Trade Fraud,” Bloomberg Law, Co-Author (May 19, 2025)
• “With Summer Travel Season Approaching, Attorneys Should Take Precautions To Protect the Attorney-Client Privilege,” ABA Criminal Justice Section Newsletter, Author (May 2025)
• “Do You Want to Know a Secret? Key Variations in State Grand Jury Secrecy Rules and What They Mean for Criminal Defendants,” Criminal Justice, Co-Author (Spring 2025), at 26
• “Third Circuit Embraces De Novo Review of Demand Futility Dismissals, Overruling Prior Precent and Joining Delaware Supreme Court and Other Circuits,” Business & Securities Law Forum, Author (Feb. 2025), at 4
• “Singapore International Arbitration Center Amends Rules to Enhance Emergency Arbitrator Procedure, Third-Party Funding Provisions,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Feb. 2025), at 4
• “Trump Likely to Prioritize Trade, Customs Fraud Enforcement,” Law360, Co-Author (Jan. 29, 2025)
• “CFPB Permanently Bans Company from Arbitrating Consumer Financial Disputes,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Jan. 2025), at 6
• “Recent CEO Shooting Tragedy a Reminder for Corporate Risk Assessment and Incident Response Plans,” Corporate Counsel, Co-Author (Dec. 11, 2024)
• “2025 Forecast: Trump’s Top Target for Secrets Theft,” World IP Review, Co-Author (Dec. 9, 2024)
• “Civil RICO: A Trade Secrets Super Weapon,” World IP Review, Co-Author (Nov. 11, 2024)
• “Jordan Chiles Olympics Controversy Highlights Arbitral Issues,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Nov. 2024), at 1
• “IBA Updates Guidelines on Conflicts of Interest in International Arbitration,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Sept. 2024), at 5
• “States Split on Arbitrability of Wrongful Death Claims,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (July 2024), at 4
• “Supreme Court Holds SOX Whistleblowers Need Not Show Retaliatory Intent,” Business & Securities Law Forum, Author (May 2024), at 1
• “Artificial Intelligence: Key Legal Issues for Businesses,” Business & Securities Law Forum, Co-Author (May 2024), at 1
• “American Arbitration Association Issues Amended Mass Arbitration Rules,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (April 2024), at 1
• “Rule 42 Special Prosecutors: A Separation of Powers Frankenstein That is Part Judicial and Part Executive Yet All Vulnerable to Challenge,” The Champion, Co-Author (March/April 2024), at 44
• “Ban on Non-Competes Fails in New York, But Federal Threat Looms,” Business & Securities Law Forum, Co-Author (Feb. 2024), at 1
• “Eleventh Circuit Rejects Challenge to Arbitral Award Based on Arbitrators’ Failure to Disclose Potential Conflicts,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Feb. 2024), at 3
• “Confidentiality of Communications With Unlicensed Attorneys,” Bloomberg Law, Co-Author (Nov. 20, 2023)
• “United States Supreme Court Holds District Courts Must Stay Proceedings While Interlocutory Appeals on Arbitrability Are Pending,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Nov. 2023), at 6
• “Attorney-Client Privilege May Attach to Communications with Unlicensed Attorneys,” Bloomberg News Insight, Co-Author (Oct. 26, 2023)
• “Practice Tip: ‘Tag’ Jurisdiction Remains in Flux After Supreme Court’s Certiorari Denial,” ABA Criminal Justice Section Newsletter, Co-Author (Fall 2023), at 4
• “Ninth Circuit Provides Guidance on ‘Reasonably Conspicuous Notice’ of Website Arbitration Agreement,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Aug. 2023), at 1
• “Claws Out: SEC Adopts Rules Requiring Listed Companies to Clawback Erroneous Compensation,” Business & Securities Law Forum, Author (May 2023), at 1
• “Practice Tip: Key Considerations for Corporate Compensation Arrangements in Light of DOJ Criminal Division Pilot Program Incentivizing Clawbacks,” ABA Criminal Justice Section Newsletter, Co-Author (Spring 2023), at 4
• “Proving An Arbitration Agreement Unconscionable: Difficult, But Not Impossible,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (March 2023), at 1
• “Crypto Actors Face Increased Enforcement Spurred by DOJ Network,” Bloomberg Law, Co-Author (Jan. 24, 2023)
• “U.S. Supreme Court to Decide When Attorney-Client Communications That Contain ‘Hybrid’ Legal and Business Advice Are Protected by the Attorney-Client Privilege,” Pratt’s Privacy & Cybersecurity Law Report, Vol. 9, No. 2, Co-Author (Feb.–March 2023)
