Introduction

Bankruptcy, business litigation, debtor/creditor remedies and commercial law are Jim’s areas of practice. He is a fellow of the American College of Bankruptcy and has been listed in all editions since 1989 of “Best Lawyers in America.” Jim is also an active speaker for continuing legal education programs both locally and nationally. He was lead attorney for the Turnaround Management Association’s National Transaction of the Year in 2009 (mid-size), for the Upper Midwest Chapter’s Transaction of the Year in 2006, and for Chicago/Midwest Small/Medium Transaction of the Year in 2006.

In addition, Jim is very active in bar leadership programs and pro bono legal activities having received national honors for his work and chaired for three years the ABA’s Standing Committee on Lawyer’s Public Service Responsibility. He is a past President of the 7,500 member Hennepin County Bar Association. He is past President of the 15,000 member Minnesota State Bar Association.

Education

• University of Chicago Law School, J.D., 1967
• University of Chicago, A.B., 1964

Bar Admissions

• Minnesota, 1967
• U.S. Court of Appeals, Eighth Circuit, 1969
• U.S. Court of Appeals, Fifth Circuit, 1980

Practice Areas

• Bankruptcy, Restructuring & Workouts
• Litigation
• Private Equity & Venture Capital

Selected Publications & Presentations

• “Committee Solicitation Issues - The Problems, the Rules and the Enforcers,” 83rd Annual National Conference of Bankruptcy Judges, Las Vegas, Nevada, October 18-21, 2009
• “Waiver of Bankruptcy Protections in Pre Bankruptcy Workout Agreements,” Chapter 21, Second Edition of the Business Workouts Manual, Supplement; Thomson Reuters/West, 2008 and prior editions
• Editor-In-Chief of 2008 and five prior editions, Minnesota CLE Debtor-Creditor Handbook and author of chapters on attachment and replevin
• “Changes in the New Bankruptcy Law Affecting Business Bankruptcies,” Turnaround Management Association’s Seminar, June 15, 2006
• “Purchasing at the Bankruptcy Bazaar,” Minnesota Continuing Legal Education, 2002
• “Advising the Public Company in the Vicinity of Insolvency,” MILE, 2002
• “Bankruptcy Legislation 2001,” Minnesota Continuing Legal Education
• “An Answer to the New Value Question (Or What Has Happened Since Ahlers, Greystone and Lumber Exchange),” course materials and lecturer for 1998 Bankruptcy Institute, September 23, 1998 (with Michael R. Stewart)
• “Commercial Lending, Lender Liability and Bankruptcy” seminar; Negotiating the Chapter 11 Plan of Reorganization; March 19, 1998
• “Solving the Practical Problems of Pro Bono,” National Conference of Bankruptcy Judges, 1999 (San Francisco, California)
• Editor, “How to Begin a Pro Bono Program in Your Bankruptcy Court:  A Starter Kit for Lawyers and Judges,” ABA Section of Litigation and ABA Section of Business Law, 1999
• “Debtor and Creditor Law” (course chair), 1996, 1999, 2001 and 2003, 2006, and 2008 (each year the course has been given since 1996), Minnesota Continuing Legal Education
• Bankruptcy Institute, 1985, 1986, 1987, 1988, 1990, 1991, 1992, 1993, 1994, 1995, 1998, 2001; Minnesota Continuing Legal Education
• “Pitfalls of Lending to Distressed Companies,” MILE, 1996
• “A Privatization Solution to the Legitimacy of Prepetition Waivers of the Automatic Stay,” Arizona Law Review, Spring 1996
• “Representing Your Client in Mediation in Bankruptcy Court,” 1995, Minnesota, Continuing Legal Education
• “The Law Firm and the Public Good,” Brookings Institute Program, 1995 (Washington, D.C.)
• “Commercial Lending and Lender Liability,” 1995, Minnesota Continuing Legal Education
• “The Bankruptcy Reform Act of 1994,” 1994 Minnesota Continuing Legal Education
• “In the Spirit of Public Service:  Model Rule 6.1, the Profession and Legal Education,” Law and Inequality: A Journal of Theory and Practice, University of Minnesota, December 1994
• “Prepetition Waiver of Bankruptcy Petitions,” ABA Section of Business Law, 1993 (Orlando, Florida)
• “How To Do A Motion in Bankruptcy Court,” 1993, Minnesota CLE Bankruptcy Institute
• “Bankruptcy Lawyers, Bankruptcy Judges and Public Service,” Paper of National Conference of Bankruptcy Judges, 1993
• “Hostile Purchases of Assets and Creditors’ Plans,” 1992, Minnesota CLE Bankruptcy Institute
• “Lender Liability,” 1991, National Business Institute
• “The Role of the PBGC in Restructuring,” 1991 (New York), Institute for International Research
• “The Role of the Board in Turn Arounds,” 1990 (Washington, D.C.), National Association of Corporate Directors
• “Financial Institutions Law,” 1987, 1988, 1996, MILE
• “Bankruptcy Litigation and Practice,” 1986, 1987, PESI, Inc.
• Draftsman, claim and delivery (Replevin) statute, adopted by Minnesota Legislature in 1979; draftsman, attachment statute adopted by the Minnesota Legislature, 1985 (also adopted in Arkansas)

