James Carroll is head of Skadden’s Boston office. Mr. Carroll has broad experience — including jury trial experience — in securities class action defense, consumer products, antitrust and insurance, as well as a broad array of complex civil litigations. Many of his engagements have been in the financial services and pharmaceutical industries.
Mr. Carroll also has handled significant antitrust matters in the financial services and pharmaceutical industries. His recent engagements include the defense of a branded pharmaceutical company in a so-called “pay for delay” case and a case alleging collusion among private equity firms.
Mr. Carroll is handling a number of purported class actions for major national life insurers and is defending a variety of purported class and individual actions in the life, disability and casualty insurance contexts.
He won an appeal for one of the nation’s largest mutual fund complexes that reversed a lower court’s refusal to dismiss three putative class actions involving allegations of improper mutual fund “market timing” activities.
Mr. Carroll also represented investment advisers in regulatory inquiries and civil litigations in connection with the Bernard Madoff scandal. He also is defending one of the nation’s leading providers of variable annuities in class actions filed in multiple jurisdictions. Mr. Carroll regularly represents special committees and corporations in connection with derivative actions.
Mr. Carroll also is defending multiple ERISA class action cases, particularly in the financial services industry. In this regard he obtained a rare voluntary dismissal of a class action, pending in the Southern District of New York, against ERISA fiduciaries alleged to have ignored prudent risk concentration/diversification guidelines.
He is currently defending several ERISA class actions alleging that plan participants paid excessive fees on a variety of investment options, including proprietary funds. In 2017, he successfully tried an ERISA class action to conclusion in the District of Massachusetts.
Mr. Carroll’s practice also includes representing corporations and individuals in matters before the SEC, the Massachusetts Attorney General’s Office and the Massachusetts Securities Division. His current engagements include matters before each of those regulators.
He has defended a variety of civil enforcement actions and regulatory inquiries relating to allegations of misleading disclosure and claims that for-profit educational institutions violated state consumer protection laws.
Mr. Carroll often litigates a variety of covenant-not-to-compete and “employee raiding” cases on behalf of several Massachusetts high-technology firms. He also has experience trying cases before arbitration panels of FINRA and AAA. In addition, he has tried so-called “whistleblower” cases to an administrative law judge pursuant to Sarbanes-Oxley.
In addition to courts in Massachusetts, he is admitted to practice in the U.S. Supreme Court, the U.S. Court of Appeals including the Federal, First, Second, Third, Fifth, Seventh and Ninth Circuits and numerous federal district courts across the country. Mr. Carroll’s practice is not limited to New England; he regularly litigates in courts throughout the United States.
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