James R. McGibbon

James R. McGibbon: Attorney with Eversheds Sutherland (US) LLP AV stamp icon
Attorney Awards

Biography

Jim McGibbon provides the firm’s clients with experienced antitrust representation in connection with mergers and other business transactions and defends them against related governmental investigations. He also litigates antitrust cases on behalf of his clients, including both private class actions and criminal defense. Jim offers strategic guidance that reflects a seasoned understanding of client business objectives and industry-specific economics. He has represented clients in both traditional industries, like construction materials, paper and textiles, and in more technologically advanced sectors, such as payment processing, pharmaceuticals and defense. Jim also works with clients in highly regulated industries like health care, energy and insurance, coordinating with the firm’s regulatory attorneys who deal with the relevant administrative agencies.

Jim regularly represents clients in antitrust merger investigations conducted by federal agencies, including “second request” investigations. He has defended clients in criminal grand jury investigations of alleged price fixing and market allocation; in federal and state civil investigations of alleged price fixing and exclusionary practices; and in class action litigation asserting claims of alleged price fixing or market allocation in oil, manufacturing, health care diagnostics, insurance and agricultural businesses. In addition to antitrust litigation, Jim handles government investigations and private litigation relating to alleged deceptive advertising and related consumer protection issues. His substantial litigation experience includes handling complex commercial disputes in matters that include franchising and health care.

Client Tools

•Crisis Response & Incident Investigation

News

In the News

Transgender Honduran Woman Wins Immigration Case with Pro Bono Help from Sutherland (November 12, 2015)
Daily Report
An article published in the Daily Report reported on Sutherland Associate Sam Casey’s three years of pro bono litigation on behalf of a transgender woman from Honduras. His client was facing ...

Press Releases

Eversheds Sutherland Represents Great-West in proposed sale of its individual life insurance and annuity business (January 25, 2019)
NEW YORK - Eversheds Sutherland is pleased to announce that it is representing Great-West Life & Annuity Insurance Company in the proposed sale of its individual life insurance and annuity business ...

Eversheds Sutherland 2016 Pro Bono Hours Add Up for Worthwhile Causes (July 31, 2017)
Eversheds Sutherland is pleased to announce that its attorneys spent more than 15,000 hours on 614 pro bono matters in 2016. The cases, which ranged from contract disputes to high-profile asylum ...

20 Eversheds Sutherland (US) LLP Practice Areas, 56 Attorneys Named Among Nation’s Best in 2017 Chambers USA (May 26, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that 20 practices and 56 attorneys at the firm earned recognition in the 2017 edition of Chambers USA: America’s Leading Lawyers for Business. ...

Three Eversheds Sutherland (US) Attorneys Nationally Recognized for Pro Bono Efforts (April 7, 2017)
ATLANTA-Eversheds Sutherland (US) LLP is pleased to announce that three attorneys were recognized with the Volunteer Attorneys of the Year Award by the Georgia Asylum and Immigration Network (GAIN) ...

21 Eversheds Sutherland (US) LLP Practice Areas, 56 Attorneys Named Among Nation’s Best in 2016 Chambers USA (May 27, 2016)
Eversheds Sutherland (US) LLP announces that 21 practices and 56 attorneys at the firm earned recognition in the 2016 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers USA, a ...

Sutherland Lands Pro Bono Victory: Court Grants Asylum to Client (May 3, 2016)
ATLANTA-Sutherland Asbill & Brennan LLP is pleased to announce that a U.S. Department of Justice Immigration Judge granted asylum to a Haitian man represented by the firm on a pro bono basis. The ...

Sutherland Represents Energy Power Partners on Acquisition of Talen Energy Renewable Unit (November 5, 2015)
HOUSTON-Sutherland Asbill & Brennan LLP is pleased to announce that the firm counseled California-based Energy Power Partners in closing a purchase of the renewable energy unit of Talen Energy Corp., ...

Sutherland Lands Pro Bono Victory on Behalf of Transgender Client Facing Persecution in Honduras (October 30, 2015)
ATLANTA-Sutherland Asbill & Brennan LLP announced today that Judge Madeline Garcia of the Atlanta Immigration Court granted withholding of removal and protection under the Convention Against Torture ...

21 Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2015 Chambers USA (May 19, 2015)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP announces that 21 practices and 59 attorneys at the firm earned recognition in the 2015 edition of Chambers USA: America’s Leading Lawyers for ...

21 Sutherland Practice Areas, 56 Attorneys Named Among Nation’s Best in 2014 Chambers USA (May 23, 2014)
ATLANTA-Sutherland Asbill & Brennan LLP announces that 21 practices and 56 attorneys at the firm earned recognition in the 2014 edition of Chambers USA: America’s Leading Lawyers for Business. ...

Experience

“James McGibbon of Eversheds Sutherland is an ‘absolutely fine practitioner, and a great legal mind.’ He is experienced in antitrust and equally capable of handling civil and criminal issues.” Chambers & Partners 2013

Experience

Lead counsel for British Nuclear Fuels plc in the $5.4 billion auction sale of its U.S. subsidiary, Westinghouse Electric Company, to Toshiba Corporation.
Secured dismissal of a class action alleging price fixing against our oil company client.
Defended a NASDAQ-traded health care company in an FTC investigation and subsequent grand jury investigation of alleged antitrust violations, and represented the client and its officers in a consolidated Rule 10b-5 case under federal securities laws.
Defends a metal framing manufacturer in a case alleging anticompetitive standard-setting by a trade association.

