< Business Services and Commercial Litigation Group
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Firm Specialties:
Commercial Litigation and Arbitration
Direct Number: 804-343-4391
E-Mail: jcosby@cantorarkema.com
Mr. Cosby is a partner and shareholder in the firm, and has practiced extensively in the area of commercial litigation and arbitration since completing a judicial clerkship at the Supreme Court of Virginia in 1988. He has regularly represented clients in the securities and financial services, real estate development, construction, technology and biotech industries.
Jim has successfully handled disputes at every level of state and federal court in Virginia, as well as a number of neighboring jurisdictions. He also has extensive experience in arbitration and mediation before a variety of sponsoring and self-regulatory organizations.
His commercial litigation practice has focused on three particular areas of specialty:
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Particular expertise in securities and financial services matters, including representing broker dealers, investment banks, investment advisors, and private banks and licensed professionals in state and federal court, over 100 arbitrations, and numerous enforcement and regulatory proceedings.
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Regularly represents clients in non-competition matters, including covenants not to compete, non-solicitation, non-disclosure, trade secret, and other agreements and restrictive covenants, including matters involving “raiding” and “inevitable disclosure” issues. Practice includes trade secret and trade mark disputes, and counseling regarding the acquisition of key personnel.
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Commercial litigation, including intra-corporate and partnership issues, construction and development, business torts, director and officer liability, commercial leasing, licensing, UCC and creditors rights issues.
Mr. Cosby holds an AV rating by Martindale Hubble based on peer reviews, and has also been elected by his peers to be included in Virginia Business Magazines annual “Legal Elite,” a poll of over 30,000 Virginia lawyers, each year since 2002.
Education:
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B.A., Economics, Virginia Military Institute, 1982
- J.D., T.C. Williams School of Law, University of Richmond, 1986
- National Moot Court Team, Regional Finalist
- International Academy of Trial Lawyers Award
(Outstanding Student Advocate, 1986)
Judicial Clerkships:
- Hon. Charles S. Russell, Supreme Court of Virginia 1987-1988
- Staff Law Clerk, Supreme Court of Virginia 1986-1987
Bar Admissions:
- Supreme Court of Virginia
- U. S. District Courts for the Eastern and Western Districts of Virginia
- United States Court of Appeals, Fourth Circuit; Supreme Court of Virginia
- Admitted pro hac vice in U. S. District Courts of District of Columbia, West Virginia, Maryland, North Carolina, and Texas.
Professional Affiliations:
- Fellow, American Academy of Trial Counsel
- Adjunct Assistant Professor of Law, University of Richmond School of Law, 1994 – Present
(classes on Advanced Trial Practice, Lawyering Skills III)
- Securities Industry Association, Legal and Compliance Division, 1997-Present
- Panel of Arbitrators, National Association of Securities Dealers, Inc., 1998-Present
- Trustee, Richmond Ballet, State Ballet of Virginia, 1999-2000
- John Marshall American Inn of Court
- Executive Committee
- Officer, United States Army Reserve 1982-1998
Bar Affiliations:
- Bar Association of the City of Richmond
- Co-Chair, Bench/Bar Conference Planning Committee, 2002
- Chairman, Young Lawyers Section, 1996
- Director, Ex Officio, 1996
- Chair, Membership Committee, 1998
- Co-Chair, Committee on Sections and Committees, 1997
- Virginia Bar Association: Construction Law Forum, Section on Litigation
- Virginia State Bar: Litigation and Construction Law Sections
- American Bar Association, Sections on Litigation, Business Law, Regulation of Securities
Practice History:
- Cantor, Arkema 1999-Present, Richmond, Virginia
- Maloney, Barr & Huennekens 1991-1999, Richmond, Virginia
- Hirschler, Fleischer, Weinberg, Cox & Allen 1988-1991, Richmond, Virginia
Recent Representations:
- Representation and settlement of claims against corporate officer and director in Adversary Proceedings in U. S. Bankruptcy Court, regarding claims of fraud, deepening insolvency, and other issues.
- Obtained dismissal of wrongful termination, breach of contract, and defamation claims against Fortune 100 bank
- Serves as regional counsel for recruiting and employment matters for two Fortune 100 financial services firms.
- Represented U. S. subsidiary of international banking, insurance and asset management firm in regulatory and enforcement proceedings.
- Successfully vacated arbitration award based on fraud and undue means pursuant to Uniform Arbitration Act.
- Recovered full payment of $400,000 mechanics lien for environmental and insulation improvements by specialty subcontractor on industrial project.
- Successfully defended medical device manufacturer against alleged fraud and breach of express and implied warranties, resulting in a withdrawal of all claims, and no settlement.
- Represented national securities broker-dealer in settlements of litigation and arbitrations.
- Managed all customer arbitration and litigation claims for 3 regional securities broker-dealers, where total settlements or awards paid averaged less than 20% of investors’ net out of pocket losses.
- Served as local counsel to hedge funds, broker dealers, and other financial services firms in litigation in federal and state courts across Virginia.
- Successfully represented investment banking firm in Federal Court in claims against health care corporation regarding issues with transaction structure and financing arrangement, resulting in payment of 75% of ad damnum within 2 months of filing complaint.
- Served as lead counsel for two NYSE-listed Real Estate Investment Trusts for litigation in Virginia, handling leasing, contractual, creditors rights, and other commercial matters
- Represented specialty computer flooring company in federal Miller Act claims resulting in recovery of over 90% of claimed damages before trial
- Served as lead trial counsel to hotel developer in multi-party construction cases involving delay and termination issues and competing claims in excess of $2M
- Represented the successful party in three separate trials included among the years' most significant real estate cases by a state-wide legal publication
- Successfully represented commercial real estate brokerage firm in commission dispute regarding procuring cause and other contractual issues
- Successfully represented a title insurer before State Corporation Commission in an enforcement matter regarding audit and escrow account issues
- Successfully represented development subsidiary of Fortune 500 corporation in litigation involving easement and other issues in residential development
- Successfully represented licensed professionals before state corporation commission in enforcement proceedings
- Successfully represented pharmaceutical company in development and licensing contract dispute in Federal Court, resulting in withdraw of all claims by opponent.
- Successfully handled numerous cases involving covenants not to compete, non-solicitation and trade secret issues.
- Retained by Virginia State Bar as consultant in securities and arbitration related investigation.
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