James M. Rhodes Attorney, Arbitrator, Mediator
Offering Impartial Resolutions for a Range of Complicated Legal Disputes Across Various Industries
Expertise in Independent Commercial and Investment Arbitration
I provide legal and dispute resolution services to innovative and creative corporate and partnership entities, entrepreneurs, and non-profits seeking to structure and implement successful business relationships and resolve disputes amicably and expeditiously.
Expertise
I have practiced as a litigator, arbitrator, and mediator for over forty years. The following descriptive list arranges my litigation experience by practice area.
Recent Publications
Obtaining Evidence From Non-Parties in International Arbitration in the United States (The American Review of International Arbitration, Vol. 20, No. 4)
Practice Areas
Antitrust and trial counsel to manufacturers and suppliers in federal court in defense of their national distribution systems.
Represented a German equipment manufacturer in a grand jury investigation of the industry for price fixing.
Counsel to plaintiff Saudi Arabian soft drink manufacturer in successful action in federal court in Texas for damages asserting contract and business tort claims.
Successfully defended a German machine parts manufacturer against U.S. antitrust claims pursued by the U.S. Department of Justice in a grand jury proceeding.
Arbitrator in several arbitrations involving collateralized mortgage obligations (“CMOs”).
Supervised and counseled liquidation of a U.S. food manufacturer, including overseeing asset sales, winding down of operations, attention to relevant federal and state regulatory matters, termination of employees, spinning off certain operations and assets, etc.
Supervised and counseled shareholders and boards in connection with the recapitalization and reorganization of a Canadian corporation in partnership with Canadian counsel.
ICDR arbitration between an investor and an offshore fund involves allegations of wrongful termination of a securities pledge agreement and refusal to repay a loan, as well as allegations of breach of contract, fraud, and negligent misrepresentation.
Arbitrator in an ICC arbitration involving claims under warranty approaching $10 million for construction and installation of a power turbine in Latin America.
AAA arbitration involving a dispute between a trustee in bankruptcy and a registered broker-dealer with allegations of breach of contract and breach of the master repurchase agreement and repurchase agreements, wrongful and improper liquidation, and breach of covenants of good faith and fair dealing in the master repurchase agreement and repurchase agreements.
ICDR arbitration involves allegations of breach of contract for the sale and purchase of commodities.
Advocate for U.S. computer firm in ICC arbitration with its terminated European distributor; obtained a favorable award.
Represented a major Korean tire manufacturer in defense of claims by a U.S. distributor; favorable settlement.
Conceived, structured, and implemented a national distribution scheme for sporting goods manufacturers and successfully defended challenges to the distribution regimes, such challenges being based on antitrust and unfair competition claims, in federal courts in California, Illinois, and Michigan.
Successfully defended a French natural resources company against federal class action litigation involving Title VII sex discrimination charges.
Mediated dispute involving allegations of violations of provisions of a preferred supplier agreement for the supply of energy.
Dispute concerning terms of a contract for the purchase and delivery of various energy-related goods.
ICDR arbitration involves a dispute on the sale and delivery of several shipments of sub-bituminous coal.
Successful representation of U.S. packaging manufacturer in §337 proceeding before the U.S. International Trade Commission; obtained order enjoining domestic sales by a foreign competitor for ten years, based on a misappropriation of trade secrets claim.
Representation of a major Korean importer in successfully defending domestic antidumping and countervailing duty claims.
Representation of Bolivian firm in dispute with distributor in ICC arbitration; favorable award.
AAA arbitration encompassing charges of fraud, negligent misrepresentation, and violation of state securities laws in connection with an 8-figure investment by a fund in a partnership.
Lead trial counsel in cases in federal courts in New York, New Hampshire, New Jersey, Connecticut, Massachusetts, Washington, DC, Texas, California, Florida, Indiana, and Illinois: antitrust, unfair competition, trade secrets, trademark infringement, business torts, contracts, intellectual property, patents, securities, employment discrimination.
Obtained dismissal for a high net worth individual client in a civil action alleging 10(b)5 violations.
Successfully represented a U.K. record manufacturer in the prosecution of claims against a U.S. equipment manufacturer for breach of contract.
