Jim is a first-chair trial lawyer and the co-leader of McGuireWoods’ Food & Beverage Industry Team. He defends high-exposure cases in courts across the country.
He has substantial mass tort and class action litigation experience that includes personal injury, product liability, nuisance, advertising, premises liability, transportation, insurance coverage, land valuation, indemnity and contract trials. He has taken dozens of cases to verdict in both state and federal courts.
Jim often defends clients in food-related litigation, including foodborne illness cases and consumer class action labeling claims. He also counsels food companies on regulatory compliance and litigation avoidance. He advises manufacturers, distributors and retailers on matters related to Food and Drug Administration, U.S. Department of Agriculture, and Tax and Trade Bureau compliance. He served as lead counsel for a Fortune 100 food manufacturer in an international recall that led to multidistrict litigation, class actions and personal injury cases across the country, successfully trying two high-profile cases to verdict.
Jim has argued high-exposure cases before the Judicial Panel on Multidistrict Litigation and numerous arbitration panels, and has briefed and argued appeals to the Virginia Supreme Court, the California Court of Appeals and the U.S. Courts of Appeals for the Fourth Circuit and Eleventh Circuit.
Frequently teaming with the University of Virginia’s Innocence Project Clinic on pro bono matters, Jim challenges wrongful convictions around Virginia. He has worked on cases that changed Virginia’s statute of limitation on habeas claims, obtained habeas relief overturning a 22-year-old murder conviction obtained by a crooked cop, and successfully advocated for a bill obtaining compensation for the estate of a man wrongfully convicted for a rape he did not commit.
From 1990 to 1995, Jim served as an Airborne Ranger and Light Infantry Platoon Leader in the U.S. Army and was awarded a Ranger Tab, Senior Parachutist’s Badge, Air Assault Badge and Expert Infantryman’s Badge. Following law school, Jim served as a law clerk to the Honorable Richard L. Williams, Senior U.S. District Court Judge in the Eastern District of Virginia.
Jim is frequently quoted by the media on the topic of food safety and has written extensively on the topic. He is the co-author of “Food Safety Law,” published by American Lawyer Media.
Jim has been recognized as a leading lawyer by Chambers USA, Legal 500 United States, The Best Lawyers in America and BTI Consulting Group.
Experience
- Tried a series of nuisance cases in North Carolina federal court for the nation’s largest pork provider.
- Won two arbitrations for an appliance distributor obtaining indemnity from the company from which it purchased a product line.
- Successfully defended 8,000-store retail chain in a Los Angeles Superior Court jury trial in which model/actor alleged the unauthorized use of his image and sought to disgorge $35 million in sales allegedly due to his image.
- Won a bench verdict for a land developer, establishing the fair market value of a land donation at more than $86 million, winning his client more than $20 million in contested tax credits and preserving $50 million in tax deductions.
- Won a jury verdict for a food manufacturer in trial against an excess insurer for coverage worth more than $40 million.
- Served as lead counsel for a Fortune 100 food manufacturer in an international recall that resulted in multidistrict litigation, class actions, and personal injury cases across the country and successfully tried two bellwether cases to verdict.
- Tried and won verdicts in state and federal courts across the country in insurance coverage, product liability, personal injury, premises liability, police misconduct and wrongful foreclosures.
- Defended Fortune 50 company and executive, securing a defense jury verdict in Virginia state court and winning seven figure counterclaim.
