Partner

James J. McGuire

212.885.8825 jmcguire@bartonesq.com
Partner

James J. McGuire

212.885.8825 jmcguire@bartonesq.com
View All Attorneys

For over 30 years, Jim McGuire has had a diverse and complex civil and criminal litigation practice with three main areas of concentration. He has successfully tried some 30 cases to verdict and argued some 25 appellate matters before federal and state tribunals.

The first major area of concentration is complex civil litigation. Jim has long represented major corporations, financial institutions, and individuals both as plaintiffs and defendants in a wide variety of cases in federal and state courts across the country. Those cases have spanned a multitude of subject matter areas, including securities fraud, accounting fraud, common law fraud, banking, RICO, contract, employment, copyright and trademark infringement, trade secrets, defamation, product liability, partnership, and conversion, among others.

The second area of concentration in Jim’s practice is white collar criminal and regulatory proceedings. As a former federal prosecutor, Jim has represented over 100 entities and individuals under some form or threat of government investigation. The subject matters of those representations have extended across the gamut of federal and state laws, including securities fraud, mail, wire, and bank fraud, tax violations, money laundering, embezzlement, antitrust, bribery, habeas corpus, Foreign Corrupt Practices Act, extradition, and various crimes against the person. Consequently, Jim has regularly and successfully interacted with federal and state prosecutors and governmental agencies. In a similar vein, Jim has conducted numerous internal investigations for corporate clients of diverse size and focus and advised sundry firms on their in-house compliance, audit, and crime prevention activities.

Jim’s third major area of focus is international (as well as domestic) arbitration. He has been active in such matters under the auspices of the American Arbitration Association, International Centre for Dispute Resolution, International Chamber of Commerce, and London Court of International Arbitration, among other bodies. Jim has represented both claimants and respondents in such proceedings, the vast majority of which have raised complicated financial and contractual issues.

Prior to joining Barton, Jim served, among other positions, as an Assistant U.S. Attorney for the Southern District of New York in its Criminal Division, a Partner of White & Case, and the Founding and Managing Partner of the New York office of the London-based firm Mishcon de Reya.

Practices
Industry Experience
B

Matters

Close
Commercial Litigation
  • Won $159.9 Million Jury Verdict in Contract Case
    • Won a jury verdict of $159.9 million in the U.S. District Court for the District of Maryland (Greenbelt) in a three-year-old highly complex contract case, in which Barton was substituted in as lead counsel several months before trial.
  • Secured Summary Judgment in Case Involving $100 Million Real Estate Contract
    • Secured summary judgment on all claims against defendant clients after six years of litigation in the U.S. District Court in Fort Worth, Texas alleging fraud and other civil wrongs in connection with an alleged real estate development contract valued at least $100 million.
  • Won Dismissal of Claims Against Former President of South Korea
    • Won dismissal of all claims brought under the Alien Tort Claims Act against former President of the Republic of South Korea in the District of Columbia.
  • Lead Counsel for Saudi Arabian Entities in Class Actions and Litigation
    • Acted as lead counsel on two large teams of lawyers representing two groups of major Saudi Arabian entities and individuals. secured the dismissal of all claims against clients in the celebrated class actions and consolidated litigations in the Southern District of New York arising out of the events of September 11, 2001.
  • Obtained Dismissal of Lawsuit Claims Against Celebrity Chef
    • Obtained early dismissal of all claims against “celebrity chef” client and related entities, who were facing substantial monetary exposure in a lawsuit in the Illinois State Chancery Court.
  • Secured Mandatory Injunction Compelling Return of Private Aircraft 
    • Prevailed at a preliminary injunction hearing in U.S. District Court in Dallas by securing a mandatory injunction compelling return of a client’s private, L 1011 aircraft.
  • Obtained Affirmance of Judgment Denying Seven-Figure Claim
    • Obtained an affirmance from the New York Supreme Court, Appellate Division, First Department of a lower Court Judgment in favor of a public telecommunications client, denying a seven -figure claim brought by Verizon New England, Inc.
Arbitration
  • Secured Arbitral Award Against Party Violating Litigation Settlement Agreement 
    • Secured an arbitral award providing injunctive relief against a counterparty who had violated confidentiality and non-disparagement provisions of a litigation settlement agreement. Secured an Award of damages and costs against the same counterparty for further violations of the same settlement agreement.
  • Secured Award for Breach of Shari’a-Compliant Credit Agreement
    • Secured an Award of damages and costs for breach of a Shari’a compliant credit agreement entered into between an offshore investment fund and a U.S. real estate investment management firm.
White Collar Defense
  • Obtained Acquittal for Criminal Tax Fraud Charges
    • Secured a complete acquittal of an investment banker and quasi-governmental agency head in a multi-week trial on criminal tax fraud charges in the Boston, Massachusetts Superior Court.
  • Won Reversal of a Denial of a Habeas Corpus Petition Before the Second Circuit
    • Won a complete reversal on appeal, before the U.S. Court of Appeals for the Second Circuit, of a U.S. District Court denial of a habeas corpus petition brought by the former Bosnian Ambassador to the United States, whom Bosnia/Herzegovina was attempting to extradite.
  • Successfully Negotiated With SEC on Behalf of International Fund Manager
    • Negotiated and obtained, on behalf of a former international fund manager, the least onerous settlement then granted by the SEC in the spate of “market timing” prosecutions.
  • Obtained Dismissal of Larceny Charges on Behalf of Foreign National
    • Secured dismissal of New Jersey State larceny charges, post-Indictment, on behalf of a foreign national.
  • Secured Dismissal of Fraud, Embezzlement, and Theft Charges
    • Secured dismissal of New Jersey State fraud, embezzlement, and theft charges against two foreign nationals.