James Altman has successfully tried cases and arbitrations and argued appeals in a wide variety of civil cases across the country.  In addition to general commercial matters, Mr. Altman has concentrated a substantial portion of his time on issues of professional liability and legal ethics and the representation of foreign entities and individuals in domestic litigation.

Representative Experience

• Successful representation of an English law firm in an adversary proceeding brought by a Chapter 7 bankruptcy trustee to void and recover fraudulent transfers, In re. Alphastar Ins. Group, Ltd., Adv. Pro. No. 06-01524 (SMB) (Bankr.S.D.N.Y.);
• Obtained $32.5 million in settlement from corporate officers and directors of a bankrupt Bermuda company based upon breaches of fiduciary duty and bankruptcy law, In re. Asia Global Crossing, No. 02 B 15749 (SMB), et seq., (Bankr.S.D.N.Y.);
• Dismissal of complaint against foreign bank corporation under the Foreign Sovereign Immunities Act, Allstate Ins. Co. v. Banco Do Estado Rio Grande Do Sul, 2004 WL 1398437 (S.D.N.Y. 2004);
• Confirmation and enforcement of international arbitration on behalf of Islamic foreign investment vehicle against foreign corporation, see Westbury Holdings Inc. v. MFAI (Jersey) Ltd, et al., Index No. 600418/03 (S.Ct.N.Y.Co.);
• Representation of corporation in accounting malpractice and fraud claim against Big 5 accounting firm, In re Cendent Corporation Securities Litigation, 139 F. Supp.2d 585 (D.N.J. 2001);
• Successful defense of a municipality against a regulatory takings challenge to a zoning ordinance, Bonnie Briar Syndicate, Inc., v. Town of Mamaronek, 699 N.Y.S.2d 721 (Ct. App. 1999);
• Judgment for $15 million against conspirators in fraudulent investment scheme, see Codapro Corp. v. Wilson, et al.,1997 F.Supp. 322 (E.D.N.Y. 1998); Cleft-of-the-Rock Foundation v. Wilson, 992 F.Supp. 574 (E.D.N.Y. 1998);
• Obtain pre-judgment attachment of New York bank account of Venezuelan real estate developer as security for payment in connection with Venezuelan litigation, Carlos Godoy, C.A. v. Ciudad Comercial Porlamar, C.C.P., C.A., Index No. 604768/98 (S.Ct.N.Y.Co.);
• Victory in a three-week, $90 million RICO jury trial and the subsequent appeal, see Riverwoods Chappaqua Corp. v. Marine Midland Bank, 30 F.3d 339 (2d Cir.1994);
• Successful defense of corporate officer in stockholder derivative suit, In re American Express Co. Shareholder Litigation, 840 F. Supp. 180 (S.D.N.Y. 1993);
• An appellate victory over the Federal Election Commission in FEC v. Sailors’ Union of the Pacific, 828 F.2d 502 (9th Cir. 1987).

Mr. Altman has developed both a broad and deep understanding about the professional obligations of lawyers as the result of his chairmanship of the New York State Bar Association’s Committee on Attorney Professionalism, his active tenure on the professional ethics committees of that Association and of the City Bar, his teaching as an adjunct professor at the Brooklyn Law School, and his regular columns on ethics in the New York Law Journal.  He has represented or sued lawyers in malpractice cases, fraud cases, RICO actions, ERISA actions, sanction cases, professional disciplinary proceedings, and disqualification motions. He is often consulted by lawyers for his ethical advice and opinions about lawyers’ professional obligations and liabilities and has served as an expert witness on such issues.

Mr. Altman also has experience in representing foreign entities, such as banks, private equity funds, airlines and other corporations, sued or suing in this country.  He has represented such entities in pre-judgment attachment proceedings, international arbitrations, post-arbitration enforcement proceedings, and commercial lawsuits.  He has defended foreign entities and individuals using attacks on personal and quasi-in–rem jurisdiction, the Foreign Sovereign Immunities Act, and conflict of laws.

Publications

• "Which Ethics Rules Govern," New York Law Journal, April 11, 2003

• "An Associate’s Duty to Supervise Non-Lawyers," New York Law Journal, Oct. 11, 2002

• "Professional Obligations of Lawyers-to-Be," New York Law Journal, Jan. 11, 2002

• "Providing Services for Pro Se Litigants," New York Law Journal, Sept. 7, 2001

• "Buying a Law Practice," New York Law Journal, May 18, 2001

• "A Young Lawyer’s Nightmare," New York Law Journal, Feb. 16, 2001

• "Ethical Problems Caused By Job Searches," New York Law Journal, Oct. 20, 2000

• "The Secret About Secrets," New York Law Journal, July 14, 2000

• "Handling Disputes With Supervisors," New York Law Journal, April 14, 2000

• "Clarifying Your Client’s Identity," New York Law Journal, Dec. 10, 2000

• "Associate Whistle Blowing," New York Law Journal, Sept. 10, 1999

• "Trouble with the Bottom Line," New York State Bar Journal, Vol. 68, No. 7, 6, 1996

• "Witness Preparation Conflicts," 22 Litigation 38, 1995

• "Considering the ABA’s 1908 Canons of Ethics," 71 Fordham L. Rev. 2395, 2003

• "Modern Litigators and Lawyer Statesmen," 103 Yale Law Journal 1031, 1994

• "Antitrust: A New Tool for Organized Labor," 114 University of Pennsylvania Law Review 127, 1982

• "Implementing a Civil Rights Injunction: A Case Study of NAACP v. Brennan," 78 Columbia Law Review 738, 1978

• Book Review, " The Practice of Justice," by William H. Simon, New York Law Journal, July 24, 1998

• Book Review, "Beyond All Reason: The Radical Assault on Truth in American Law," by Daniel A. Farber and Suzanna Sherry, New York Law Journal, Feb. 3, 1998

• Book Review, "Legal Reasoning and Political Conflict," by Cass R. Sunstein, New York Law Journal, June 7, 1996

• Book Review, "My Life as a Radical Lawyer," by William M. Kuntsler, New York Law Journal, Jan. 24, 1995

• Book Review, "The Lost Lawyer," by Anthony T. Kronman, New York Law Journal, Nov. 30, 1993

Professional Affiliations

• New York State Bar Association – Committee on Professional Ethics, 1999- 2007; Chair, Committee on Attorney Professionalism, 2002-2008, Member, Committee on Attorney Professionalism, 1994- ; Special Committee to Review Mandatory CLE, 1998-2005

• The Association of the Bar of the City of New York – Committee on Professional and Judicial Ethics, 1994-1997

• American Bar Association – Committee on Labor and Employment Law; Labor and Antitrust Law Subcommittee, Co-chairman, 1985-1988

Civic Involvement and Distinctions

• Brooklyn Law School – Adjunct Professor of Law, 1996-1998

• Member of the Departmental Disciplinary Committee of the First Judicial Department, January 1, 2009 to date