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James R. McGibbon

Of Counsel

Jim provides the firm’s clients with experienced antitrust representation in connection with mergers and other business transactions. 

He also defends them against related governmental investigations. He litigates antitrust cases on behalf of his clients, including both private class actions and criminal defense. Jim offers strategic guidance that reflects a seasoned understanding of client business objectives and industry-specific economics. He has represented clients in both traditional industries, like construction materials, paper and textiles, and in more technologically advanced sectors, such as payment processing, pharmaceuticals and defense. Jim also works with clients in highly regulated industries like health care, energy and insurance, coordinating with the firm’s regulatory attorneys who deal with the relevant administrative agencies.  

Jim regularly represents clients in antitrust merger investigations conducted by federal agencies, including “second request” investigations. He has defended clients in criminal grand jury investigations of alleged price fixing and market allocation; in federal and state civil investigations of alleged price fixing and exclusionary practices; and in class-action litigation asserting claims of alleged price fixing or market allocation in oil, manufacturing, health care diagnostics, insurance and agricultural businesses. In addition to antitrust litigation, Jim handles government investigations and private litigation relating to alleged deceptive advertising and related consumer protection issues. His substantial litigation experience includes handling complex commercial disputes in matters that include franchising and health care.

  • Represented Securian Financial Group, Inc. in the auctioned sale of its retirement plan recordkeeping business to Standard Insurance Company.
  • Represented G&L Holdings, Inc. in the sale of all issued and outstanding equity of Grain Craft, the largest US-based independent flour miller.
  • Representation of hospital system in second request merger investigation.
  • Defended a medical testing company in an FTC merger investigation and subsequent grand jury investigation and class action litigation involving alleged antitrust violations.
  • Defended an equipment hardware manufacturer in criminal prosecution and direct and indirect purchaser class action litigation involving customer allocation claims.
  • Representing defendants in pending nation-wide class actions relating to the chicken and crop inputs industries.
  • Represented Empower in its acquisition of MassMutual’s retirement services business for a total transaction value of $3.35 billion.
  • Represented Empower in its acquisition of Prudential’s retirement plan business for a total transaction value of $3.55 billion.
  • Provides legal advice to a section 501(c)(6) trade association on various issues, including antitrust compliance.
  • Represents cement producer in antitrust litigation involving allegations of price-fixing.
  • Advised Nationwide Mutual Insurance Company on a joint venture transaction with Generali, one of the largest international insurance and asset management providers headquartered in Italy.
  • Obtained dismissal of chicken broiler producer from class actions alleging an antitrust conspiracy to fix wages, and represented producer as non-party alleged co-conspirator in class actions and other litigation involving allegations of antitrust conspiracies to set grower compensation and to exclude competition in related industry.
  • Represented Southeastern Mills, Inc., a leading food products company, in the sale of its custom coatings and seasonings division to Kerry Inc.
  • Represents a food producer in nationwide price-fixing antitrust class action litigation and in related litigation and investigations.
  • Recipient of the State Bar of Georgia’s inaugural 1890 Award for Excellence in Antitrust
  • Founder and Initial Chair, Health Care Law Section, State Bar of Georgia (1992-1993)
  • Chair, Antitrust Section, State Bar of Georgia (1989-1990)
  • Georgia
  • Massachusetts
  • Court of Appeals of Georgia
  • Superior Court of Georgia
  • Supreme Court of Georgia
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the Middle District of Georgia
  • U.S. Supreme Court
  • J.D., magna cum laude, Harvard Law School,

    Editor, Harvard Law Review

  • A.B., cum laude, Princeton University
James McGibbon

Of Counsel

James McGibbon

Of Counsel

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