James Rosenthal is Wilkinson Stekloff’s Managing Partner. James has a quarter century of experience representing major companies in “bet the company” litigation in trial and appellate courts across the country. He was named as a 2020 National Law Journal Winning Litigator.
Before joining the firm in 2018, James was Vice President and Associate General Counsel at Altria Client Services, where he managed the class action litigation facing the Altria family of companies, including Philip Morris USA. During his tenure, Philip Morris USA tried four class actions to successful outcomes and eliminated its active class action docket. James also supervised a variety of product liability, regulatory, and commercial litigation.
Before joining Altria in 2011, James was a partner at Arnold & Porter LLP, where he specialized in class action and other aggregate litigation. James was ranked by Chambers for Product Liability & Mass Torts from 2009 through 2011.
Representative matters since joining Wilkinson Stekloff include:
- Member of trial team, including primary responsibility for directing legal strategy, in a multi-state class action, tried in February 2019, that accused Bayer Corporation of using misleading claims to market One A Day multivitamins. The jury returned a complete defense verdict in less than two hours.
- Member of trial team for the NCAA in lawsuits brought by current and former student-athletes challenging, under the Sherman Act, NCAA rules limiting the level of athletics-based financial aid and benefits that student-athletes may receive. The Court’s opinion reaffirmed the procompetitive value of the NCAA’s rules limiting pay for student-athletes while enjoining certain limitations on benefits that student-athletes may receive. An appeal is pending.
- Represented Forest Laboratories in In re Namenda Direct Purchaser Antitrust Litigation, a certified antitrust class action in the Southern District of New York involving a groundbreaking treatment for dementia in Alzheimer’s patients. Plaintiffs claimed that Forest made an anticompetitive “reverse payment” to settle a generic drug manufacturer’s challenge to Namenda, and that Forest unlawfully tried to effectuate a “hard switch” between a twice-daily and once-daily version of Namenda. Plaintiffs claimed approximately $21 billion in trebled damages; the case settled the night before trial for less than 5% of that amount.
- Along with colleague Amelia Frenkel, appointed by the D.C. Circuit Court of Appeals to argue the position of a pro se litigant whose claims that the U.S. State Department had discriminated against him in promotion decisions had been dismissed on summary judgment by the district court. After “thank[ing] Rosenthal and Frenkel for ably discharging their duties,” the D.C. Circuit reversed the entry of summary judgment and reinstated the litigant’s claims against the State Department. Represented the plaintiff on remand, obtaining summary judgment on liability and settling the claims.
- Along with colleague Xiao Wang, represented a criminal defendant in a challenge of his sentence in the Sixth Circuit. The court determined that the client’s sentence was substantively unreasonable, in a groundbreaking decision holding that the client’s prior criminal record “bore no meaningful relationship” to his sentence. United States v. Lee, 974 F.3d 670, 677 (6th Cir. 2020).
- Currently representing Altria in antitrust and consumer protection claims pending in the Northern District of California and before the Federal Trade Commission related to Altria’s minority investment in JUUL Labs.
- Currently representing the Executive Council of the Habematolel Pomo of Upper Lake in Hengle v. Asner, a purported federal consumer class action filed in the Eastern District of Virginia in April 2019.
- Co-author, But The Government Said Ok, LEGAL TIMES (2007)
Should Courts Impose RICO’s Pretrial Restraint Measures On Substitute Assets?, 93 MICH. L. REV. 1139 (1995)