James C. Cosby

Partner

Office: Richmond

Direct: 804-403-7131

Fax: 804-237-0250

JCosby@nullohaganmeyer.com

  • Professional Overview
    Jim Cosby is an accomplished and experienced trial lawyer and counselor who regularly serves as lead trial counsel, primary outside counsel and managing counsel for regional and national businesses, as well as their officers, directors, owners and investors. He has an active practice representing such clients in disputes concerning professional liability, financial services, investment products, and professional service businesses. Jim has tried numerous cases involving contractual, corporate, securities, business torts, director and officer liability, and creditors' rights claims. Jim and his team have also handled significant business tort and breach of duty claims brought against corporate officers and directors by trustees, creditor committees and lenders, in adversary proceedings arising from major bankruptcy cases.

    Jim serves as outside counsel to national and regional banks, brokerage and wealth management firms and investment advisory companies, in the areas of litigation, regulatory and enforcement matters, and employment. He serves as co-chair of the firm’s Financial Services and Securities Practice Group.

    Jim has successfully handled disputes at each level of state and federal court in a number of jurisdictions. Before entering practice, he completed a judicial clerkship to the Hon. Charles S. Russell of the Supreme Court of Virginia. His practice has included matters before the appellate courts, having represented the prevailing party in his last five (5) arguments before the Supreme Court of Virginia. He also has extensive experience in arbitration and mediation before a variety of sponsoring and self-regulatory organizations.

    In three recent cases, he was engaged to replace prior counsel where the client had become concerned with strategy, interim results or cost. Two of these cases concluded with outright defense wins for our client. The third case resulted with the dismissal of a majority of claims and the settlement of the remainder.

    Recent representations include the following:
    • TRU Creditor Litigation Trust v. Brandon, et al. (In re Toys “R” Us), Adv. No. 20-03038-KLP (Bankr. E.D. Va., June 27, 2022). As co-counsel to the officers and directors of Toys R Us, obtained pretrial dismissal of a claim arising from the authorization of DIP Financing at the initiation of the company’s bankruptcy, dismissing a claim that sought over $700 Million, as reported in Law 360 and The Wall Street Journal.
    • AV Automotive, LLC (Rosenthal Automotive Group) et. al. v. Bavely, et al., Case No. CL-2019-02804 (Circuit Court for the County of Fairfax, Va., Nov. 2, 2022). Representing a co-defendant, obtained dismissal of claims following a three-month jury trial on seven consolidated cases.
    • Deutsche Bank Trust Company Americas v. Gymboree Group, Inc. et al., Case No. 3:20cv419 (E.D. Va. Aug. 16, 2021): Represented Gymboree Group, its corporate affiliates and senior management, against tort claims brought by Deutsche Bank arising from transfers of funds in connection with the companies’ prior bankruptcy, obtained defense judgments for all clients. Dismissals were affirmed on appeal to the U.S. District Court.
    • Served as co-managing counsel for national broker dealer in ongoing arbitrations concerning alternative and market-linked structured investments.
    • Served as primary outside counsel in representation of national brokerage firm in numerous arbitration cases concerning structured investments brought across seven (7) states.
  • Practice Areas
  • Education and Admissions

    Education

    • B.A., Economics – Virginia Military Institute
    • J.D. -University of Richmond School of Law
    • National Moot Court Team
    • International Academy of Trial Lawyers Award

    States Licensed

    • Virginia
  • Professional Organization Memberships
    • Virginia State Bar Joint Committee on Alternative Dispute Resolution (JADRC), Chair (2018-19)
    • Governor's Policy Council on Commerce and Trade, Gov. Ralph Northam
    • University of Richmond Law School Association, Board of Directors
    • John Marshall American Inn of Court, Executive Committee
    • Bar Association of the City of Richmond - Board of Directors, Co-Chair of Metropolitan Richmond Bench-Bar Conference; various committee chairmanships
    • Securities Industry & Financial Markets Association (SIFMA), Compliance & Legal Division
    • Financial Industry Regulatory Authority (FINRA), Panel of Arbitrators
    • Richmond Fisher House Foundation, Chairman
    • T.C. Williams School of Law, University of Richmond, Adjunct Professor of Law
    • Leadership Metro Richmond (LMR)
    • The Richmond Ballet, Former Trustee
    • U.S. Army, Reserve Officer (1982-94)
    • American Bar Association
    • Virginia Law Foundation, Fellow
  • News, Honors, Publications & Speeches
    • Martindale-Hubbell® AV Preeminent® Peer Review Rating
    • Thomson Reuters, "Virginia Super lawyers" - Business litigation, Securities litigation
    • Virginia lawyers' Media, "leaders in the law" (Class of 2012)
    • Virginia Business, "legal Elite" in Civil Litigation, Appellate, and Labor & Employment Categories
    • Virginia Law Foundation, Fellow