Team

Jason M. Frank

Jason M. Frank

Jason M. Frank is one of the founding partners of Frank Sims & Stolper, LLP.  He was previously a partner at Paul Hastings Janofsky & Walker, LLP, where he was one of the leaders of the firm’s global class action practice group.  He was also formerly a partner at a complex litigation boutique.

Mr. Frank has successfully represented both plaintiffs and defendants in complex litigation and consumer class actions since 1997.   He is also a highly successful trial lawyer, securing verdicts and settlements on behalf of his clients totaling over $250Million.

Mr. Frank’s practice primarily focuses on consumer class actions and arbitrations, and complex business litigation, including claims for fraud, false advertising, unfair competition, breach of contract, partnership disputes, legal malpractice, employment and personal injury matters.  Mr. Frank also specializes in telecommunication issues having represented major telephone companies and wireless carriers for over a decade.

One of the unique aspects of Mr. Frank’s practice is that he regularly represents both plaintiffs and Fortune 500 defendants in high-stakes litigation.  As a result, he is well known and respected by lawyers in both the plaintiffs and defense bar, and his dual practice provides him with the advantage of always knowing the other side’s playbook.

Mr. Frank is also regularly retained by clients to consult on trials and litigation strategy, and to provide “disaster mitigation” services by stepping in when cases go wrong, including shortly before trial or during the post-trial and appellate phase.

Mr. Frank received his J.D. degree from the University of Michigan in 1997, and his B.A degree from the University of Michigan in 1994.  He has been a member of the editorial board for Lexis/Nexis legal publications since 1999.  He was also a member of the Board of Governors for the Association of Business Trial Lawyer (“ABTL”), Los Angeles Chapter.

Representative matters include the following:

The Eden Memorial Park Cemetery Class Action.  Prior to forming FSS, Mr. Frank was one of the lead lawyers who successfully certified a class action of over 25,000 families against Service Corporation International (“SCI”) – the largest owner and operator of cemeteries in the United States. The case involved a Jewish cemetery in Los Angeles where employees were ordered to break burial vaults in neighboring graves in order to make new graves fit.  The case included claims for fraud and violation of various consumer protection statutes.  The case was featured on CNN.   This case was also one of the rare class actions that actually went to trial before a jury.  It settled during the fourth week of trial for $80,500,000.00.

The LA Fitness Class Actions. Mr. Frank served as lead counsel representing LA Fitness in a number of class actions across the county, including a nationwide class action in Pennsylvania.  The cases involved various challenges to LA Fitness’ membership terms and billing and cancellation practices, including claims for fraud and violation of consumer protection statutes.  The nationwide class action was named one of the 10 most significant cases of 2012 after Mr. Frank secured a favorable result on behalf of his client.  See www.classactioncountermeasures.com /the-ten-most-significant-cases-of-2012.

The Anthony Pellicano Wiretapping Litigation. Mr. Frank has served as lead counsel representing AT&T in a putative class action and 18 individual lawsuits in state and federal court concerning the wiretapping scandal perpetrated by convicted private investigator Anthony Pellicano. This high profile litigation involves Pellicano’s wealthy and famous clients, such as Tom Cruise, Chris Rock, Brad Grey, Kirk Kerkorian and Michael Ovitz. To date, Mr. Frank has successfully resolved 12 of the individual actions via dispositive motions, and secured favorable settlements in the proposed class action and 5 other individual actions.  The last remaining action is scheduled for trial in 2017.

The GE Healthcare EBT Scanner Litigation. Mr. Frank served as lead counsel representing GE Healthcare in a number of consumer actions across the country relating to claims that GE Healthcare fraudulently failed to disclose its plans to stop supporting certain medical scanning devices.  Mr. Frank obtained judgments in GE Healthcare’s favor in all of the cases, including a defense verdict after a three-month jury trial in Santa Barbara, California.

The Estate of Jonathan Spound v. SSV Properties. Mr. Frank represented the Estate of Jonathan Spound in a partnership dispute concerning a $330 Million commercial real estate development in El Segundo, California.  Mr. Frank was able to successfully prove that Jonathan Spound, prior to his death, was a partner in the development and entitled to over 30% of the profits even though there were no written contracts and his partners were denying any such agreements.   The case settled shortly before trial in favor of Mr. Frank’s client.

The Pacific Coin Payphone Litigation. Mr. Frank represented a payphone company against William E. Simon & Sons and its investors in a case involving claims for fraud, unfair competition and breach of fiduciary duty.  After a one-month jury trial, the jury unanimously ruled in favor of Mr. Frank’s client and awarded over $32.2Million in damages and $65Million in punitive damages for a total verdict of over $97.2Million.

Scott H. Sims

Scott H. Sims

Scott H. Sims is a founding partner of Frank Sims & Stolper LLP.  He represents plaintiffs and defendants in complex litigation and class actions throughout the country.  That includes matters related to fraud, breach of fiduciary duty, false advertising, breach of contract, breach of partnership, legal malpractice, employment and civil rights.

Mr. Sims received his law degree from Harvard Law School in 2004 and his undergraduate degree, summa cum laude, from Southern Methodist University in 2001.

