In his employment, education and governmental relations law practice, James H. McMackin, III primarily appears before members of the Delaware court, arbitrators and administrative bodies. He frequently counsels and represents clients on matters involving enforcement of non-compete agreements, defending clients in suits alleging discrimination and retaliation, and enforcing and defending contractual obligations.
In addition to counseling clients in litigation, Jim frequently serves as primary counsel in matters concerning:
· Negotiating and drafting contracts
· Representing clients before various administrative bodies, including the Unemployment Insurance Appeals Board, the State Board of Education and the Delaware Division of Industrial Affairs
· Complying with Delaware education laws
Beyond the Courthouse
Jim is a frequent guest on seminar panels and presenter on topics concerning employment and education law. As former chair of the Labor and Employment Section of the Delaware State Bar Association, Jim is asked to comment upon pending and proposed legislation. He often discusses developments in employment law with local practitioners. Jim is also an Associate Member of the Board of Bar Examiners.
Honors and Awards
· Honey F. Colby Memorial Scholarship, Recipient
· Moot Court Honor Society
· Phi Delta Phi Society
· Phi Kappa Phi Society
Activities and Affiliations
· Delaware State Bar Association, Labor and Employment Section, Chair, 2009-2010; Vice Chair, 2008-2009; Secretary, 2007-2008
· American Bar Association, Labor and Employment Law Section, Member
· Claymont Community Center, Director, 2006-2009
· Archmere Academy Alumni Council, Former Member
· Sigma Phi Epsilon, Member
· Chatham Homeowners Association, Representative
Prior Work Experience
Before joining Morris James LLP, Jim was an associate at Richards, Layton and Finger, P.A. Prior to and during law school, he was a credit analyst at JP Morgan Chase for four years.
Experience
Martin Meltzer v. City of Wilmington
Successfully dismissed many employment discrimination claims asserted against the City and numerous management employees.
Diamond State Financial Services v. Newton One Advisors
Successfully argued in a Court of Chancery injunctive relief case that a former employee and his new employer did not violate post-employment restrictions in a matter brought by the former employer.
City of Rehoboth Beach v. Glenn McCandless
Successfully obtained and collected a judgment against a former employee for embezzlement of the employer's resources for an amount in the six figures.
Tropical Nursing, Inc. v. Ingleside Homes, Inc.
Represented the defendant by successfully arguing a motion for summary judgment on behalf of client Ingleside Homes which defeated the plaintiff's claim to liquidated damages for a purported breach of contract to provide nursing services.
NuFern Inc. v. Michael O'Connor
Working closely with out-of-state counsel in an injunctive action in the Court of Chancery, Jim McMackin successfully proved that the plaintiff's former employee did not breach the terms of his post-employment restrictions by working for another company in the high-tech defense laser industry.
P.J. Fitzpatrick, Inc. v. Joseph Bailey
Represented the employer by successfully arguing a Motion for a Temporary Restraining Order to enforce post-employment restrictions against a former employee in an injunctive action in the Court of Chancery.
Marguerite Johnson v. Delaware Technical and Community College
Successfully received an order granting case-dispositive summary judgment on behalf of client Delaware Tech in a case alleging First Amendment retaliation and Due Process Clause violations. The case was affirmed by the Court of Appeals for the Third Circuit. Plaintiff appealed to the U.S. Supreme Court. We successfully opposed certiorari.
Kenneth Cole and Brigitte Brown v. Delaware Technical and Community College
Successfully received an order granting summary judgment on behalf of client Delaware Tech which defeated plaintiffs' claims alleging a hostile work environment and retaliation.
G.A. v Indian River School District
In an Education Due Process hearing, successfully defended claims by the parents of a student identified as eligible to receive special education services alleging that the student was denied a free and appropriate public education.
L&W Insurance, Inc. v. Harrington
2007 WL 809512 (Del.Ch. 2007)
Represented Harrington in an action seeking to enforce a covenant not to compete. The Court denied the application for an injunction because Harrington established L&W Insurance, Inc. breached the agreement creating the covenant not to compete.
Kenneth Mitchell v. Wachovia, Inc.
Working closely with out of state counsel, Jim McMackin successfully received an order granting case-dispositive summary judgment on behalf of client Wachovia in a case alleging racial and gender discrimination and retaliation.
Clerkships
Intern for The Honorable Jane R. Roth, U.S. Court of Appeals, Third Circuit