OVERVIEW
As a co-founder of the firm, James has led Hausfeld's Data Breach/Privacy and Consumer Protection practice groups since the firm's inception and courts have personally appointed him to leadership positions in dozens of successful class actions. He has diverse practice centering on cybersecurity and privacy law, but also handles cases involving consumer protection, antitrust law (with an emphasis in agriculture), and sports and entertainment law. James' practice also includes domestic and international environmental and public health litigation.
Clients
James has pursued justice on behalf of his clients, both domestically and abroad, in a wide variety of practice areas and on behalf of notable clients. Aside from representing consumers suffering from privacy violations and consumer fraud, his clients have included musicians (e.g., Chuck D. of Public Enemy) and professional athletes (e.g., Jim Brown). He has successfully resolved the claims of numerous farmers and landowners in Barbados who suffered reduced crop yields and property damages as a result of a massive jet fuel spill. James has also represented farmers and other entities seeking damages related to unauthorized releases of genetically modified crops. Domestically, he has represented municipalities and individuals suffering harm related to lead paint and other toxic products.
James’ distinctive approach to litigation has resulted in recoveries of billions of dollars for his clients and class members.
EDUCATION
George Washington University Law School, J.D., with honors, 2001
University of Tennessee-Knoxville, B.A., summa cum laude, 1998
BAR ADMISSIONS
District of Columbia
The Supreme Court of the United States
United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Sixth Court
United States Court of Appeals for the Ninth Court
Several Federal District Courts
AFFILIATIONS
ABA Antitrust Law Section's Consumer Protection Committee, Vice Chair (2022-present)
ABA Antitrust Law Section's Competition Torts Committee, Vice Chair (2020-2022)
ABA Antitrust Section’s Food & Agriculture Committee, Co-Chair (2017)
ABA Antitrust Section’s Food & Agriculture Committee, Vice Chair (2014-2016)
ABA Antitrust Section’s Trade, Sports, Professional Associations Committee, Vice Chair (2012- 2013)
George Washington University Law School, Adjunct Professor, Environmental and Toxic Torts (2009)
George Washington University Law School, Visiting Associate Professor of Clinical Law, Vaccine Injury Clinic (2007)
Sedona Conference Data Security and Privacy Liability (Working Group 11) Steering Committee, Appointed Member (2020-2023)
WHAT OTHERS SAY
Chambers and Partners
- Band 2, Privacy and Data Security: Litigation, 2024
- Band 3, Privacy and Data Security: Litigation since 2021
- Global Guide: Privacy & Data Security: Litigation - USA in 2023 and 2024
- Hausfeld ranked as band 1 in Privacy and Data Security Litigation (nationwide) (the only Plaintiffs' firm in the country to receive a Band 1 ranking)
Financial Times
- Shortlisted Hausfeld for the "Innovative Lawyers in Cyber Security and Data Protection" Award
Law360
Lawdragon
- 500 Leading Environmental & Energy Lawyer in 2021
- The Green 500: Leaders in Environmental Law in 2021
- 500 Leading Plaintiff Consumer Lawyers since 2019
- 500 Leading Litigators in America in 2022
National Law Journal
- Elite Trial Lawyers, Hausfeld wins Privacy/Data Breach category in 2024
- Class Action/Mass Tort Trailblazer in 2023
- Washington, D.C. Trailblazer in 2020
- Cybersecurity Trailblazer in 2017
Super Lawyers
- Super Lawyer, Consumer Law in Washington, DC since 2016
Who's Who Legal
- Global Leader, Competition: Plaintiff in 2020 & 2023
- International Who's Who of Competition Lawyers & Economists by the Global Competition Review and Who's Who Legal in 2014.
Other
- DC Local Litigation Star from 2013-2015 and Antitrust Litigation Star in 2012 by Benchmark Litigation.
- One of just four Rising Stars under 40, Consumer Protection and Privacy Law in 2012 by Law360.
- James is regularly asked to appear as a speaker at conferences around the country and has presented on topics including antitrust, consumer protection, toxic torts, and public interest litigation.
