James D. Herschlein is co-chair of the firm's Litigation group. A nationally known litigator who has represented some of the world's largest organizations in a multitude of cases before judges, juries, and arbitral or governmental bodies throughout the United States, Mr. Herschlein has a broad range of trial and litigation experience that includes cases involving complex contractual disputes, product liability litigation, and intellectual property matters.
Mr. Herschlein also serves as an integral member of the firm's Life Sciences group and Product Liability Litigation group, which was recently named "Product Liability Practice Group of the Year" by Law360 and selected "Product Liability Firm of the Year" at the Chambers USA Awards for Excellence.
Mr. Herschlein has substantial experience representing manufacturers in product liability lawsuits in state and federal courts, including the trial of individual claims and the coordination of the nationwide defense and multidistrict litigation proceedings of hundreds of cases arising from the recall of medical devices, pharmaceutical products, and consumer products, among others. In 2021, Mr. Herschlein served as lead counsel for an opioid manufacture in a months-long jury trial.
Mr. Herschlein received his JD from St. John's University School of Law, where he was an articles editor for the Law Review.
- The Archdiocese of New York in litigation against the City of New York to obtain financing for COVID-19 testing of the Archdiocese schools’ students.
- Samsung Electronics America Inc. in defending litigation seeking contractual indemnification arising from Samsung’s sale of cable set-top boxes to Cablevision Systems.
- CHU de Quebec-Universite Laval, a Canadian nonprofit hospital system, in seeking recovery of several million dollars arising from defendants’ breach of contract to supply personal protective equipment.
- The controlling class of noteholders of Zohar III Corp. in bankruptcy-court litigation involving management and control of the Zohar fund.
- GPB Capital in litigation involving a dispute with its former business partner relating to the acquisition of $40+ million in assets.
- Lutron Electronics Co., Inc. in litigations in multiple US District Courts, and in the International Trade Commission, on claims that various defendants misappropriated trade secrets, and infringed patents, copyrights and trademarks, owned by Lutron.
- Group of lenders in defeating the efforts of another lender to impose, by court order, a restructuring of Arch Coal Inc.'s multibillion dollar debt over their objection. The New York State Supreme Court denied a request by an affiliate of GSO Capital Partners for a temporary restraining order that would have prevented our clients from exercising their rights in regard to a debt exchange proposed by Arch Coal, one of the world's largest coal producers. The case was voluntarily dismissed.
- Carestream Health, Inc., the purchaser of a $2.5 billion health group, in litigation regarding whether approximately $50 million in Value Added Tax receivables were included as assets in the Asset Purchase Agreement.
- Carestream Health, Inc., in litigation against its raw materials supplier over whether the materials complied with the specifications of the Supply Agreement and whether the manufacturer acted in good faith.
- 50 percent owners of a portfolio of 11 real property holding companies, valued at approximately a quarter-billion dollars, in a multi-forum dispute over the management and ownership of the properties, including corporate governance, injunction and corporate dissolution proceedings.
- Merrill Lynch Capital Services, Inc. in lawsuits seeking recovery for breaches of several interest rate swap agreements.
- C.I.B.C. Oppenheimer Corp. in connection with multi-state litigation following a $100 million debt offering.
- Rawlings, sports equipment manufacturer, in two lawsuits arising from professional baseball. One case, involving a professional player who suffered a head injury after being struck by a pitch, was resolved without any finding of liability. The other matter was brought by a spectator at a New York Mets game when he was hit by a broken bat that flew into the stands. That case was dismissed without prejudice.
- Various clients in counseling, and potential litigation, regarding employee/partner non-compete and non-solicitation agreements.
- Vintage Pharmaceuticals LLC, d/b/a Qualitest Pharmaceuticals, on claims for indemnification under the terms of a Manufacturing Agreement against the company responsible for packaging the product, following a packaging error that led to a major recall of the product.
- George Steinbrenner in disputes with Major League Baseball.
- Leona and Harry Helmsley in connection with partnership and real property ownership litigation, including a 50-plus day arbitration regarding the shareholder agreement for, and an option to purchase, Helmsley Spear, Inc.; and multiple New York state court litigations regarding partnership disputes.
- Contractors and subcontractors in disputes regarding construction projects.
Healthcare: Life Sciences (2021)
Financial Services Litigation (2021)
General Commercial Disputes (2013, 2016-2021)
International Litigation (2019)
Product Liability and Mass Tort Defense: Toxic Tort (2018)
Product Liability Litigation – Defendants (2015-2022)
Mass Tort Litigation/Class Actions - Defendants (2022)
- JD, St. John's University School of Law, 1985
- AB, School of Arts & Sciences Honors Program, Boston College, 1982, magna cum laude
- New York
- District of Columbia
- Member, Association of the Bar of the City of New York
- Member, Board of Directors, St. John's Law Alumni Association (2010–Present)
- Member, Board of Directors, New York Athletic Club (2019–Present)
- Member, Board of Directors, The Legal Aid Society (2012–2019)
- Member, International Association of Defense Counsel
- Fellow, American Bar Foundation
- Member, American Bar Association
- Member, Federal Bar Council
- Former Vice President, Association of the Bar of the City of New York (2012–2013)
- Chair, Product Liability Committee, Association of the Bar of the City of New York (2011–2014)
- Secretary, Association of the Bar of the City of New York (2000–2003)
- Chair, Young Lawyers Committee Association of the Bar of the City of New York (1991–1993)
- Member, Judiciary Committee, Association of the Bar of the City of New York (multiple terms since 1995)
- President, Chaminade High School Alumni Lawyers Association (2005–2007)