Resistant to the fashion of becoming a one trick pony, James W. Semple assists his clients in assessing and resolving complex business disputes in a broad range of contexts.
A charter member of the Delaware chapter of the American Board of Trial Advocates and an ABA-trained mediator for the Delaware Superior Court, Jim has mediated, arbitrated and advocated in hundreds of legal and alternative dispute resolution proceedings. He frequently speaks and writes, locally, nationally, and internationally, on business dispute resolution and professional ethics issues.
Recent representations in Delaware courts include the following:
· Breach of Contract - Represented a plastic manufacturer that recovered damages through settlement of a claim for the breach of an exclusive distributor contract.
· Employment Restrictive Covenant - Defended a breach of a restrictive employment covenant involving two former employees.
· Stock Options - Defended a former executive in a claim for the claw back of exercised stock options based on alleged breaches of covenants not to compete, solicit employees or disclose confidential information.
· Breach of Confidentiality - Counseled a company in a suit alleging breaches of a confidentiality agreement incident to acquisition discussions.
· Liability Insurance Claims - Represented several related U.S. corporations facing catastrophic claims arising from the 9/11 tragedy in a declaratory judgment action that secured their rights to primary and excess liability insurance.
· Birth Injury Claims - Represented a global company - as local trial counsel and Delaware Supreme Court counsel - in the defense of multiple claims for birth defects allegedly arising from exposure to one of its products.
· Toxic Torts - Served as local counsel to an international company in the defense of claims that trace benzene amounts can cause acute myelogenous leukemia.
· D & O Liability - Defended various excess insurers in claims for coverage under directors and officers liability insurance policies.
· Indemnification Damages - Represented an international company in claims for contractual indemnification damages arising from a licensing agreement.
· Breach of Promissory Notes - Represented a company in the after parts market in seeking damages from a company for breach of Subordinated Promissory notes.
· Defense of Breach of Supply Agreement - Defended a purchaser of parts alleged to have breached a supply agreement where issues involved materiality of alleged breaches, duress, and the covenant of good faith and fair dealing.
· Breach of Asset Purchase and Licensing Agreement - Represented global company in dispute over interpretation of an Asset Purchase and Sale Agreement and corollary Consulting Agreement including issues involving licensing royalties and alleged breaches of covenant to keep information confidential.
· Oil Exploration and Production Licenses - Successfully represented company in disputes under a Purchase and sale Agreement over oil exploration and production licenses.
· Breach of Agreement to Purchase Trade Secrets and IP Technology- Represented buyer in enforcing its rights under Purchase Agreement to obtain full measure of the trade secrets and IP licenses set forth in the agreement.
Honors and Awards
· Federation of Defense and Corporate Counsel, Hecker Award, Two-Time Recipient
· Delaware SuperLawyers®, 2007-2011
· The Best Lawyers In America®, Woodward/White, Inc., 2009-2011
Activities and Affiliations
· Supreme Court of the State of Delaware, Board of Bar Examiners, Past Member
· Supreme Court of the State of Delaware, Board on Professional Responsibility, Past Member
· District of Columbia Bar Association
· American Bar Association
· The American Board of Trial Advocates, Delaware Chapter, Charter Member
· Federation of Defense and Corporate Counsel, Member
· Delaware State Bar Association, Former Member of Executive Committee, Founding Chair of Torts and Insurance Practice Section
· Defense Counsel of Delaware, Founding President
Experience
HLTH Corp. v. Agricultural Excess and Surplus Ins. Co.
No. 07C-09-102, 2008 WL 3413327, July 31, 2008
D & O advancement coverage litigation
Sun-Times Media Group, Inc. v. Royal & Sunalliance Ins. Co. of Canada
2007 WL 1811265 (Del. Super., June 20, 2007)
D&O coverage
HIFN, Inc. v. Intel Corp.
2007 WL 1309376 (Del. Ch., May 2, 2007)
Breach of technology contract
Bowen v. E.I. Du Pont de Nemours & Co., Inc.
906 A.2d 787, Prod. Liab. Rep. (CCH) P 17,560 (Del. Supr., September 15, 2006)
Argued and won the first case in Delaware to affirm summary judgment to defendant in toxic tort case based on Daubert exclusion of plaintiff's purported expert.
Bowen v. E.I. Du Pont de Nemours and Co., Inc.
2005 WL 1952859 (Del. Super., June 23, 2005)
Daubert issues
Honeywell Intern. Inc. v. Air Products & Chemicals, Inc.
872 A.2d 944, 57 UCC Rep. Serv. 2d 81 (Del. Supr., March 29, 2005)
Sale of assets case
Winchester v. Hertrich
658 A.2d 1016 (Del. Super., February 2, 1995)
Successfully argued that use of consulting experts by adversary is barred.
Monsanto Co. v. International Ins. Co. (EIL)
652 A.2d 36 (Del. Supr., December 23, 1994)
Environmental insurance coverage
Travelers Indem. Co. v. Lake
594 A.2d 38 (Del. Supr., July 2, 1991)
Established choice of law rule in tort.
Cline v. Prowler Industries of Maryland, Inc.
418 A.2d 968, 15 A.L.R. 4th 765, 29 UCC Rep. Serv. 461 (Del. Supr., June 3, 1980)
Handled the successful trial and appeal of this case which established the rule of no strict liability in tort in Delaware.
Publications
01.04.2011
Business Torts: A Fifty-State Guide 2011 Edition
Jason C. Jowers and James W. Semple author the Delaware chapter of "Business Torts: A Fifty State Guide, 2011 Edition" published by Aspen Publishers.
02.09.2010
Business Torts: A Fifty State Guide 2010 Edition
Jason C. Jowers and James W. Semple author the Delaware chapter of "Business Torts: A Fifty State Guide, 2010 Edition.
2009
Business Torts: A Fifty State Guide 2010 Edition
James W. Semple authors the Delaware chapter of "Business Torts: A Fifty State Guide, 2010 Edition" published by Aspen Publishers.