Corporate Defense and Disputes

Important developments in U.S. securities law, white collar criminal defense, regulatory enforcement and other emerging issues impacting financial services institutions, publicly traded companies and private investment funds

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James Anderson

James Anderson is an attorney in the Litigation Department and a member of the firm’s Asset Management Litigation and Intellectual Property groups. Jim leverages his technological background and expertise to represent clients in sophisticated business and intellectual property disputes.

Jim has experience litigating cases for clients in the technology, life sciences, and financial services industries, including a significant number of pharmaceutical, biotech, consumer electronics, and asset management clients. He has litigated cases in state and federal courts throughout the United States, as well as before the International Trade Commission and Patent Trial and Appeal Board.

In addition to his commercial litigation practice, Jim advises clients on intellectual property strategy spanning the full range of patent, trademark, and trade secret protections. He has developed and maintained intellectual property portfolios in a broad range of industries, including consumer products, medical devices, machining and fabrication equipment, and semiconductor devices. Jim is registered to practice before the United States Patent and Trademark Office.

Jim also maintains an active pro bono practice. He has been awarded for his work on behalf of victims of domestic violence and abuse.

Jim has a degree in Mechanical Engineering, with a concentration in energy, power, and fuel cell technologies, from the University of Connecticut. Prior to joining Proskauer, Jim served as a judicial intern in the U.S. District Court for the District of Connecticut and represented clients with the UConn Intellectual Property and Entrepreneurship Law Clinic.

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In Conflict With Other Circuits, Seventh Circuit Rules That Certain Transfers Involving Financial Institution Intermediaries Not Immune From Recovery By Bankruptcy Trustee

Section 546(e) of the bankruptcy code prohibits a bankruptcy trustee from avoiding “settlement payment[s]”, or payments “made in connection with a securities contract,” that are “made by or to (or for the benefit of)” qualifying financial entities, including financial institutions, stockbrokers, commodities brokers and others.   In a ruling that conflicts with precedent from the Second, … Continue Reading

N.Y. Court of Appeals Adopts Business Judgment Rule, with Conditions, for Going-Private Mergers

The New York Court of Appeals has followed Delaware in holding that the business-judgment rule applies to going-private mergers as long as certain shareholder-protective measures are met. The court’s May 5, 2016 decision in In the Matter of Kenneth Cole Productions, Inc. Shareholder Litigation, Case No. 54, adopts the standard set forth by the Delaware Supreme … Continue Reading
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