James A. Slater

Partner

Cleveland
T +1.216.861.7885
F +1.216.696.0740

Overview

Jim Slater concentrates his practice on complex commercial litigation and has more than 10 years of experience in large, complex litigations at the trial and appellate levels, as well as during arbitration. Jim has particular experience representing financial institutions and dealing with the unique challenges that face clients in such an industry. He also has significant experience in the defense of class actions.

Select Experience

  • Assisted a financial institution in managing potential exposure and liability in connection with its sponsorship of a third-party vendor that experienced one of the largest credit card data breaches in history. Took appeal through payment card regulatory processes and defended the client in a subsequent class action stemming from the breach, which was dismissed on motion.
  • Defended a class action Employee Retirement Income Security Act (ERISA) stock-drop case filed against a financial institution and its upper management. Achieved dismissal of the case for lack of standing by the plaintiffs, which was affirmed on appeal to the Sixth Circuit. 
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Experience

  • Assisted a financial institution in managing potential exposure and liability in connection with its sponsorship of a third-party vendor that experienced one of the largest credit card data breaches in history. Took appeal through payment card regulatory processes and defended the client in a subsequent class action stemming from the breach, which was dismissed on motion.
  • Defended a class action Employee Retirement Income Security Act (ERISA) stock-drop case filed against a financial institution and its upper management. Achieved dismissal of the case for lack of standing by the plaintiffs, which was affirmed on appeal to the Sixth Circuit. 
    • Defended a second class action ERISA stock-drop case for the financial institution after the dismissal of the original class action. Obtained dismissal of the case upon a motion based on the decision in the first case. The decision is currently on appeal. 
  • Defended an insurance corporation in class actions alleging late personal injury protection payments made to insurers. The case was settled for the client.
  • Defending a manufacturing client in an action brought by the seller of an acquired company for alleged earn-out payments. As one of two lead lawyers on the case, directly supervises others working on the team and is involved in all aspects of the case, as well as all strategic decisions. The matter is currently in the discovery phase.
  • Defending the Federal Deposit Insurance Corp. (FDIC) in its corporate capacity against claims of fraudulent transfer in connection with the failure of a California-based bank.
  • Defended the FDIC in its corporate capacity in an adversary proceeding in the bankruptcy of the holding company of a failed bank.
  • Defended a shareholder derivative suit brought in response to a Food and Drug Administration investigation of the manufacturing facility of a medical equipment manufacturer and distributor. Obtained settlement for the client.

Recognitions and Memberships

Recognitions

  • Law360 "Rising Star" in Privacy (2014)

Memberships

  • American Bar Association
  • Ohio State Bar Association 
  • Cleveland Metropolitan Bar Association
    • Litigation Section: Governing Council

Pro Bono

  • Involved in firm-sponsored Legal Aid referral clinics and filed habeas petition on behalf of a client.

Prior Positions

  • Law Clerk for the Honorable James G. Carr, Former Chief Judge for the United States District Court for the Northern District of Ohio (2001 to 2002)

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Southern District of Ohio
  • Ohio

Education

  • J.D., The Ohio State University Michael E. Moritz College of Law, 2001, with honors, Order of the Coif
  • B.S., Muskingum College, 1998, magna cum laude 

Blog

In The Blogs

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Data Privacy Monitor
Deeper Dive: The Landscape of Healthcare Data Breaches
April 24, 2019
Healthcare was the industry most affected by data breaches in 2018. We worked on nearly 200 healthcare matters involving multispecialty academic medical centers, hospital systems, small and large physician practices, small and large health...
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Data Privacy Monitor
SEC Updates Data Privacy and Cybersecurity Guidance for Registered Firms
April 22, 2019
On April 16, 2019, the Office of Compliance Inspections and Examinations (OCIE) of the Securities and Exchange Commission (SEC) issued a risk alert, “Investment Adviser and Broker-Dealer Compliance Issues Relating to Regulation S-P –...
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Data Privacy Monitor
Deeper Dive: Choose the Right Forensics Firm for the Job
By William R. Daugherty, Eric A. Packel
April 17, 2019
Forensics are a key component of many data incident investigations. The importance of forensics cannot be overstated. In fact, in 2018, 65% of the incidents we handled involved some type of forensic investigation. Forensics firms can not...
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Data Privacy Monitor
In BIPA's Wake, a Wave of New Biometric Privacy Proposals
By Robyn M. Feldstein, Melinda L. McLellan
April 15, 2019
Over the past year, a host of new national, state and local laws have been introduced to regulate the collection and use of biometric information. Although these proposals vary in their requirements, certain elements appear to be inspired...
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Data Privacy Monitor
Deeper Dive: The Scourge of O365 Incidents
April 11, 2019
A Growing Menace 2018 saw a continuation of companies moving toward cloud-based email systems. Phishing incidents targeting those systems followed suit. Fully one-third of incidents addressed by our incident response team in 2018 involved...
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