L. James Berglund II | People | Thompson & Knight LLP

Experience

James Berglund is a Partner in Thompson & Knight’s Trial Practice Group and serves as the Firm’s General Counsel. He represents clients before government agencies and in commercial litigation in federal and state trial courts. He focuses his practice on matters involving complex business claims, civil and criminal antitrust litigation, contract issues, fiduciary duty issues, healthcare fraud investigations, class action litigation, securities litigation, products liability, dram shop liability, and aviation law. He also counsels clients in the areas of commercial risk management, antitrust compliance programs, government investigations, joint ventures, securities fraud, derivative claims, and general business issues.

James’s administrative practice has included matters before the United States Department of Justice’s Antitrust and Healthcare Fraud Divisions.

Chambers USA 2011 described James as receiving “wide acclamation for his skill as a litigator,” and noted that he is “able to seize the crux of a case and move it toward getting the right result.”

Named to Texas Super Lawyers^® 2019 by Thomson Reuters

Received a top national ranking for Litigation-Antitrust in U.S. News - Best Lawyers^® “Best Law Firms” 2019

Representative Matters

Represented a major Texas hospital system and obtained a favorable verdict in an antitrust conspiracy case
Represented a large physician group in a two-month-long trial involving a physician-owned acute care hospital that was eventually closed as a result of alleged anti-competitive conduct under the Texas antitrust laws, as well as state-law claims for tortuous interference, fraud, and breach of contract
Ongoing representation of several companies in defending allegations of antitrust violations, conspiracy, and unfair business practices
Member of trial team that obtained a favorable verdict in a monopolization case in Houston
Represented insurance carriers in defending allegations of discriminatory pricing, price fixing, and conspiracy
Represented former shareholders in a lawsuit involving claims of fraud, breach of contract, securities fraud, and breach of fiduciary duty
Represented healthcare provider in defense of healthcare fraud investigation
Represented a major charitable organization in defending contractual disputes
Represented a Japanese manufacturer in several international contractual negotiations and a dispute resolution
Represented an aircraft manufacturer in commercial matters
Represented a major airline in defending claims related to various incidents
Represented a heavy equipment manufacturer in defending products liability claims
Represented trade associations

Prior Employment

Mitsubishi Heavy Industries, Ltd., International Legal Department, Tokyo, Japan, 2000-2001

News & Insights

Honors & Affiliations

Distinctions/Honors

Chambers USA by Chambers and Partners (Antitrust), 2011-2015
Litigation-Antitrust Lawyer of the Year, The Best Lawyers in America^® by Woodward/White Inc., 2020
The Best Lawyers in America^® by Woodward/White Inc. (Antitrust Law, Commercial Litigation, Litigation-Antitrust), 2010-2021
Texas Super Lawyers^® by Thomson Reuters (Antitrust Litigation), 2012-2019
Best Lawyers Under 40, D Magazine, 2002

Memberships/Affiliations

Member, State Bar of Texas, Antitrust and Business Litigation Section; Chair, 2012; Council Member, 2008-2011; Secretary/Treasurer, 2010-2011
Member, American Bar Association
Member, Dallas Bar Association; Antitrust Section; Health Law Section; Business Litigation Section; Chair, Antitrust Section, 2005; Chair, Speaker Committee, 2007
Member, Texas Association of Defense Counsel
Member, DRI-The Voice of the Defense Bar

Education & Admissions

Education

J.D., 1992, University of Kansas School of Law; Order of the Coif; Phi Kappa Phi; Member, Kansas Law Review; Associate Editor, Kansas Criminal Law Review; Recipient, American Jurisprudence Awards (Contracts I, Property I, Torts II)
B.S., 1986, University of Kansas

Admissions

Texas
All Texas Courts
U.S. Ct. of App., Fifth Circuit
U.S. Ct. of App., Tenth Circuit
U.S. Dist. Ct., E. Dist. Texas
U.S. Dist. Ct., N. Dist. Texas
U.S. Dist. Ct., S. Dist. Texas
U.S. Dist. Ct., W. Dist. Texas

Related Team

William M. Katz, Jr.

Partner

Antitrust