Whitman Breed Abbott & Morgan LLC

Full-Service Law Firm Based in Greenwich, CT

Biography

Jim is Co-Chair of the Firm’s Litigation Department. He has practiced in the areas of commercial, real estate 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), and employment-related disputes (including trade secret, restrictive covenant, fiduciary duty and discrimination 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 and Community Affiliations

  • Connecticut Bar Association
  • Fairfield County Bar Association
  • Greenwich Bar Association
  • Connecticut Superior Court, Special Master
  • Lawyers for Children of America, Volunteer Attorney

Publications/Presentations

  • Editor, American Criminal Law Review, 1984-85

Honors and Recognition

Representative Litigation

Representation of large 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 claims 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.

Successful arbitration of claims on behalf of former owners of list management company for balances due on notes in connection with sale of business, and defense of counterclaims asserting misrepresentations and breaches in connection with asset purchase agreement.

Representation of former shareholders of insolvent management consulting firm in adversary proceedings by bankruptcy trustee, seeking to clawback payments on promissory notes.

Representation of national bank in defense of lender liability claims.

Sample Reported Decisions:

  • 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)
  • 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)