Jesse Linebaugh is a partner in Faegre Baker Daniels' Des Moines office and co-chair of the Firm-Wide Securities and Financial Services Litigation Practice Group.  Jesse specializes in financial services litigation, non-compete litigation, and corporate internal investigations.

Jesse represents insurance companies, banks and broker-dealers in litigation and regulatory inquiries throughout the United States. He has handled matters before state courts, federal district courts and the 8th Circuit Court of Appeals, as well as personally handling arbitrations pending in more than 20 different states. Jesse has also handled regulatory investigations before the SEC, the FBI, FINRA, state attorney generals' offices, and state security and insurance divisions.

Jesse's Recent Litigation Experience

Creating case law and rulings helping to establish that banks do not owe a special duty as a matter of law:       

• Brian Recker and Shantell Leeney vs. Wells Fargo Bank, N.A., United States District Court for the Southern District of Iowa; No. 4:09-cv-00411 — Obtaining a complete dismissal through a Motion for Summary Judgment.
• Mitec Partners, LLC vs. U.S. Bank National Association, Eighth Circuit Court of Appeals; No. 09-1076 — Affirming a complete dismissal through a motion for summary judgment.

Trying financial services matters that have resulted in complete defense verdicts for his clients:

• Union County, Iowa vs. Piper Jaffray & Co., Inc.; Case No. 4:06-cv-00374 — After participating with a trial team in defending Piper Jaffray against $8 million plus damage allegations during a two-week trial, the judge and jury determined the Plaintiff should receive nothing.
• Carl A. Oehl and Fern M. Oehl vs. New York Life Insurance Company and Annuity Corporation, et al.; No. LACV022534 — Obtaining a complete dismissal through a Motion for Summary Judgment.
• Stephen Routh, et al. vs. ING Financial Partners, Inc.; Case No. 07-02704 — After a week-long arbitration, the arbitration panel dismissed all claims against ING Financial Partners, Inc.
• Harold Black, et al. vs. American Express Financial Advisors, Inc.; Case No. 04-8369 — After a week-long arbitration, the arbitration panel dismissed all claims against American Express Financial Advisors, Inc.

Trying other complex business litigation matters that have resulted in successful outcomes for his clients:

• Defending a national amusement park company against $30 million plus damage allegations, culminating in a two-week trial in Los Angeles, California., State Court. After a half-day deliberation, the jury returned a complete defense verdict.
• Representing an international owner of herbicide registrations with the United States Environmental Protection Agency against a misappropriation of its intellectual rights, resulting in a successful resolution for his client.
• Representing an international manufacturer of high-end shopping bags in a temporary injunction action involving a covenant not to compete as well as related breach of contract claims, resulting in a successful resolution for his client.
• Representing an Iowa manufacturer of electric cars in a replevin action, culminating in a evidentiary hearing in Webster City, Iowa. The judge returned a verdict for his client.

Representing multiple clients in regulatory investigations and internal investigations:

• Representing a national broker-dealer after it was discovered that one of its executives secretly created a Ponzi scheme and, in so doing, stole $1.5 million from the broker-dealer's clients. Handled all aspects of the matter, including (1) conducting the internal investigation, (2) handling the multiple regulatory investigations by the SEC, FINRA and other state agencies, and (3) defending against all the related civil litigation.
• Representing multiple clients before FINRA and the SEC inquiries, including defending multiple On The Record in-person interviews before FINRA.
• Representing an individual in a trial before the Iowa Securities and Regulated Industries Bureau.
• Representing a Fortune 500 financial services company by conducting an internal investigation with regard to an inquiry by the New York State Attorney General.
• Representing a Fortune 200 oil and gas company and conducting an internal investigation with regard to allegations of SEC violations.

Jesse's Recent Efforts Assisting Pro Bono and Indigent Clients

Jesse is committed to dedicating time to pro bono work and representing indigent individuals. His experience includes:

• Representing a group of veterinarians in Des Moines in an effort to ensure that Iowans have more than one option for emergency and specialty care for their sick or injured pets.
• Every year representing multiple indigent individuals, up to and through trial if necessary, where matters are usually obtained by working closely with the Polk County Volunteer Attorneys Program and formerly with the Dallas, Texas, Volunteer Attorneys Program.
• Organized and led a team of attorneys to assist Iowans affected by the catastrophic flooding in Spring 2008.
• Appleseed - Access To Justice, Access To Education, Access To Opportunity. Traveled to Baton Rouge, La., in June 2006 and assisted in conducting an internal investigation regarding the status and needs of Hurricane Katrina evacuees and assisted in drafting a report regarding the same. See A Continuing Storm: The On-Going Needs of Hurricane Katrina Evacuees.

Professional Associations

Civic Activities

• Latino Resources, Inc. — General Counsel and Board of Directors
• Polk County Bar Association — Board of Directors
• Raccoon Valley Little League — President
• Duncanville Parks & Recreation — Advisory Board (Past Appointment by Duncanville, Texas, City Council)

Presentations

• Maintaining Privilege And Bolstering Your Defense While Conducting An Investigation
  5th Annual Corporate Counsel Forum of the University of Iowa College of Law (2011)
• Joint Defense Agreement With Separately Represented Employees
  Iowa State Bar Association Trade Regulation Seminar (2011)
• Joint Defense Agreements With Separately Represented Employees
  Presentation to Wells Fargo In-house Attorneys (2011)
• Rule 30(b)(6) And The Nuts And Bolts Of Deposing Corporate Representatives
  4th Annual Corporate Counsel Forum of the University of Iowa College of Law (2010)
• When Big Brother Comes Calling:  Regulatory Inquiries And The Resulting Internal Investigations And Parallel Litigation
  Iowa Association of Corporate Counsel (2010)

Legal Updates