He previously was a partner at a Newport Beach based litigation boutique and an associate at the international law firm Paul Hastings LLP.   He has regularly been named a Rising Star by Los Angeles Magazine.

Representative matters include:

Mercedes Benz Seat Heater Class Action.  Mr. Sims obtained a nationwide class action settlement against Mercedes Benz related to an alleged defect with the seat heaters in certain Mercedes Benz vehicles.  The value of the settlement is over $80 million.  The Court granted preliminary approval of the settlement.  The final approval hearing is set for March 2018.

Quorn Foods Class Action.  Mr. Sims secured a nationwide settlement of a false advertising class action against Quorn Foods, Inc. related to its failure to disclose that its products contain mold.  Under the settlement consumers can obtain a full refund and Quorn must prominently disclose that its products contain mold.

Eden Memorial Park Cemetery Class Action. Prior to forming FSS, Mr. Sims was one of the lawyers who successfully certified a class action of over 25,000 families against Service Corporation International (“SCI”) – the largest owner and operator of cemeteries in the United States. The case involved a Jewish cemetery in Los Angeles where employees were ordered to break burial vaults in neighboring graves in order to make new graves fit.  The case included claims for fraud and violation of various consumer protection statutes.  It settled during the fourth week of trial for $80,500,000.00.

Meridian Funds Ponzi Scheme Litigation.  Prior to forming FSS, Mr. Sims was one of the lawyers who litigated an aiding and abetting fraud and aiding and abetting breach of fiduciary duty case against the Commerce Bank of Washington.  Investors in the Meridian Funds brought the case alleging the Bank played a role in a $150+ million Ponzi scheme related to the Meridian Funds.   After Mr. Sims argued and defeated multiple summary judgment motions by the Bank, the parties agreed to a confidential settlement on the eve of trial.  Audit malpractice claims were also resolved on a confidential basis against Moss Adams, LLP.

Ostegren v. Los Angeles Sheriff’s Department.  Prior to forming FSS, Mr. Sims along with Seattle based Simeon Osborn of Osborn Machler, secured a $5 million settlement for the parents of John Winkler, a young man shot and killed by the Los Angeles Sheriff’s Department at his apartment building in West Hollywood, California.

Johnson v. County of Los Angeles. Prior to forming FSS, Mr. Sims represented a client in civil rights litigation related to the conditions at the Twin Towers jail in downtown Los Angeles.  After defeating the County’s summary judgment motion, Mr. Sims secured a $4 million settlement for the client on the eve of trial.

Heritage Memorial Park v. DFG Group.  Prior to forming FSS, Mr. Sims represented clients defrauded in connection with their sale of a cemetery in Boca Raton, Florida.  After a two-month jury trial, the jury awarded $2 million in compensatory damages against the buyers to Mr. Sims’ clients and another $2.1 million in punitive damages.  Legal malpractice related claims against lawyers involved in the transaction were also successfully settled on the eve of trial.

Pellicano Wiretapping Litigation. Mr. Sims represents AT&T in litigation concerning the wiretapping scandal perpetrated by convicted private investigator Anthony Pellicano. This high profile litigation involves Pellicano’s wealthy and famous clients, such as Tom Cruise, Chris Rock, Brad Grey, Kirk Kerkorian and Michael Ovitz.

Andrew D. Stolper

Andrew D. Stolper

Andrew is one of the nation’s leading white-collar criminal defense lawyers.  For over a decade, he served as a federal prosecutor based in Orange County and was assigned to some of the most challenging and complex cases within the Department of Justice.  Andrew is one of the founding partners of Frank Sims & Stolper LLP.

Prior to Frank Sims & Stolper, Andrew served as lead prosecutor in some of the most complex corporate and white-collar fraud cases brought by the United States Attorney’s Office for the Central District of California. He was the Corporate Fraud Coordinator for Orange County, California, and was handpicked by the Department of Justice to serve on the elite Enron Taskforce’s prosecution of Kenneth Lay and Jeffrey Skilling in Houston, Texas. For this work he was awarded the Attorney General’s Award for Exceptional Service – the highest honor bestowed by the Department of Justice to its prosecutors. While a federal prosecutor, Andrew was lead counsel in over 15 federal trials, a similar number of appeals, as well as hundreds of plea bargains.

In addition to Enron, Andrew served as lead prosecutor in what was, at the time, the largest corporate fraud prosecution in Orange County’s history involving the NASDAQ- listed biotech company Endocare, resulting in the conviction of that company’s chairman/CEO and its CFO; he was responsible for one of the first criminal phone hacking cases when he obtained the conviction and disbarment of the CEO of San Francisco-based Legalmatch.com; he was lead counsel responsible for the conviction of the mayor of Huntington Beach, California for fraud and corruption in connection with the conversion of apartments to condominiums; he convicted the CEO of Orange County-based Mortgage Capital Resources; he was selected as the lead prosecutor of Broadcom‘s senior executives for securities fraud; he was tasked to defend the Central District of California’s jury selection procedures from charges of ethnic bias after convicting the defendant making the challenge of RICO-murder; convicted a prominent real-estate broker for a real-estate Ponzi scheme; he convicted two executives of Orange County-based Trustin Technologies and a Panasonic supply chain executive for engaging in a bribery-kickback scheme.

