James C. Clark Partner
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- Benjamin Jennings
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1 James C. Clark Partner Warrington, PA Tel: Fax: Jim is an experienced litigator who has represented clients in numerous industries in a wide array of legal matters. His far-ranging practice includes complex commercial litigation, white-collar compliance and criminal defense, government and internal investigations, regulatory affairs and environmental matters, as well as health care and insurance disputes. His diverse client roster has included major financial institutions, a well-known entertainment technology firm, insurance companies, national construction firms, public officials, a wireless communications provider, a major advertising agency, commercial farms, and the former top-ranked professional women s tennis player. While Jim is well-versed in multiple fields, he concentrates on the following areas of the law: Financial Services Litigation, where he represents global financial institutions in matters that include defending against federal class action lawsuits and internal investigations alleging violations of the securities laws and other fraudulent activity. White-Collar Compliance and Criminal Defense, in which he has represented public officials facing criminal investigations, and numerous other clients against federal criminal actions, including allegations of theft, fraud, and conspiracy. Government and Regulatory Affairs, where he counsels clients on federal, state and local legislation and policy-making, and the impact certain government regulations may have on their businesses. Insurance, in which he represents carriers in matters involving all aspects of their businesses, including termination of agency relationships, breach of contract actions, coverage disputes, bad faith claims, and subrogation actions. Regardless of the industry his clients operate in, or the issues they face, Jim is a tenacious litigator known for his strategic thinking, attention to detail, and unwavering dedication to achieving the best possible results for their businesses. Select Representative Matters Served as counsel to former top-ranked tennis player, Maria Sharapova, in her successful appeal to the Court of Arbitration for Sport of a two-year ban from tennis handed down by the International Tennis Federation Independent Anti-Doping Tribunal.
2 Defended a global bank in connection with their worldwide exposure to the multibillion-dollar Bernard Madoff fraud. Defended the former president of a charter school in a federal criminal action alleging wire fraud, bank fraud, theft from a federally funded program and conspiracy. Joined the legal team in the trial s sentencing phase and argued successfully for a sentence that was significantly less than prescribed by federal sentencing guidelines. Represented the Council of the City of New York in connection with overriding a mayoral veto of a local law that compelled most grocery stores to provide the level of health benefits they paid workers. Defended third party administrator against a Pennsylvania public school district s breach of contract allegations over rebate payments. Filed a lawsuit against the school district that resulted in a settlement in which the district paid the prescription management firm 100% of the fees it owed the company and dropped its lawsuit. Before Fox Rothschild Jim is a former intern for the New York Jets, where he analyzed issues relating to the NFL Collective Bargaining Agreement, the NFL salary cap and assisted in the drafting of player contracts. He previously worked as an associate at an international law firm in New York, NY. Beyond Fox Rothschild Jim frequently speaks to young lawyers on the topic of pro bono work as a vital aspect to career growth. Jim is a former member of the New York Lawyers for the Public Interest Pro Bono Advisory Council and former co-chair of the Legal Aid Society Associate's Campaign. He has volunteered for Legal Outreach, a nonprofit organization focused on encouraging underprivileged public high school students to pursue higher education and professional careers. Additionally, Jim is a former Posse Scholar and remains actively involved with the Posse Foundation, one of the most comprehensive and renowned college access and youth leadership development programs in the United States. Honors & Awards Named to Benchmark Litigation s Under 40 Hot List (2018) Named a Future Star by Benchmark Litigation (2018) Named to Benchmark Litigation's "Under 40 Hot List" (2017) Named to the list of Lawyers on the Fast Track by The Legal Intelligencer (2017) Named a Rising Star by Benchmark Litigation (2016) Practice Areas Litigation Class Actions White-Collar Compliance & Defense Bar Admissions Pennsylvania New York
3 Court Admissions U.S. District Court, Eastern District of Pennsylvania U.S. District Court, Southern District of New York U.S. District Court, Eastern District of New York U.S. Court of Appeals, Third Circuit Education Georgetown University Law Center (J.D.) DePauw University (B.A.) Memberships Pennsylvania Association of Criminal Defense Lawyers New York State Bar Association New York City Bar Association Bucks County Bar Association The Posse Foundation, NY Advisory Board Financial Services Jim has represented major financial services institutions in a variety of litigation matters, including defending against federal class action lawsuits and securities law violations, and internal investigations alleging violations and fraudulent activity. Represents a major international petroleum company facing allegations of state and federal securities laws violations related to an alleged multi-million kickback scheme involving overpayments to contractors and government officials. Defended a global bank in connection with its worldwide exposure to the multibillion-dollar Bernard Madoff fraud. Defended various global banks in federal class action lawsuits alleging violations of Section 11 of the Securities Act of 1933 and Sections 10(b) and 20(a) of the Securities Exchange Act of Defended a major national bank against a federal class action lawsuit alleging Section 11 violations. Successfully prevented plaintiffs from substituting a class representative, leading to a settlement for less than 10 percent of the initial demand. Represented a sovereign wealth fund in an internal investigation into allegations of corrupt payments by an employee. Defended a Korean trading corporation in a New York state court action alleging breach of contract. Defended a national bank as trustee in a Pennsylvania state court action seeking a declaratory judgment relating to the proceeds of an insurance claim.
