Biography
Jim is Co-Chair of the Firm’s Litigation Department. He has practiced in the areas of commercial, real property and employment litigation since 1985. Jim has represented business entities and individuals in a wide range of matters, including multi-million dollar contract disputes and related tort claims, construction disputes (representing construction professionals, contractors and owners), employment-related disputes (including trade secret, restrictive covenant, fiduciary duty and discrimination claims), and First Amendment matters (defamation and related claims). Jim has tried cases to conclusion before the state and federal courts of Connecticut and New York, conducted numerous mediations and arbitrations, and handled appeals to the Connecticut Appellate and Supreme Courts and the Second Circuit Court of Appeals. He has testified as an expert witness on various aspects of Connecticut law, including before the High Court of Justice, Chancery Division (London) on the subject of Connecticut law governing the construction of commercial contracts, the rights and obligations of debtors and creditors in commercial relationships, and other guaranty-related issues. Jim has also been engaged as a mediator by parties seeking to resolve civil disputes.
Professional & Community Affiliation
- Connecticut Bar Association
- Fairfield County Bar Association (Board of Directors, 2017-2021)
- Fairfield County Bar Foundation (Board of Directors, 2021-present)
- Greenwich Bar Association
- Special Master, Connecticut Superior Court
Honors & Recognition
- AV Preeminent Rating, Martindale-Hubbell® Peer Review Ratings™
- Recognized as one of The Best Lawyers in America for the practice area of Commercial Litigation, 2020-2022. See selection methodology at https://www.bestlawyers.com/Methodology
- Connecticut Super Lawyer® 2015-2022 (Business Litigation). See selection information at http://www.superlawyers.com/connecticut/selection_details.html
- Recognized in Greenwich Magazine’s Top Lawyers in Fairfield County for Commercial Litigation, 2021
- Connecticut Bar Foundation, James W. Cooper Fellow
Publications & Presentations
- Editor, American Criminal Law Review, 1984-85
Representative Litigation
Representation of NY venture collective firm in various transactional, trade secret, fiduciary duty and contract claims.
Representation of construction management company in defense of $20 million claim by State of Connecticut arising from construction of correctional facility.
Successful defense of Connecticut-based asset manager and its majority shareholder on $20 million claim for breach of contract and breach of fiduciary duty.
Successful arbitration of multi-million dollar claim for breach of contract and breach of fiduciary duty by former member of broker-dealer, arising from respondents’ refusal to liquidate member’s capital account upon his resignation from the firm.
Defense of news organizations in defamation claims.
Representation of former shareholders of insolvent management consulting firm in adversary proceedings by bankruptcy trustee, seeking to clawback payments on promissory notes.
Representation of commercial property owners in tax appeals.
Sample Reported Decisions
- COF Real Estate Investments, LLC v. Town of Windsor, 2022 WL 14439463 (Conn. Super. Oct. 19, 2022)
- Jafri v. Town of New Canaan, 2022 WL 344230 (D. Conn. 2022)
- Zuro v. Town of Darien, 2020 WL 127703 (D. Conn. 2020)
- Ladd v. Foley, 2020 WL 5607778 (Conn. Super. Aug. 24, 2020)
- SBD Kitchens, LLC v. Jefferson, 157 Conn. App. 731, cert. denied, 319 Conn. 903 (2015); 2015 WL 425156 (Conn. Super. 2015); 2013 WL 6989409 (Conn. Super. 2013); 2012 WL 4801368 (Conn. Super. 2012)
- Porter Capital Corporation v. Masters, Claim No. HC 12 T00556 (High Court of Justice, Chancery Division, London, Dec. 13, 2013) (expert witness testimony)
- Nowacki v. Town of New Canaan, 2013 WL 785355 (D. Conn. 2013)
- Weinberger v. Shaw, 2012 Conn. Super. LEXIS 3191 (Conn. Super. 2012)
- Citibank, N.A. v. Marholin, 2012 WL 1434901 (Conn. Super. 2012)
- McCoy v. Brown, 130 Conn. App. 702 (2011), 2011 WL 3506149 (Conn. Super. 2011), and 2010 WL 1233816 (Conn. Super. 2010)
- Mara v. Otto, 127 Conn. App. 404 (2011), 2009 WL 532202 (Conn. Super. 2009) and 2009 WL 3285075 (Conn. Super. 2009)
- Loeb v. Blue Star Jets, LLC, 2009 WL 4906538 (S.D.N.Y. 2009)
- Failla v. Kripki, 2008 WL 5216298 (Conn. Super. 2008)
- Harmon v. Pearson, 2007 WL 1321680 (Conn. Super. 2007)
- Gattegno v. PricewaterhouseCoopers, LLP, 204 F.R.D. 228 (D. Conn. 2001), 205 F.R.D. 70 (D. Conn. 2001)
- Bryan v. William M. Mercer, Inc., 76 F.Supp.2d 198 (D. Conn. 1999)
- Itoba Limited v. LEP Group PLC, 54 F.3d 118 (2d Cir. 1995), cert. denied, 516 U.S. 1044, 116 S. Ct. 702, 133 L. Ed. 2d 659 (1996); 32 F.Supp.2d 516 (D. Conn. 1999)
- Vanacore v. Kennedy, 86 F.Supp.2d 42 (D. Conn. 1998)
- Rogen v. Memry Corp., 886 F. Supp. 393 (S.D.N.Y. 1995)
- Tuttle v. Fahnestock & Co., Inc., 1992 WL 16945 (Conn. Super. 1992)