Events
- Speaker, "Diligence and Regulatory Challenges," Food and Beverage M&A and Private Equity Update – Los Angeles, June 4, 2019
- Moderator, "Attorney General Perspectives and Enforcement − Protecting the People?," Food and Beverage M&A and Private Equity Update, May 2016
- Moderator, "Due Diligence in an Era of Increased Oversight," Food and Beverage M&A and Private Equity Update, November 2, 2017
- Speaker, Two-Part Food and Beverage Industry Outlook Presentation, February 2017
- Moderator, "Due Diligence in an Era of Increased Oversight ," Food and Beverage M&A and Private Equity Update, October 2016
- Speaker, Do Criminal Prosecutions Make Food Safer? The Problem With Regulating Food Safety Through Criminalization, Washington Legal Foundation Web Seminar Series, October 2016
- Speaker, "How to Better Protect Your Food and Beverage Company, Your Customers and Yourself," Food Safety Challenges in an Era of Change: How to Better Protect Your Food and Beverage Company, Your Customers and Yourself, September 2016
- Moderator, "Attorney General Perspectives and Enforcement − Protecting the People?," Food and Beverage M&A and Private Equity Update, May 2016
- Speaker, Food Safety Crisis & Risk Management, McGuireWoods LLP Webinar, March 2016
- Moderator, "Due Diligence in an Era of Increased Oversight," Food and Beverage M&A and Private Equity Update, November 2, 2017
- Moderator, "Update on GMO Issues," ABA Subcommittee on Foods and Supplements, June 2015
- Co-speaker, "Regulations – The Good, the Bad and the Ugly" and "FSMA and Your Recall Plans and Best Practices," Food Safety Challenges in an Era of Change: How to Better Protect Your Food and Beverage Company, Your Customers and Yourself, October 2014
- Speaker, "A Defense Perspective on the Growing List of Issues for Labeling Claims," DRI Product Liability Conference, DRI Conference, April 2014
- Speaker, "Connecting The Litigation Paper Trail: How FSMA Reporting Requirements May Impact Your Litigation Strategies," 7th National Forum on Food Borne Illness Litigation, American Conference Institute, January 2014
- Speaker, "A Comparison of Food Safety Regimes," "Labeling Claims," and "Recalls and Crisis Management," Cross-Border Food Safety: What’s on the Menu?, McGuireWoods Complimentary Seminar with Red24, October 2013
- Moderator, "Presenting Food Science to the Judge and Jury," ABA Subcommittee on Food and Supplements, June 2013
- Speaker, Food Safety & Technology: What’s next for 2013, Food Manufacturing Webcast, March 2013
- Presenter, "Food Borne Illness Litigation," American Conference Institute, November 2012
- Presenter, "USDA and FDA Boot Camp," American Conference Institute, October 2012
- Speaker, The Food Safety Modernization Act: Inspections, Recalls and New Obligations, September 21, 2011
- Presenter, "Collective Bargaining, Pensions and Retiree Medical Benefits," American Conference Institute, January 25, 2011
- Presenter, "Advanced Wage and Hour Claims and Class Action Issues," American Conference Institute, May 20, 2009
- Speaker, "Five Steps Toward Food Safety Preparedness," Anatomy of a Recall, October 2007
Insights
- Author, Reducing Litigation Risk Around Food and Beverage “Purity” Claims, McGuireWoods Legal Alert, September 17, 2025
- Author, West Virginia Joins Growing List of States to Ban Food Dyes, McGuireWoods Legal Alert, March 31, 2025
- Author, FDA Bans Red Dye No. 3 in Food and Drugs, Sets Deadlines for Manufacturers to Reformulate, McGuireWoods Legal Alert, January 21, 2025
- Co-author, “Chapter 4: Food Safety”, “Chapter 5: Food Recalls”, Food Law: A Practical Guide, American Bar Association, 2021
- Author, Five Questions on Food and Beverage: Marta Stein, Alpha Baking Co. Inc., McGuireWoods Legal Alert, April 12, 2021