Just prior to his leaving the Department, Andrew was co-leading a national investigation into Western Union for money laundering and structuring which ultimately resulted in Western Union forfeiting $586 million and reformed the way they do business.

Andrew has taught defense attorneys concerning fraud and white-collar crime through the Practicing Law Institute; was sent by the Department of Justice to  Central America to lecture on law enforcement techniques; has lectured on securities fraud enforcement at the SEC’s annual enforcement conference; addressed a national cross-section of white-collar agents at the FBI’s mortgage fraud enforcement conference held in the wake of the most recent financial crisis; and was sent to South Africa to successfully negotiate the return of fugitive charged with securities fraud. But the most gratifying praise Andrew received has been from the prosecutors and agents with whom he served.

Prior to becoming a federal prosecutor,  Andrew was a litigation associate at Irell & Manella in Los Angeles, California. While at Irell, Andrew litigated a multi-billion dollar patent dispute on behalf of a Fortune 50 technology company in addition to a docket of general civil litigation.

Since going into private practice, Andrew has been asked to represent individuals and companies in a wide array of criminal, civil, and administrative matters.  Andrew is routinely called upon to represent lawyers, members of the law-enforcement community, doctors, and corporate executives in criminal investigations and prosecutions.  Health-care providers, including national hospital networks, turn to Andrew to assist in their most complex litigation, government investigations, whistle-blower claims, and medical billing disputes.

A San Diego native, Andrew currently lives in Newport Beach, California. He holds dual bachelors degrees from the George Washington University in Washington, D.C., and a J.D.  from the University of Southern California where he graduated Order of the Coif, Phi Kappa Phi (top 5% of his class), and was a member of the Southern California Law Review.

Jesse K. Bolling

Jesse K. Bolling

Jesse K. Bolling is Counsel at Frank Sims & Stolper.  He litigates a wide range of complex business cases, including those involving lender liability, breach of contract, fraud, copyright, and trademark issues.

Some of his representative matters include:

–  Part of trial team that obtained a $256.45 million jury verdict following a seven-week trial.  The jury found Nissan Motor Acceptance Corp. guilty of fraud, awarding $121.9 million in compensatory damages and $134.55 million in punitive damages.

–  Part of trial team that obtained $3.3 million jury verdict and completely defensed a $10 million counter claim following an eight-week trial.  The jury found that client’s former business partner fraudulently breached his fiduciary duties, awarding compensatory and punitive damages.  The court also awarded clients $4.5 million in attorneys’ fees and costs.

–  Part of trial team that completely defensed negligence and breach of contract claim in lender-liability lawsuit in which the borrower sought more than $20 million in damages.  The jury also found the borrower liable for breach of contract in the amount of $4 million.

–  Represented California-based law firm with 150+ attorneys in defense of $600 million malpractice suit arising from the creation and maintenance of a family trust and estate plan.  Received dismissal ruling during voir dire based on CCP section 583.310.

– Represented basketball analytics company in defense of copyright infringement lawsuit.

– Represented music manager in litigation against international rap star for breach of contract.

– Represented County of Los Angeles in lawsuit against Southern California Gas Company in connection with the Aliso Canyon natural gas leak.

– Represented international insurance provider in defense of FCRA class action; all claims dismissed at summary judgment.

Jesse received his BA and JD from UCLA.  He spends his free time volunteering at the Public Law Center.  Jesse also previously served as the Chair of the Young Lawyers Division of the Orange County Bar Association.

Publications:

Frank Sims & Stolper is pleased to announce final approval of a nationwide class action settlement against Quorn Foods, Inc.. For more information, go to QuornFoodsSettlement.com ---- Frank Sims & Stolper is pleased to announce preliminary approval of a nationwide class action settlement against Mercedes Benz USA. For more information go to MercedesBenzSeatHeaterSettlement.com ---- Frank Sims & Stolper is pleased to announce final approval of a nationwide class action settlement against Quorn Foods, Inc.. For more information, go to QuornFoodsSettlement.com ---- Frank Sims & Stolper is pleased to announce preliminary approval of a nationwide class action settlement against Mercedes Benz USA. For more information go to MercedesBenzSeatHeaterSettlement.com ---- Frank Sims & Stolper is pleased to announce final approval of a nationwide class action settlement against Quorn Foods, Inc.. For more information, go to QuornFoodsSettlement.com ---- Frank Sims & Stolper is pleased to announce preliminary approval of a nationwide class action settlement against Mercedes Benz USA. For more information go to MercedesBenzSeatHeaterSettlement.com ---- Frank Sims & Stolper is pleased to announce final approval of a nationwide class action settlement against Quorn Foods, Inc.. For more information, go to QuornFoodsSettlement.com ---- Frank Sims & Stolper is pleased to announce preliminary approval of a nationwide class action settlement against Mercedes Benz USA. For more information go to MercedesBenzSeatHeaterSettlement.com ----