Wesley J Martinez
Associate
Wesley James Martinez is a trial lawyer whose practice includes representing both private and publicly traded companies in all forms of litigation, at every stage. His experience includes obtaining relief for his clients in U.S. District Court, state court, and before both JAMS and AAA in a host of arbitration matters, subject to a variety of rules. Wes’ commercial litigation practice involves issues arising from contract disputes, business torts, FLSA violations, trade secrets, navigating health care law, allegations of fraud and civil conspiracy, class actions, and appellate matters. He represents clients with commercial operations in a host of industries, such as manufacturing, hospitality, cannabis, health care, land development, and insurance. Although based in Florida, Wes routinely works with Foley’s litigation teams across the United States.
Prior to joining Foley, Wes was commissioned as a Naval Officer with the U.S. Navy, as an attorney with the U.S. Navy’s Judge Advocate General’s Corps (JAG). Wes’ practice with the U.S. Navy as a JAG was heavily focused in litigating high-stakes criminal jury trials, first as a prosecutor and subsequently as a defense attorney. During his tenure with the U.S. Navy, he was assigned as lead defense counsel for dozens of clients at all stages of complex criminal litigation throughout the Southeast Region of the United States. His experience as lead defense counsel includes successfully litigating numerous high-stakes jury trials to verdict. In addition, prior to his practice with the U.S. Navy, Wes gained experience with a California-based law firm representing both private and public sector clients in employment and general litigation matters.
Wes is a member of the Business Litigation & Dispute Resolution Practice Group.
Wes Martinez has tried a dozen jury trials to verdict and has presented his client’s commercial disputes at final hearings in as many arbitration hearings. Wes’ jury trial litigation experience includes trying nine high-stakes felony level criminal cases as defense counsel, and acquittals were returned in eight of those cases. As a part of his pro bono practice, he recently assisted the Office of the Federal Public Defender try a bankruptcy fraud case to verdict, returning an acquittal on the DOJ’s lead counts. He is currently assisting Lisa Noller, the Foley Litigation Department Chair, in preparing a publicly traded company for trial that involves allegations of aiding and abetting terrorism in relation to claims brought pursuant to ATA and JASTA — and is still managing an active complex trial docket where the amounts in controversy range between seven and nine figures for his clients.
Wes’ ease with high-stakes litigation developed while serving as a U.S. Navy JAG, often as a first-chair defense counsel for U.S. service members charged with crimes that exposed his clients to upwards of life sentences. In eight cases tried before a members panel — returning seven full acquittals — he was responsible for a variety of case aspects, including the cross examination of primary witnesses, such as fact witness (from minors to highly educated professionals), experts, and members of various law enforcement agencies (e.g., FBI, NCIS, and others). Wes was responsible for the closing arguments in six of the seven cases wherein his team returned a full acquittal by jury, and three of the cases resulting in acquittal involved audio/video interrogations of the accused which the government presented to the jury as “confessions” to their lead counts.
He has worked with experts in accident reconstruction, pathology, toxicology, forensic psychiatry, digital forensics, and DNA and litigated more than 100 motions arising under the U.S. Constitution, discovery, Daubert, juror selection, and evidence admissibility. Wes is routinely sought for the most challenging cases and commonly works with clients in advance of trial or indictment.
