Financial Services Industry Litigation
Retained as senior counsel by national insurance companies, mutual funds and banks, Jim represents industry groups in general complex commercial litigation matters. In addition to his trial and appellate practice, he represents clients before the Securities and Exchange Commission, the Department of Labor, the Internal Revenue Service and state regulatory agencies. Jim lectures widely on corporate, securities and employee benefits litigation and is the author of numerous publications on class actions and trial practice.
Jim has substantial experience representing life insurers and reinsurers as lead counsel in reinsurance disputes, including representation in contested arbitrations on behalf of both cedents and reinsurers. He is an ARIAS-certified arbitrator. Jim also represents his insurance company clients in state and federal regulatory hearings and multistate market conduct examinations.
- Served as lead defense counsel in a nationwide class action involving allegations of misrepresentation in the marketing of annuity products. The case expanded to cover other sales policies and practices becoming one of the largest class actions against a life insurer. Jim obtained a defense verdict after a three-week jury trial.
- Lead defense counsel in six of the most significant federal court of appeals and state supreme court victories involving class actions in the life insurance industry.
- In a suit alleging policy rate discrimination against more than 1.4 million putative class members, Jim defeated class certification in both the district court and the Fourth Circuit Court of Appeals.
- Served as lead defense counsel in more than a dozen multidistrict litigation proceedings involving the sale of annuities.
- As lead counsel for an insurer during a six-week jury trial involving a complex joint venture contract, Jim obtained a defense verdict and a counterclaim award for his client in excess of $70 million.
- Recently represented a group of independent marketing organizations in a lawsuit challenging the Department of Labor’s “fiduciary” definition and standards under ERISA.
Jim is an avid runner and regularly participates in half-marathons (at a “reasonable” pace) and the “Bay to Breakers” in San Francisco. Jim served in the U.S. Army, First Aviation Brigade, Vietnam.