Gross

James M. Gross

Associate
New York

I utilize my extensive appellate and critical motion experience to identify, develop, and deploy winning legal strategies in complex litigation disputes.

Jim Gross has significant briefing and argument experience before trial and appellate courts across the U.S. He has authored dozens of briefs at all levels of the judiciary—including in the U.S. Supreme Court, multiple U.S. Courts of Appeal, and federal and state trial courts—and has argued appeals before the U.S. Courts of Appeal for the Seventh and Ninth Circuits, as well as multiple dispositive motions in federal district courts.

Jim has significant experience in a wide variety of different areas of law, including with issues of federal jurisdiction, the First Amendment and defamation law, product liability, RICO, the Fair Credit Reporting Act, and many others.

In addition to brief writing, Jim possesses experience in all phases of litigation, including written discovery, offensive and defensive depositions, and settlement negotiations.  Jim currently serves as a lead associate on a national counsel team defending a publicly traded products manufacturer against asbestos-related claims.

Jim maintains an active pro bono practice, in which he advocates for the constitutional rights of immigrants, the incarcerated, and the indigent.  He is particularly proud of his successful representation of a detained immigrant who obtained relief from deportation under the Convention Against Torture.

From 2014-2015, Jim served as a law clerk to the Honorable Sandra Segal Ikuta of the United States Court of Appeals for the Ninth Circuit.  While in law school, Jim served as Editor-in-Chief of the George Washington Law Review, and won the 64th Annual Van Vleck Constitutional Law Moot Court Competition, in which he successfully argued before a panel presided over by Justice Sonia Sotomayor of the United States Supreme Court.

Education

  • George Washington University Law School, J.D., with Highest Honors, 2014
  • Loyola University Chicago, B.A., magna cum laude, 2011

Bar and Court Admissions

BAR ADMISSIONS
  • New York 
COURT ADMISSIONS
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Western District of New York
  • U.S. District Court for the Eastern District of Wisconsin

Experience

  • Core member of trial team that secured a complete defense verdict on behalf of a Major League Baseball team in the first foul ball injury jury trial in Massachusetts.
  • Lead defense counsel for major consumer reporting agency in dozens of cases arising under the Fair Credit Reporting Act (“FCRA”), in which he spearheaded a nationwide legal strategy for lawsuits predicated on reporting of “charged off” debts that resulted in multiple successful dispositive motions. 
  • Successfully represented manufacturer in products liability lawsuit seeking billions of dollars in damages following the Grenfell Tower fire in London, UK, prevailing on forum non conveniens grounds.
  • Principal author of prevailing appellate briefs before the United States Court of Appeals for the Second Circuit on behalf of manufacturer seeking $53 million in insurance proceeds following destruction from Hurricane Sandy. 
  • Principal author of multiple successful dispositive motions filed on behalf of cryptocurrency exchange defending against lawsuits asserting claims under RICO, the Commodity Exchange Act, and California law. 
  • Represented high net worth individual in case of first impression addressing the constitutionality of Nevada’s “SLAPPback” statute.
Representations handled by Mr. Gross prior to joining Foley Hoag,


PROFESSIONAL EXPERIENCE
  • Law Clerk to the Honorable Sandra Segal Ikuta, United States Court of Appeals for the Ninth Circuit (2014-15)

Publications

  • Note, A Delayed Blitz on the NFL’s Blackout Policy, 82 Geo. Wash. L. Rev. 1194 (2014)

Honors & Involvement

HONORS
  • The Best Lawyers in America: Ones to Watch
  • Editor-in-Chief, The George Washington Law Review, Volume 82
  • Winner, 2014 GW Law Van Vleck Constitutional Law Moot Court Competition
  • Winner, 2012 GW Law First Year Moot Court Competition