Biography
Richard Nelson specializes in IP and fraud enforcement, with a focus on complex commercial litigation and internal investigations. Mr. Nelson has extensive jury trial experience in federal and state courts, having tried 32 cases to jury verdict. He has represented corporate clients in governmental investigations and individuals charged with white collar crimes. He has handled both litigation and arbitration involving contract disputes, claims of fraud, and unfair business practices.
A particular focus of Mr. Nelson’s practice is working with corporations to assist them in internal investigations to determine evidence of fraud and other crimes committed against those corporations, and then working with law enforcement and prosecutors to obtain investigations and prosecutions of entities committing the crimes, through sentencing and restitution. His work in this area was profiled in the Corporate Crime Reporter, October 1, 2007.
Mr. Nelson served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the District of Columbia from 1994 to 1999. In that role, Mr. Nelson was responsible for representing the United States in a wide range of criminal matters in both the local and federal court systems of the District of Columbia. He conducted grand jury investigations and prosecuted matters involving homicide, bribery, mail fraud, government contracts fraud, theft, and narcotics distribution. Mr. Nelson has significant trial experience in both the U.S. District Court for the District of Columbia and the Superior Court of the District of Columbia, and has argued and briefed numerous appeals before the D.C. Court of Appeals and the U.S. Court of Appeals for the D.C. Circuit. While serving as an Assistant U.S. Attorney, Mr. Nelson received Special Achievement Awards from the Department of Justice.
Experience
Anti-Counterfeit Enforcement
- Lead counsel In Lanham Act case brought on behalf of Cisco Systems, Inc. alleging defendant (an unauthorized reseller) sold counterfeit products. Resolved successfully. (United States v. Dexon Computers, Case No. 3:20-cv-4926; ND California).
- Lead counsel In Lanham Act case brought on behalf of Cisco Systems, Inc. alleging defendant (an unauthorized reseller) sold counterfeit products. Resolved successfully. (United States v. Beccela’s Etc., LLC, Case No. 3:18-cv-477; ND California).
- Represented company clients In addressing claims of counterfeit trafficking with numerous unauthorized sellers, avoiding need for filed litigation.
- Made successful criminal referrals of criminal counterfeit trafficking In numerous states (Including California, Texas, Virginia, New Hampshire, and Missouri) and Canada, leading to the conviction of dozens of Individuals and Imposition of significant Incarceration and restitution payments.
Sales and Discount Fraud
- Represented a leading manufacturer of computer hardware in promoting criminal discount fraud matters with law enforcement involving significant fraud schemes targeting sales discount programs; silver plattered discount fraud cases to law enforcement in various jurisdictions and obtained cooperation and federal investigations
- Lead counsel in fraud action brought on behalf of Hewlett Packard Enterprise Company against unauthorized reseller, alleging fraudulent conduct in connection with obtaining discounts. (Hewlett Packard Enterprise Co. v. TelQuest International, et al., D.N. J)
- Made successful criminal referrals on behalf of corporate victims of Wire Fraud cases to federal Investigation and prosecution In various states, Including California, Texas, and New Jersey.
Warranty Fraud
- Represented company client In successful referral of a criminal matter to authorities In UAE, Involving employee of a customer committing millions of dollars In fraudulent warranty claims. Target was arrested, pled guilty, and was sentenced to Incarceration.
- Representing company clients in promoting Brand Protection and warranty fraud cases with law enforcement, which has entailed working with the FBI, ICE, and other law enforcement agencies and federal prosecutors in more than twenty states, U.K., and Canada.
General Fraud
- Represented a family trust in investigating a multimillion-dollar fraud committed against it by an individual in Hawaii, prepared a white paper detailing the evidence, and secured a criminal prosecution of the perpetrator of the fraud and a parallel civil settlement restoring the defrauded money to the client.
Channel Sales Compliance
- Represented a family trust in investigating a multimillion-dollar fraud committed against it by an individual in Hawaii, prepared a white paper detailing the evidence, and secured a criminal prosecution of the perpetrator of the fraud and a parallel civil settlement restoring the defrauded money to the client.
Business Crimes Defense Representations
- Represented a doctor accused of trafficking in controlled substances based on prescriptions provided through an Internet medical service, securing a deferred prosecution agreement with no prison time and a small fine.
- Represented an individual accused of insider trading in an SEC investigation, obtaining non-prosecution following a Wells submission.
- Represented a high-ranking executive in a DRAM antitrust investigation in the Northern District of California, eventually securing a favorable plea agreement with the government.
Civil Litigation Representations
- Represented an individual in an insider trading investigation by the Securities and Exchange Commission and persuaded the SEC to refrain from bringing a civil action
- Represented a general contractor against a hospital for misrepresentations about the presence of asbestos at the work site, obtaining a consent decree and an award of attorneys’ fees and costs.
- Represented Borders Books & Music in a civil antitrust action brought by an association of independent booksellers, obtaining a favorable settlement following partial grant of summary judgment and after four days of trial.
- Lead counsel for First American Title Company in a civil antitrust action involving title information, obtaining summary judgment in favor of the client, and successfully defended that judgment in an appeal to the Ninth Circuit.
- Represented a franchisee against its franchisor in a state court action alleging breach of contract and trademark infringements, resulting in a favorable settlement for the client following eight days of trial in Los Angeles
- Represented a bidder on a government contract in a qui tam action, obtaining major restitution from the company that fraudulently procured the contract.
Professional Involvement
Richard Nelson was the national co-chair of the Computer Crime, Intellectual Property and Trade Secrets Subcommittee of the American Bar Association’s White Collar Crime Committee, 2007-2015.
Mr. Nelson has been the program co-chair for four ABA National Institutes on Criminal Enforcement of Intellectual Property Rights (D.C., 2007 and 2009; San Francisco, 2008 and 2010).
Mr. Nelson has been a member of the IPR Enforcement Subcommittee to the Departmental Advisory Committee on Commercial Operations of the Bureau of Customs and Border Protection, from 2008-2010.
Prior to joining Sideman & Bancroft, Mr. Nelson was a partner with Sidley Austin Brown & Wood LLP, and before that a litigation partner with IP boutique Skjerven Morrill LLP in San Francisco.
Following graduation from law school, Mr. Nelson served as a law clerk to Judge Kenneth Ripple of the United States Court of Appeals for the Seventh Circuit.
Listed in the World Trademark Review’s List of The World’s Leading Trademark Professionals 2022-2025
Publications and Public Speeches
- Participated as a panelist at the 16thAnnual International Law Enforcement IP Crime Conference (September 2023 in Oslo, Norway)
- Moderated panel entitled “Use Of technology To Fight IP Crime” at the 13thAnnual International Law Enforcement IP Crime Conference (September 2019 in Cape Town, South Africa)
- Moderated panel entitled “Overlap of the Gray Market with Counterfeits: Working Together to Address the Problem” at the 9thAnnual International Law Enforcement IP Crime Conference (September 2015 in Buenos Aires, Argentina)
- Co-wrote article “Confronting the Gray Market in Korea and the U.S.” in Today’s General Counsel (October 3, 2016)
- Co-wrote article “Brand Owners Need to Be Reliable Victims” for the National Law Journal (February 9, 2015)
- Panelist on ABA Roundtable Discussion on “What Law Firms Expect From New Lawyers” (March 2013)
Education
- Santa Clara University B.A. 1982, cum laude
- Georgetown University Law Center J.D. 1989, magna cum laude; Order of the Coif; Articles Editor, Georgetown Law Journal
Admissions
- California
Awards
