Mr.Semple has more than 35 years of experience assessing and resolving complex business disputes in a broad range of contexts.  As a charter member of the Delaware Chapter of the American Board of Trial Advocates, and an ABA-trained mediator for the Delaware Superior Court, Jim has tried, mediated, arbitrated, and advocated in hundreds of legal and alternative dispute resolution proceedings.

 

He has represented clients in jury and bench trials in virtually every type of business dispute before the Federal District Court, the Delaware Superior Court, the Delaware Supreme Court and the Court of Chancery.  He represents clients ranging from individuals to Fortune 50 corporations in major complex commercial litigation cases, contract disputes, advancement disputes, employment and non-compete agreement disputes, complex tort cases, and complex insurance coverage actions.

 

Current Represenations:

Lead counsel for an insurer on a claim by an insured who was a licensee of a software licensor who had breached the license agreement and whose continued unauthorized use of the software was a copyright infringement.  Obtained summary judgment for the insurer because the claims, under a claims first made policy, related to wrongful acts that took place prior to the policy’s inception, and because the insured did not disclose prior identical claims with the licensor when it applied for the policy.  Argued and won the appeal to the Delaware Supreme Court.

Delaware counsel to a non-Delaware law firm in defending claims asserted by a former bankruptcy trustee also appointed as the trustee of an estate litigation trust and a private actions trust arising from the failure of a real estate investment entity

Delaware counsel to an excess fidelity bond and director and officers’ liability insurer of a fund sued for losses arising from the Madoff fraud.

Delaware counsel to an excess liability insurer of companies sued for asbestos liabilities.

Delaware counsel to an excess liability insurer in a Delaware declaratory judgment action where a principal issue is whether the more than $150 million in settlement amounts arising from state statutory claims constitute a penalty within the definition of Loss under the policy.

Delaware counsel to a large company sued by foreign plaintiffs for birth defects to their children arising from allegedly improper use of pesticides in a foreign country.