• “American Arbitration Association Amends Commercial Arbitration Rules,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Jan. 2023), at 1
• “Supreme Court Limits Federal Courts’ Ability to Order Discovery for International Arbitrations,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Oct. 2022), at 1
• “Practice Tip: Beware Individual Criminal Liability for CEOs and CCOs as DOJ Begins Requiring Compliance Certifications,” ABA CJS White Collar Crime Committee Newsletter, Co-Author (Summer–Fall 2022)
• “When Silence is Not So Golden: Public Statements Clauses and Interference with a Defendant’s Right to Present a Vigorous Defense,” The Champion, Co-Author (June 2022), at 26
• “Seventh Circuit Rejects Award Interpretation Allowing Party to Delay Payment Indefinitely,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (July 2022), at 1
• “Practice Tip: For Privilege to Attach to Dual-Purpose Messages, the ‘Primary Purpose’ of the Attorney Communications Must be Legal (Rather than Business) in Nature,” ABA Criminal Justice Section Newsletter, Co-Author (Spring 2022), at 7
• “More Bite than Just Bark: Model Rule 4.2’s No-Contact Rule Can Effectively Be Used to Limit the Government From Contacting Current Employees Who Fall Within the Scope of the Corporate Representation,” The Champion, Co-Author (March 2022), at 16
• “Congress Passes Legislation Restricting Arbitration of Sexual Assault and Harassment Claims,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (March 2022), at 1
• “Supreme Court Set to Weigh in on Prejudice Requirement for Waiver of Arbitration Rights,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Jan. 2022), at 5
• “Department of Justice Previews Potential Changes to Corporate Enforcement Policies,” Business & Securities Law Forum, Author (Dec. 2021), at 1
• “CFTC Files First Complaint Alleging Manipulative Scheme Involving Digital Assets,” Business & Securities Law Forum, Author (Oct. 2021), at 1
• “Bankruptcy Court Lifts Automatic Stay to Permit Arbitration of Non-Core Claims,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Oct. 2021), at 6
• “Supreme Court Grants Certiorari on Whether Federal Courts Should Employ ‘Look Through’ Approach to Deciding Subject Matter Jurisdiction over Petitions to Confirm or Vacate Arbitration Awards,” Commercial Banking, Collections, and Bankruptcy, Author (Sept. 2021), at 5
• “International Bar Association Releases Revised Version of Widely-Used Rules on the Taking of Evidence,” The Globe: The Newsletter of the ISBA’s Section on International & Immigration Law, Author (May 2021), at 5
• “Supreme Court Denies Certiorari in Case Exempting Amazon Delivery Drivers from Federal Arbitration Act,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (March 2021), at 6
• “SEC 2020 Annual Report Highlights Enforcement Priorities & Trends,” Business & Securities Law Forum, Author (March 2021), at 1
• “Tenth Circuit Provides Guidance on Determining Personal Jurisdiction to Enforce International Arbitration Awards,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Jan. 2021), at 6
• “White House & Congress Signal Potential for Increased Criminal Enforcement of Slave Labor & Trade Law Violations,” The National Law Journal, Co-Author (Oct. 29, 2020)
• “Supreme Court to Hear Argument on Arbitrability Issues in Henry Schein Matter,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Oct. 2020), at 3
• “The Collision of the Speedy Trial Clock with the Coronavirus’s Slowdown Realities: Justice in the Time of COVID-19,” Criminal Justice, Co-Author (Fall 2020), at 49
• “Joint Defense Agreements: An Ounce of Prevention Can be Worth a Pound of Cure, Especially When Careful Planning Avoids Conflicts of Interests,” The Champion, Co-Author (Sept.–Oct. 2020)
• “Supreme Court Holds SEC Has Disgorgement Authority, Within Certain Limits,” Business & Securities Law Forum, Author (Oct. 2020), at 1
• “Supreme Court Unanimously Upholds Enforcement of International Arbitration Agreements By or Against Nonsignatories,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Aug. 2020), at 7
• “COVID-19 Sparks Renewed Interest in Online Dispute Resolution,” Commercial Banking, Collections & Bankruptcy, Author (May 2020), at 1
