Banking & Financial Services Litigation
James C. Cunningham, Jr.
Partner
James C. Cunningham, Jr. assists clients in resolving legal and business problems. He has represented municipal governments, media, individuals and businesses in significant First Amendment, equal protection and employment discrimination cases. In labor and employment disputes, James has represented employees in vindicating their rights against domestic and foreign business entities for breaching employment and consulting contracts; invasions of privacy and conspiracies to invade privacy, and defamation and conspiracies to defame. He has also defended businesses against claims of violating the Fair Labor Standards Act. Having served as a law clerk to a member of the Florida Supreme Court, where he conducted legal research, prepared bench memoranda, screened cases for certiorari review, and drafted court opinions, James learned the skills of what matters in a case. His practice takes him to all levels of the federal and state courts and before arbitration panels.
Representative Matters 
- Represented a Florida municipality defending the constitutionality of its ordinance regulating cable television operations. The ordinance was found to be constitutional in all respects.
- Represented a bank accused by an agency of a foreign government of violating the federal and Florida Racketeer Influenced Corrupt Practices Act. No liability was adjudged against the bank.
- Represented a bankruptcy trustee suing accounting firms for damages exceeding $5.5 billion for negligent misrepresentations made to a bankrupt company in audited financial statements. The cases were resolved in confidential agreements.
- Represented plaintiffs in legal malpractice cases.
- Represented claimants and defendants in shareholder disputes.
- Represented lenders and borrowers in foreclosure actions.
- Represented a Florida hospital in an action to determine the validity of a patient's living will. This case, which was won in the Florida Supreme Court, led to the Florida legislature finally adopting legislation absolving hospitals of liability for obeying a patient's living will and medical directives.
- Represented property owners accused of Americans With Disability Act violations. All the cases have been amicably resolved.
- Represented employers accused of violating the Fair Labor Standards Act. All the cases have been amicably resolved.
Awards & Honors
- The Best Lawyers in America®, 2015-2017
- Martindale-Hubbell, AV® Preeminent™ rated
- Florida Super Lawyers, 2006-2009, 2014-2016
- Florida Trend, Legal Elite
- South Florida Legal Guide, Top Lawyers, 2015-2017
Community Activities / Associations
- Member, Board of Trustees, University of Florida Law Center Association, Inc.
- Former President, Florida Blue Key
- Member, Omicron Delta Kapp Leadership Honorary
- Member, University of Florida Student Hall of Fame
- Former Member, Executive Council of the General Practice Section of The Florida Bar
- Former Member, Access to Civil Justice Advisory Group (mandated by Congress in the Civil Justice Reform Act of 1990 for each the nation's federal district courts)
- Former Federal Magistrate Judge Selection Committee for the Southern District of Florida
- Former Chair and Vice Chair, Executive Board of New World School of the Arts, a high school and college conservatory arts program
- Former President-elect, Coconut Grove Arts Festival, Inc.
- Former Member, Boards of Directors of GableStage (a professional theatre); Florida Foster Care Review Project, Inc. (former chair); Children's Home Society of South Florida, Inc.
Prior Affiliations
- Law Clerk to the Honorable James E. Alderman, Justice of the Supreme Court of Florida
- Associate, Shutts & Bowen
- Partner, Frates Bienstock & Sheehe
- Partner, Bailey Hunt Jones & Busto
- Adjunct Instructor, St. Thomas University School of Law