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James O'Toole, Jr.

James O'Toole, Jr.


Philadelphia, PA
Newark, NJ
  • Defended Grumman Corporation in government contracts litigation involving a terminated subcontractor.
  • Represent Labatt's Brewing Company, Ltd. in federal litigation involving alleged remedial obligations at former production facility in Pennsylvania.
  • Managed an international medical device manufacturer's FDA compliance audit, product recall investigation and response to a Hazard Notice issued by the UK's Medical Device Agency.
  • Counseled numerous physician practices, medical societies and physician organizations on antitrust compliance issues, including the representation of a Wilmington, Delaware hospital staff in connection with an alleged illegal boycott of a proposed managed care contract, and defense of orthopedic surgeon groups in connection with the FTC’s investigation of an alleged physician boycott and civil action against a national physician union.
  • Represented GE Corporation and directed a multistate internal investigation in connection with a federal criminal investigation into military defense contracts.
  • Represented military defense contractor in challenging adverse "solid waste" determination under RCRA, and reporting requirements under Emergency Planning and Community Right to Know Act (EPCRA).
  • Lead internal investigation on behalf of charter school alleged to have mismanaged federally funded programs.
  • Developed antitrust compliance programs and provided Robinson-Patman counseling for national-purchasing cooperatives in the home products and publishing industries.
  • Represented CSX Transportation in complex Brownfield real estate transaction.
  • Defended and prosecuted several substantial claims for construction cost overruns, attorney malpractice and environmental liability in connection with a highly publicized road construction project in New Jersey.
  • Represented Acme Markets, Inc. in a successful trial and appellate defense of federal antitrust and RICO claims by a disgruntled real estate developer.
  • Served as national coordinating defense counsel to a retail client in connection with many antitrust and fair dealing claims relating to terminated dealers/distributors.

  • Served as national counsel to Continuum Healthcare Inc., selecting and managing outside counsel and advising the company on employment, contractual, intellectual property and medical malpractice issues.
  • Conducted internal investigations of alleged political corruption and financial mismanagement of municipality's redevelopment project.
  • Defended an international wire manufacturer in connection with alleged fraudulent trading of metals futures and related RICO claims.
  • Through aggressive litigation (including injunctive relief) and implementing an inventive remedial strategy, substantially reduced $120 million initial cost-recovery claim by over 80 percent, thus facilitating a global settlement among over 100 PRPs.
  • Defended and advised the American Board of Plastic Surgery on antitrust challenges raised by a rival accrediting board.
  • Provided antitrust advice and market analyses to numerous hospitals in connection with joint ventures, mergers, third-party payer and provider contracts and managed care initiatives involving strategic alliances with competitor hospitals, acquisition of physician practices and development of IPAs and PHOs.
  • Represented BP/Amoco and gas station operators in UST and related environmental litigations.
  • Advised Tampa General Hospital on environmental due diligence and remedial matters connected to real estate acquisitions.
  • Represent various Waste Management entities in connection with USEPA mandated multi-party regional sediment and surface water investigation into the Berry's Creek Study Area.
  • Represented Waste Management, Inc. on environmental and toxic tort litigation, regulatory counseling, Brownfield development, renewable energy and SEC environmental compliance matters. He serves as an advisor to senior management and counsel within the company.
  • On behalf of Waste Management of Illinois, successfully litigated and settled a 400 property toxic tort class action and third-party PRP claims involving alleged groundwater contamination, vapor intrusion and diminution in property value. In over four years of litigation in both Illinois federal and state courts, the class was never certified.
  • Represented ArcelorMittal LLC in state litigation with tenet involving lease obligations and issues relating to residual waste general permits and stormwater.
  • Successfully defended and argued before the New Jersey Supreme Court, a NJDEP cost-recovery and NRD action leading to a favorable consent decree and settlement on behalf of multiple PRP groups.
  • Defeated a million dollar trespass and property diminution claim, and further saved the municipality approximately $400,000 in remediation costs related to an undisclosed landfill.
  • Represented FTC-appointed trustee on antitrust and contracting issues in connection with mandated biomedical and pharmaceutical technology transfer as part of a sanctioned merger between pharmaceutical companies.
  • On behalf of Waste Management of New Jersey, successfully litigated and then negotiated the Brownfield redevelopment of a 49 acre former Superfund site in North Jersey. The former landfill will be redeveloped into a distribution center serving the Ports of New York and New Jersey, and a Jersey City public park.