Professional Activities

• American Bar Association, Special Committee on Disaster Response and Preparedness, 2006-present, Chairperson, 2007-present
• American Bar Association, Section Council (Section of Business Law of ABA), 2003-2006; Publications Board (Section of Business Law of ABA); Chair, Pro Bono Committee (Section of Business Law of ABA), 1999-2003; Subcommittee Chair, Business Bankruptcy Committee of ABA Section of Business Law; Editorial Board, Business Law Today (Journal of Section of Business Law of ABA), 1993-1998; Co-editor, Bankruptcy Litigation (Newsletter of the Bankruptcy and Insolvency Committee of Litigation Section of the ABA), 1993-1995
• American Bar Association, Standing Committee on Lawyers’ Public Service Responsibility, 1991-1996; Chairperson, 1993-1996
• Minnesota State Bar Association, President, 2003-2004; President-elect, 2002-2003; Treasurer, 2001-2002; Secretary, 2000-2001; Chairperson, Bankruptcy Section, 1985-1988; Committee on Legal Assistance to the Disadvantaged, 1981-1993, Co-chairperson, 1982-1985; Litigation and Business Law Sections
• Minnesota Supreme Court Legal Services Advisory Committee, 1982-1990, Chairperson, 1985-90
• Hennepin County Bar Association, President, 1996-1997; President-elect, 1995-1996; Treasurer, 1993-1995; Secretary, 1992-1993; Chairperson, Debtor-Creditor Remedies Committee, 1977-1979
• Hennepin County Bar Association and Legal Advice Clinics, Inc., Board of Directors, 1972-1983, 1991-1993, Chairperson, 1980-1981

Judicial Clerkship

• U.S. District Court for the District of Minnesota, 1967-68

Honors & Distinctions

• Recipient of the Minnesota State Bar Association’s David Graven Public Service Award, April 2009
• Turnaround Management Association, National Transaction of the Year (mid-size), 2009
• Turnaround Management Association, Upper Midwest Chapter, Transaction of the Year, 2006
• Turnaround Management Association, Chicago/Midwest Chapter, Transaction of the Year, 2006
• Recipient of the William Reece Smith Jr. Special Services to Pro Bono Award, March 2006
• Fellow, American College of Bankruptcy, 1997-present
• Fellow, American Bar Foundation, 1995-present
• President, Minnesota State Bar Association, 2003-2004
• Board of Directors, Upper Midwest Chapter of Turnaround Management Association, 1998-2003
• American Bar Association Litigation Section’s John Minor Wisdom Award for Professionalism and Public Service, 1999
• President, Hennepin County Bar Association, 1996-97
• Hennepin County Bar Association, Pro Bono Publico Award, 1992 (first year awards given)
• American Bar Association National “Pro Bono Publico” Award, 1984 (one of four national recipients the first year the awards were given)
• Minnesota Legal Services Coalition, Pro Bono Publico Attorney Award, 1983
• 2011 Minnesota Super Lawyer, Minnesota Super Lawyers magazine
• Best Lawyers in America, every edition since 1989 (Nominated by peers)