- Legal 500 - Firms To Watch: Cyber law (including data privacy and data protection)
PUBLICATIONS
Publications:
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- "Ninth Circuit Finds Standing for Consumer Plaintiffs with Small Injuries," Consumer Protection Committee of the ABA Antitrust Law Section (Marh 22, 2023), Author
- "Proving Damages in Consumer Class Actions,” Newsletter of the ABA Section of Antitrust Law's Consumer Protection Committee (Vol. 22, No. 1, March 2016), Author
- "Contaminated Crops," American Association for Justice (AAJ) Trial Magazine (Vol. 52, No. 8, Aug. 2016), Co-Author
- "From the gold mine to the courtroom — Toxic tort, silicosis and the largest class-action lawsuit in South African history," Westlaw Journal, Toxic Torts (Vol. 30, Issue 8, May 30, 2012), Co-Author
- "Liberalizing Rule 27 in the Twombly/Iqbal Era," Law 360 (Nov. 11, 2009), Author
- "Utilizing Novel Technologies to Sustain Trespass and Battery as Toxic Torts," The Environmental Litigator (Spring 2008), Author
- "Agency Rule-Making Power and the Clean Air Act: Putting the Brakes on American Trucking," Spring 2001 Term: Whitman v. American Trucking Associations, Inc., 7 Environmental Law 729 (June 2001), Author
- "Increased Risk, Fear of Disease and Medical Monitoring – Are Novel Damage Claims Enough to Overcome Causation Difficulties in Toxic Torts?" 7 Environmental Law 183 (Sept. 2000), Author
Press:
EVENTS
- "Current Issues in Data Breach Class Actions," Mass Torts Made Perfect Seminar (Oct. 2020), Panelist
- "Why Consumer Protection," ABA Antitrust Law Section (July 2020), Panelist
- "Class Actions - Data Breach," Mass Torts Made Perfect (June 2020), Panelist
- "Quantifying Violations Under US Privacy Laws," Sedona Conference Working Group 11 (June 2020), Panelist
- "Law and Order In the Court," American Agricultural Law Association Education Symposium: Agricultural Antitrust Developments (March 2020), Panelist
- "International Class Actions," Mass Torts Made Perfect Seminar (Oct. 2019), Panelist
- "Hot Issues in Class Actions: Attorney-Client Privilege and More," NETDILIGENCE® Cyber Risk Summit (Oct. 2019)
- "Law and Order: How to Minimize Legal Risk and Litigate," Reducetarian Summit (Sept. 2019)
- "The California Consumer Privacy Act (CCPA): Defining and measuring statutory damages under U.S. privacy laws," Sedona Working Group 11 Midyear Meeting (Sept. 2019)
- "Why Consumer Protection? A Panel on Careers in Consumer Protection," ABA Sal Consumer Protection Committee Telephonic Program (June 2019)
- "Class Action Certifications," NETDILIGENCE® Cyber Risk Summit (June 2019)
- "Know Your Legal Rights and Responsibilities," Plant Based World Expo (June 2019)
- "Settlement Considerations Involving Recent Changes to Rules 23 and Local Rules Management of the Claims Administration Process," Class Action Roundtable (April 2019)
- "Drafting a Reasonable Security Test," Sedona Working Group 11 Midyear Meeting (Sept. 2018)
- "An Ethical Journey Through E-Discovery," American Bar Association Antitrust Law 2018 Spring Meeting (April 2018)
- "Ethics and Pitfalls to Avoid in Class Action Litigation," Class Action Roundtable (April 2018)
- "Litigating Multistate Class Actions," Cambridge - Plaintiffs' Class Action Forum (May 2017)
- "Managing Class Action Cases," Cambridge - Plaintiffs' Class Action Forum (April 2016)
- "Agricultural Antitrust: Cases and Issues," American Agricultural Law Association (AALA) Annual Symposium (Oct. 2016)
- "The Capper Volstead Act - Recent Lessons from the Trenches," American Bar Association Antitrust Section's Agriculture and Food Committee (Dec. 2016)
- "Transshipping and Neonics - Prospects for Litigation on Behalf of Honey Producers," North American Beekeeping Conference (Jan. 2014)
- "Non-Traditional Approaches to Class Certification," Cambridge - Plaintiffs' Class Action Forum (April 2014)
- "Class Action Settlements," Cambridge - Plaintiffs' Class Action Forum (April 2013)
- "A Bumper Crop of Attacks on Capper Volstead," American Bar Association Antitrust Law 2013 Spring Meeting (April 2013)
- "Ascertainability in Class Actions," Investor Educational Foundation Consumer Class Action Roundtable (Nov. 2013)
- "Nationwide Certification of Class Actions; Managing Class Actions," Cambridge - Plaintiffs' Class Action Forum (April 2012)
- "Ongoing Football Litigation," Independent Retired Football Players Summit & Conference (May 2012)
