James F. Bogan, III

James F. Bogan, III

Jay Bogan, a partner in Kilpatrick Stockton's Litigation Practice Group, is the leader of the firm's Technology Litigation Team, a member of the firm's Supreme Court and Appellate Practice Group, and one of the firm's class action specialists. He is considered the firm's leading expert in civil RICO litigation, having authored numerous articles on civil RICO and having tried and litigated cases through appeal that resulted in the creation of new law under both the federal and Georgia RICO statutes.

A member of the State Bar of Georgia and the American Bar Association, Mr. Bogan is a former chair of the ABA's Business Torts & Civil RICO Committee (Section of Antitrust Law). He served as co-editor of the ABA Antitrust Section handbook, Business Torts & Unfair Competition (2d ed. 2006) and authored chapters of the ABA Antitrust treatise, State Antitrust Practice and Statutes (3d ed. 2004), and another handbook, The Right Against Self-Incrimination in Civil Litigation (2001). He is currently Chair of the Appellate Practice Section of the State Bar of Georgia, and he serves as the Eleventh Circuit Editor of the ABA Litigation Section's Appellate Practice Journal.

Selected Experience

· Represents chemical company in multi-jurisdictional fraud and civil RICO cases filed in federal and state courts in Hawaii, Florida and Georgia, involving both individual and class action litigation. See, e.g., Green Leaf Nursery v. DuPont, 341 F.3d 1292 (11th Cir. 2003); Kobatake v. DuPont, 162 F.3d 619 (11th Cir. 1998); Mazzoni Farms, Inc. v. DuPont, 761 So.2d 306 (Fla. 2000); DuPont v. Andraea Partners, 197 F.R.D. 424 (D. Haw. 2000).

· Represents military defense contractor in trade secret and data rights litigation against a competitor. See Lockheed Martin Corp. v. L-3 Commc'n Corp., 405 F. Supp.2d 1381 (N.D. Ga. 2005).

· Represented telecommunications company in highly-publicized dispute with a competitor, involving the competitor's hiring of the client's second highest-ranking corporate officer; the case involved claims for breach of non-competition agreement, misuse of trade secrets, and raised significant issues under the Federal Arbitration Act. See BellSouth Corp. v. Forsee, 265 Ga. App. 589 (Ga. Ct. App. 2004).

· Represented telecommunications company in antitrust litigation involving the Federal Telecommunications Act of 1996. See Covad Communications Co. v. BellSouth Corp., 374 F.3d 1044 (11th Cir. 2004).

· Represents seller of office products in suit filed in Florida state court against major insurance broker and carriers, asserting claims under Florida state law (including price-fixing claims under the Florida Antitrust Act and civil RICO claims under Florida state law), relating to the investigation conducted of the insurance brokerage industry by the New York State Attorney General. See Office Depot, Inc. v. Marsh & McLennan Cos., 937 So.2d 1139 (Fla. Dist. Ct. App. 2006).

· Represented provider of cellular telephone services in consumer class action litigation brought under the federal Telephone Consumer Protection Act. McGarry v. Cingular Wireless LLC, 599 S.E.2d 34 (Ga. Ct. App. 2004).

· Represented individual clients (plaintiffs) in civil RICO case in Georgia trial court that resulted in the creation of significant new precedent under the Georgia RICO Act. See, e.g., Dee v. Sweet, 489 S.E.2d 823 (Ga. 1997).

Background

· J.D., University of Virginia School of Law, 1989.

· B.A. English, University of Virginia, High Distinction, 1985.

· Chair of Georgia State Bar Appellate Practice Section.

· AV® rated by Martindale-Hubbell