Mr. Holmes' practice focuses on complex civil litigation, securities enforcement defense, and other regulatory defense. He represents clients in a broad range of fraud-based matters, including SEC and CFTC investigations, grand jury investigations and criminal and civil litigation involving allegations of financial fraud and related allegations of malfeasance. He also represents clients in proceedings before FINRA, the Department of Insurance, Department of Real Estate, and Board of Accountancy.

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An accomplished trial lawyer, a few of Mr. Holmes’ successes include a federal trial regarding securities law claims (defeating all claims of fraud against his client), an approximately $1 million decision in favor of his plaintiff client in a breach of fiduciary duty case tried in state court, an over $1 million award for his client following a securities arbitration, complete vindication of a brokerage client following a hotly-contested FINRA arbitration, a state court trial verdict for another client (the plaintiff in a breach of contract and fraud case), and a nonsuit for his client in a jury trial following the close of the plaintiffs’ case – and these are only a few of his many favorable trial results. 

 

Mr. Holmes has also successfully represented clients in California state court appellate matters, as well as before the Ninth and Tenth Circuit Courts of Appeal (in securities-related matters), and the Delaware Supreme Court (resulting in a precedent-setting decision in favor of Mr. Holmes’ client). Most recently, in a state appellate matter, Mr. Holmes overturned an erroneous post-trial judgment against his client, with instructions to the trial court to instead enter a $2.25 million judgment (plus interest) in his client's favor, which also negated a substantial "prevailing party" fee award the trial court also erroneously ordered against Mr. Holmes' client. And, in a previous separate appellate win, he obtained affirmation of a post-trial result he'd earlier obtained for another client.

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While at the SEC, Mr. Holmes led SEC investigations and injunctive/administrative actions, and since entering private practice, has defended – at the investigative and litigation stages – numerous such actions, including conducting corporate internal investigations. 

 

Mr. Holmes has also been retained as an expert witness on securities law matters. 

 

Prior to founding what became Holmes, Athey, Cowan & Mermelstein LLP, Mr. Holmes was a shareholder in a Los Angeles-based white collar criminal and civil litigation firm, and was Of Counsel to two national law firms. He also served as a Staff Attorney in the Enforcement Division of the United States Securities & Exchange Commission, and as Corporations Counsel in the Enforcement Division of the California Department of Corporations (now known as the "Department of Financial Protection and Innovation", or DFPI). While at the California Department of Corporations, Mr. Holmes was a founding member of the Internet Compliance and Enforcement ("ICE") unit, and while at the SEC, Mr. Holmes was a member of the Internet Enforcement Branch.