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  • 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, Ninth Circuit
  • U.S. Court of Appeals, Third Circuit

Memberships & Affiliations

Former Criminal Deputy Attorney General for the State of Delaware

Carpenter-Walsh Delaware Pro Bono Inn of Court

Delaware State Bar Association

Delaware Volunteer Legal Services

Richard S. Rodney Inn of Court

St. Thomas More Society

Office of the Child Advocate

Notre Dame Club of Delaware

Delaware Military Academy Football

Elsmere Boxing Club

Kennett-Unionville Titans Youth Football

Thomas McKean High School Football

James J. Freebery

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  • T: 302.984.6306
    F: 302.984.2492

Mr. Freebery is a trial lawyer. His practice concentrates on product liability matters, mass torts, and complex commercial and white collar cases. He represents large and mid-market businesses and corporations in state and federal courts in Delaware and nationwide.

Much of Mr. Freebery’s time is devoted to serving as national coordinating counsel and discovery counsel to multinational pharmaceutical companies in high-stakes mass tort product liability actions. He plays a central, hands-on role directing and implementing overall litigation and trial strategy, and preparing top executives for testimony. Mr. Freebery also has extensive experience advising clients on strategic litigation and settlement decisions – as well as litigation avoidance – in commercial matters.

In multiple nationwide litigations, Mr. Freebery has served on the defense steering committee as lead defensive discovery counsel, both appearing in the courtroom and managing all aspects of e-discovery. His experience in this area includes management of what was at the time the largest and most compressed e-discovery production effort ever. He is a member of the Sedona Conference Working Group on Electronic Document Retention and Production.

An active leader at the firm, Mr. Freebery is serving in his second term on McCarter’s Executive Committee and is the EC’s liaison to McCarter’s award-winning Women’s Initiative and the Diversity and Inclusion Committee.  He also serves on the firm’s Compensation Committee, E-Discovery Committee  and Green Initiative.

Before joining the firm, Mr. Freebery was 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.

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