- "Toxic Trespass and Other New and Emerging Toxic Torts," American Bar Association Committee Joint CLE Seminar (Jan. 2008)
- "Outlook for Litigation," North Central Regional Conference on Eliminating Childhood Lead Poising (Sept. 2006)
- "Developing Novel Theories of Recovery in Toxic Tort Litigation, Contamination Examination: A Workshop on the Changing Face of Chemical Contamination Litigation," American Bar Association CLE Program (Sept. 2006)
- "Strategies for Pursuing Litigation Remedies," Northeast Regional Conference on Eliminating Childhood Lead Poisoning (Nov. 2006)
- "Consumer Protection Law," D.C. BAR Animal Law Conference (April 2004)
- "Public Interest Tort Litigation: Using Private Tort Actions to Further Environmental Justice & Public Ends," The Public Interest Enviornmental Law Conference (March 2003)
EXPERIENCE
Antitrust/Competition
- In re Processed Egg Products Antitrust Litig. – $136 million in settlements reached on behalf of direct purchasers of shell eggs.
- In re Fresh and Process Potatoes Antitrust Litig. – $19.5 million settlement reached on behalf of purchasers of potatoes.
- In re New Jersey Tax Sale Certificates Antitrust Litig. – $9.5 million settlement on behalf of victims of bid-rigging conspiracy related to tax sale certificates.
Deceptive Business Practices & Consumer Protection
- Morris v. Bank of America, N.A. (Appointed co-lead, $75 million settlement involving excessive overdraft and insufficient funds fees)
- In re Sony PS3 "Other OS" Litig. (Appointed co-lead counsel in case involving falsely advertised PlayStations: $4 million settlement)
- Radosti v. Envision EM/, LLC ($17.5 million nationwide settlement)
- In re Tyson Foods, Inc., Chicken Raised Without Antibiotics Consumer Litig. ($8 million nationwide settlement)
- Brown v. Transurban (USA), Inc. (Appointed co-lead counsel: nationwide settlement in this case involving excessive toll lane fees)
- In re Honey Transshipping Litig. ($4 million nationwide Lanham Act settlement on behalf of honey producers)
- Represented Vital Farms in Lanham Act litigation against competitor resulting in confidential settlement
Environmental & Product Liability
- Bhatia v. 3M Company - Appointed Chair of the Plaintiffs' Executive Committee; $32.5 million settlement for dentists who purchased defective Lava crown material.
- Wolph v. Acer America Corp. - Appointed co-lead counsel; disputed class involving defective computers certified on a nationwide basis; $22.7 million settlement later achieved.
- Pelletz v. Weyerhaeuser Company - Case involving defective decking product; nationwide settlement.
- In re Monsanto Company Genetically-Engineered Wheat Litig. - Chair of lead counsel group; settled claims for individual wheat farmers impacted by contamination from genetically engineered wheat.
- Represented numerous farmers and landowners in Barbados related to jet fuel contamination claims, confidential settlement achieved.
Public Entity
We have extensive experience representing public and governmental entities, including state Attorneys General Offices, municipal utility boards, and counties in high-stakes investigations and litigation involving a variety of legal practice areas, including antitrust, consumer protection, financial services, and environmental law. The firm’s public entity portfolio includes:
- Retention by state Attorneys General Offices for antitrust litigation against Big Tech platforms.
- Retention by the largest public water supplier in the country relating to environmental contamination.
- Retention by public entities to pursue antitrust claims relating to fraud in financial markets; and
- Retention by the state of West Virginia in one of the earliest cases against the pharmaceutical industry relating to the opioid crisis, filed decades before the current wave of opioid litigation.
Sports & Entertainment
- In re Warner Music Group Corp. Digital Downloads Litig. – Nationwide settlement of royalty dispute involving $11.5 million in past damages and future royalty increases in perpetuity.
- James v. UMG Recordings, Inc. - Nationwide settlement of royalty dispute involving $11.5 million in past damages and future royalty increases in perpetuity.
- Dryer v. Nat’l Football League – $50 million settlement on behalf asserting copyright and publicity rights claims from the NFL’s use of retired players’ images and likenesses.
