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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
Mr. Tallon is a partner in the Litigation Group.  He joined the firm in September 1982, following a U.S. District Court clerkship. He was elected to the partnership in November 1990 and 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 and counseling, employment-related disputes, particularly those arising under the Employee Retirement Income Security Act (“ERISA”), and commercial contract disputes.


Experience
  • 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
  • Barclays Bank PLC and Barclays Bank Delaware in a multidistrict proceeding in federal court in New York in which a putative class of retailers alleged an unlawful combination among credit card networks, issuing and acquiring banks with respect to merchant fees and network rules
  • West Publishing Company in federal court in Los Angeles in a nationwide class action and follow-on cases 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
  • The Thomson Corporation in a nationwide class action in federal court in New York based on allegations of unlawful tying in violation of the Sherman Act
  • Medco Health Solutions, Inc. in an action in Los Angeles County Superior Court involving claims under California’s Unfair Competition Law
  • 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 a differential pricing scheme
  • 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 and a $15 million judgment was entered for 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
  • 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