Professional Experience:
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.
Admissions:
Delaware, 1974
District of Columbia
United States District Court, District of Delaware
U.S. Court of Appeals, Third Circuit
Education:
Villanova University School of Law, J.D.
St. Joseph University, B.A.
Memberships:
Supreme Court of the State of Delaware, Board of Bar Examiners, Past Member; Board on Professional Responsibility, Past Member
Supreme Court of the State of Delaware
Superior Court of the State of Delaware, New Castle County, Liaison Counsel
District of Columbia Bar Association
American Bar Association
The American Board of Trial Advocates, Delaware Chapter, Charter Member
Federation of Defense and Corporate Counsel
Delaware State Bar Association, Former Member of Executive Committee; Founding Chair of Torts and Insurance Practice Section
Defense Counsel of Delaware, Founding President
Honors and Awards:
Federation of Defense and Corporate Counsel, Andrew C. Hecker Award for Legal Writing (1996, 2002)
Delaware Super Lawyers®, 2007-2014
Best Lawyers®, 2009-2015
Martindale-Hubbell, AV Rating; highest 5.0 rating
Other:
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Speaking Engagements:
Speaker, “Regulatory Framework: UPL and Ethical Issues Arising from Legal Services Provided by In House Counsel and Paralegals,” DuPont Legal Department Seminar, February 20, 2008, Wilmington, Delaware.
Speaker, “The Ethical Rules Addressing the Unauthorized Practice of Law by Foreign and In-House Lawyers,” Legal Ethics in Delaware, Lorman Education, December 4, 2008, Wilmington. Delaware.
Speaker, “The Ethical Rules Addressing the Unauthorized Practice of Law by Foreign and In-House Lawyers,” Legal Ethics in Delaware, Lorman Education, December 1, 2009, Wilmington. Delaware,
Speaker, “A Review of Ethics Opinions & Developments,” Legal Ethics in Delaware, Lorman Education, December, 2010 to 2012, 2014 - present, Wilmington. Delaware.
Panelist, “Managing Court Cases on a Day to Day Basis,” June 19, 2015, ABOTA Bifferato Seminar, Wilmington, DE.
Publications:
“The Effects Of The Sarbanes-Oxley Act On The Attorney-Client Privilege,” 53 FDCC Quarterly, No. 4 (Summer 2003)
“Mickey Mouse and Beyond: Director and Officer Liability Cases in the Delaware Courts After Disney,” FDCC Professional Liability Section Program, July 21, 2005. Carlsbad, CA.
James W. Semple, Bradish J. Waring, and Reid S. Manley, “Corporate Alzheimer’s: Dealing With The Loss Of Institutional Knowledge and Missing Witnesses,” FDCC Business Litigation Section, Annual Meeting, July 2006. Southampton, Bermuda.
“Perspectives on Discovery Issues from a Special Master,” FDCC Corporate Counsel Symposium, September 29, 2006. Chicago, Illinois.
“A Mediator’s Perspective,” Mediation Panel, FDCC Litigation Management College, June, 2007. Emory University Conference Center, Atlanta, GA.
“Waiver of the Attorney Client and Work Product Privileges,” ALFA International Teleseminar. September 18, 2007.
“The USA Story – The Current Position and How It Affects Us,” Current Insurance Law Issues in a World of Economic Downturn, Presentation to the British Insurance Law Association, June 23, 2008, Lloyds’ Library, London UK.
“How To Keep your Mediation from Going South,” FDCC Corporate Counsel Symposium, September 26, 2008. Dallas, TX.
“Delaware’s Business Courts,” FDCC Corporate Counsel Symposium, September 21, 2011. Philadelphia, PA.
“The Role of Liaison Counsel,” Delaware Trial Lawyers’ Association Annual Meeting, Panel Presentation, June 22, 2012. Rehoboth Beach, DE.
Panelist, “Managing Court Cases on a Day to Day Basis,” June 19, 2015, ABOTA Bifferato Seminar, Wilmington, DE.
Business Torts: A Fifty State Guide, “Delaware Chapter,” 2010-2015 Editions, Wolters Kluwer.
Tort Law Desk Reference, “Delaware Chapter,” 2010-2015 Editions, Wolters Kluwer.