James D. Herschlein

Partner

New York Tel +1 212.836.8655

James D. Herschlein is a partner and co-chair of the litigation practice group at Arnold & Porter, with a focus on commercial, product liability, and complex litigation. Jim is a member of the firm’s life sciences group and nationally recognized product liability litigation group. He represents manufacturers in product liability lawsuits in state and federal courts, including litigation proceedings arising from the recall of medical devices, pharmaceutical products, and consumer products.

An accomplished trial lawyer with a varied practice, Jim recently represented a major electronics manufacturer in a patent and trade dress jury trial and an opioid manufacturer in a months-long jury trial.

Jim received his J.D. from St. John's University School of Law, where he was an articles editor for the Law Review. He is President-Elect of the St. John’s Law Alumni Association Board of Directors.

Focus Areas

Experience

The Archdiocese of New York in litigation against the City of New York to obtain financing for COVID-19 testing of the Archdiocese schools’ students.
Samsung Electronics America in defending litigation seeking contractual indemnification arising from Samsung’s sale of cable set-top boxes to Cablevision Systems.
CHU de Québec-Université Laval, a Canadian nonprofit hospital system, in seeking recovery of several million dollars arising from defendants’ breach of contract to supply personal protective equipment.
Robert Bosch LLC and Robert Bosch GmbH in trade secret, copyright and state claims regarding automotive electric body control modules (set for trial in 2023).
The controlling class of noteholders of Zohar III Corp. in bankruptcy-court litigation involving management and control of the Zohar fund.

GPB Capital in litigation involving contractual disputes with its former business partner relating to the acquisition of $40+ million in assets.
Lutron Electronics in litigations in multiple U.S. District Courts, and in the International Trade Commission, on claims that various defendants misappropriated trade secrets, and infringed patents, copyrights and trademarks, owned by Lutron.
Group of lenders in defeating the efforts of another lender to impose, by court order, a restructuring of Arch Coal multibillion dollar debt over their objection. The New York State Supreme Court denied a request by an affiliate of GSO Capital Partners for a temporary restraining order that would have prevented our clients from exercising their rights in regard to a debt exchange proposed by Arch Coal, one of the world's largest coal producers. The case was voluntarily dismissed.
Carestream Health, the purchaser of a $2.5 billion health group, in litigation regarding whether approximately $50 million in Value Added Tax receivables were included as assets in the Asset Purchase Agreement.
Carestream Health in litigation against its raw materials supplier over whether the materials complied with the specifications of the Supply Agreement and whether the manufacturer acted in good faith.
50 percent owners of a portfolio of 11 real property holding companies, valued at approximately a quarter-billion dollars, in a multi-forum dispute over the management and ownership of the properties, including corporate governance, injunction and corporate dissolution proceedings.
Merrill Lynch Capital Services, in lawsuits seeking recovery for breaches of several interest rate swap agreements.
C.I.B.C. Oppenheimer Corp. in connection with multi-state litigation following a $100 million debt offering.
Rawlings, sports equipment manufacturer, in two lawsuits arising from professional baseball. One case, involving a professional player who suffered a head injury after being struck by a pitch, was resolved without any finding of liability. The other matter was brought by a spectator at a New York Mets game when he was hit by a broken bat that flew into the stands. That case was dismissed without prejudice.
Various clients in counseling, and potential litigation, regarding employee/partner non-compete and non-solicitation agreements.
Vintage Pharmaceuticals LLC, d/b/a Qualitest Pharmaceuticals, on claims for indemnification under the terms of a Manufacturing Agreement against the company responsible for packaging the product, following a packaging error that led to a major recall of the product.
George Steinbrenner in disputes with Major League Baseball.
Leona and Harry Helmsley in connection with partnership and real property ownership litigation, including a 50-plus day arbitration regarding the shareholder agreement for, and an option to purchase, Helmsley Spear; and multiple New York state court litigations regarding partnership disputes.

