James Evangelista

Member


Jim Evangelista has over twenty five years of diverse, hands-on, complex financial fraud, commercial and class action litigation experience representing both plaintiffs and defendants in federal and state courts around the United States with extensive experience in electronic discovery matters. Jim has represented numerous corporate clients, bankruptcy trustees and county governments, and has been appointed to various leadership positions in class action matters, in a wide variety of complex, federal litigation.

  • State Bar of Georgia
  • State Bar of New York
  • State Bar of New Jersey
  • State Bar of Colorado
  • State Bar of the District of Columbia
  • United States District Court for the Northern District of Georgia
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the District of New Jersey
  • United States Court of Appeals for the First Circuit
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Eighth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • Palmer, As Liquidation Trustee For the Baxano Liquidation Trust v. Reali, et al, No. 15-CV-00994 (D.Del., Sept. 29, 2016) (denying defendants' motion to dismiss liquidating trustee complaint alleging officer breaches of fiduciary duty for unreasonable future revenue projections and corporate waste).
  • County of Cook v. HSBC North America Holdings, Inc. et al, 2015 WL 5768575, No. 14-CV-02031 (N.D.Ill., Sept. 30, 2015) (denying motion to dismiss on grounds of standing, statute of limitations and failure to state claim in FHA action alleging defendants’ continuing discriminatory housing practice since 2000 of mortgage lending, servicing and foreclosures).
  •  County Of Cook v. Bank of America Corporation et al, 2015 WL 1303313, No. 14-CV-02280 (N.D.Ill., March 19, 2015) (not reported in F.Supp.) (denying motion to dismiss on grounds of standing, statute of limitations and failure to state claim in FHA action alleging defendants’ continuing discriminatory housing practice since 2000 of mortgage lending, servicing and foreclosures).
  • DeKalb County et al v. HSBC North America Holdings Inc. et al, No. 12-CV-03640 (N.D.Ga., Mar. 3, 2015) (granting partial summary judgment in favor of plaintiffs’ position that statute of limitations had not begun to run on plaintiffs’ FHA action alleging defendants’ continuing discriminatory housing practice since 2000 of mortgage lending, servicing and foreclosures).
  •  DeKalb County et al v. HSBC North America Holdings Inc. et al, No. 12-CV-03640, 2013 WL 7874104 (N.D.Ga., Sept. 25, 2013) (slip op.) (denying motion to dismiss on grounds of standing, statute of limitations and failure to state claim in FHA action alleging defendants’ continuing discriminatory housing practice since 2000 of mortgage lending, servicing and foreclosures).
  • Jones, as Liquidating Trustee of Verso Technologies v. Tauber & Balser P.C., et al, 503 B.R. 162 (N.D.Ga., July 5, 2013) (granting motion re crime fraud exception to attorney client privilege and granting sanctions against accounting firm defendants that advised bankrupt public company).
  • Coast Buick GMC Cadillac, Inc. et al v. Mahindra & Mahindra, LTD., No. 12-CV-01935, 2013 WL 870060 (N.D.Ga., Mar. 7, 2013) (not reported in F. Supp. 2d) (denying defendant foreign auto manufacturer’s motion to dismiss fraud, negligent misrepresentation and conspiracy action).
  •  In re Verilink Corporation, 457 B.R. 832 (N.D.Ala. 2011) (reversing bankruptcy court’s repeated efforts to dismiss bankruptcy trustee action for breach of fiduciary duties, malpractice and civil conspiracy against law firm advising bankrupt former public company).
  • U.S. ex rel. Compton v. Circle B. Enterprises, Inc., No. 07-CV-32, 2011 WL 382758 (M.D.Ga., Feb. 3, 2011) (denying defendant mobile home manufacturer’s motion to dismiss qui tam false claims act litigation for defrauding federal government in sales of mobile homes following hurricane Katrina).
  •  Plymouth County Retirement Systems v. Carter’s, Inc. et al, No. 08-CV-2940, 2010 WL 299145 (N.D.Ga., Jan. 15, 2010) (denying motion to dismiss securities class action complaint).
  • Atwater v. National Football League Players Ass’n, NO. 06-CV-1510, 2007 WL1020848 (N.D.Ga., Mar. 29, 2007) (Slip Op.) (denying defendants' motion to dismiss business tort litigation).
  • Wagner v. First Horizon Pharmaceutical Corp., 464 F.3d 1273 (11th Cir. 2006) (reversing district court's refusal to permit repleading on securities fraud complaint).
  • Koehler v. Green, 370 F. Supp. 2d 904 (E.D. Mo. 2005) (granting defendants/motion to dismiss breach of fiduciary duty complaint).
  • In Re Novastar Financial Securities Litigation, No. 04-CV-0330W, slip op., 2005 WL 1279033 (W.D. Mo., May 12, 2005) (denying defendants' motion to dismiss securities fraud case).
  • J.D., Rutgers School of Law, May 1991.
  •  Articles Editor, Law Review.
  • Recipient, International Law Honors Award.
  • Quarter Finalist, Hunter Moot Court.
  • B.A., Rutgers University, May 1988.
  • Purdue University, September 1984-May 1986.
  • Polishing the Gold Standard on the E-Discovery Cost-Shifting Analysis: Zubulake v. UBS Warburg LLC et al, 9 J. Tech. L. & Pol'y 1 (2004).
  • Note, Toward a More Competitive Common Market: European Economic Community Council Regulation No. 4064/89, On the Control of Corporate Mergers Within the European Community, 22 Rutgers L.J. 457 (1991).
  • Comment, Cogdell v. Hospital Center At Orange, 22 Rutgers L.J. 255 (1990) (addressing New Jersey's entire controversy doctrine).
  • St. Marlo Homeowners Association Vice President & Board Member Duluth, GA 2015 – 2016 Premier gated swim & tennis community, approx. 1,000 homes, multi-million annual budget.
  • Grand Cascades Homeowners Association, Board Member, Suwanee, GA 2017.
  • SpringMont (f/k/a First Montessori School of Atlanta) Secretary & Trustee Sandy Springs, GA 2008 – 2014 Private 280 student Montessori school, grades K-8, multi-million annual budget.
  • National Horse Shows Association of America General Counsel, New York, NY 1994-1998 Provided pro bono legal advice to board of national organization with mission of promoting equestrian sports in the United States.