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James Washburn

James Washburn

Partner

Atlantic Station
201 17th Street NW
Suite 1700
Atlanta, GA 30363
T 404.322.6131
james.washburn@nelsonmullins.com
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James has nearly 30 years of experience appearing in court, administrative agencies, and arbitration venues to represent his clients’ interests in a wide range of disputes.  James has tried cases to verdict and argued on appeal in matters spanning various industries in state and federal courts across the country, and he has resolved numerous disputes...

James has nearly 30 years of experience appearing in court, administrative agencies, and arbitration venues to represent his clients’ interests in a wide range of disputes.  James has tried cases to verdict and argued on appeal in matters spanning various industries in state and federal courts across the country, and he has resolved numerous disputes on behalf of clients even before lawsuits were filed.  Having represented a range of clients from individuals and startups to private equity firms and Fortune 50 companies to governmental entities, James has guided clients with clear and timely advice through the litigation process and delivered consistently excellent results.

James has experience handling a wide variety of disputes, including:

  • Representing clients interacting with state and local governments, either as government contractors, regulated entities, or businesses requiring or seeking government approval of proposed actions; or representing governmental entities and public officials themselves in disputes or controversies
  • Representing companies in a wide variety of commercial disputes in state and federal courts and in arbitration, including analysis of state and federal laws and regulations applicable to regulated entities
  • Representing health care companies in disputes regarding contracts between payors and providers in substantial payment or reimbursement issues
  • Representing companies in corporate governance disputes involving allegations of breach of fiduciary duty, propriety of corporate action, and valuation disputes
James Washburn

on behalf of clients even before lawsuits were filed.  Having represented a range of clients from individuals and startups to private equity firms and Fortune 50 companies to governmental entities, James has guided clients with clear and timely advice through the litigation process and delivered consistently excellent results.

James has experience handling a wide variety of disputes, including:

  • Representing clients interacting with state and local governments, either as government contractors, regulated entities, or businesses requiring or seeking government approval of proposed actions; or representing governmental entities and public officials themselves in disputes or controversies
  • Representing companies in a wide variety of commercial disputes in state and federal courts and in arbitration, including analysis of state and federal laws and regulations applicable to regulated entities
  • Representing health care companies in disputes regarding contracts between payors and providers in substantial payment or reimbursement issues
  • Representing companies in corporate governance disputes involving allegations of breach of fiduciary duty, propriety of corporate action, and valuation disputes

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Previous Professional Experience 

  • Partner, Atlanta-based national firm (2014–2025)
  • Associate and partner, Atlanta-based national firm (1997-2014)

Representative Matters 

Government Matters

  • Successfully represented bidders and government contractors in Georgia, California, North Carolina, Virginia, Kansas, Washington, and other states in challenges to government contract bidding processes, disputes, and protests.
  • Obtained injunction on behalf of bidder for government contract to prevent implementation of contract determined to have been improperly procured under state law.
  • Won seven-figure judgment on behalf of government contractor against municipality to reflect increased cost of performance of public contract based on government’s revision of regulations.
  • Defended public state flagship university, advised board of trustees, and resolved dispute with prospective faculty member in hotly contested dispute regarding tenure award.
  • Advised and defended public university regarding governance disputes with affiliate health system
  • Advised state flagship university and athletic department on state regulatory issues
  • Defeated efforts to recall two separate public officials for failure to establish conduct sufficient to call recall election under Georgia law.
  • Successfully represented public officials, companies, and political action committees in ethics proceedings under federal and state law.
  • Represented national railroad in trial and appeal in dispute with municipality over design and installation of at-grade crossing.
  • Successfully represented property developers in dispute with municipality over proposed changes in zoning ordinances to reverse changes and allow development to move forward.
  • Successfully represented commercial property owner in dispute with adjoining property owner and municipality in dispute over mixed-use agreement and zoning and permitting requirements.

Corporate Governance and Breach of Fiduciary Duty Matters

  • Earned defense verdict after bench trial for investment bank in Texas against commercial tort claims arising from services provided in secured financing transaction.
  • Successfully represented private equity investor in dispute with partner over management of multiple-office medical practice, including injunctive relief, appointment of receiver, and successful dissolution of venture.
  • Earned trial verdict on behalf of dissenting shareholders challenging valuation of business in reverse stock split transaction, including finding of breach of fiduciary duties by controlling shareholders and agents.
  • Earned trial verdict on behalf of dissenting member challenging valuation of limited liability company in merger, resulting in seven-figure award above company’s proposed valuation.
  • Earned trial verdict on behalf of company defending valuation in reverse stock split against shareholder seeking higher value for shares.
  • Represented court-appointed examiner of bankruptcy trustee investigating claims against professionals that provided advice to bankrupt company.