Technology & Data Breach
- In re Equifax, Inc. Customer Data Sec. Breach Litig. MDL No. 1:17-md-2800-TWT (N.D. Ga.) (PSC and Settlement Committee) ($500 million settlement with $1 billion in upgraded data security) (largest data breach settlement ever reached)
- In re T-Mobile Data Security Breach Litig., MDL No. 4:21-md-03019-BCW (W.D. Mo.) (Co-Lead Counsel) ($500 million settlement) (second largest data breach settlement)
- In re: Marriott International Inc., Customer Data Security Breach Litig., MDL No. 19-md-2879 (D. Md.) (Co-Lead Counsel) (pending)
- In re American Medical Collection Agency, Inc. Customer Data Sec. Breach Litig., MDL No. 19-md-2904 (D.N.J.) (Steering Committee) ($6.3 million partial settlement) (pending)
- In re Capital Health Systems, Inc., Data Breach Litig., No. 3:23-cv-23234 (D.N.J.) (Co-Lead Counsel)) (pending)
- Doe v. Highmark, Inc., No. 2:23-cv-00350-NR (W.D. Pa.) (PSC) (pending)
- In re LastPass Data Sec. Incident Litig., 1:22-cv-12047-PBS (D. Mass.) (Co-Chair of PSC) (pending)
- In re: Entertainment Partners Data Breach Litig., 2:23-cv-06546-CAS-PVC (PSC) (pending)
- In Re: Overby-Seawell Company Customer Data Sec. Breach Litig., MDL No. 1:23-md-03056 (N.D. Ga.) (PSC) (pending)
- Miller v. NextGen Healthcare, Inc., 1L23-cv-02043 (N.D. Ga.) (PSC) (pending)
- Kolstedt v. TMX Fin. Corp. Serv., Inc., 4:23-cv-00076 (S.D. Ga.) (PSC) (pending)
- In re Enzo Biochem Data Sec. Litig., 2:23-cv-04282 (E.D.N.Y.) (Co-Lead) (pending)
- In re: T-Mobile 2022 Customer Data Sec. Breach Litig., 4:23-md-03073-BCW (W.D. Mo.) (Co-Lead) (pending)
- Silvers v. HCA Healthcare, Inc., 3:23-cv-00684 (M.D. Tn.) (Executive Committee) (pending)
- In re: MOVEit Customer Data Sec. Breach Litig., 1:23-md-03083-ADB (D. Mass.) (PSC) (pending)
- Gordon v. Zeroed-In Technologies, LLC, 1:23-cv-03284-BAH (D. Md.) (Co-Lead) (pending)
- Price v. Carnival Corp., 3:23-cv-00236-GPC-MSB (S.D. Cal.) (Co-Lead) (pending)
- Detrixhe v. Integris Health, Inc., CJ-2023-7235 (Dist. Ct. Okl. Cty) (Co-Lead) (pending)
- In re: HealthEC LLC Data Breach Litig., No. 2:24-cv-00026-JKS-ESK (D.N.J.) (Plaintiffs’ Executive Committee) (pending)
- In re: Postmeds, Inc., Data Breach Litig., No. 4:23-cv-05710-HSG (N.D. Cal.) (Co-Lead) (pending)
- In re Harvard Pilgrim Data Security Incident, NO. 23-11211-NMG (D. Mass.) (Co-Lead) (pending)
- In re Premera Blue Cross Customer Data Sec. Breach Litig., MDL No. 3:15-md-2633-SI (D. Or.) (Executive Leadership Committee) ($74 million settlement)
- In re Target Corporation Customer Data Security Breach Litig., MDL No. 14-25522 (D. Minn.) (Steering Committee on behalf of financial institutions, contested nationwide class certification granted, $60 million settlement approved)
- In re: Arby’s Rest. Group, Inc. Data Security Litig., 1:17-cv-514-AT (N.D. Ga.) (Co-Lead) (~$5 million settlement)
- Greater Chautauqua Federal Credit Union v. Kmart Corp., 1:15-cv-02228 (N.D. Ill.) (Co-Lead) (~$18.5 million settlement)
- First Choice Federal Credit Union v. Wendy’s, 2:16-cv-00506 (W.D. Pa.) (Plaintiffs’ Executive Committee) ($50 million settlement)