- Author, Five Questions on Food and Beverage: Chip Johnson, Falfurrias Capital Partners, McGuireWoods Legal Alert, July 21, 2020
- Author, Five Questions on Food and Restaurants: Larry Reinstein, LJR Hospitality Ventures, McGuireWoods Legal Alert, May 12, 2020
- Author, Executive Order Requires Continued Operation of Meat and Poultry Industries, McGuireWoods Legal Alert, April 30, 2020
- Author, USDA Decides It’s Time to Talk “Healthy” on Food Labels: Implications for Industry and Claims, McGuireWoods Legal Alert, March 31, 2020
- Author, Food Safety During COVID-19 Pandemic: FDA to Relax Some Requirements, USDA Inspections Continue, McGuireWoods Legal Alert, March 18, 2020
- Author, More Time to Label — FDA Announces Enforcement Discretion, Updates Nutrition and Supplement Facts Implementation, McGuireWoods Legal Alert, October 29, 2019
- Author, Despite Past Failures, Meal Deal Plaintiffs Continue to File, McGuireWoods Legal Alert, October 23, 2019
- Author, New Flavor of Labeling Lawsuits: Plaintiffs Allege False Vanilla Claims, McGuireWoods Legal Alert, July 31, 2019
- Co-author, "Crisco Decision," FoodDive, July 25, 2019
- Author, Food Safety Law, Law Journal Press, January 2, 2019
- Author, Five Key Takeaways on Food and Beverage M&A and Private Equity, McGuireWoods Legal Alert, November 16, 2017
- Co-author, "Regulatory Enforcement Post-Election," Today's General Counsel, February/March 2017
- Co-author, 2017 Food And Beverage Industry Outlook Part 1, McGuireWoods Legal Alert, January 23, 2017
- Co-author, "2017 Food And Beverage Industry Outlook: Part 1," Law360, January 18, 2017
- Author, Identifying Enforcement Innovations to Prepare for the Post-Yates Enforcement Environment, Subject to Inquiry, October 31, 2016
- Co-author, "Brackett and Neale: Enforcement Innovations for the Post-Yates Environment," The FCPA Blog, October 31, 2016
- Co-author, "A New Era of Food Safety Regulation Begins," Food Safety Magazine, October 12, 2016
- Co-author, "12 Ways to Ensure Compliance With New Food Defense Rule," Law360, June 13, 2016
- Author, FSMA Food Defense Rule Requires Firms to Address Risk of Terrorism, McGuireWoods Legal Alert, May 31, 2016
- Author, 5 Key Takeaways on Food and Beverage M&A and Private Equity, McGuireWoods Legal Alert, May 23, 2016
- Co-author, "FDA Cleans Up Sanitary Food Transportation Rule," Law360, April 8, 2016
- Author, "Final FSMA Sanitary Transport Rule Published by FDA with Significant Changes," McGuireWoods Legal Alert, April 6, 2016
- Co-author, "FDA Flexes Its Muscles in Food Fights," Metropolitan Corporate Counsel, March 30, 2016
- Author, 5 Key Takeaways from McGuireWoods’ Latest Food Safety Crisis & Risk Management Webinar, McGuireWoods Legal Alert, March 8, 2016
- Co-author, "The Increasing Risk Of Criminal Prosecution For Food Cos.," Law360, January 22, 2016
- Author, Addressing Adulterated Food Risk, McGuireWoods Legal Alert, January 19, 2016
- Co-author, "The FDA Gets Pulled Into the ‘Natural’ Labeling Fray: Surprise Move May Change the Food Fight," Food Manufacturing, November 11, 2015
- Author, Food from Faraway Lands: FDA Releases FSMA Foreign Supplier Food Safety Rule, McGuireWoods Legal Alert, November 18, 2015
- Author, It Will Only Cost You an Audit: FDA Releases FSMA Third-Party Certification Rule, McGuireWoods Legal Alert, November 18, 2015
- Author, FSMA Comes Down on the Farm: FDA Finalizes Produce Safety Standards, McGuireWoods Legal Alert, November 18, 2015
- Author, The FDA Gets Pulled Into the “Natural” Labeling Fray: Surprise Move May Change the Food Fight, McGuireWoods Legal Alert, November 13, 2015
- Author, FDA Finalizes First Two Rules Under FSMA, McGuireWoods Legal Alert, September 14, 2015
- Co-author, "The Impact of the FDA Banning PHOs in the US," Food Manufacturing, June 17, 2015
