www.mccarter.com
  BOSTON / HARTFORD / NEW YORK / NEWARK / PHILADELPHIA / STAMFORD / WILMINGTON


  James J. Freebery
Partner


PRACTICES
Business & Financial Services Litigation , E-Discovery, Product Liability

CONTACT
Renaissance Centre
405 N. King Street, 8th Floor
Wilmington, DE 19801

Tel. 302.984.6306

Fax. 302.984.2492

jfreebery@mccarter.com


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

ADMITTED TO PRACTICE
Delaware
U.S. District Court, District of Delaware
U.S. Court of Appeals, Third Circuit


MEMBERSHIPS AND
PROFESSIONAL ACTIVITIES

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
 

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 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.


SPEAKING

James J. Freebery is 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
  • Successfully resolved suit, and accompanying government investigation, against registered investment advisor in $40+ million suit challenging investments
  • Achieved summary dismissal of a major check fraud case brought against bank by depositor
  • Earned dismissal of federal civil RICO complaint against multiple defendants
  • Represented large domestic corporation and international subsidiaries in defense of serious industrial products liability accident case