James’ practice focuses on complex commercial litigation matters, including banking, trust, and fiduciary litigation.

James’ practice primarily is focused on complex, high stakes, commercial litigation, including securities, fiduciary, trust, and partner litigation and arbitrations. James frequently represents financial institutions and their officers and directors in a wide variety of disputes.

James is admitted to practice in Texas and the US District Courts for the Northern, Southern, Eastern, and Western Districts of Texas; Fifth Circuit Court of Appeals; Second Circuit Court of Appeals; and the District of Columbia Court of Appeals.

Relevant Experience

  • Obtained summary judgment on behalf of insurer in a $70 million insurance coverage and bad faith lawsuit;
  • Obtained favorable result in a $10 million lawsuit between a general partner and limited partner alleging misappropriation of partnership assets and breach of fiduciary duty;
  • Multiple representations of corporations in shareholder-dissenter lawsuits and related litigation;
  • Obtained dismissal of civil forfeiture action against financial institution brought by United States;
  • Represented and obtained a favorable settlement for a bank holding company that alleged it had been defrauded in connection with its $65 million acquisition of a bank;
  • Obtained summary judgment in favor of a global financial institution accused of malicious prosecution in a  $20 million lawsuit arising out of an alleged false report of criminal conduct to federal authorities -- the judgment was affirmed on appeal;
  • Successfully represented a Texas bank in a $25 million lawsuit alleging claims for misappropriating and mismanaging trust assets;
  • Obtained judgment after a trial on behalf of a bank in a dispute over the priority of competing liens on real property -- the judgment was affirmed on appeal;
  •  Obtained a favorable settlement for minority shareholders in a bank holding company claiming breach of fiduciary duty by the chairman and majority shareholders;
  • Obtained a favorable settlement for a Texas bank in trust litigation with the trust beneficiaries relating to trust distributions and other issues;
  • Obtained a jury verdict in favor of a trust beneficiary alleging claims against trustee for trust mismanagement, misappropriation, and self-dealing;
  • Obtained an arbitration award defeating fraud and other claims by buyer against seller of a business, including recovery of seller’s attorneys’ fees and arbitration expenses;
  • Obtained an arbitration award in favor of a bank defeating $10 million lender liability claims, including recovery of the bank’s attorneys’ fees and arbitration expenses;
  • Defense of securities fraud claims against a global financial institution in connection with the purchase and sale of $35 million in auction rate securities;
  • Obtained dismissal of class action against a global financial institution arising out of allegations that it aided and abetted a $100 million Ponzi scheme;
  • Defense of a global financial institution in connection with the multidistrict, class action litigation for securities fraud and ERISA violations brought by the shareholders and employees of Enron Corp.;
  • Defense of a global financial institution in connection with the multi-district, class action WorldCom securities fraud litigation;
  • Defense of a global issuer of credit default swaps in litigation with trading counter-party;
  • Defense of international telecommunications provider in a nationwide class action arising out of internet services provisioning; and
  • Defense of financial institutions in litigation brought by shareholders, including class of shareholders, relating to going private and reorganization transactions.

James' experience includes the following cases in which written opinions were issued:

  • Expert Tool & Machine, Inc. v. Petras, 2015 WL 5093251 (Tex.App. – Dallas August 28, 2015, no pet.)
  • Defense Resources Services, LLC v. First National Bank, 2015 WL 4064781 (Tex. App. – Waco, July 2, 2015, pet. denied)
  • Hasie v. Compass Bank, 2014 WL 5422939 (Tex. App. – Amarillo, October 21, 2014, pet. denied)
  • Carlile Bancshares, Inc. v. Armstrong, 2014 WL 3891658 (Tex. App. — Fort Worth, Aug. 7, 2014, no pet.)  
  • Benson v. JPMorgan Chase Bank, N.A., 673 F.3d 1207 (9th Cir. 2012)
  • Litson-Gruenberg v. JPMorgan Chase Bank, N.A., 2009 WL 4884426 (N.D. Tex. Dec. 16, 2009)
  • Citizens Nat. Bank v. Bryce, 271 S.W.3d 347 (Tex. App. — Tyler 2008) (orig. proceeding)
  • In re Citigroup Global Markets, Inc., 258 S.W.3d 623 (Tex. 2008)
  • Stone v. Peoples Trust & Sav. Bank, 363 F.Supp.2d 1036 (S.D. Ind., 2005)
  • Eternity Global Master Fund, Ltd. v. Morgan Guaranty Trust Co. of New York, 375 F.3d 168 (2d Cir. 2005)
  • In re Enron Corp. Sec., Derivatives and “ERISA” Litig., 310 F.Supp.2d 819 (S.D. Tex. 2004)
  • Newby v. Enron Corp., 258 F.Supp.2d 576 (S.D. Tex 2003)
  • Avia Energy Dev., LLC v. Clay Tank Trucks, Inc., 2003 WL 21467067 (Tex.App. – San Antonio June 25, 2003, no pet.)
  • Newby v. Enron Corp., 235 F.2d 549 (S.D. Tex. 2002)
  • Elboar v. Tripath Imaging, Inc., 279 F.3d 314 (5th Cir. 2002)
  • Supreme Beef Processors, Inc. v. U.S.D.A., 275 F.3d 432 (5th Cir. 2001)
  • Beal Mortgage, Inc. v. F.D.I.C., 132 F.3d 85 (D.C. Cir. 1998)
  • Pasant v. Jackson Nat. Life Ins. Co., 1995 WL 241772 (5th Cir. Apr. 26, 1995)
  • C.C. Port, Ltd. v. Davis - Penn Mortgage Co., 61 F.3d 288 (5th Cir. 1995)
  • Daboub v. ZZ Top, 42 F.3d 285 (5th Cir. 1995)

Memberships

  • Member, American Bar Association
  • Member, Texas Bar Association
  • Member, Dallas Bar Association
  • Member, Federal Bar Association
  • Member, Texas Association of Defense Counsel

Insights

  • Events

    • Electronic Discovery: Current State of the Law, Advanced Discovery and Civil Law Course, 2004