JAMES HELPS CLIENTS RESOLVE ANTITRUST, SECURITIES, AND OTHER COMPLEX DISPUTES AND USES HIS FEDERAL INDIAN LAW EXPERIENCE TO HELP INDIAN TRIBES RESOLVE HEALTHCARE REGULATION, GAMING, AND TAX ISSUES.
James specializes in the areas of American Indian law, antitrust, and securities litigation. James’ antitrust work includes litigation and counseling, particularly in connection with mergers and acquisitions. He has represented companies before the Department of Justice and the Federal Trade Commission in merger investigations. He has also represented companies in connection with other state and federal antitrust investigations, and counsels on all aspects of compliance with antitrust laws—including Hart-Scott-Rodino reporting, integration issues in mergers, and pricing and distribution issues (including Robinson-Patman Act compliance).
James, an enrolled member of the Chickasaw Nation, represents Indian tribes, tribal agencies and officials, and tribal organizations in a variety of litigation matters in federal court, tribal court, and administrative proceedings. He specializes in healthcare matters and has also litigated issues arising from gaming regulation, state taxation, and contracts with the federal government.
James’ securities practice focuses on litigation related to corporate directors' fiduciary duties and shareholder claims against corporations. James has successfully represented corporations and their directors in lawsuits alleging breaches of fiduciary duty in connection with mergers.
- Achieved a favorable settlement for a tribe in litigation against the Director of the Indian Health Service for failure to pay contract support costs owed under the tribe’s Indian Self Determination and Education Assistance Act (P.L. 93-638) compact with the United States.
- Representation of a healthcare provider in a dispute with the Indian Health Service over payment for Contract Health Services provided to tribal members.
- Representation of a tribal gaming commission in a dispute with a state over the legality of tribal gaming operations.
- Defeated a motion for preliminary injunction and prevailed on motions to dismiss claims against corporations and directors for breach of fiduciary duty in In re: Medtronic, Inc. Stockholder Litigation and Frustaci v. Uroplasty, Inc., et al.
- Represented a manufacturing company in a Department of Justice investigation of the company’s acquisition of competitor, resulting in no enforcement action by DOJ.
News & Resources
News & Press Mentions
- Maximize Health Care for Your Tribe – Asking the Right Questions, 36th Annual NAFOA Conference (April 23, 2018)
- Contract Support Costs (CSC) Changes – What Your Tribe Needs to Know, 35th Annual NAFOA Conference (April 24, 2017)
- Flying Into Trouble? (A Discussion of Antitrust Issues in Airline Mergers and Pricing Investigations) (Session Chair), Presentation to the American Bar Association Antitrust Section Spring Meeting (April 6, 2016)
- Update on Supreme Court decisions impacting Tribes and Tribal Entities, Presentation to the Tribal Economic Development and Sovereignty Seminar (March 3, 2016)
- Salazar v. Ramah Navajo Chapter: Litigating Contract Support Costs Against the United States (Panelist), Presentation to the Minnesota American Indian Bar Association 2014 Indian Law Conference (May 2, 2014)
- NIGC Revised Criteria for Self-Regulation of Class II Gaming, Presentation to the Conference of the National Tribal Gaming Commissioners / Regulators (September 13, 2012)
- Words and Deeds: the 2010 Merger Guidelines and Their Use in Practice (Moderator), Minnesota State Bar Association Antitrust Section (February 9, 2012)
Industries & Practices
- Antitrust & Competition Law
- Banking and Financial Institutions
- Health Litigation
- Indian & Alaska Native
- Securities & Financial Services Litigation & Enforcement