James Nichols
PEOPLE

James Nichols

Senior Attorney
nichols.james@dorsey.com

Overview

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.

Education & Admissions

University of Minnesota Law School (J.D., 2007), magna cum laude

Carleton College (B.A., Political Science, 2002), magna cum laude

Admissions

  • Minnesota

Experience

Representative Experience

  • 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

Articles

The Law on Tribal Court Jurisdiction over Non-Members Stands with Supreme Court’s Tied Vote in Dollar General Corp. v. Mississippi Band of Choctaw Indians
Supreme Court Rejects Challenge to the Use of Tribal-Court Convictions as Predicate Offenses in Federal Domestic Violence Prosecutions
Supreme Court Unanimously Holds that Omaha Tribe’s Reservation Not Diminished by 1882 Statute
Hart-Scott-Rodino Premerger Reporting Thresholds Increase
The Demise of Disclosure-Only Settlements?
Supreme Court Rejects Tribe’s Equitable Tolling Argument in Contract Support Litigation
United States v. Bazaarvoice, Inc.: What In-House Counsel Need to Know, The Antitrust Counselor
U.S. Supreme Court Reaffirms the Doctrine of Tribal Sovereign Immunity in Bay Mills Decision
2013 Annual Review of Antitrust Law Developments (Contributor)
Hart-Scott-Rodino Reporting Thresholds Raised
Delaware Chancery Court Upholds "Forum Selection Bylaws"
To Cooperate or Not: The Corporate Leniency Program After Stolt-Nielsen
Professor Kudrle Considers International Antitrust Theory and Practice

News & Press Mentions

Dorsey Sr. Attorney James Nichols Comments on Native American Cases to Watch
Dorsey Sr. Attorney James Nichols Comments on Tribal Jurisdiction in Dollar General Case
Dorsey Sr. Attorney James Nichols Comments on Court Sixth Amendment Decision in U.S. v. Bryant
Dorsey Sr. Attorney James Nichols Comments on Tribes Taking Over ISDEAA contracts
Dorsey Attorney James Nichols Discusses High Court's Ruling on 1882 Land Act
Dorsey Sr. Attorney Nichols Comments on Rancheria Health Care Suit
Dorsey Sr. Attorney James Nichols Comments on Tribal Contract Costs Case

Insights

Hart-Scott-Rodino Reporting Thresholds Raised
Hart-Scott-Rodino Premerger Reporting Thresholds Increase
Hart-Scott-Rodino Premerger Reporting Thresholds Increase
Premerger Information Sharing and Coordination: Seventh Circuit Rules in Omnicare v. UnitedHealth Group, Inc., Dorsey & Whitney eUpdate
Antitrust Leniency Program Still on Track after Stolt-Nielsen
To Cooperate or Not: The Corporate Leniency Program After Stolt-Nielsen
Antitrust Leniency Program Remains a Good Bet

Select Presentations

  • 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
  • Franchise & Distribution Law
  • Health Care
  • Health Litigation
  • Indian & Alaska Native
  • Securities & Financial Services Litigation & Enforcement

Professional & Civic

Professional Achievements

  • Adjunct Professor, University of St. Thomas Law School (Fall Term 2011 and 2013)
  • Vice-Chair, American Bar Association Antitrust Section Pricing Conduct Committee
  • Member, Minnesota State Bar Association
  • Member, Hennepin County Bar Association

Accolades

  • Recipient of the 2011 Never Forgotten Award from the Innocence Project of Minnesota for his work on obtaining the release and exoneration of Michael Hansen, who was wrongly convicted of murder.
  • MSBA North Star Lawyer, 2012 and 2013
James Nichols