Jim focuses his practice in the areas of e-discovery, data and document management; corporate transactions; data security and privacy; and complex commercial litigation.
E-Discovery, Data and Document Management
Jim counsels clients in several areas of electronic discovery and information management. For example, Jim has helped clients develop defensible preservation, search and retrieval and data disposition protocols, and helped improve the efficacy and efficiency of their electronic search methods using statistical sampling and information retrieval science principles.
Jim assists clients in the drafting and negotiation of a variety of complex product and service agreements, with an emphasis on agreements involving information technology, data security and privacy and cloud computing.
Data Security and Privacy
Jim counsels clients on best practices when seeking to reconcile U.S. discovery duties and conflicting obligations under data protection laws of other nations in the international discovery context. Jim also assists clients in developing and implementing data breach response plans.
Jim litigates all aspects of complex litigation with an emphasis on commercial cases. His work in this area includes representation of both plaintiffs and defendants in a variety of disputes, including contract claims involving investment management and licensing issues, tort and statutory claims arising out of theft of trade secret and deceptive trade practice allegations, and trust and estate disputes. Jim’s litigation experience includes:
(2012) Circuit Court of Martin County, Florida – Prosecuted trust contest proceeding (through pretrial settlement) that included statutory trust claims and claims for tortious interference with expectancy.
(2012) U.S.D.C. FL – Defended class action (through voluntary dismissal) that included fraudulent concealment and unjust enrichment allegations.
(2011) U.S.D.C. FL – Defended class action (through pretrial settlement) that included fraudulent concealment and unjust enrichment allegations.
(2010) International Centre for Dispute Resolution – Prosecuted breach of investment management contract claim (through pre-hearing settlement) against financial institution in international arbitration proceeding.
(2010) Circuit Court of Palm Beach County, Florida (pro bono) – Prosecuted tortious interference with expectancy proceeding (through pretrial settlement).
(2009) U.S.D.C. FL – Defended commercial lease agreement dispute (through pretrial settlement) allegedly involving damages in excess of $1 million.
(2009) Circuit Court of Miami-Dade County, Florida (pro bono) – Prosecuted action to establish lost or destroyed will (through final judgment after evidentiary hearing).
(2008) U.S.D.C. FL – Obtained dismissal of class action that included fraudulent concealment and unjust enrichment allegations.
(2007) U.S.D.C. FL – Defended licensing agreement dispute (through settlement after commencement of trial) allegedly involving damages in excess of $10 million.
(2006) Circuit Court of Miami-Dade County, Florida – Defended real estate commission agreement dispute (through pretrial settlement) allegedly involving damages in excess of $1 million.
(2005) U.S.D.C. FL – Defended civil RICO action (through jury verdict) brought by Dominican liquidation commission after the collapse of the third largest bank in the Dominican Republic, and allegedly involving damages in excess of $100 million.
(2005) Circuit Court of Indian River County, Florida – Obtained dismissal of trade secret and deceptive trade practice litigation seeking over $1 billion in damages.
(2005) U.S.D.C. FL – Obtained judgment on the pleadings on claim for punitive damages asserted by a maritime worker alleging status as a Jones Act seaman.
(2004) Circuit Court of Miami-Dade County, Florida (pro bono) – Obtained special juvenile immigrant status for an abandoned minor on an emergency basis, preventing the minor’s deportation.
eDiscovery – A Practitioner’s Perspective, University of Miami Law School, Miami, Florida, November 10, 2015.
Minimizing Service Provider Privacy and Data Security Risk (Panel Member), Second Annual South Florida Privacy and Data Security Summit, University of Miami, March 31, 2015.
Healthcare Providers In Full Cyber Warfare: From Defense to Attack Strategies (Panel Member), Healthcare Information and Management Systems Society (HIMSS), South Florida Chapter, Annual Conference, Davie, Florida, November 5, 2014.
The eDiscovery Renaissance: The Law, Proportionality & Technology of Predictive Coding (Speaker), Virtual Corporate Counsel Forum Webinar, July 18, 2013.
Practicing Law in an E-World (Moderator), Dade County Bar Association, Miami, Florida, April 26, 2013.
E-Discovery Tools for Large Engagements and Many Custodians (Panel Member), American Institute of Certified Public Accountants (AICPA) National Conference, Orlando, Florida, November 12, 2012.
E-Discovery Tools for Small Engagements and Few Custodians (Panel Member), American Institute of Certified Public Accountants (AICPA) National Conference, Orlando, Florida, November 11, 2012.
Managing E-Discovery Risks Associated with Large ESI Collections (Guest Lecturer), University of Miami Law School, Miami, Florida, November 6, 2012.