Billy Joe McLain is a former federal prosecutor and experienced first-chair trial lawyer whose practice is focused on trials, civil litigation, white-collar defense, and internal investigations. Mr. McLain represents companies and individuals as the plaintiff, the defendant, and during government investigations in a wide range of matters involving mass torts, oil and gas, the False Claims Act, the federal Computer Fraud and Abuse Act, artificial intelligence, and federal criminal fraud and securities statutes.
Mr. McLain spent nearly a decade in the U.S. Attorney’s Offices for the Central and Southern Districts of California, where he prosecuted some of those districts’ most complex matters and served as the associate U.S. attorney and member of the senior leadership team in the Central District, the largest U.S. Attorney’s Office in the country.
As an assistant U.S. attorney for the Central and Southern Districts of California, Mr. McLain successfully prosecuted 10 felony jury trials to verdict and led some of those districts’ most complex prosecutions, ranging from fraud schemes to federal murders. His last two trials at the U.S. Attorney’s Office resulted in the conviction of a doctor involved in one of the largest hospital bribery schemes in California history and a gangster who murdered a civilian in front of his home. Mr. McLain was also a member of the trial team that successfully prosecuted the largest foreign-national campaign-finance-fraud case in the history of the Southern District of California.
While serving as the associate U.S. attorney, Mr. McLain implemented Department of Justice priorities across the Central District of California, managed attorneys working on those priorities and legal issues arising from them, and collaborated extensively with Department of Justice and Department of Homeland Security leadership. He also served as the capital case coordinator, where he supervised the Central District’s capital case evaluation process.
Prior to serving as a federal prosecutor, Mr. McLain was an associate at Hueston Hennigan and Irell & Manella, where he represented plaintiffs and defendants in a range of complex commercial, securities, and tort cases in state and federal courts and represented executives during DOJ and SEC investigations.
During law school, Mr. McLain served as associate editor of the Texas Law Review.
Mr. McLain is an avid skier, who sometimes crashes spectacularly.
Experience
Representing Amazon in its claims against Perplexity under the federal Computer Fraud and Abuse Act, and its California analogue. Obtained preliminary injunction against Perplexity. (See “Amazon wins order blocking access for Perplexity’s AI shopping ‘agent,’” Reuters).
Representing Southern California Edison in litigation arising out of the 2017 Thomas Fire.
Representing a multinational energy corporation in an oil and gas royalty dispute.
Representing an organization in a DOJ investigation involving the False Claims Act.
Representing an individual in DOJ and SEC investigations involving securities fraud and wire fraud.
Managed defense teams for SEC and DOJ investigations regarding allegations of improper securities valuation, disclosure violations, and fraud.
Represented an executive during successful compensation negotiations with the board of directors for a biosciences company.
Obtained dismissal of criminal eavesdropping charges after successfully litigating First Amendment statutory overbreadth issues before the Illinois Supreme Court.
Secured termination of an SEC investigation of a high-level PIMCO officer relating to allegations of misleading investors about the performance of a fund and alleged failure to accurately value certain fund securities.
DOJ Experience
Served as co-lead prosecutor of several of the final defendants in a decade-long prosecution of one of the largest hospital bribery schemes in California history. Co-lead prosecutor in a seven-day jury trial, where the jury convicted a surgeon on all counts. (United States v. Payne)
Prosecuted a real estate developer for political bribe conspiracy, which resulted in a 60-month sentence. (United States v. Wright)
Served as lead prosecutor of defendants involved in the gang murder of a former federal agent’s son and a subsequent firefight in a Gardena neighborhood. One defendant was convicted following a five-day VICAR murder trial; two other defendants entered plea agreements. (United States v. Hernandez, et al.)
Served as lead prosecutor in a $16 million embezzlement from a public school district. Coordinated with a team of agents and prosecutors to seize millions of dollars in embezzled assets and funds. Resolved the case from complaint to sentencing within 10 months. (United States v. Contreras)
Spearheaded, with former appeals chief, nationally impactful litigation regarding methamphetamine stereochemistry and categorical overbreadth challenges, ultimately proving—following an evidentiary hearing where three expert chemists testified—that California state methamphetamine convictions qualify for federal sentencing enhancements. (United States v. Gamboa). Handled trial-level litigation on this issue across the Central District of California.
Co-managed a multi-agency team in a criminal fraud and civil False Claims Act investigation involving government contractors, which resulted in over $30 million settlement.
Recognitions
- Prosecutor of the Year, Homeland Security Investigations (Los Angeles) (2024)
- FBI Director’s Certificate (2024)