Jim is a partner in the Global Commercial Disputes Group and is the co-lead of the Retail and Consumer Goods practice. He focuses his practice on defending companies in commercial class actions, shareholder-related litigation, and complex tax disputes. Since joining the firm in 2005, Jim has handled the defense of shareholder derivative lawsuits and class actions in all contexts, including in the retail, real estate, energy, pharmaceutical, banking, insurance, consumer finance, investment management, and securities industries. Jim has also developed a practice advising and defending clients throughout the United States on accessibility issues relating to Title III of the Americans with Disabilities Act and state law-based accessibility requirements.
Experience
Representative matters
Representative matters
Defeated class certification for one of the world's largest banks in putative class action alleging that the defendants charged improper fees, including attorneys' fees, while servicing loans and in foreclosure actions.
Successfully defended Fifth Third Bank in a putative class action where named plaintiffs alleged violations of the Real Estate Settlement Procedures Act and brought claims for unjust enrichment in relation to reinsurance arrangements that Fifth Third Mortgage Insurance Reinsurance Company entered into with mortgage insurers.
Successfully defended and favorably resolved class action litigation challenging First National Bank of Pennsylvania’s overdraft fee and order of posting of debit transactions.
Defeated class certification for one of the world's largest banks in putative class action alleging that the defendants charged improper fees, including attorneys' fees, while servicing loans and in foreclosure actions.
Successfully defended Fifth Third Bank in a putative class action where named plaintiffs alleged violations of the Real Estate Settlement Procedures Act and brought claims for unjust enrichment in relation to reinsurance arrangements that Fifth Third Mortgage Insurance Reinsurance Company entered into with mortgage insurers.
Successfully defended and favorably resolved class action litigation challenging First National Bank of Pennsylvania’s overdraft fee and order of posting of debit transactions.
Successfully defended federal savings bank in putative class action challenging its overdraft fee and order of posting of debit transactions; case voluntarily dismissed in response to motion to dismiss.
Acted as counsel for bank client, defeating class certification in putative FCRA class action claiming inadequate disclosures relating to requests for prequalification.
Defended multiple putative class actions asserting claims under the Electronic Funds Transfer Act against banks concerning the adequacy of ATM surcharge notices.
Obtained dismissal of significant commercial lender liability case against community bank client.
Successfully defended a bank in a putative class action pending in federal court in Florida seeking recovery of more than $100 million for alleged violations of the Drivers Privacy Protection Act.
Acted as litigation counsel representing the Special Committee of the Board of Caesars Entertainment Corporation in connection with the $2.2 billion sale of four casinos to a related party, the bankruptcy of its subsidiary CEOC and an examiner's investigation.
Represented one of the country's largest mutual fund advisers in multiple derivative suits in federal court in Pennsylvania challenging allegedly excessive advisory fees under the Investment Company Act.
Counseled AB SKF in shareholder litigation in Michigan seeking to enjoin its $1.25 billion tender offer for Kaydon Corporation; settled for supplemental disclosures and no additional deal consideration.
Counseled FNB Corporation in shareholder litigation in Ohio seeking to enjoin its proposed $106 million acquisition of PVF Capital; three state court lawsuits voluntarily dismissed in response to motions to dismiss, and federal action dismissed by court. 2013 WL 4804302 (N.D. Ohio 2013).
Counseled FNB Corporation in shareholder litigation in Maryland seeking to enjoin its $51 million acquisition of Annapolis Bancorp; settled for supplemental disclosures and no additional deal consideration.
Acted as co-counsel for Tollgrade Communications and its board of directors in connection with litigation arising from proposed merger agreement claiming inadequate disclosure and an inadequate price.
Counseled more than 100 different banks, retailers, insurers, content providers, academic institutions, pharmaceutical and medical device companies, and museums defending Americans with Disabilities Act claims challenging the accessibility of websites and mobile applications.
Successfully defended and resolved Americans with Disabilities Act claims brought against more than 25 bank and credit union clients challenging the accessibility of ATMs .
Successfully resolved and currently defending multiple banks and real estate companies in putative Americans with Disabilities Act class actions alleging that parking areas were inaccessible to individuals with disabilities.
Successfully defended against and resolved several putative class actions alleging Americans with Disabilities Act claims against national retailers relating to the accessibility of point of sale devices.
Counseled the Virginia Chamber of Commerce and a number of other trade groups in relation to a high profile matter pending before the Virginia Supreme Court regarding the Virginia Public Private Transportation Act.
Recognitions
- Selected for inclusion on the Pennsylvania Super Lawyers Rising Stars list for Class Action, 2012-2019
Credentials
Education
Education
- University of Notre Dame, 2002, B.B.A., Finance and Anthropology, cum laude; Dean’s Honor List; Member, Lambda Alpha Honor Society for Anthropology
- University of Pittsburgh School of Law, 2005, J.D., cum laude; Order of the Coif; CALI Award for Excellence in Foundations of Legal Research, Trial Advocacy and Intellectual Property Law; Murray S. Love Trial Moot Court Award, Associate Editor and Executive Editor, Pittsburgh Tax Review; Finalist, Gourley Trial Court Competition
Professional admissions & qualifications
Professional admissions & qualifications
- Pennsylvania
Court admissions
Court admissions
- U.S. District Court - Western District of Pennsylvania
- State Supreme Court - Pennsylvania
- U.S. Court of Appeals - Third Circuit