Lawyers / Professionals

 
James P. McElligott Jr.       
Partner
One James Center
901 East Cary Street
Richmond, Virginia 23219-4030
T: 804.775.4329
F: 804.698.2111
jmcelligott@mcguirewoods.com
 

Mr. McElligott advises and defends private and publicly held corporations, public agencies, benefit plans and fiduciaries concerning employee benefits, executive compensation, and related labor and employment issues, including ERISA litigation, class actions, claims for employee benefits and executive compensation, breach of fiduciary duty (including stock drop class actions), multiemployer plans and withdrawal liability, retirement medical, benefits in bankruptcy, Pension Benefit Guaranty Corporation issues, Sarbanes-Oxley, COBRA, HIPAA and WARN.

Mr. McElligott has an active trial and arbitration practice, is a Fellow of the College of Labor and Employment Attorneys, and is listed in Who's Who in American Law, Chambers USA Guide to Leading Lawyers, Virginia Business Legal Elite, and Virginia Super Lawyers. He has been listed in Best Lawyers in America for more than fifteen years, and is currently listed in the practice areas of Employee Benefits (ERISA) Law, Employment Law - Management, Labor Law - Management, Litigation - ERISA and Litigation - Labor & Employment.

He regularly publishes and lectures on employment, benefits, and compensation issues. He has been interviewed in the Wall Street Journal, New York Times, Baltimore Sun, Daily Labor Reporter, Pension and Benefits Week, Computer Law, Tax Report, CBS Business Watch, Business Insurance, Chicago Sun Times, Richmond Times-Dispatch, MicroSoft Network, WashTech.com, Employment and Labor Lawcast, and other publications.


Representative Matters
Practices & Industries
Honors
  • Named One of the "Best Lawyers in America," Woodward/White, Inc., Labor, Employment Lawyers Representing Management, 10+ Years and Employee Benefits
  • Named a Virginia "Super Lawyer," 2007-2011
  • Named One of Virginia's "Legal Elite," Virginia Business
  • Named One of "America's Leading Lawyers," Chambers USA, 2008-2011

Publications
  • "Modifying Retiree Health Benefits in Bankruptcy," Strafford Publications, January 2010
  • Chapters on "ERISA Litigation" and "COBRA - Continuation Coverage," Employment Law in Virginia, Virginia Law Foundation 1997-2009
  • Chapter Editor and Contributing Author, "Employee Benefits Law," Second Edition, 2001-2009 Supplements, ABA Section of Labor and Employment Law
  • "Workforce Reductions Can Cause Retirement Plan Partial Terminations," WorkCite, April 2009
  • "Employers Face New Multiemployer Plan Liabilities," WorkCite, March 2008
  • "Understanding ERISA Retirement Plan Expenses," January 2007
  • "Executive Compensation Litigation Developments, October 25, 2006
  • "State and Local Government Benefit Promises: An Introduction," October 2006
  • "Focus on Executive Compensation: Avoiding the Disney Trap," Co-authored with Steve Kittrell, Executive Counsel, July/August 2005
  • "Retiree Medical Benefit Developments in the Courts, Congress and EEOC," Compensation and Benefits Review, March/April 2005
  • "Employee Benefits in the Ownership Society," College of Labor and Employment Lawyers, Winter 2005
  • "HIPAA Privacy Enforcement," American Health Lawyers Association, May 2004
  • "Avoiding Litigation Pitfalls in HIPAA Privacy Compliance," Southern Benefits Council, April 2003
  • "Subrogation After Great West," International Foundation of Employee Benefits Plans, February 2003
  • "A Plan Sponsor's Guide to HIPAA Privacy Rules," Professional Services Council, October 24, 2002
  • "Whistleblower Protections under the Sarbanes-Oxley Act," Virginia Bar Association Corporate Counsel Forum, October 10, 2002