Healthcare Matters

  • Successfully defended leading health care insurer and resolved challenge of contractual termination rights based on COVID-related statutory limitations
  • Earned declaratory judgment and injunction on behalf of consortium of health care insurers to preempt Georgia “prompt pay” statute under ERISA.
  • Successfully defended leading health care insurer in administrative litigation over application of “any willing provider” provision to HMO networks, earning reversal of Georgia Department of Insurance ruling.
  • Successfully defended leading healthcare insurer in quasi-class action claim brought by medical association regarding interpretation of contractual term.
  • Successfully defended leading healthcare insurer in three arbitrations on multimillion dollar claims brought by 1200-physician practice group to demand enhancement in reimbursement under contract and to contest insurer’s payment innovation programs.
  • Earned substantial summary adjudication in arbitration on behalf of health benefits company on question of contractual interpretation to defeat multimillion dollar claim by medical device provider.
  • Successfully earned dismissal of claims brought by healthcare providers on preemption grounds.
  • Earned dismissal and summary adjudication in separate actions by healthcare provider seeking reimbursement on thousands of individual claims.

Other Business Disputes

  • Successfully represented supplemental insurance carrier in multimillion dollar dispute with broker over commissions allegedly unpaid, including allegations of state law regulations across multiple states
  • Successfully obtained injunction on behalf of supplemental insurance carrier to limit publication of statements in violation of contractual restrictions
  • Successfully represented company in obtaining compensation for misappropriation of trade secrets by international competitor.
  • Earned multimillion dollar arbitration award for software development company to recover full amount of development fee and all attorney’s fees.

Pro Bono Matters

  • Successfully represented prisoners whose sentences or convictions were countermanded.
  • Served as outside general counsel for national non-profit volunteerism organization for ten years, handling variety of matters including corporate governance, managing residential volunteer programs, and pursuing claims for restitution for embezzlement by former employee
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Previous Professional Experience 

  • Partner, Atlanta-based national firm (2014–2025)
  • Associate and partner, Atlanta-based national firm (1997-2014)

Representative Matters 

Government Matters

  • Successfully represented bidders and government contractors in Georgia, California, North Carolina, Virginia, Kansas, Washington, and other states in challenges to government contract bidding processes, disputes, and protests.
  • Obtained injunction on behalf of bidder for government contract to prevent implementation of contract determined to have been improperly procured under state law.
  • Won seven-figure judgment on behalf of government contractor against municipality to reflect increased cost of performance of public contract based on government’s revision of regulations.
  • Defended public state flagship university, advised board of trustees, and resolved dispute with prospective faculty member in hotly contested dispute regarding tenure award.
  • Advised and defended public university regarding governance disputes with affiliate health system
  • Advised state flagship university and athletic department on state regulatory issues
  • Defeated efforts to recall two separate public officials for failure to establish conduct sufficient to call recall election under Georgia law.
  • Successfully represented public officials, companies, and political action committees in ethics proceedings under federal and state law.
  • Represented national railroad in trial and appeal in dispute with municipality over design and installation of at-grade crossing.
  • Successfully represented property developers in dispute with municipality over proposed changes in zoning ordinances to reverse changes and allow development to move forward.
  • Successfully represented commercial property owner in dispute with adjoining property owner and municipality in dispute over mixed-use agreement and zoning and permitting requirements.

Corporate Governance and Breach of Fiduciary Duty Matters

  • Earned defense verdict after bench trial for investment bank in Texas against commercial tort claims arising from services provided in secured financing transaction.
  • Successfully represented private equity investor in dispute with partner over management of multiple-office medical practice, including injunctive relief, appointment of receiver, and successful dissolution of venture.
  • Earned trial verdict on behalf of dissenting shareholders challenging valuation of business in reverse stock split transaction, including finding of breach of fiduciary duties by controlling shareholders and agents.
  • Earned trial verdict on behalf of dissenting member challenging valuation of limited liability company in merger, resulting in seven-figure award above company’s proposed valuation.
  • Earned trial verdict on behalf of company defending valuation in reverse stock split against shareholder seeking higher value for shares.
  • Represented court-appointed examiner of bankruptcy trustee investigating claims against professionals that provided advice to bankrupt company.

