Jim Ducayet
- Securities and Shareholder Litigation
- Securities Enforcement and Regulatory
- Commercial Litigation and Disputes
JIM DUCAYET is a co-head of the firm’s Securities and Shareholder Litigation practice. He regularly advises public and private companies, corporate boards and individual directors and officers in high-stakes litigation, corporate governance and disclosure matters, and government and internal investigations.
Jim is an experienced trial lawyer and commercial litigator with a particular focus on corporate and securities litigation, D&O and derivative litigation, internal investigations and complex bankruptcy and financial litigation. He has tried numerous cases involving commercial disputes, regulatory and bankruptcy matters, and has appeared in federal and state trial and appellate courts across the country. Jim has also handled a range of regulatory investigations, including investigations by the Securities and Exchange Commission and the Department of Justice.
Jim’s work has earned him recognition from clients, peers and in leading legal industry publications. In 2019 and 2020, Chambers ranked Jim in Band 1 of the Litigation: Securities – Illinois category, saying he is recognized as a “highly credible name” and is described by clients as an “experienced securities litigator” with a “combination of both a reassuring demeanor and being analytical, so he is able to digest information and give guidance in a calm and rational way.” The Legal 500 says clients describe Jim as an “all-round great litigator” who “ensures all pieces of a defense strategy fit together” (2014–2017). In 2019, Jim was a runner up as “Litigator of the Week” in the American Lawyer’s Litigation Daily for his role in leading a trial team representing a debtor in a six-day trial before U.S. Bankruptcy Court for the Southern District of Texas that resulted in the approved of the debtor’s Chapter 11 Plan of Reorganization.
Jim is a global co-head of the firm’s Committee on Compensation and Evaluation of Associates. In addition, Jim is actively involved in the firm’s pro bono activities and serves on the board of Center for Independent Futures, an organization that helps individuals with disabilities through community living options, personal networks and lifelong planning and education.
Experience
- Representative Matters
Securities and Stockholder Litigation
Jim represents clients in securities litigation and related derivative litigation in federal and state courts across the country. Recent representative engagements include:
- A publicly traded specialty pharmacy in securities class action and derivative litigation in Illinois and Michigan federal court relating to disclosures in connection with direct and indirect rebate fees and revisions to guidance and goodwill impairments.
- A Fortune 200 manufacturer of personal care, consumer tissue and professional products in connection with securities and derivative litigation in federal court in New York arising out of its legacy healthcare business.
- A publicly-traded manufacturer of enterprise-level data capture and automatic identification products in defense of securities fraud and shareholder derivative litigation in federal court in Illinois.
- A Fortune 100 multinational manufacturer of heavy machinery in connection with federal and state stockholder litigation in federal and state court in Illinois and Delaware, including proxy fraud claims, relating to the company’s foreign tax practices.
- A Fortune 500 multinational quick-service restaurant company in securities fraud class action and related derivative litigation in federal and state court in Kentucky arising out of the company’s business in China.
- An insurance company in securities litigation in federal court in New York arising out of the company’s write down of goodwill.
Mergers and Acquisitions/Transactional Litigation
Jim’s transactional litigation experience includes substantial work advising directors and management and litigating actions brought against bidders and targets (and their board of directors) challenging the terms of and disclosures regarding proposed and closed transactions. Recent notable representations include:
- A special committee of a global beauty company in connection with litigation arising out of a tender offer by a significant stockholder.
- A leading specialty retailer of waterlife-related products and its board of directors in connection with merger litigation in California and Delaware federal and state court.
- An automotive components and parts supplier in connection with merger and appraisal litigation in Delaware Court of Chancery and federal court.
- A manufacturer of beverage brewing systems and its board of directors in expedited merger litigation in Delaware Court of Chancery.
- A multinational spirits company and its board of directors in connection with numerous multi-jurisdictional litigations brought following the announcement of a US$16 billion acquisition by a Japanese spirits company. Cases were filed in Illinois and Delaware state courts.
- An insurance company in connection with multi-jurisdictional litigation brought against the company and its board of directors following the announcement of its acquisition by a Chinese insurance firm.
Commercial Litigation and Trial Experience
Jim has significant commercial litigation and trial experience, including:
- Lead trial counsel representing an oil and gas producer in a six-day trial before U.S. Bankruptcy Court for the Southern District of Texas. Over the objection of the Unsecured Creditors’ Committee, the court approved Legacy’s Chapter 11 Plan of Reorganization.
- Lead trial counsel representation of a credit card processor in contract dispute arising out a data security breach, including successful defense of a motion for a preliminary injunction.
- Representation of lenders in connection with enforcement of a judgment in excess of US$425 million in connection with contractual guaranty associated with an automotive parts manufacturer.
- Lead trial counsel for former senior executives of a medical supply company in a five-week trial involving ERISA claims in federal court in California resulting in a favorable judgment.
- Trial counsel for a large Canadian bank in a six week jury trial in the Southern District of Florida in connection with claims involving securitization facility, resulting in favorable jury verdict.
- Trial counsel for a debtor in a three-week trial involving a confirmation of a contested Chapter 11 Plan of Reorganization in U.S. Bankruptcy Court for the District of Delaware.
- Trial counsel for stockholders in a closely held corporation involving alleged breaches of fiduciary duty in Illinois state court resulting in a favorable directed verdict granted after close of plaintiffs’ case-in-chief at trial.
Capabilities
- Securities and Shareholder Litigation
- Securities Enforcement and Regulatory
- Commercial Litigation and Disputes
- Business Torts
- Contract Litigation
- Financial Institutions Litigation
- Financial Reporting and Disclosures
- Insider Trading
- Internal Investigations
- Private Securities Litigation
- Trial Litigation
- M&A Litigation
- Shareholder Activism
News & Insights
Credentials
Admissions & Certifications
- U.S. Court of Appeals, 6th Circuit
- U.S. Court of Appeals, 7th Circuit
- U.S. Court of Appeals, 9th Circuit
- U.S. District Court, M.D. of Florida
- U.S. District Court, N.D. of Illinois - General
- U.S. District Court, N.D. of Illinois - Trial Bar
- U.S. District Court, E.D. of Michigan
- U.S. District Court, E.D. of Wisconsin
- Illinois
- New York
Education
- New York University School of Law, J.D., 1994 (magna cum laude, Order of the Coif, Senior Articles Editor, New York University Law Review)
- The University of Chicago, B.A., 1991 (with honors, Phi Beta Kappa)
Clerkships
- Miriam Goldman Cedarbaum, U.S. District Court, S.D. of New York (1994 - 1995)