4 Represented corporate executives in a California state court action against former business partner and his advisers seeking damages stemming from the former partner s theft of corporate opportunities. Government Affairs Jim frequently counsels clients on federal, state and local legislation and policy-making and the effect it may have on their business. Advised a wireless communications provider in connection with various federal, state and city lobbying and procurement regulations. Represented the Council of the City of New York in connection with overriding a mayoral veto of a local law that compelled most grocery stores to provide the level of health benefits they paid workers. Represented a transitional housing provider as plaintiff in a federal lawsuit alleging violations of the Fair Housing Act. Represented a client diagnosed as learning disabled and seeking prospective payment of private school tuition in an impartial hearing against the New York City Department of Education. White Collar Compliance and Criminal Defense Jim has represented current and former public officials in wide-ranging federal criminal investigations and has defended numerous clients against federal criminal actions, including against allegations of various types of theft, fraud and conspiracy. Jim has also defended companies accused of violating various state and federal securities laws. Represented a global bank in connection with regulatory inquiries and investigations by the Securities and Exchange Commission, the New York State Attorney General's Office, the Financial Services Authority (United Kingdom) and the Commission de Surveillance du Secteur Financier (Luxembourg), relating to the Bernard Madoff scandal. Represented an entertainment technology company in a federal class action lawsuit, Securities and Exchange Commission investigation and Ontario Securities Commission investigation, involving allegations of accounting fraud relating to revenue recognition. Oversaw review and production of more than 500,000 pages of documents, prepared key witnesses for depositions and served as primary author for all filings. Defended a former public official in a high-profile state criminal action alleging theft by deception, criminal conspiracy and conflict of interest. Represented a former public official in connection with a New Jersey Office of the Inspector General review. Represented a corporate executive in connection with an investigation by the Pennsylvania Attorney General's Office into allegations of bribery of public officials. Defended the former president of a charter school in a federal criminal action alleging wire fraud, bank fraud, theft from a federally funded program and conspiracy. Joined the legal team in the trial s sentencing phase and argued successfully for a sentence that was significantly less than prescribed by federal sentencing guidelines.
5 Insurance Jim regularly represents carriers in matters involving all aspects of insurance, including the termination of agency relationships, coverage disputes, trademark infringement, breach of contract disputes, claims of bad faith and subrogation actions. He also advises insurers on a wide range of coverage issues involving construction defects, environmental issues, trademark infringement, personal injury, wrongful death, and professional negligence. Obtained summary judgment for an insurance carrier in state court action alleging breach of contract and various tort claims stemming from the termination of an agency agreement. Obtained dismissal of complaint filed in the federal district court alleging that an underlying subrogation action filed by insurance carrier constituted abuse of process under Ohio law. Protected insurance company s trademarks against infringement by an Ohio brokerage firm, bringing claims of unfair competition, trademark infringement, trademark dilution and cybersquatting under the Lanham Act, as well as claims under Ohio state law. Negotiated a final settlement that achieved all terms sought by the client insurance company. Defended a third party administrator against a Pennsylvania public school district s breach of contract allegations over rebate payments. Filed a lawsuit against the school district that resulted in a settlement in which the district paid the prescription management firm 100 percent of the fees it owed the company and dropped its lawsuit. Represented insurance carriers in numerous declaratory judgment and bad faith actions in state and federal courts throughout the United States. Diverse Experience Jim s practice goes far beyond his four focus areas. He has handled a broad array of other matters for clients, including: Served as counsel to former top-ranked tennis player Maria Sharapova in her successful appeal to the Court of Arbitration for Sport of a two-year ban from tennis handed down by the International Tennis Federation Independent Anti-Doping Tribunal. In one of the highest-profile anti-doping cases ever, Jim worked alongside Fox s Litigation Department co-chair to substantially reduce the client s sanction. Obtained summary judgement for a general contractor and construction management firm that faced a negligence claim in U.S. District Court. The plaintiff injured his foot when he failed to properly secure a set of large concrete panels to a crane s lifting mechanism. Jim was able to move the case to a venue less favorable to plaintiffs and after two years of discovery succeeded in obtaining summary judgement. The court held that the general contractor was entitled to immunity and that the construction management firm had no duty to the plaintiff. Obtained summary judgment for multiple commercial farms in Pennsylvania in lawsuits alleging that their farming activities constituted public nuisance and negligence. Jim successfully argued that the clients activities were fully protected by Pennsylvania s Right to Farm Act.
6 Represented widows of New York City firefighters killed in the September 11, 2001, attacks on the World Trade Center in connection with their applications to the Victim's Compensation Fund. Represented a regional bank in a federal trademark lawsuit seeking a declaratory judgment that its name and mark does not infringe any trademarks of the defendants. Represented an international record company in connection with a copyright lawsuit against a Vietnamese website and its venture capital investors. Advised multiple non-profit organizations seeking tax-exempt status. Serves as outside general counsel to a third-party administrator for self-insured health plans. In this capacity, Jim advises the client in connection with all aspects of their business.
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