James D. Herschlein is a partner and co-chair of the firm’s Litigation group and a member of its Life Sciences and Product Liability Litigation practices. Recognized by Chambers USA, The Legal 500, Best Lawyers, Benchmark Litigation, and New York Super Lawyers, Jim has represented some of the world’s largest companies in matters before judges, juries, and arbitral and governmental bodies throughout the United States. He has significant experience in complex contract and business disputes, product liability litigation, merger and shareholder litigation, contractual indemnification claims, trade secret and intellectual property matters, RICO and class action defense, and mass tort and multidistrict litigation.
A first-chair trial lawyer clients describe as “a fabulous lawyer” with a “unique ability to break down complex problems,” Jim has led the defense of a major electronics manufacturer in a patent and trade dress jury trial, an opioid manufacturer in a months-long jury trial, a global lighting and electronics manufacturer in a Los Angeles products liability trial that ended in a directed verdict, and a pharmaceutical manufacturer in the client’s first bellwether trial of a multidistrict litigation. As national coordinating counsel for a global medical device manufacturer in coronary stent litigation, his work was named an “Impact Case of the Year: Product Liability” by LMG Life Sciences.
Jim received his J.D. from St. John’s University School of Law, where he was an Articles Editor for the Law Review and served as President of the Law School Alumni Association’s Board of Directors. He also is a Co-Director of Arnold & Porter’s firmwide Trial School, which has been profiled by The National Law Journal.
Experience
- 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 in defending litigation seeking contractual indemnification arising from Samsung's sale of cable set-top boxes to Cablevision Systems.
- CHU de Québec-Université Laval, the largest university hospital network in Québec, in securing summary judgment over a breached PPE supply contract, with the court.
- Lutron Electronics in hybrid jury/bench trial that resulted in successful rejection and dismissal of asserted trade dress claims.
- Marine mutual liability insurer as lead counsel, securing resolution of all 50+ injury and wrongful death claims before trial arising from the highly publicized collision between defendant's oil tanker and missile destroyer, after prevailing on several key procedural motions.
- Global tobacco and consumer products company in achieving a favorable settlement after lengthy mediation of an NY-based commercial arbitration involving a contract dispute between business partners.
- Robert Bosch LLC and Robert Bosch GmbH in trade secret, copyright and state claims regarding automotive electric body control modules.
- Controlling class of noteholders of Zohar III Corp. in litigation in various courts arising from the Zohar III bankruptcy cases. Secured dismissal of claims of breach of fiduciary duty, aiding and abetting breach of fiduciary duty, and tortious interference in the Southern District of New York.
- Lexington Insurance Company in litigation in New York Supreme Court's Commercial Division against other insurance companies relating to coverage for malpractice claims.
- Securityholder Representative for Embody's former equity holders in leading Delaware Chancery Court litigation against Zimmer Biomet alleging fraud and breach of the acquisition agreement's 'commercially reasonable efforts' provision.
- GPB Capital in litigation involving contractual disputes with its former business partner relating to the acquisition of $40+ million in assets.
- Lutron Electronics in litigations in multiple U.S. 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 securing denial of an affiliate of GSO Capital Partners' request for a court-ordered restructuring of a multibillion-dollar Arch Coal debt exchange – the New York State Supreme Court rejected GSO's bid for a temporary restraining order, and the case was voluntarily dismissed.
- Carestream Health, 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 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, 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 in defeating two baseball-related lawsuits – a player's head injury claim from a pitch, resolved without a finding of liability, and a spectator's broken bat injury claim at a Mets game, 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; and multiple New York state court litigations regarding partnership disputes.
Perspectives
Recognition
“Recommended Lawyer” General Commercial Disputes (2013, 2016–2026)
“Recommended Lawyer” International Litigation (2019–2026)
“Recommended Lawyer” Transport: Aviation and Air Travel – Litigation and Regulation (2019-2026)
“Recommended Lawyer” Insurance: Advice to Insurers (2026)
“Recommended Lawyer” Energy Litigation: Oil and Gas (2025)
“Recommended Lawyer” Healthcare: Life Sciences (2021)
“Recommended Lawyer” Product Liability and Mass Tort Defense: Toxic Tort (2018)
Credentials
Education
- J.D., St. John's University School of Law, 1985
- A.B., School of Arts & Sciences Honors Program, Boston College, 1982, magna cum laude
Admissions
- New York
- District of Columbia
Activities
- Member, Association of the Bar of the City of New York
- President (2024–2026), Board of Directors (2010–2024), St. John’s Law School Alumni Association
- Captain (2024–Present), Member of the Board of Governors (2019–2023), New York Athletic Club
- Member, Board of Directors, The Legal Aid Society (2012–2019)
- 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)