James is a business litigator who advocates for and advises clients in complex commercial matters. He represents clients in federal and state courts, arbitral tribunals, regulatory investigations, and administrative agency proceedings.
He has handled every facet of litigation, from case development and strategy to pleadings, critical motions and all phases of discovery. His experience includes dozens of fact and expert depositions, witness preparation, trials and appeals.
Recently, James first chaired a weeklong arbitration in which he delivered the opening statement, examined nine witnesses on direct and cross examination, both fact and expert, and argued all evidentiary issues. The arbitrator awarded Benesch’s client 100% of its actual damages, as well as attorneys’ fees and costs, while fully rejecting the other side’s counterclaims.
James has represented business entities and nonprofit organizations of all sizes across a wide array of industries and disciplines. While his practice is industry agnostic, he has extensive experience in sports and entertainment matters, and complex insurance disputes. In his sports and entertainment practice, he has handled matters involving the NBA, professional golf, NASCAR, major college football, professional bull riding and minor league baseball. In his insurance recovery practice, he has represented policyholders seeking coverage under D&O, CGL, EPL, PLL, cyber, recall, life and health policies, collectively recovering tens of millions of dollars on behalf of Benesch’s clients.
In addition to his trial practice, James has served as primary author or substantially contributed to briefs filed in the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, the Supreme Courts of Ohio, New Hampshire and West Virginia, and the District of Columbia Court of Appeals.
Some of his recent representative experience within the last 12 months includes:
- Representing a professional sports league in a high-stakes dispute against a celebrity-owned media company regarding the licensing of media rights. He was a key member of the trial team for a multi-day bench trial spanning several weeks, during which the Benesch team demonstrated that the defendant filed its bankruptcy in bad faith.
- Representing a global leader in sports marketing in multi-jurisdictional litigation against an iconic sports figure’s company relating to the handshake deal that established the modern sports marketing industry.
- Represented a multinational advanced manufacturer in a directors & officers (D&O) insurance coverage action seeking tens of millions of dollars in damages relating to a complex trade secrets dispute. James was part of the trial team during a two-week proceeding in San Francisco, California, during which he examined both fact and expert witnesses on direct and cross examination. The arbitration panel awarded Benesch’s client 100% of its damages. A federal court confirmed the award in a 44-page opinion, rendering a complete victory for Benesch’s client.
In his pro bono practice, James has had the honor of representing numerous nonprofit organizations, public officials, civic institutions and ordinary families in cases critical to shaping important public policies, including domestic violence prevention, redressing public corruption, and securing health insurance coverage for individuals with special needs.
Representative Experience
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Part of team that successfully defended a college sports marketing company in a federal class action brought by a college football celebrity, who asserted a challenge to college-athletics amateurism.
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Part of team that represented telehealth company in various cases, including class actions, involving false-advertising and related consumer protection issues.
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Part of team that successfully defended an energy company in a state class action lawsuit brought by local residents.
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Successfully sought to compel arbitration in federal court against several non-signatories to an arbitration agreement on behalf of Benesch’s client.
- Represented a major public electric utility in an action against a large municipal electric utility alleging state constitutional violations, including in the Supreme Court of Ohio.
- Defending a pharmaceutical distributor in MDL 2804, National Prescription Opiate Litigation, which has been hailed as the largest and most complex litigation in U.S. history.
- Successfully defended a dental services organization in a False Claims Act case pending in the U.S. District Court for the Southern District of Ohio. Won dismissal with prejudice at the motion to dismiss stage.
- Representing a publicly traded real estate investment trust in an environmental insurance coverage action pending in the U.S. District Court for the Northern District of Ohio. Successfully cross-examined opposing expert and delivered closing argument at Daubert hearing.
- Represented one of the largest steel companies in North America in an amicus curiae capacity in support of stabilizing the Irishtown Bend hillside on the Cuyahoga River, one of Northeast Ohio’s most significant public-private alliances in recent memory.
- Part of the team that won summary judgment for an industry leading energy company in a trade secret misappropriation case seeking hundreds of millions of dollars in damages.
- Represented a United States Senator in an amicus curiae capacity in the Supreme Court of the United States.
