Jim enforces contracts for business plaintiffs and defendants, and fights doggedly for clients’ legal rights and commercial interests.
A former educator and author, Jim has built expertise in civil procedure, the handling of evidence, and lucid storytelling on behalf of businesses. Whether defending a class action, navigating a bankruptcy, or pursuing a derelict IP licensee, he maintains focus on the case-management skills that contain costs, looking to prevail at the right moment with overwhelming force using resources proportional to the prize. Jim represents international conglomerates, startups, regional utilities, transportation and logistics firms, buyers and sellers of businesses, and (on a pro bono basis) Cleveland senior citizens — all of them confronting unbusinesslike, unreasonable behavior creating problems that Benesch can solve.
Representative Experience
- On behalf of sports-management company IMG, won complete defense verdict as principal draftsman and third chair in month-long jury trial. Ended eighteen-year litigation over claim of fiduciary breach by family of a professional athlete.
- Successfully defended Learfield IMG College in federal litigation brought by college football celebrity, who asserted a challenge to college-athletics amateurism at The Ohio State University and nationwide.
- Through aggressive pre-litigation work and mediation, obtained a $23 million settlement for a leading marketing agency in contract dispute with international brand over Far East licensing revenues.
- Favorably resolved a variety of commercial disputes on behalf of the Cleveland Cavaliers; on behalf of a fast-growing scrap-metal company; on behalf of a software interface designer; and on behalf of a health-products distributor confronting business misconduct in the face of the pandemic.
- Achieved highly favorable settlements by bringing suit in Delaware Superior Court against an Australian fitness franchisor and an international provider of industrial gases.
- Represented the Miss Universe pageant in a variety of disputes, including contract claims against a Czech jewelry conglomerate and a British provider of anti-covid products.
- Successfully represented company co-owners, including state legislator, in governance fights against unreasonable family members in two large closely-held Ohio companies.
- In dispute against overseas government, successfully used the Foreign Sovereign Immunity Act to establish basis for venue in New York City and recover a sizable cash settlement for an international events agency.
- Using overseas service of process, successfully sued on behalf of NFL player to recover against insolvent European software company, and on behalf of the PGA against a Korean streaming service.
- Defended Fortune 500 company through final arbitration award in eight-figure contract dispute, litigating details of major Superfund project involving hundreds of millions of dollars of remediation work.
- On behalf of national events management company, asserted antitrust counterclaims in breach-of-contract arbitration against an international trade association. Highly favorable settlement enabled client’s continued long-term ownership and operation of business unit.
- Prevailed on behalf of defendant in two appeals before the Sixth Circuit in Swiss breach-of-contract action arising from construction projects in Iraq, and secured judgment tagging plaintiff as a vexatious litigator.
- Won Sixth Circuit appeal over seven-figure attorney’s fee claim, after helping power-plant operator prevail in contract dispute over key commodity supply.
- Through full arbitration, secured total defense judgment on discrimination claims brought by terminated employee against top executive leading a division of an international enterprise.
- Successfully represented a major national brand in three-week arbitration over misuse of trademark license related to brownfield real-estate development.
- Obtained $18.4 million settlement for Fortune 500 company in a complex breach of contract and fraud dispute with a telecommunications company.
- Successfully defended a nationwide mortgage servicer in putative class action filed in bankruptcy court, debunking class theories and resolving matter on an individual basis.
- Achieved highly favorable settlement for Fortune 500 company from alleged trade-secret thieves who had founded new product line based on years’ worth of client’s market research, after filing offensive motions for summary judgment in favor of plaintiff at close of discovery.
- Achieved favorable settlement on behalf of large manufacturing company in dispute alleging multiple hazardous construction defects in specialized refinement facility important to national security.
