Javan Porter

Javan Porter is an attorney in Holland & Knight's Dallas office, where his practice encompasses complex commercial litigation, with a particular emphasis on government enforcement actions, white collar criminal defense and securities enforcement cases. Mr. Porter regularly advises both companies and individuals in navigating internal investigations and responding to inquiries from government agencies. He has substantial trial experience in both federal and state courts, having tried multiple cases to verdict. In addition, Mr. Porter has represented clients in commercial arbitrations.

In addition, Mr. Porter has substantial knowledge and experience in electronic discovery (e-discovery) practices, from preparing for anticipated e-discovery to the managed review and ultimate production of electronically stored information (ESI). Mr. Porter's e-discovery experience is not only in civil litigation but also with the government through subpoenas, civil investigative demands (CIDs) and warrants. Mr. Porter has guided numerous companies through their responses to the government's request for testimony and document production.

Representative Experience

• Advise individuals and entities in active U.S. Securities and Exchange Commission (SEC), U.S. Department of Justice (DOJ), and other governmental investigations and enforcement actions, including responding to voluntary requests and subpoenas for documents, providing interviews and sworn testimony, negotiating settled resolutions and litigating claims

Specific Experience

• Advised a healthcare technology company in connection with a U.S. Securities and Exchange Commission (SEC) investigation concerning the accuracy and completeness of public disclosures regarding the capabilities of a key product line; the SEC ultimately declined to pursue any enforcement action, resulting in a favorable outcome for the client
• Secured multiple favorable outcomes for clients in DOJ investigations concerning Paycheck Protection Program (PPP) loans; represented clients in both criminal and civil inquiries, including successfully negotiating the resolution of two matters in which initial criminal investigations were converted to civil settlements, thereby avoiding criminal liability; additionally, achieved closure of several civil investigations without any requirement for repayment of PPP loan proceeds
• Achieved the dismissal of a pending indictment in an embezzlement case just weeks before trial, following a comprehensive presentation to the DOJ
• Counsel for a U.S. investor against the Mexican government in the first United States-Mexico-Canada Agreement (USMCA) merits arbitration; handled portions of the opening argument and took the direct examination of a fact witness and two expert witnesses on Mexican law
• Handled every aspect of a jury trial, from voir dire to closing; jury rendered a take nothing verdict in client's favor and awarded more than the statutory limits on its counterclaims, as well as the full amount of attorney's fees
• Lead trial counsel for a plaintiff in a Dallas County, Texas, bench trial involving claims that a deed to the defendant had been forged; judge issued a ruling from the bench finding the deed was forged
• Counsel for former chief financial officer (CFO) of a publicly traded (Nasdaq) company in connection with a U.S. Securities and Exchange Commission (SEC) investigation into company accounting disclosures; the SEC declined to proceed with an enforcement action
• Represented a Fortune 300 company officer in a federal action alleging conspiracy and fraud charges; all charges against client were dismissed
• Obtained a summary judgment in a case with more than 6,500 denied healthcare claims totaling millions of dollars on the basis that the claimant did not comply with certain conditions precedent in the contract regarding pre-suit notice and appeal procedures
• Obtained a declination on behalf of a government contractor in a Paycheck Protection Program (PPP) loan investigation by making multiple presentations to the civil and criminal sections of the U.S. Department of Justice (DOJ)
• Obtained a favorable settlement in Texas for a mineral company with regard to a failed title examination
• Counsel on multiple internal investigations involving oil and gas, insurance and healthcare companies