Healthcare Matters

  • Successfully defended leading health care insurer and resolved challenge of contractual termination rights based on COVID-related statutory limitations
  • Earned declaratory judgment and injunction on behalf of consortium of health care insurers to preempt Georgia “prompt pay” statute under ERISA.
  • Successfully defended leading health care insurer in administrative litigation over application of “any willing provider” provision to HMO networks, earning reversal of Georgia Department of Insurance ruling.
  • Successfully defended leading healthcare insurer in quasi-class action claim brought by medical association regarding interpretation of contractual term.
  • Successfully defended leading healthcare insurer in three arbitrations on multimillion dollar claims brought by 1200-physician practice group to demand enhancement in reimbursement under contract and to contest insurer’s payment innovation programs.
  • Earned substantial summary adjudication in arbitration on behalf of health benefits company on question of contractual interpretation to defeat multimillion dollar claim by medical device provider.
  • Successfully earned dismissal of claims brought by healthcare providers on preemption grounds.
  • Earned dismissal and summary adjudication in separate actions by healthcare provider seeking reimbursement on thousands of individual claims.

Other Business Disputes

  • Successfully represented supplemental insurance carrier in multimillion dollar dispute with broker over commissions allegedly unpaid, including allegations of state law regulations across multiple states
  • Successfully obtained injunction on behalf of supplemental insurance carrier to limit publication of statements in violation of contractual restrictions
  • Successfully represented company in obtaining compensation for misappropriation of trade secrets by international competitor.
  • Earned multimillion dollar arbitration award for software development company to recover full amount of development fee and all attorney’s fees.

Pro Bono Matters

  • Successfully represented prisoners whose sentences or convictions were countermanded.
  • Served as outside general counsel for national non-profit volunteerism organization for ten years, handling variety of matters including corporate governance, managing residential volunteer programs, and pursuing claims for restitution for embezzlement by former employee

Media

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Recognitions

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • The Best Lawyers in America®, Commercial Litigation (2021-2026)
  • Recipient, President’s Volunteer Service Award issued by the White House for extensive pro bono legal work provided to Points of Light Institute (2012)
  • Atlanta Super Lawyers (2012-2016); “Rising Star” (2009-2010)

Professional Activities

  • American Bar Association, Litigation Section
  • Atlanta Bar Association, Litigation Section

Community

  • Leadership Atlanta, Class of 2010
  • Chair, Board of Trustees, Glenn Memorial United Methodist Church
  • Former Board President, L’Arche Atlanta
  • Former Trustee and Chair of Academic Affairs Committee, Reinhardt University

James has nearly 30 years of experience appearing in court, administrative agencies, and arbitration venues to represent his clients’ interests in a wide range of disputes.  James has tried cases to verdict and argued on appeal in matters spanning various industries in state and federal courts across the country, and he has resolved numerous disputes... on behalf of clients even before lawsuits were filed.  Having represented a range of clients from individuals and startups to private equity firms and Fortune 50 companies to governmental entities, James has guided clients with clear and timely advice through the litigation process and delivered consistently excellent results.

James has experience handling a wide variety of disputes, including:

  • Representing clients interacting with state and local governments, either as government contractors, regulated entities, or businesses requiring or seeking government approval of proposed actions; or representing governmental entities and public officials themselves in disputes or controversies
  • Representing companies in a wide variety of commercial disputes in state and federal courts and in arbitration, including analysis of state and federal laws and regulations applicable to regulated entities
  • Representing health care companies in disputes regarding contracts between payors and providers in substantial payment or reimbursement issues
  • Representing companies in corporate governance disputes involving allegations of breach of fiduciary duty, propriety of corporate action, and valuation disputes

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Previous Professional Experience 

  • Partner, Atlanta-based national firm (2014–2025)
  • Associate and partner, Atlanta-based national firm (1997-2014)

Representative Matters 

Government Matters

  • Successfully represented bidders and government contractors in Georgia, California, North Carolina, Virginia, Kansas, Washington, and other states in challenges to government contract bidding processes, disputes, and protests.
  • Obtained injunction on behalf of bidder for government contract to prevent implementation of contract determined to have been improperly procured under state law.
  • Won seven-figure judgment on behalf of government contractor against municipality to reflect increased cost of performance of public contract based on government’s revision of regulations.
  • Defended public state flagship university, advised board of trustees, and resolved dispute with prospective faculty member in hotly contested dispute regarding tenure award.
  • Advised and defended public university regarding governance disputes with affiliate health system
  • Advised state flagship university and athletic department on state regulatory issues
  • Defeated efforts to recall two separate public officials for failure to establish conduct sufficient to call recall election under Georgia law.
  • Successfully represented public officials, companies, and political action committees in ethics proceedings under federal and state law.
  • Represented national railroad in trial and appeal in dispute with municipality over design and installation of at-grade crossing.
  • Successfully represented property developers in dispute with municipality over proposed changes in zoning ordinances to reverse changes and allow development to move forward.
  • Successfully represented commercial property owner in dispute with adjoining property owner and municipality in dispute over mixed-use agreement and zoning and permitting requirements.

