Jim counsels domestic and foreign businesses and individuals, helping with cybersecurity and data privacy issues and operational and strategic relationships and transactions through his focus on manufacturing, technology, education and services industries. Jim's advertising clearance practice helps clients understand regulatory risks, potential concerns, and pitfalls – and works together with them to find an appropriate alternative, substantiate claims, and address challenges. He advises clients on issues as diverse as native advertising, Made in the USA claims, and compliance with product-specific labeling laws, as well as the FTC’s Endorsement and Testimonial Guidelines. His customs and import practice helps clients with various aspects of inbound international trade, including classification issues, duty disputes, tariff impositions (including under Section 201, 232, and 301), liquidated damages, penalty impositions, and seizures. Jim’s licensing practice focuses on assisting clients with protection and monetization of intellectual property and technology services and products, using licenses and other commercialization and development agreements. He also addresses software, web and mobile app opportunities and issues.
Jim strives to improve each client’s position by understanding unique circumstances, challenges and objectives, and translating complex legal concepts into practical, meaningful guidance to promote thoughtful and well-informed decision making.
Cybersecurity, Privacy and Data Protection
Jim advises clients in connection with federal laws such as the Family Educational Rights and Privacy Act (FERPA), the Gramm-Leach-Bliley Act (GLBA), the Children’s Online Privacy Protection Act (COPPA), and Health Insurance Portability and Accountability Act (HIPAA), and other federal and state privacy, data protection, and breach notification requirements, as well as global data privacy and protection laws, including the EU General Data Protection Regulation (GDPR). He assists clients with proactive planning and incident response preparation, as well as post-data breach activities, including scope of breach, mitigation and notification issues. He also helps clients address privacy and data security issues in commercial agreements and technology transactions.
International and Customs
Jim’s import and customs practice addresses a broad range of regulatory and business issues, including liquidation, detainment and seizure, misclassification, penalty impositions, liquidated damages, and other customs matters. He assists clients with understanding Section 201, 232, and 301 tariffs, anti-dumping and countervailing duties, and the USMCA, and their effects on client operations. Jim also helps with identification of mitigation strategies to reduce the impact of added duties and tariffs, including the preparation and filing of applications for exclusion where available. He counsels on application of the ozone-depleting chemicals (ODC) excise tax. Jim also advises on liquidation extension and duty drawback issues, as well as consideration of how existing contract obligations may affect available alternatives. As a part of this practice, Jim advises clients on import and supply chain issues arising from COVID-19 effects, including importation of PPE and postponement of duties.
Jim works with U.S.-based businesses and domestic subsidiaries of foreign businesses on a variety of international matters. He has prepared, reviewed, assisted in negotiation and interpretation, and enforcement of transactions and underlying contracts involving manufacturing, supply, distributorship, dealership, licensing and royalties, and technology transfer. Jim has also formed and worked with U.S. businesses and joint ventures having domestic and foreign ownership, and has provided legal counsel regarding U.S. ownership disputes, organizational, developmental and operational matters for various organizations headquartered outside the United States, including from Canada, Germany, Belgium, Switzerland, Great Britain, France, Russia, and South Korea.
Intellectual Property, Software and Internet; Commercialization / Licensing
Business and Corporate Representation
Jim’s business practice emphasizes counseling businesses and their owners, including entrepreneurs, startup, emerging growth and middle market companies through his corporate and business enterprise transactions practice. Jim assists new and growing companies to address entity selection, taxation classification, capitalization and funding needs, ownership issues, and entity governance. He helps clients address internal and third-party opportunities and challenges arising from daily operations, and to evaluate and effectuate marketing and distribution activities, joint ventures, mergers, acquisitions, and sales, as well as shareholder and member disputes and issues, redemptions and buyouts, and restructuring. Jim’s advanced taxation education and experience is utilized to provide further depth of analysis and advice to his business clients.
Construction and Energy
Prior to practicing law, Jim worked as a chemical engineer, designing and managing construction of refinery and pipeline projects, and was a strategic analyst for processing plant location and operations planning. Through his construction law practice, he guides his clients as their facilities expand, documenting and advising on engineering and architectural design, construction, engineering, and procurement relationships, with particular emphasis on industrial and commercial manufacturing facilities and processes. Jim’s energy practice addresses petroleum, alternative and renewable energy production, refining, recovery and use, including biomass, wind and solar projects.