James A. McFaul

– FOUNDING PARTNER –

Jim’s practice, throughout his career, has focused on defending and advising professionals, including attorneys, accountants, architects, engineers, construction management companies, doctors and other health professionals, real estate professionals, insurance agents and brokers, directors and officers, and financial advisors. He also has extensive experience providing general business representation, including risk management counseling and contract review/drafting, and handling complex civil litigation matters, focusing on employment and labor disputes, commercial disputes, and class actions. He has also defended an array of personal injury and product liability matters for several large national companies. Jim is one of the founding partners of DDWK and has been in practice in California since 2007, after practicing for several years in New York and New Jersey at a mid-sized firm. Jim is also admitted in Arizona.

REPRESENTATIVE MATTERS

Professional Liability

Jim’s professional liability practice includes the representation of attorneys, accountants, architects, engineers, construction management companies, doctors and other health professionals, real estate professionals, insurance agents and brokers, directors and officers, and financial advisors in a wide range of matters involving claims for professional negligence, breach of fiduciary duties, ethics violations, conflicts of interest, breach of contract, fraud and unfair business practices. He has represented some of San Diego’s largest law firms, architectural firms, and engineering firms, as well as international and national firms, in lawsuits involving substantial monetary exposure. Jim also defends professionals in disciplinary actions.

Transportation

Jim’s experience includes the representation of several large companies involved in the transportation industry, including taxicab companies and transportation brokers. He has successfully represented taxi companies and other on-demand transportation providers in the defense of multi-million dollar class action lawsuits brought by classes of independent contractor drivers who claimed to be misclassified employees owed years of unpaid overtime and benefits compensation. He has also served in an advisory capacity to transportation industry clients and has been involved in drafting and structuring key agreements related to the operations of such businesses. Jim has also defended clients involved in the transportation industry in personal injury matters.

Employment and Labor

Jim has represented numerous companies – including publicly-traded, privately-held and non-profit business entities – in an extensive array of labor and employment matters, including defending claims for wrongful termination, discrimination, harassment, and retaliation, and handling claims filed with the California Labor Commissioner and Employment Development Department. He has also advised and counseled clients in connection with employment/independent contractor agreements, separation agreements, and workplace policies and procedures.

Education

• Seton Hall University School of Law, J.D., 2004
• Franklin & Marshall College, B.A., Biological Foundations of Behavior: Neuroscience, 2001

Admissions

• All Courts of the State of Arizona
• All Courts of the State of California
• All Courts of the State of New Jersey
• All Courts of the State of New York
• United States Court of Appeals for the Ninth Circuit

Memberships and Activities

• State Bar of California
• State Bar of New York
• State Bar of New Jersey
• State Bar of Arizona
• American Inns of Court, Louis M. Welsh Chapter
• Association for Corporate Growth, San Diego
• Association of Business & Trial Lawyers
• Downtown San Diego Partnership
• San Diego County Bar Association
• San Diego Defense Lawyers

Professional Recognition and Awards

• Selected by peers for inclusion in the 2022-2024 Best Lawyers in America in the field of Commercial Litigation
• Selected to Super Lawyers 2019-2023 in the areas of Professional Liability: Defense, and Employment Litigation: Defense, and Business Litigation
• Recognized as a 2015 “Rising Star” by Super Lawyers (a designation limited to the top 2.5% of attorneys 40 years old or younger in practice for 10 years or less)
• Named to the 2015 and 2016 Best of the Bar List included in the San Diego Business Journal’s publications (selected attorneys chosen by their peers as the most outstanding in their field)
• Selected by peers for inclusion in the 2022 Best Lawyers in America in the field of Commercial Litigation