Corporate Governance and Breach of Fiduciary Duty Matters

  • Earned defense verdict after bench trial for investment bank in Texas against commercial tort claims arising from services provided in secured financing transaction.
  • Successfully represented private equity investor in dispute with partner over management of multiple-office medical practice, including injunctive relief, appointment of receiver, and successful dissolution of venture.
  • Earned trial verdict on behalf of dissenting shareholders challenging valuation of business in reverse stock split transaction, including finding of breach of fiduciary duties by controlling shareholders and agents.
  • Earned trial verdict on behalf of dissenting member challenging valuation of limited liability company in merger, resulting in seven-figure award above company’s proposed valuation.
  • Earned trial verdict on behalf of company defending valuation in reverse stock split against shareholder seeking higher value for shares.
  • Represented court-appointed examiner of bankruptcy trustee investigating claims against professionals that provided advice to bankrupt company.

Healthcare Matters

  • Successfully defended leading health care insurer and resolved challenge of contractual termination rights based on COVID-related statutory limitations
  • Earned declaratory judgment and injunction on behalf of consortium of health care insurers to preempt Georgia “prompt pay” statute under ERISA.
  • Successfully defended leading health care insurer in administrative litigation over application of “any willing provider” provision to HMO networks, earning reversal of Georgia Department of Insurance ruling.
  • Successfully defended leading healthcare insurer in quasi-class action claim brought by medical association regarding interpretation of contractual term.
  • Successfully defended leading healthcare insurer in three arbitrations on multimillion dollar claims brought by 1200-physician practice group to demand enhancement in reimbursement under contract and to contest insurer’s payment innovation programs.
  • Earned substantial summary adjudication in arbitration on behalf of health benefits company on question of contractual interpretation to defeat multimillion dollar claim by medical device provider.
  • Successfully earned dismissal of claims brought by healthcare providers on preemption grounds.
  • Earned dismissal and summary adjudication in separate actions by healthcare provider seeking reimbursement on thousands of individual claims.

Other Business Disputes

  • Successfully represented supplemental insurance carrier in multimillion dollar dispute with broker over commissions allegedly unpaid, including allegations of state law regulations across multiple states
  • Successfully obtained injunction on behalf of supplemental insurance carrier to limit publication of statements in violation of contractual restrictions
  • Successfully represented company in obtaining compensation for misappropriation of trade secrets by international competitor.
  • Earned multimillion dollar arbitration award for software development company to recover full amount of development fee and all attorney’s fees.

Pro Bono Matters

  • Successfully represented prisoners whose sentences or convictions were countermanded.
  • Served as outside general counsel for national non-profit volunteerism organization for ten years, handling variety of matters including corporate governance, managing residential volunteer programs, and pursuing claims for restitution for embezzlement by former employee

Education

  • Duke University School of Law, JD (1994)
  • Yale University, BA, magna cum laude (1991)

Admissions

  • Georgia
  • Florida
  • Supreme Court of Georgia
  • Court of Appeals of Georgia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Southern District of Georgia
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Southern District of Florida

Clerkships

  • The Honorable J. Dickson Phillips, Jr., U.S. Court of Appeals for the Fourth Circuit (1996-1997)
  • The Honorable G. Kendall Sharp, U.S. District Court for the Middle District of Florida (1994 - 1996)

Practice Areas

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • The Best Lawyers in America®, Commercial Litigation (2021-2026)
  • Recipient, President’s Volunteer Service Award issued by the White House for extensive pro bono legal work provided to Points of Light Institute (2012)
  • Atlanta Super Lawyers (2012-2016); “Rising Star” (2009-2010)
  • American Bar Association, Litigation Section
  • Atlanta Bar Association, Litigation Section
  • Leadership Atlanta, Class of 2010
  • Chair, Board of Trustees, Glenn Memorial United Methodist Church
  • Former Board President, L’Arche Atlanta
  • Former Trustee and Chair of Academic Affairs Committee, Reinhardt University