James J. Regan

Partner

  • James J. Regan
  • Phone: +1 212 404 8735

    Import to Address Book

  • Duane Morris LLP
    230 Park Avenue, Suite 1130
    New York, NY 10169-0079
    USA
  • Duane Morris LLP
    1540 Broadway
    New York, NY 10036-4086
    USA

James Regan is the co-managing partner of the New York office and vice chair of the Securities Litigation division of Duane Morris’ Trial Practice Group. Mr. Regan is a trial lawyer with extensive experience in a broad range of complex litigation actions, including matters involving securities, credit card fraud liability, insurance coverage, ERISA, copyright, trademark, trade secrets, and defamation.

Mr. Regan handles litigation matters for major financial service institutions and banks. He has significant experience managing complex litigation from pre-filing case assessments through trial, including managing multi-jurisdictional litigation, working extensively with experts in securities matters, forensic accountants, and jury consultants.

Mr. Regan also has substantial experience advising clients and litigating a breadth of issues in the payment industry, achieving favorable outcomes on a broad range of issues, from data security breaches, chargeback liability, merchant risk management, Regulation Z compliance, and card brand rules disputes. 

Mr. Regan began his career as a Skadden Fellow with the Legal Aid Society, where he had the opportunity to appear almost daily in court and conduct numerous trials, an experience that solidified his passion for trial practice. He also served as judicial law clerk to the Hon. Victor Marrero of the U.S. District Court for the Southern District of New York.

Mr. Regan has an active pro bono practice, focused on representation of low-income tenants in eviction actions, and serves as a volunteer lawyer in Brooklyn housing court.

Mr. Regan is a cum laude graduate of Fordham Law School, where he was a Stein Scholar, and a Crowley Scholar, and writing and research editor for the Fordham Law Review. He is also a magna cum laude graduate of Georgetown University.

Areas of Practice

  • Litigation and Dispute Resolution
  • Intellectual Property and Media Law
  • Insurance and Professional Liability

Admissions

  • New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. Court of Appeals for the Second Circuit

Education

  • Fordham University School of Law, J.D. cum laude, 2002
    - Writing and Research Editor, Fordham Law Review
    - Crowley Scholar in International Human Rights
    - Stein Scholar in Public Interest Law and Ethics
    - Order of the Coif
  • Georgetown University, B.A., magna cum laude, 1994

Experience

  • Duane Morris LLP
    - Partner, 2020-present
  • Satterlee Stephens LLP
    - Partner, 2011-2020
    - Associate, 2007-2010
  • U.S. District Court for the Southern District of New York
    - Law Clerk to the Hon. Victor Marrero, 2006-2007
  • Sidley Austin LLP
    - Associate, 2005-2006
  • Community Law Office, Legal Aid Society
    - Skadden Fellow, 2002-2004

Professional Activities

  • Association of the Bar of the City of New York
    - Federal Courts Committee

Selected Speaking Engagements

  • Presenter, "Mitigating Securities Litigation Risks in the COVID Era: Understanding the Latest Regulatory Guidance and Trends in Shareholder Class Actions, SEC Enforcement Proceedings," Duane Morris COVID-19: Navigating Forward Webinar Series, May 12, 2021

Representative Matters

    Securities and Class Actions

  • Represented investment fund in multi-plaintiff, coordinated actions asserting breach of fiduciary duty and related ERISA claims stemming from fund collapse.

  • Represented former CFO in multiple securities fraud class actions asserting Ponzi scheme against former employer.

  • Represented insurance company in MDL class action litigation, including proceedings before the JPML panel, resulting in successful dismissal of all claims in a decision affirmed by the Ninth Circuit.

  • Represented credit rating agency in securities litigation in connection with its ratings of structured finance products, including RMBS and CDO securitizations.

  • Represented investment bank in connection with FIRREA claims brought by DOJ over the sale of securities, responsible for managing third party discovery.

  • Represented and successfully argued appeal on behalf of CDO indenture trustee before the New York Appellate Division, First Department.

  • Obtained a jury verdict in favor of defendant securities trader in multi-million dollar dispute over contractual liability for trading losses.

  • Banking and Card Payment Industry

  • Represented credit card acquiring bank in recovering losses stemming from chargebacks due to merchant bankruptcy and merchant fraud.

  • Obtained a jury verdict in favor of plaintiff bank in insurance litigation relating to credit card loss coverage liability in S.D.N.Y.

  • Represented bank in multi-party consolidated litigation stemming from data processor security breach of credit cardholder information.

  • Defend bank against negligence claims relating to check kiting scheme.

  • Represented bank in contractual dispute over proper calculation of credit card transaction fees.

  • Media, Publishing and Intellectual Property

  • Represented medical publisher against Lanham Act claims brought by drug manufacturer in District of New Jersey.

  • Represented credit card acquiring bank in defamation action brought by terminated merchant.

  • Represented and favorably resolved claims against reality TV show producer and distributor in trademark infringement action.

  • Represented and successfully argued appeal on behalf of newspaper and reporter in defamation action before New York Appellate Division, First Department.

  • Counseled virtual learning environment developer on intellectual property transactions in foreign jurisdictions.

  • Private Equity

  • Represented private equity fund in litigation with former chief investment officer in business separation dispute.

  • Represented portfolio companies and acquiring private equity entity in $60 million ERISA withdrawal liability action in Northern District of Illinois.

  • Represented private equity entity in dispute with seller over terms of stock purchase agreement.

  • Counseled private equity company in analyzing litigation liabilities in connection with contemplated take over.