Senior associate attorney of a multi-firm team of attorneys involved in the prosecution of antitrust claims on behalf of seven major motion picture companies against two television broadcast networks.
Represented a German pharmaceutical firm in a successful hostile cash tender offer for a public U.S. pharmaceutical firm; settlement on favorable terms of action in federal court in Indiana.
Antitrust counsel to a U.S. pharmaceutical firm in successful representation before the Federal Trade Commission relating to its acquisition of another domestic pharmaceutical firm.
Represented a U.S. firm in the prosecution of contract claims under license agreements with foreign chemical firms.
Successful prosecution and protection of patents and trade secrets for U.S. food products company in U.S. federal court in NH court and before the International Trade Commission.
Representation of a German manufacturer defending claims of infringement of patent and trade secrets before the International Trade Commission and U.S. courts.
Advocate for Swiss firm in patent litigation in federal court in California; favorable settlement.
Counsel to clients in various investigations conducted by the Securities & Exchange Commission.
Counsel to clients involved in various securities litigations, including allegations and claims of short selling, misrepresentation, and other securities matters.
Mediated claims for indemnification by purchaser alleging breach of representations and warranties in a stock purchase agreement.
AAA mediation involving claims of breach of representation in a stock purchase agreement incident to the sale by a U.S. privately-held company of a subsidiary to a foreign public company.
AAA arbitration is a contract dispute between two limited partners and the general partner in a limited partnership over the meaning of terms in the partnership agreement, namely whether the general partner may make certain distributions.
Arbitrated an ICC arbitration involving claims under warranty approaching $10 million for the installation of a power turbine.
Arbitrator in several arbitrations involving collateralized mortgage obligations (“CMOs”).
AAA arbitration encompassing charges of fraud, negligent misrepresentation, and violation of state securities laws in connection with an 8-figure investment by a fund in a partnership.
AAA arbitration is a contract dispute between two limited partners and the general partner in a limited partnership over the meaning of terms in the partnership agreement, namely whether the general partner may make certain distributions.
AAA arbitration involving a dispute between a trustee in bankruptcy and a registered broker-dealer with allegations of breach of contract and breach of the master repurchase agreement and repurchase agreements, wrongful and improper liquidation, and breach of covenants of good faith and fair dealing in the master repurchase agreement and repurchase agreements.
ICDR arbitration involves allegations of breach of contract for the sale and purchase of commodities.
ICDR arbitration between a law firm and a client involves the law firm’s recovery of legal fees.
ICDR arbitration between an investor and an offshore fund involves allegations of wrongful termination of a securities pledge agreement and refusal to repay a loan, as well as allegations of breach of contract, fraud, and negligent misrepresentation.
ICDR arbitration involves claims of wrongful termination, fraud, and other relief in a dispute between a multinational trading company and subcontractors, as well as counterclaims for fraud and defamation.
ICDR arbitration involves a dispute between a multinational trading firm and a counter-party, including allegations of breach of contract, breach of post-termination confidentiality and non-competition restrictive covenants, unfair competition, and other relief.
ICDR arbitration between a multinational electronic products firm and another manufacturer arising out of a license agreement.
ICDR arbitration between two companies engaged in the supply of material to the Defense Department, arising out of allegations of breach of a service agreement between the parties.
Mediated claims for indemnification by purchaser alleging breach of representations and warranties in a stock purchase agreement.
AAA mediation involving claims of breach of representation in a stock purchase agreement incident to the sale by a U.S. privately-held company of a subsidiary to a foreign public company.
AAA mediation involves a dispute related to the sale of a business and valuation issues.
ICDR mediation involves a dispute alleging a breach of a membership interest purchase agreement, a service agreement, and other claims.
Admissions
New York (1971)
Court of Appeals for the 2nd Circuit
State Bar of Texas (1965)
Court of Appeals for the Federal Circuit
U.S. Supreme Court
Various U.S. District Courts
Our Trusted Partners and Collaborators
55 East 86th Street, Apt. 16A, New York, NY 10028
Business: (917) 612-6322 Email: jamesmrhodes@me.com
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