• “Tenth Circuit Affirms SEC Sanctions on Investment Advisor for Conflicts of Interest,” Business & Securities Law Forum, Author (Jan. 2020), at 1
• “Northern District of Illinois Casts Doubt on Validity of Disclosure-Only Settlements in M&A Suits,” Business & Securities Law Forum, Author (Oct. 2019), at 1
• “Ninth Circuit Overrules 35-Year Old Decision Barring Arbitration of ERISA Disputes,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Oct. 2019), at 3
• “Southern District of New York Holds FAA Preempts State Law Prohibiting Arbitration of Sexual Harassment Claims,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Aug. 2019), at 3
• “Supreme Court Holds Class Arbitration Cannot be Ordered Absent an Express Agreement,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (July 2019), at 9
• “New Jersey Legislature Passes Legislation Barring Mandatory Arbitration of Discrimination Claims,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (April 2019), at 4
• “First Circuit Declines to Order Arbitration Due to Lack of Evidence Blind Plaintiffs Were Aware of Arbitration Clause,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (April 2019), at 8
• “Second Circuit Affirms Denial of Insider Trader’s Habeas Petition,” Business & Securities Law Forum, Author (March 2019), at 7
• “Attorneys Traveling with Privileged Materials Take Note: Eleventh Circuit OKs Border Searches of Devices Without Reasonable Suspicion,” Bloomberg Law White Collar Crime Report, Co-Author (June 20, 2018), at 1
• “Eleventh Circuit Rejects Waiver Claim and Allows Motion to Compel Arbitration After Nearly Ten Years of Litigation,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (June 2018), at 1
• “Department of Justice & Congress Signal Possibility of Increased Foreign Agents Registration Act Enforcement in 2018 and Beyond,” Bloomberg Law White Collar Crime Report, Co-Author (March 30, 2018), at 1
• “More Guidance Please: United States Customs & Border Protection Issues New 2018 Directive Providing Greater Protection for Attorney-Client Privileged Materials During U.S. Border Crossings,” Bloomberg Law White Collar Crime Report, Co-Author (March 18, 2018), at 1
• “Hunting Season Begins: Department of Justice Warns of Coming Criminal Enforcement Actions Against Companies with Agreements Not to Poach Competitors’ Employees,” Bloomberg Law White Collar Crime Report, Co-Author (Feb. 16, 2018), at 1
• “To Be or Not to Be: Supreme Court Grants Certiorari To Decide Whether Crime Victims Are Entitled to Internal Investigative Costs Under Federal Mandatory Restitution Statute,” Bloomberg Law White Collar Crime Report, Co-Author (Jan. 19, 2018), at 1
• “The Law Says You ‘Know’ What You Keep: Clinging on to ‘Ancient’ Corporate Records Can Give Rise to Corporate Criminal Liability,” Bloomberg Law White Collar Crime Report, Co-Author (Dec. 19, 2017), at 1
• “DOJ Inserts Certainty Into the FCPA Prosecutorial Process By Issuing a Revised FCPA Corporate Enforcement Policy,” Bloomberg Law White Collar Crime Report, Co-Author (Dec. 8, 2017), at 1
• “Don’t Just Wing It: First-of-Its-Kind Ethics Opinion Gives Critical Guidance for All Attorneys Crossing Border with Client Information,” Bloomberg Law White Collar Crime Report, Co-Author (Nov. 24, 2017), at 1
• “State Employees’ Statements During Internal Investigations May Be Admissible in Criminal Proceedings, Even Though Compelled Under Threat of Job Loss, If Self-Incrimination Rights Later Waived,” The Public Servant, Author (May 2017), at 5
• “The New Face of White Collar Enforcement: President Trump Signs Executive Orders Directing the Department of Justice to Make Trade and Customs Fraud Enforcement a ‘High Priority,’” Bloomberg Law White Collar Crime Report, Co-Author (May 12, 2017), at 1
• “Supreme Court to Consider Legality of Arbitration Agreements Containing Class Action Waivers Under NLRA,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (April 2017), at 1
• “Adding Meat to the Bone: The Department of Justice Issues New ‘Meatier’ Guidance on Corporate Compliance Programs,” Bloomberg Law White Collar Crime Report, Co-Author (March 31, 2017), at 1
• “Tenth Circuit Declines to Compel Arbitration Due to Conflicts in Arbitration Agreements,” In The Alternative: The Newsletter of the ISBA’s Section on Alternative Dispute Resolution, Author (Jan. 2017), at 1