Biography

Jim’s practice focuses on the representation of:

  • Business entities in commercial disputes, shareholder litigation and real estate litigation
  • Litigation involving mergers, acquisitions and other business combinations
  • Complex financial disputes
  • Probate litigation

Representative cases include:

  • Lead trial counsel in dispute between an operator and a landlord of a nursing home over ownership of “bed rights” and license. Tried case to verdict and secured judgment in favor of nursing home operator, declaring the operator to be the owner of the bed rights and license.
  • Lead trial counsel on behalf of plaintiff in dispute between two surgeons over compensation owed to client. Defended against counterclaim regarding ownership interest in ambulatory surgical center. Secured $1.3 million jury verdict in favor of client and verdict of “no cause” on counterclaims.
  • Successfully argued appeal before the United States Court of Appeals, Third Circuit, regarding electronic discovery and state anti-hacking claims. Secured reversal of District Court order.
  • Lead counsel for largest shareholder of a defense contractor in a shareholder dispute. Secured a range of injunctive relief and court ordered shareholder meeting and board of directors election that resulted in a favorable settlement for the client.
  • Served as lead counsel in a dispute involving breaches of representations and warranties contained in a stock purchase agreement. Secured $1.2 million arbitration award for the client.
  • Successfully argued appeal before the Supreme Court of New Jersey regarding elective angioplasty regulations. Supreme Court reversed the Appellate Division and required new or amended regulations.
  • Defended, as lead counsel, shareholder oppression action and breach of fiduciary duty claims involving closely held corporation. Secured favorable settlement for clients.
  • Served as lead counsel on behalf of ambulatory surgery center in dispute brought by former physician owners of ambulatory surgery center whose interests were re-purchased. Secured summary judgment dismissing all claims. Successfully defended appeal of the grant of summary judgment.
  • Lead trial counsel to beneficiaries challenging amendments to trust. After lengthy trial, secured judgment declaring amendments to trust and other inter vivos transfers the product of undue influence. Amendments to trust and other transfers declared null and void by the court.
  • Lead counsel, defending large Asian manufacturer in federal court regarding claims that it improperly terminated the distribution contract of one of its distributors. Obtained favorable settlement.
  • Lead trial counsel in will contest that was tried to verdict. Successfully defended estate and executor. Secured judgment of “no cause,” finding that the Will was not the product of undue influence.

Jim is certified as a Civil Trial Attorney by the New Jersey Supreme Court.

Before Fox Rothschild

Jim was a Certified Public Accountant in the Commonwealth of Pennsylvania. As an undergraduate, he was employed by Peat, Marwick & Mitchell (now KPMG Peat Marwick, LLP) in its Tax and Audit Departments. He was also employed by the Pennwalt Corporation (now Elf Atochem North America, Inc.)—a Fortune 500 manufacturer of chemicals, equipment, and pharmaceuticals—in its North American Internal Audit Department, performing financial and fraud audits of subsidiaries and divisions in conjunction with external auditors.

Beyond Fox Rothschild

Jim has lectured on shareholder disputes, as well as involving closely held business entities and health care regulatory matters. He is the former Board Chair of the non-profit SERV Behavioral Health System, New Jersey’s largest service provider to the developmentally disabled. He is also a former board member of the Boys and Girls Club of Trenton/Mercer County.

Client Resources

Garden State Gavel Blog

Each year, approximately seven million new cases are filed in New Jersey’s courts, and every day, our attorneys are right there helping clients navigate those suits from the moment they land at their doorstep. In this blog, Fox’s New Jersey litigation attorneys provide updates on the latest in litigation, including relevant case law, trials and new laws and regulations.

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