Publications

“Sound antitrust advice should be strategic. It should reflect not only a seasoned assessment of legal requirements and risks, but also a full understanding of the client’s business objectives and industry-specific competitive dynamics.”

Legal Alerts

Legal Alert: Unusual Antitrust Agencies’ Guidance on Defense Mergers (April 12, 2016)
The Department of Justice (Justice) and the Federal Trade Commission (FTC) today issued an unusual joint statement that highlighted their continued commitment to preserve defense industry competition ...

Legal Alert: Supreme Court Reinforces Federal Policy Favoring Arbitration and Rejects Application of Preempted State Law (December 17, 2015)
Consistent with decisions over the past several years upholding the validity of mandatory arbitration provisions and class action waivers, on December 14, 2015, the U.S. Supreme Court held that state ...

Legal Alert: Court Rules on Antitrust Claims Arising from Changes to Electricity Pricing Plans for Home Solar Users (November 17, 2015)
A federal court allowed certain antitrust and state law claims brought by an installer of distributed solar energy systems against Arizona’s Salt River Project Agricultural Improvement and Power ...

Legal Alert: Supreme Court Holds Dismissal of Individual Case in MDL Proceedings Is Immediately Appealable (January 21, 2015)
The U.S. Supreme Court unanimously held today in Gelboim v. Bank of America Corp., No. 13-1174, that an order disposing of an individual case previously consolidated with other cases for ...

Legal Alert: State Attorney General Parens Patriae Actions Are Not Removable to Federal Court as CAFA “Mass Actions” (January 16, 2014)
This week the U.S. Supreme Court unanimously held in Mississippi ex rel. Hood v. AU Optronics Corp. that parens patriae actions in which the State is the sole plaintiff are not “mass actions” under ...

Legal Alert: Court Approves $7.25 Billion Settlement of Antitrust Class Action Relating to Visa and MasterCard Interchange Fees (December 18, 2013)
Court Approves $7.25 Billion Settlement of Antitrust Class Action Relating to Visa and MasterCard Interchange Fees In the face of objections from some of the nation’s largest retailers, a New York ...

Legal Alert: Supreme Court Forecloses Vindication of Rights Challenge to Class Action Waiver in Arbitration Provision (June 20, 2013)
A court cannot invalidate a class action waiver in an arbitration agreement on the ground that it may leave a party unable to vindicate its statutory rights economically, even if the plaintiff’s cost ...

Legal Alert: Privacy Driven : Supreme Court Limits Use of Driver Data for Client Solicitation by Attorneys (June 18, 2013)
Does the Driver’s Privacy Protection Act, 18 U.S.C. 2721-2725, allow lawyers to mine databases maintained by state departments of motor vehicles (DMVs) for the purpose of gathering plaintiffs for ...

Legal Alert: Supreme Court Upholds Arbitrator's Authority to Interpret Agreement to Permit Class Proceedings (June 11, 2013)
“The arbitrator’s construction holds, however good, bad, or ugly.” This was the succinct message delivered on June 10, 2013, by a unanimous U.S. Supreme Court in Oxford Health Plans LLC v. Sutter, ...

Legal Alert: Supreme Court to Decide Removability of Parens Patriae Actions Under CAFA (May 29, 2013)
On May 28, 2013, the U.S. Supreme Court granted certiorari in Mississippi v. AU Optronics Corporation, No. 12-1036, to consider whether a parens patriae action brought by a state attorney general is ...

Articles

2015 Amendments to the Federal Rules of Civil Procedure (November 24, 2015)
The Litigation Practice Group of Sutherland Asbill & Brennan LLP has published “2015 Amendments to the Federal Rules of Civil Procedure.” This publication reflects important changes to the Federal ...

The Many Hats of Antitrust Counsel (2007)
Reprinted with permission from Antitrust Law Deal Strategies

Presentations

“In responding to a government antitrust investigation, counsel must be prepared to defend his or her client against potential criminal prosecution as well as simultaneous private claims. Equally important, counsel must be prepared to participate with the client and other professionals in addressing overall issues of crisis management.”

Presentations

6th Annual Defense & Aerospace Investor & Corporate Development (September 18, 2006)
Sutherland Partners Jeffrey P. Bialos and James R. McGibbon and Sutherland Counsel James J. Briody will speak at the 8th Annual Defense & Aerospace Investor & Corporate Development ...

Areas of Practice (10)

  • Litigation
  • Antitrust
  • Automotive
  • Nuclear
  • Complex Business Litigation
  • Insurance
  • Insurance M&A and Demutualizations
  • Crisis Management
  • Class Action Defense
  • Corporate Crime and Investigations

Education & Credentials

Contact Information:
University Attended:
Princeton University, A.B., cum laude
Law School Attended:
Harvard Law School, J.D., magna cum laude, Editor, Harvard Law Review
Year of First Admission:
1972
Admission:
Court of Appeals of Georgia; Supreme Court of Georgia; U.S. Court of Appeals for the Eleventh Circuit; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the Tenth Circuit; U.S. District Court for the Middle District of Georgia; U.S. Supreme Court; Massachusetts; Superior Court of Georgia; Georgia
Memberships:

Professional Activities
Founder and Initial Chair, Health Care Law Section, State Bar of Georgia (1992-1993)
Chair, Antitrust Section, State Bar of Georgia (1989-1990)

Birth Information:
Buffalo, New York, April 3, 1946
ISLN:
904978443

Peer Reviews

5.0/5.0
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (14)

Documents by this lawyer on Martindale.com

Atlanta, Georgia

Contact James R. McGibbon

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