- Author, Landmark FDA Order Declares Partially Hydrogenated Oils No Longer Generally Regarded as Safe, McGuireWoods Legal Alert, June 17, 2015
- Author, Calif. Appellate Court Endorses Averaging Lead Exposure in Food and Beverage Prop. 65 Disputes, McGuireWoods Legal Alert, March 24, 2015
- Author, Fourth Circuit Vacates Gas Royalties Class Certification on Ascertainability and Dukes Commonality Analysis, McGuireWoods Legal Alert, August 20, 2014
- Author, POM Wonderful LLC. v. Coca-Cola Co.: Sound Preclusion Jurisprudence or Pandora’s Juice Box?, McGuireWoods Legal Alert, June 17, 2014
- Author, Mexican Sugar Imports into U.S. Investigated; Cost of Sugar Likely to Increase, McGuireWoods Legal Alert, April 10, 2014
- Co-author, Understanding Food and Beverage Recalls, Aspatore Special Report, 2014
- Co-author, "Recent Foster Farms Salmonella Outbreak Illustrates USDA Food Safety Regime," Food Safety Magazine, November 19, 2013
- Author, “Heart Healthy” Redefined: The American Heart Association Tightens Requirements for Use of “Heart-Check Mark” in Food Labeling and Advertising, McGuireWoods Legal Alert, November 4, 2013
- Author, California Takes New Step Toward Reforming Proposition 65, McGuireWoods Legal Alert, October 7, 2013
- Author, Bottoms Up! TTB Expands Permissible Nutrient Labeling on Alcoholic Beverages, McGuireWoods Legal Alert, October 3, 2013
- Author, FDA Attempts To Secure The Border: Proposed FSMA Rules Aim To Even Playing Field Between Domestic And Foreign Food Suppliers, McGuireWoods Legal Alert, August 6, 2013
- Author, The War Over FSMA: After FDA Ignored Congressional Deadlines, Will Court Order Spur Action?, McGuireWoods Legal Alert, July 8, 2013
- Author, New Rules Governing the Agri-Food Chain in the EU, McGuireWoods Legal Alert, May 31, 2013
- Author, Coping With the Rapidly Expanding Food and Drug Laws, Inside the Minds: Recent Developments in Food and Drug Law, 2013 Ed. 2012
- Author, Nanotechnology in Foods: Will the FDA Dance on the Head of a Pin?, McGuireWoods Legal Alert, November 27, 2012
- Author, Too Big to Serve? Mayor Bloomberg’s Soda-Restrictions Are Merely the Tip of the Iceberg, McGuireWoods Legal Alert, June 11, 2012
- Author, The Growing Appetite for Food (Jobs), McGuireWoods Legal Alert, May 24, 2012
- Author, USDA Beefs Up Regulation of Non-O157 E. Coli, McGuireWoods Legal Alert, April 2, 2012
- Author, "The Food Safety Modernization Act: Radical or Not?," Law360, November 30, 2010
- Author, House Committee Subpoenas Recall and Inspection Information, McGuireWoods Legal Alert, May 13, 2008
- Author, Will FSIS Tighten Regulations on Beef?, McGuireWoods Legal Alert, April 15, 2008
- Co-author, "Responding Rapidly as Inspections and Recalls Rise," Counsel to Counsel, January 2008
- Selected for inclusion in The Best Lawyers in America, Litigation – Insurance; Product Liability Litigation – Defendants, 2009-2026
- Elected as a Fellow of the Virginia Law Foundation in 2014
- Selected for inclusion in Leading Lawyers, Food & Beverages: Regulatory & Litigation, Nationwide, Chambers USA, 2015-2025
- Selected for inclusion in “Legal 500 United States,” Product Liability, Mass Tort and Class Actions – Consumer Products – Defense, 2024
- Named to “Virginia Super Lawyers,” Personal Injury Defense: General, Civil Litigation Defense, Personal Injury Plaintiff: General, Super Lawyers, Thomson Reuters, 2010-2025
- Named to “Pro Bono Service Honor Roll,” Virginia Access to Justice Commission, 2022
- Selected for inclusion in “Client Service All Stars,” Product Liability, BTI Consulting Group, 2011, 2013, 2014
- Named to “Virginia Rising Stars,” Personal Injury Defense: General, Civil Litigation Defense, Personal Injury Plaintiff: General, Super Lawyers, Thomson Reuters, 2007-2008
- AV Rated, Martindale-Hubbell