Jim McCown
Partner
Telephone: 972.371.2420
Email: jmccown@nvmlaw.com
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Practice Areas: Media Litigation, Commercial Litigation, Real Estate Litigation
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Biography

Mr. McCown joined the firm in July, 2005, after practicing law for twelve years at a major Texas law firm. He has been privileged to represent clients from the biggest names in business to individuals and start-ups in their business disputes. Mr. McCown has broad experience in all types of trial and appellate work, including media and commercial litigation. He is AV-Peer Review Rated (the highest possible rating) by Martindale-Hubbell. His expertise as a trial lawyer was recently recognized in Texas Monthly magazine, in which his peers named him as a "Texas Super Lawyer, Rising Star" in its April 2007 edition. Mr. McCown has been previously recognized as a "Texas Super Lawyer, Rising Star" in July 2005 and July 2004, the only such attorney in First Amendment/Constitutional Law for either year. He was also recognized by "D" Magazine in 2002 as one of the top lawyers under 40 in Dallas.

COMMERCIAL LITIGATION :

Mr. McCown has handled business disputes on a variety of subjects. His experience includes general and complex commercial litigation, financial, securities and accounting litigation. Both within and outside of the securities context, he has handled numerous trade secret and intellectual property cases. He recently represented a major telecommunications company in a trade secret and intellectual property dispute with one of its former customers. In addition to a jury verdict in favor of the company, Mr. McCown also obtained and upheld a temporary injunction against the customer from misappropriating the company's proprietary products.

He has also represented numerous real estate interests, including landowners, landlords, and tenants. He has also successfully represented property owners in disputes relating to the purchase and sale of real property. In two such cases, Mr. McCown actually obtained judgments against the plaintiffs who had initiated lawsuits against property owners relating to disputes over purchase and sale agreements.

In addition to his extensive trial, appeal, and arbitration experience, he is well-versed in all aspects of extraordinary remedies, including injunctive relief, mandamus, and pre-judgment remedies.

MEDIA LITIGATION:

Mr. McCown's media work is extensive and has resulted in several influential opinions in Texas jurisprudence. Recently, he obtained the dismissal of a libel suit against an Odessa television station in a published opinion based on the application of the fair reporting privilege. This opinion is the most expansive authority on the fair reporting privilege to date. Importantly, this dismissal was obtained without the expense and delay of discovery. Mr. McCown subsequently obtained two dismissals for Texas newspapers in libel cases, again, without incurring the costs and expense of the plaintiff's deposition based, in part, on the fair reporting privilege.

Mr. McCown's work has also resulted in important published opinions involving the limited purpose public figure doctrine, and the libel proof doctrine. Both opinions stand as some of the leading authorities in Texas on those issues. His experience in media law and litigation includes open records and freedom of information, pre-publication review, and newsgathering torts.

Memberships

Admitted

Texas
United States District Court for the Northern, Southern, Eastern and Western Districts of Texas
United States Court of Appeals for the Fifth Circuit

Education

Texas Tech University School of Law, 1993, Doctor of Jurisprudence, magna cum laude.
New Mexico State University, 1990, B.B.A., Finance

Published Cases

Cano v. North Texas Nephrology Associates
Davis v. Star-Telegram Operating, Ltd.
Happy Industrial Corp. v. American Specialties
Kollmeyer v. Stewart
Markel v. World Flight Inc.
Mayes v. Lin Television of Texas Inc.
New Times v. Wamstad
Russell v. A.E. Marketing, L.L.C.
Scaife v. Associated Air Center Inc.
Swate v. Schiffers
Ericsson Inc. v. MarketShare Telcom, Inc., 198 S.W.3d 908 (Tex. App. -- Dallas 2006, no pet.)
Freedom Communications v. Sotelo, 2006 WL 1644602 (Tex. App. -- Easltand, June 15, 2006, no pet.)

This website and the materials therein are for information purposes only on general matters and are not intended to provide, and do not provide, legal advice on any particular legal matter or issue. No attorney-client relationship is created with any firm attorney absent a written, signed agreement by the firm to engage in one or more specific legal matters. We strive to update this website regularly, but the information herein may become outdated, reversed, or inapplicable at any time. Past performance is no guarantee of future results. Every matter is different. Similar results may not be obtained in your matter.

© 2005-2007 Nesbitt, Vassar, McCown & Roden, L.L.P. Attorneys are Not Certified by the Texas Board of Legal Specialization.
The attorney responsible for the content of this site is James M. McCown.
The firm's principal and only office is located in Addison, Texas.

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