Resistant to the fashion of becoming a one trick pony, James W. Semple assists his clients in assessing and resolving complex business disputes in a broad range of contexts.
A charter member of the Delaware chapter of the American Board of Trial Advocates and an ABA-trained mediator for the Delaware Superior Court, Jim has mediated, arbitrated and advocated in hundreds of legal and alternative dispute resolution proceedings. He frequently speaks and writes, locally, nationally, and internationally, on business dispute resolution and professional ethics issues.
Recent representations in Delaware courts include the following:
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Breach of Contract - Represented a plastic manufacturer that recovered damages through settlement of a claim for the breach of an exclusive distributor contract.
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Employment Restrictive Covenant - Defended a breach of a restrictive employment covenant involving two former employees.
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Stock Options - Defended a former executive in a claim for the claw back of exercised stock options based on alleged breaches of covenants not to compete, solicit employees or disclose confidential information.
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Breach of Confidentiality - Counseled a company in a suit alleging breaches of a confidentiality agreement incident to acquisition discussions.
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Liability Insurance Claims - Represented several related U.S. corporations facing catastrophic claims arising from the 9/11 tragedy in a declaratory judgment action that secured their rights to primary and excess liability insurance.
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Birth Injury Claims - Represented a global company - as local trial counsel and Delaware Supreme Court counsel - in the defense of multiple claims for birth defects allegedly arising from exposure to one of its products.
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Toxic Torts - Served as local counsel to an international company in the defense of claims that trace benzene amounts can cause acute myelogenous leukemia.
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D & O Liability - Defended various excess insurers in claims for coverage under directors and officers liability insurance policies.
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Indemnification Damages - Represented an international company in claims for contractual indemnification damages arising from a licensing agreement.
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Breach of Promissory Notes - Represented a company in the after parts market in seeking damages from a company for breach of Subordinated Promissory notes.
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Defense of Breach of Supply Agreement – Defended a purchaser of parts alleged to have breached a supply agreement where issues involved materiality of alleged breaches, duress, and the covenant of good faith and fair dealing.
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Breach of Asset Purchase and Licensing Agreement – Represented global company in dispute over interpretation of an Asset Purchase and Sale Agreement and corollary Consulting Agreement including issues involving licensing royalties and alleged breaches of covenant to keep information confidential.
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Oil Exploration and Production Licenses – Successfully represented company in disputes under a Purchase and sale Agreement over oil exploration and production licenses.
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Breach of Agreement to Purchase Trade Secrets and IP Technology- Represented buyer in enforcing its rights under Purchase Agreement to obtain full measure of the trade secrets and IP licenses set forth in the agreement.