James Saylor is a senior associate in Kelley Drye’s litigation group. James has a diverse breadth of subject matter expertise, having consulted and managed complex litigations and arbitrations for national retailers, internationally-recognized brands, tech startups, entertainment companies and international contractors, among many other firm clients.
A substantial portion of James’ practice involves the defense of consumer class actions under various state and federal laws regulating deceptive trade practices and telemarketing. James has provided counseling to major corporations facing issues in advertising and represented such corporations before private regulatory bodies.
James is valued by clients and colleagues as a tenacious problem solver. James has provided solutions that have led to favorable outcomes for firm clients at all stages of the adversarial process from informal dispute resolution and early motion practice to discovery, class decertification, summary judgment, trial, and appeal.
Lead associate on appellate team that in 2018 obtained an order affirming the District Court’s denial of class certification in a telemarketing lawsuit. In 2019, the Seventh Circuit denied the appellant’s petition for rehearing en banc
Lead associate on team that defended a sports and entertainment representation firm in the Southern District of New York against claims of copyright infringement and breach of contract relating to a children’s television series featuring star quarterback Cam Newton. Arbitration of claims raised initially in the Southern District of New York resulted in a complete victory for the client after a 5-day hearing and the lawsuit was dismissed.
Representing an international contractor and managing expert and fact witnesses in complex international arbitration proceedings related to a cutting edge renewable energy project.
Lead associate on team that secured dismissal of a consumer class action lawsuit involving alleged claims of violation of California’s false advertising and unfair competition laws in connection with the release of one of the most hotly anticipated video game releases in history. In 2018, the Ninth Circuit affirmed the dismissal of the suit.
Representing leading video game and software development company in class action alleging deceptive practices with respect to in-game purchases.
Lead associate on team that obtained full dismissal with prejudice of consumer class action claims alleging deceptive pricing by major national retailer. In 2017, the First Circuit affirmed the dismissal of the suit.
Lead associate on team that obtained dismissal with prejudice of all class claims in consumer class action alleging deceptive pricing by emerging online retailer with a multi-billion dollar valuation. In 2017, the Sixth Circuit affirmed the dismissal of the plaintiff’s class allegations and the remaining individual claim was settled.
Lead associate on team that managed all electronic discovery and litigated multi-state class action through class certification briefing on behalf of leading sports equipment manufacturer, leading to individual, non-class settlement.
Member of the team that represented the largest privately held spirits company in the world as a defendant in a complex commercial/IP dispute involving a multi-year, multi-million dollar exclusive marketing agreement with a major sports franchise. After extensive discovery and prevailing on numerous discovery motions, successfully negotiated a settlement.
Assisting in the representation of clients in all stages of litigation through trial in private and governmental actions brought pursuant to the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule.
Lead associate in advertising dispute between major telecommunications companies in private dispute resolution.
Lead associate representing federal criminal defendant in the Southern District of New York.
Part of team representing federal defendant in Racketeer Influenced and Corrupt Organizations Act (RICO) case involving dozens of alleged organizational members.
Labor and Employment
Assisting in the representation of class claims under the Fair Labor Standards Act. Opposing counsel’s potential class was severely undercut by a favorable settlement with hundreds of employees through the Department of Labor, followed by a successful mediation of claims remaining in both arbitration and federal court.
Representation of major New York hospitals, nursing homes, and pharmacies against claims of discrimination based upon age, race and disability.
Obtained asylum for Tibetan political and religious refugee, secured travel documents to visit family members in foreign jurisdictions for that refugee, and currently assisting in the administration of post-asylum benefits and application for permanent residency.