James Masella’s practice centers on complex securities litigation, white collar criminal, and commercial matters. His clients include corporations and individuals with civil and regulatory matters before trial and appellate courts and regulatory agencies across the country. He regularly handles litigation arising from matters involving trusts and estates, including matters before New York’s Surrogate’s Court.
Jamie has more than two decades of experience representing clients in investigations by the New York Stock Exchange, Financial Industry Regulatory Authority, the SEC, and the U.S Commodity Futures Trading Commission (CFTC). He has litigated many cases stemming from M&A transactions.
Experience
Representative Matters
- Defended an indenture trustee against a challenge to fees charged and incurred by it in the Nortel bankruptcy proceedings in the United States and Canada. Specifically, two hedge funds contended that approximately 50 percent of the fees charged and incurred by the indenture trustee should not be permitted. After expedited discovery, briefing, and an evidentiary hearing, the court largely rejected the challenge, holding that the indenture trustee was entitled to collect (i) 100 percent of its fees; (ii) 100 percent of Canadian counsel’s fees; and (iii) 95.5 percent of current U.S. counsel’s fees. Further, the court held that the Indenture Trustee could recover 100 percent of the fees it incurred in defending against the fee objectors’ challenge.
- Won a jury verdict in New York State Supreme Court on behalf of the defendant and counterclaim plaintiff in a case alleging breach of contract and violation of a restrictive covenant. After less than a day of deliberation, the jury found in favor of Jamie’s client on both the claims against it and its counterclaims.
- Successfully represented a defendant and counterclaim plaintiff in a case alleging breach of an exclusive distributorship agreement. An American Arbitration Association (AAA) panel ruled unanimously in favor of Jamie’s client on both the claims against it and its counterclaims.
Professional Highlights
Pro Bono Experience
Jamie maintains an active pro bono practice with at least one matter active at any given time. Recently, he handled a pro bono matter concerning a malicious prosecution claim against a New York City Police detective arising from criminal charges that were pending against the plaintiff for 17 years before their eventual dismissal. Jamie and his co-counsel negotiated a settlement under which the client will receive $365,000.
Judicial Clerkships
Hon. David N. Edelstein, U.S. District Court for the Southern District of New York, 1992-1994
Professional Activities
Cornell Alumni Ambassador Network
Recognition & Accomplishments
The Best Lawyers in America, Commercial Litigation (New York), 2013-2024
Credentials
Education
Columbia Law School (J.D. 1992)
Harlan Fiske Stone Scholar
Notes and Comments Editor, Columbia Law Review
Cornell University (BA, magna cum laude, 1989)
Phi Beta Kappa
Dean’s List
Government Honors Program
Admissions
Massachusetts
New York
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York