James C. Cosby

Overview

Jim Cosby is an experienced trial lawyer and strategic advisor who serves as lead trial advocate, primary outside counsel, and managing counsel for a diverse range of regional and national clients. He regularly represents clients in matters concerning professional liability, financial services, labor and employment, bankruptcy, construction and development, and a variety of complex business disputes. Jim has tried numerous cases involving corporate and shareholder claims, securities, creditors rights, and various business torts. He has successfully handled cases before state and federal courts across a number of jurisdictions. His practice has included representing the prevailing party in his last five arguments before the Supreme Court of Virginia.

Jim and his team have been engaged to support or replace prior counsel where the client had become concerned with strategy, interim results, or costs. These engagements concluded in each case with outright wins or satisfactory settlements. His experience also includes representing clients before regulatory and enforcement agencies and in arbitration and mediation. His practice regularly involves advising clients on transactions and agreements resulting from the successful resolution of disputes, as well as the avoidance of such disputes.

Jim’s clients have included national and regional banks, brokerages, wealth management and investment advisory companies, developers, and employers across a broad spectrum of businesses. He serves as Co-chair of the firm’s Financial Services and Securities practice group. Jim began his career as Judicial Law Clerk to The Honorable Charles S. Russell of the Supreme Court of Virginia. He has regularly lectured in the areas of advanced trial practice and arbitration.

Experience

• TRU Creditor Litigation Trust v. Brandon, et al. (In re Toys “R” Us), Adv. No. 20-03038-KLP (Bankr. E.D. Va., June 27, 2022): as co-counsel to the officers and directors of Toys R Us, obtained pretrial dismissal of a claim arising from the authorization of DIP Financing at the initiation of the company’s bankruptcy, dismissing a claim that sought over $700M, as reported in Law 360 and The Wall Street Journal
• AV Automotive, LLC (Rosenthal Automotive Group) et. al. v. Bavely, et al., Case No. CL-2019-02804 (Circuit Court for the County of Fairfax, Va., Nov. 2, 2022): representing a co-defendant, obtained dismissal of claims following a three-month jury trial on seven consolidated cases
• Deutsche Bank Trust Company Americas v. Gymboree Group, Inc. et al., Case No. 3:20cv419 (E.D. Va. Aug. 16, 2021): represented Gymboree Group, its corporate affiliates and senior management, against tort claims brought by Deutsche Bank arising from transfers of funds in connection with the companies’ prior bankruptcy, obtained defense judgments for all clients; dismissals were affirmed on appeal to the U.S. District Court
• Served as co-managing counsel for national broker dealer in ongoing arbitrations concerning alternative and market-linked structured investments
• Served as primary outside counsel in representation of a national brokerage firm in numerous arbitration cases concerning structured investments brought across seven states

Honors, Publications, & Speeches

Honors

• AV Preeminent Peer Review Rating, Martindale-Hubbell, 2008 to Present
• Virginia Super Lawyer, Business Litigation, Securities Litigation, Thomson Reuters, Super Lawyers, 2006-2024
• Leaders in the Law, Virginia Lawyers' Media, 2012
• Legal Elite, Civil Litigation, Appellate, Labor & Employment, Virginia Business
• Fellow, Virginia Law Foundation

Publications

• Co-Author, “Arbitration: Beyond the Basics,” Virginia Continuing Legal Education, Law Foundation, 2021

Speeches

• Speaker/Moderator, “Arbitration: Beyond the Basics,” Virginia Continuing Legal Education, Law Foundation, 2021
• Adjunct Professor of Law, University of Richmond Law School, Advanced Trial Practice, 2000 to Present

News

Professional

• Member, Joint Committee on Alternative Dispute Resolution (JADRC) Chair, 2018-2019, Virginia State Bar

• Member, Governor's Policy Council on Commerce and Trade, Governor Ralph Northam
• Member, Board of Directors, University of Richmond Law School Association
• Member, Executive Committee, John Marshall American Inn of Court
• Member, Board of Directors, Metropolitan Richmond Bench-Bar Conference Co-chair; various other committee chairmanships, Bar Association of the City of Richmond
• Member, Compliance & Legal Division, Securities Industry & Financial Markets Association (SIFMA)
• Member, Panel of Arbitrators, Financial Industry Regulatory Authority (FINRA)
• Chairman, Richmond Fisher House Foundation
• Member, Leadership Metro Richmond (LMR)
• Reserve Officer, U.S. Army, 1982-1994
• Member, American Bar Association