James Carlos McFall
James Carlos McFall’s practice focuses on media, sports, entertainment, and complex commercial litigation, including cases of alleged fraud, tortious interference, breach of contract, breach of fiduciary duty, and theft of trade secrets. James also has significant experience representing large national banks and other financial institutions in a variety of matters, including multimillion-dollar disputes. He has represented lenders, corporate officers, and corporate directors in high-stakes corporate defense cases involving claims for breach of fiduciary duty and fraud.
James is experienced in all phases of litigation from investigation to trial, including depositions, preparing fact and expert witnesses to testify at trial and in depositions, arguing various evidentiary and dispositive motions, and making the opening statement and closing arguments to juries. In the fall of 2016, James tried a two-week jury trial involving claims of fraud and breach of fiduciary duty with respect to a real estate investment. The jury returned a verdict in favor of Jackson Walker’s client and awarded the client damages in excess of $12 million.
In other First Amendment media, and entertainment litigation, James has represented television networks, newspapers, journalists, internet publishers, film directors, and producers in cases of libel, defamation, and misappropriation of likeness in California and Texas. He has significant experience litigating disputes and arguing motions under the journalist’s shield law, the federal Freedom of Information Act (FOIA), state open records and meetings laws, and state anti-SLAPP statutes.
James’ sports and entertainment litigation experience includes the representation of professional athletes and professional sports franchises in commercial disputes. James also successfully defended the writer, director, and producer of the 2015 film Carter High, which chronicles the experiences of members of the storied 1988 David W. Carter High School football team leading-up to and following the team’s 1988 state championship victory, in a misappropriation of likeness claim filed by individuals depicted in the film.
During law school, James was a legal extern for Judge Jeremy Fogel of the United States District Court for the Northern District of California.
B.A., Stanford University
M.A., Stanford University
J.D., Washington University School of Law
- Senior Editor, Washington University Law Review
- U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas
- U.S. District Court for the Northern, Central, and Southern Districts of California
- U.S. District Court for the Eastern District of Arkansas
- U.S. Court of Appeals for the Eleventh Circuit
- Texas Rising Star, Super Lawyers by Thomson Reuters, 2017-2018, 2020-2022
- “Best Lawyers Under 40,” D Magazine, 2021
- Co-Author, “Student Snapchat Decision May Hint at SCOTUS Social Media Rulings,” Bloomberg Law (May 2021)
- Co-Author, “Race, Diversity, Inclusion, and the Media Bar: Will the National Conversation on Race, Diversity, and Inclusion Bring About Meaningful, Lasting Change Within Our Bar?” ABA Forum on Communications Law’s Communications Lawyer, Fall 2020, Vol. 36, No. 1 Issue (January 2021)
- Co-Author, “Challenges of Zoom Jury Trials: Lawyer Rapport, Equal Protections, Technology Hurdles,” Texas Lawyer (June 2020)
- Co-Author, “COVID-19 and Cameras in the Courtroom: Could the Pandemic and Emerging Technologies Usher in a New Era of Judicial Transparency?” Jackson Walker Insights (April 2020)
- Moderator, “The Media’s Role in Covering Protests and Controversy,” ABA Forum on Communications Law Annual Conference (January 2021)
- Panelist, “Public Sector Employees and First Amendment Issues,” American Bar Association (January 2021)
- Panelist, “Texas Market: Is Everything Bigger in Texas? Trends That Are Reshaping the Legal Industry,” Georgetown Texas Club (October 2020)
- Panelist, “Action & Allyship: A Roadmap for Diversity in Media Law,” Media Law Resource Center (MLRC) Next Generation Committee (September 2020)
In the News
- “Former High School Football Players Giving Back to San Antonio Neighborhood,” Spectrum News San Antonio (December 27, 2019)
- “Support local students with a round of golf,” San Antonio Living/News 4 San Antonio (May 6, 2019)
- American Bar Association, 2015-Present
- First Amendment and Media Law Diversity Moot Court Competition, Co-Chair, 2015-Present
- Kids-U, Board Member
- Leadership Dallas, Class of 2021
- Windcrest/Northeast Bridge Builders
- Board Member, 2015-Present
- Board President, 2018-Present
- Leadership Council on Legal Diversity (LCLD), Pathfinder Program, 2016
- Patrick E. Higginbotham Inn of Court, 2014-2015