Endo Pharmaceuticals and Par Pharmaceutical as lead trial counsel in a multi-month jury trial in New York state court defending claims by the State of New York and two counties that the clients caused a “public nuisance” by their conduct in manufacturing and selling opioid medicines.
Auxilium Pharmaceuticals, now a subsidiary of Endo Pharmaceuticals, in securing a victory in the first bellwether trial case for its multidistrict litigation involving testosterone replacement therapy Testim. After a seven-day trial, a jury in the U.S. District Court for the Northern District of Illinois determined that our client is not liable for all claims.
Lutron Electronics, as national counsel, on all product liability claims against any of the company's many products, including winning a directed verdict in a products liability trial in Los Angeles County Superior Court concerning a widely used dimmer switch.
Irving Oil, Canada's largest refinery, as lead counsel in suits brought by the States of Vermont and Rhode Island seeking statewide remediation of groundwater.
Boston Scientific Corporation, as national counsel, in litigation involving coronary stents. Argued and won dismissal of several suits on federal preemption grounds, and served as lead counsel in coordinated proceedings in Massachusetts state court. Named an “Impact Case of the Year: Product Liability” by LMG Life Sciences.

Novartis Consumer Health in three jury trials in connection with plaintiffs who claimed injuries from cough/cold or diet products. Conducted all direct and cross-examinations of neurology and other scientific experts. Obtained two defense verdicts in New Jersey state courts and a hung jury in Arizona federal court.
Pfizer, as national counsel, in litigation regarding a prescription contraceptive injection. Obtained forum non conveniens dismissals of 98 percent of the cases in a coordinated proceeding, leading to a favorable global settlement.
Pfizer, as national counsel, in litigation involving a prescription antibiotic.
Boston Scientific Corporation, as national counsel, in litigation regarding a recalled urinary incontinence device. Was co-lead MDL counsel in proceedings involving approximately 750 cases; tried and obtained a jury verdict in the Southern District of New York in favor of our client.
Boston Scientific Corporation, as national counsel, in litigation involving IVC filters.

Perspectives

October 20, 2023

Benchmark Litigation US Recognizes 23 Lawyers and Ranks Five Practices

October 17, 2022

Herschlein Quoted in Law360 on New York Remote Trials

May 23, 2022

Arnold & Porter Wins Restructuring Deal of the Year at the 2022 IFLR Americas Awards

January 6, 2021

Chernof, Herschlein Featured in 'Litigation Leaders' Q&A in The American Lawyer's Litigation Daily

April 3, 2020

Preparing for the Altered Litigation Landscape

Coronavirus: Litigation Webinar

Recognition

The Legal 500 US

International Litigation (2019, 2023)
Financial Services Litigation (2021-2023)
General Commercial Disputes (2013, 2016-2023)
Transport: Aviation and Air Travel–Litigation and Regulation (2019-2023)
Healthcare: Life Sciences (2021)
Product Liability and Mass Tort Defense: Toxic Tort (2018)

Best Lawyers

Product Liability Litigation: Defendants – NY (2015-2024)
Mass Tort Litigation/Class Actions: Defendants – NY (2022-2024)
Commercial Litigation – NY (2015-2023)

Lawdragon

Leading Litigator – Commercial Litigation, Product Liability, Securities (2022)

Education

J.D., St. John's University School of Law, 1985
A.B., School of Arts & Sciences Honors Program, Boston College, 1982, magna cum laude

Admissions

New York
District of Columbia

Activities

Member, Association of the Bar of the City of New York
President-Elect, Board of Directors, St. John's Law Alumni Association (2010–Present)
Member, Board of Directors, New York Athletic Club (2019–Present)
Member, Board of Directors, The Legal Aid Society (2012–2019)
Member, International Association of Defense Counsel
Fellow, American Bar Foundation
Member, American Bar Association
Member, Federal Bar Council
Former Vice President, Association of the Bar of the City of New York (2012–2013)
Chair, Product Liability Committee, Association of the Bar of the City of New York (2011–2014)
Secretary, Association of the Bar of the City of New York (2000–2003)
Chair, Young Lawyers Committee Association of the Bar of the City of New York (1991–1993)
Member, Judiciary Committee, Association of the Bar of the City of New York (multiple terms since 1995)
President, Chaminade High School Alumni Lawyers Association (2005–2007)

Overview