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James P. Tallon
Partner

Education
Drake University, Law School, J.D., 1980, Order of the Coif
    Editor-in-Chief, Drake Law Review
Stonehill College, B.A., 1977, magna cum laude

Practice
James Tallon is a partner in the Litigation Group. He joined the firm in September 1982, following a U.S. District Court clerkship. He became a partner in January 1991.

Throughout his career with the firm, Mr. Tallon has represented domestic and foreign clients in complex commercial litigation at the trial level and at the appellate level in federal and state courts throughout the United States, particularly in New York and California. His practice focuses on antitrust litigation, employment-related disputes, and commercial contract disputes.


Experience
  • Countrywide Financial Corporation (and related companies) in connection with coordination of multiple cases filed against Countrywide arising out of purchases by sophisticated entities of mortgage backed securities
  • A Texas natural gas company in litigation in Delaware Chancery Court against a former executive in connection with a dispute over terms of partnership agreements to which the former employee was a party
  • A U.S. company with respect to post-closing allegations that the company breached various representations and warranties with respect to assets acquired by a purchaser
  • Barclays Bank PLC and Barclays Bank Delaware in a multidistrict proceeding in federal court in New York in which a putative class of retailers allege an unlawful combination among credit card networks, issuing and acquiring banks with respect to merchant fees and network rules
  • A company based in Asia in connection with litigation in Canada against a former executive with respect to certain trade secrets, company confidential information and corporate opportunities
  • West Publishing Co. in federal court in Los Angeles and in the Ninth Circuit in a putative class action alleging unlawful market-allocation in violation of Section 1 of the Sherman Act and unlawful monopolization under Section 2 of the Sherman Act
  • Sumitomo Rubber Industries, Ltd. in federal court in Los Angeles with respect to alleged price fixing in the market for marine buoys and related equipment
  • The Thomson Corporation in federal Court in New York in a putative class action premised on allegations of unlawful tying in violation of Section 1 of the Sherman Act
  • A Luxembourg bank in litigation in federal court in New York with respect to a failed joint venture
  • Sumitomo Rubber Industries, Ltd. in a mutidistricted class action in federal court in Miami regarding alleged cartel price-fixing with regard to marine hoses
  • West Publishing Company in federal court in Los Angeles in a nationwide class action premised on allegations of monopolization and market allocation
  • A foreign issuer in litigation in the New York Supreme Court, New York County regarding claims by purchasers of notes with respect to a credit default swap
  • Medco Health Solutions, Inc. in an action in federal court in Baltimore against Rite-Aid Corp. and other retail pharmacies regarding allegations of a group boycott in violation of Section 1 of the Sherman Act
  • BASF SE in multidistrict litigation in federal court in Washington, D.C. regarding allegations of price fixing with respect to certain vitamins
  • An international consulting company in Delaware Superior Court in connection with allegations by a former customer that the consulting company had provided bad advice regarding purchase of enterprise software
  • Medco Health Solutions, Inc. and Merck & Co., Inc. in a multidistrict proceeding in federal court in New York involving claims of violation of fiduciary duties under ERISA
  • Merck & Co., Inc. in a multidistrict proceeding in federal court in Chicago involving claims filed by thousands of pharmacy owners alleging the existence of an unlawful differential pricing scheme in violation of the Robinson-Patman Act and collusion in violation of Section 1 of the Sherman Act
  • The Wickes Companies in In re Ivan F. Boesky Securities Litigation with respect to allegations of stock manipulation
  • Citibank, N.A. in the Ames Department Stores bankruptcy litigation
  • Merck & Co., Inc. and PAID Prescriptions, LLC in a case in Los Angeles County Superior Court involving alleged violations of state and federal law in connection with the development and marketing of Crixivan®
  • Transwestern Pipeline Company in a case in Los Angeles County Superior Court, where a jury returned a verdict in favor of Transwestern in connection with pipeline contamination; the judgment was affirmed on appeal by the California Court of Appeals and the California Supreme Court


Selected Professional & Business Activities
  • Member, American Bar Association
  • Member, Association of the Bar of the City of New York
  • Chair, American Bar Association’s Professional Responsibility Committee’s Subcommittee on Multinational Ethics and Professional Responsibility
  • Faculty, Practicing Law Institute, “Program on Deposition Skills and Training”
  • Faculty, American Law Institute—American Bar Association, “Advanced Problems in Federal Civil Litigation” (covering current issues in arbitration practice and professional ethics)
  • Faculty, National Institute of Trial Advocacy, Deposition Skills Programs


Publications
  • Author, “Commercial Litigation in New York State Courts,” Class Actions (West 2005)(2d Ed.)
  • Author, “Transactional Lawyer’s Deskbook: Advising Business Entities,” The Attorney-Client Privilege and the Corporate Client (West 2001)


Bar Admissions/Qualifications
California
New York


Courts
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Fourth Circuit
Various U.S. District Courts in the Ninth and Second Circuits