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Education

  • J.D., University of Notre Dame Law School, 1996
  • B.S., University of Delaware, summa cum laude, 1993

Bar Admissions

  • Delaware

Court Admissions

  • U.S. District Court, District of Delaware
  • U.S. Court of Appeals, Third Circuit

Memberships & Affiliations

Former Criminal Deputy Attorney General for the State of Delaware

Delaware State Bar Association

Richard S. Rodney Inn of Court

St. Thomas More Society

Office of the Child Advocate

Delaware Volunteer Legal Services

Notre Dame Club of Delaware

Elsmere Boxing Club

Kennett-Unionville Titans Youth Football

Thomas McKean High School Football

James J. Freebery

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Partner
  • T: 302.984.6306
    F: 302.984.2492

Mr. Freebery is a trial lawyer. Mr. Freebery represents clients in diverse areas of litigation with an emphasis on mass tort and product liability claims, complex contract and commercial matters, antitrust claims, patent litigation and construction disputes. His practice includes the representation of large and medium sized businesses and corporations at every level of state and federal courts in both Delaware and around the country. He is heavily involved in the defense of matters involving exposure to various chemicals or products such as benzene, petroleum products, and asbestos, as well as the representation of major pharmaceutical and drug companies.

Mr. Freebery is a member of the SEDONA Conference® Working Group on Electronic Document Retention and Production, and its drafting team for "The Case For Cooperation." He serves on McCarter & English's E-Discovery Committee. Mr. Freebery's E-Discovery experience includes management of the largest and most compressed ESI production effort in the history of electronic discovery. He also has served as lead defensive discovery counsel and as a member of the client's IT Committee in a major pharmaceutical Multi-District Litigation, representing the client in the courtroom and on all aspects of E-Discovery management.

Before joining the firm, Mr. Freebery served as a Deputy Attorney General in the Criminal Division of the Department of Justice for the State of Delaware, where he first-chaired hundreds of bench and jury trials to verdict, including multiple prosecutions for capital murder.

Mr. Freebery is also a frequent lecturer at various litigation-oriented seminars.

Representative Matters

Obtained recent defense verdict for holding company and its subsidiaries against a $6.9 million breach of contract claim concerning the sale of plaintiff's business and an associated earnout agreement
Manages the defense of numerous national and multinational clients in complex mass tort litigations
Prosecuted a $50+ million commercial breach of contract case leading to lucrative settlement for client
Achieved dismissal of multi-million dollar action brought by Trustee of liquidating trust to recover distributions made to former shareholders