Classes Taught
  • "Health Reform Update: What's Happening and What Are Employers Doing?" Richmond, Virginia, August 4, 2011
  • "What Employers and Business Associates Need to Know about Privacy and Security Obligations under HIPAA and HITECH," Webinar broadcast nationally July 26, 2011
  • "Meeting Your Fiduciary Obligations under ERISA," Webinar broadcast nationally July 19, 2011
  • "Cigna v. Amara: What Equitable Monetary Remedies Now Exist," BNA webinar broadcast July 6, 2011
  • "Medical Account Plans in the Age of Health Reform: What Will Happen to Your HRA, FSA, and HSA?" Washington, DC, April 7, 2011
  • "What Employers and Business Associates Need to Know About Privacy and Security Obligations Under HIPAA and HITECH," Washington, DC, April 7, 2011
  • "Conkright and the Ever-Evolving Standard of Review," Mid-winter meeting of the Employee Benefits Committee of the American Bar Association Section of Labor and Employment Law, February 17, 2011, Savannah, Georgia
  • "ERISA Fiduciary Exception to the Attorney Client Privilege," Webinar broadcast nationally February 15, 2011
  • "Collective Bargaining, Pensions and Retiree Medical Benefits," Philadelphia, January 25, 2011
  • "The Recessionary Economy and Its Impact on Defined Benefit Plans, Plan Severance, and Multiemployer Plan Litigation," New York City, October 21, 2010
  • "Wellness Programs and Health Reform" at the 44th Annual Lawyers' Conference of the Blue Cross Blue Shield Association in New Orleans on May 14, 2010
  • "Self-Reporting and Excise Tax Obligations of Employers Who Sponsor Group Health Plans." BNA interview broadcast March 18, 2010
  • "Impact of the Supreme Court's MetLife Decision on Discovery, Conflicts of Interest and Adjudication of ERISA Benefit Claims," Mid-winter meeting of the Employee Benefits Committee of the American Bar Association Section of Labor and Employment Law, San Antonio, Texas, February 5, 2010
  • "Retiree Health Benefit Plans: Modifying and Terminating Legacy Benefits," national webinar broadcast January 12, 2010
  • "ERISA Preemption Litigation, Preserving the Defense and Crafting Benefit Plans to Minimize State Lawsuits," Webinar broadcast October 20, 2009
  • "Standard of Review for Denial of ERISA Benefit Claims and Effect of Fiduciary's Conflict of Interest," Mid-winter meeting, American Bar Association's Section of Labor and Employment Law, Employee Benefits Committee, New Orleans, February 28, 2008
  • "Developments in Executive Compensation Litigation: Lessons from the Disney Case," Legal Summits Executive Compensation Program, New York, November 2006
  • "Legal Implications of GASB No. 45 on Accounting and Financial Reporting by State and Local Governments," Richmond and Baltimore, September 2006
  • "Section 409A: Requirements for Deferral Elections," Central Virginia Employee Benefits Council, Richmond, Virginia, April 26, 2006
  • "Avoiding Litigation Pitfalls in HIPAA Privacy Compliance," Southern Benefits Council, April 2003
  • "Subrogation After Great West," International Foundation of Employee Benefits Plans, February 2003
  • "A Plan Sponsor's Guide to HIPAA Privacy Rules," Professional Services Council, October 24, 2002
  • "Whistleblower Protections under the Sarbanes-Oxley Act" and "Employment Law Developments," Virginia Bar Association Corporate Counsel Form, October 10, 2002
  • "Sexual Harassment and Boundary Issues for Medical Providers," Grand Rounds Lecture, Medical College of Virginia, Virginia Commonwealth University, August 31, 2000
  • "ERISA Litigation," Virginia Continuing Legal Education, Fall 1998
  • "Getting 'Hip' to HIPAA," May-June 1997
  • "Recent Developments in Employment Benefits and Executive Compensation," May 1997
  • "Recent Developments in Employment Law," June 1996
  • "Dealing with Problem Employees," Governor's Conference on Education, July 1994
  • "Defending School Boards in Jury Trials," National School Boards Association, January 1992

Professional Affiliations
  • President, Central Virginia Employee Benefits Council 2006-2007
  • President, Richmond Chapter, Federal Bar Association, 1987-1988
  • Virginia Bar Association
    • Section of Labor Relations and Employment
    • Section of Taxation
    • Executive Committee, Section of Young Lawyers, 1979-1981
  • American Red Cross
    • Chair, Personnel Committee, Richmond Chapter, 1989-1994
    • Chair, Richmond Chapter, 1994-1995
    • Board Member, Richmond Chapter, 1990-1996
  • American Bar Association
    • Section of Taxation
    • Section of Labor and Employment Law
    • Committee on State Labor Law
    • Committee on Employee Benefits
  • Virginia Home for Boys
    • President, 1980-1982
    • Board Member, 1976-1996
  • Chair, Section of Employment Law, Virginia Association of Defense Attorneys, 1992-1994
  • Leadership Metro-Richmond
 

EDUCATION

Harvard Law School, Cambridge, Massachusetts, J.D., cum laude, 1973

  • Law Review, Note Editor, Harvard Journal on Legislation, 1972-1973

University of Illinois, Urbana-Champaign, Illinois, B.A., with Highest Honors, 1970

  • Phi Beta Kappa
  • Nelson Memorial Prize
 
 

ADMITTED

U.S. Supreme Court

Supreme Court of Virginia

U.S. Court of Appeals for the 4th Circuit

U.S. Court of Appeals for the 6th Circuit

U.S. Court of Appeals for the 7th Circuit

U.S. District Courts for the Eastern and Western Districts of Virginia

U.S. Tax Court

 

PLACE OF BIRTH

Chicago, Illinois