James P. Madigan focuses his practice on tax litigation and general commercial litigation. Jim has both trial and appellate experience in a broad array of state and federal litigation matters, including complex commercial disputes, class action defense, securities class actions, employment litigation, as well as Section 1983 actions and other civil rights litigation. Jim has represented businesses in the lending, telecommunication, hardware and real estate sectors.
Areas of Concentration
ˇ Litigation
ˇ Tax controversy and tax litigation
ˇ Bankruptcy litigation
Significant Representations
ˇ Defended a national hardware cooperative as trial and appellate counsel against member lawsuits regarding stock redemption and allocation of financial losses. Successfully invoked the capital impairment doctrine to defend cooperative's moratorium on the redemption of stock.
ˇ Represented a secured lender in multidistrict securities class actions and corporate bankruptcy adversary proceeding.
ˇ Served as trial counsel for a national hardware cooperative in a jury trial in Kentucky against a local member asserting claims of fraud. The Kentucky Supreme Court held that the cooperative's trial court motion for judgment as a matter of law should have been granted and entered judgment in favor of the cooperative.
ˇ Defended a mobile telephone company against a consumer class action based on collection of municipal taxes.
ˇ Served as trial and appellate counsel for public university faculty members as defendant-interveners against taxpayer's state constitutional challenge to domestic partner health benefits. Successfully invoked lack of standing defense and secured dismissal of all claims.
* Certain of the above representations were handled by Jim prior to his joining Greenberg Traurig, LLP.
Professional & Community Involvement
ˇ Lecturer in Law, The University of Chicago Law School, 2006 - present
ˇ Harry A. Bigelow Teaching Fellow, The University of Chicago Law School, 2000 - 2002
Awards & Recognition
ˇ Selected, Super Lawyers magazine - Rising Stars Edition, 2011
Noteworthy Experience
ˇ Former member of the Illinois Safe Schools Alliance Policy Committee
ˇ Drafted the Religious Freedom Protection & Civil Union Act, pending in the Illinois General Assembly
ˇ Drafted the Toledo, Ohio, Domestic Partner Registry Ordinance (adopted 2007)
Previous Employment
ˇ Candidate for the Illinois State Senate, 2009 - 2010
ˇ Interim Executive Director, Equality Illinois, 2008 - 2009
ˇ Staff Attorney, Lambda Legal, 2005 - 2008