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), multi-employer 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, Best Lawyers in America, Chambers USA Guide to Leading Lawyers, Virginia Business Magazine's Legal Elite, and Virginia Super Lawyers. A member of the Employee Benefits Committee of the ABA Section of Labor and Employment Law and ABA Section of Taxation, he is former chair of the Employment Law Committee of the Virginia Association of Defense Attorneys, a former president of the Federal Bar Association of Richmond, and former President, Central Virginia Employee Benefits Council.

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

His recent publications include: "Modifying Retiree Health Benefits in Bankruptcy," Strafford Publications (January 2010); Chapters on "ERISA Litigation" and "COBRA - Continuation Coverage" in Employment Law in Virginia, (Virginia Law Foundation 1997 -2009); Employee Benefits Law, Second Edition, 2001 -2009 Supplements, ABA Section of Labor and Employment Law (Chapter Editor and Contributing Author); "Workforce Reductions Can Cause Retirement Plan Partial Terminations," WorkCite (April 2009); "Employers Face New Multi-Employer 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", 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); quot;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).

Mr. McElligott received his law degree from Harvard Law School, cum laude, and served as Note Editor for the Harvard Journal on Legislation. He is a Phi Beta Kappa graduate in economics from the University of Illinois, with Highest Honors, and recipient of the Nelson Memorial Prize.


Representative Matters
Practices & Industries
Honors
  • Named One of the "Best Lawyers in America," Woodward/White, Inc., Labor, Employment Lawyers Representing Management, 10+ Years
  • Named a Virginia "Super Lawyer," Law & Politics 2007-2010
  • Named One of Virginia's "Legal Elite," Virginia Business
  • Named One of America's "Leading Lawyers," Chambers USA, 2008-2010

Publications
  • "Focus on Executive Compensation: Avoiding the Disney Trap" (co-authored with Steven D. 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)
  • Employment Law in Virginia, Virginia Law Foundation (1997-2004), Chapters on "ERISA Litigation" and "COBRA - Continuation Coverage Requirements of Employee Health Care Plans"
  • "Employee Benefits Law," Second Edition, 2001-2004 Supplements ABA Section of Labor and Employment Law (Contributing Author)
  • "Worker Classification Issues in Employee Benefit Plans," Journal of Compensation and Benefits, July-August 2000
  • "Avoiding and Surviving Strikes in the Twenty-First Century," August 2000
  • "Latest Microsoft Decision Further Complicates Class Action Benefits Litigation and Treatment of Leased Employees and Temporaries," Pension and Benefits Week (June 1999)
  • "Developments in Employee Benefits Litigation" (May 1999)
  • "HIPAA and Local Government Health Plans," July 1997
  • "Recent Developments in Employment Law," Richmond Bar Association Annual Survey of the Law, June 1996
  • "Tenure Litigation in the 1990s," Legal Issues in Higher Education, June 1995
  • "Developments in Wrongful Discharge in Virginia," Journal of Civil Litigation, February 1994
  • "The Worker Adjustment and Retraining Notification Act (WARN)," Journal of Civil Litigation, December 1993
  • "Do's and Don'ts for Preventing Employee Theft," September 1996

Classes Taught
  • "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
  • Federal Bar Association, President, Richmond Chapter, 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
    • Chairman, Personnel Committee, Richmond Chapter, 1989-1994
    • Chairman, 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
  • Virginia Association of Defense Attorneys, Chairman, Section of Employment Law, 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. District Courts for the Eastern and Western Districts of Virginia

U.S. Tax Court

 

PLACE OF BIRTH

Chicago, Illinois