James D. Smeallie

James D. Smeallie is a partner in the Boston office of Holland & Knight, concentrating his practice on business litigation with particular emphasis in litigation involving education, employment, professional liability, intellectual property and unfair competition. Mr. Smeallie has served in firm leadership positions as executive partner of the Boston office, chair of the Education Team and as a member of the Directors Committee.
Representative Recent Engagements

Atlantic Coast Conference v. University of Maryland, College Park, et al, Guilford County North Carolina Superior Court, C.A. No. 12 CVS 10736; Board of Regents of the University System of Maryland, et al v. Atlantic Coast Conference, Circuit Court for Prince George’s County, Maryland, Case No. CAL13-02189: Co-counsel for the Atlantic Coast Conference in lawsuits in North Carolina and Maryland arising from Maryland’s refusal to pay the $52 million withdrawal payment required by the Atlantic Coast Conference’s Constitution upon Maryland’s move to the Big Ten Conference. Successfully argued a motion to dismiss the action in Maryland and obtained a favorable settlement of the North Carolina action through mediation.
Daniele International, Inc. v. USI Insurance Services of Rhode Island, Inc., et al., Providence Superior Court, C.A. No. PC-11-47110: Lead counsel in the defense of a $50-million professional errors and omissions claim by a specialty meat manufacturer against a national insurance broker arising from the alleged failure to obtain insurance that would have covered the meat manufacturer for losses sustained as a result of a nationwide product recall. After three years of litigation, the action was successfully resolved through mediation.
United States of America, ex rel. James Banigan and Richard Templin, et al v. Organon USA, Inc., et al, U.S. District Court of Massachusetts, C.A. No. 07-12153-RWZ: Lead counsel for PharMerica, a national long-term care pharmacy, in defense of federal anti-kickback claims alleged to be in excess of $1 billion arising from the defendants’ alleged unlawful promotion of a drug. Successfully argued a motion to dismiss all federal claims against PharMerica.
Pittsburg SNF LLC, et al v. PharMerica East, Inc., as successor in interest to Pharmaster L.P., U.S. District Court for the Eastern District of Texas, Marshall Division, C.A. No. 2:10-cv-363: Lead counsel in the defense of anti-kickback claims brought against PharMerica by a Texas nursing home chain arising from pricing agreements that the plaintiffs had assumed upon the purchase of the nursing homes. Claims were favorably resolved through mediation.

Good to know

Areas of Practice 1) Education, 2) Intellectual Property Labor and 3) Employment and Benefits Litigation and Dispute Resolution
Law School University of Virginia School of Law (J.D.)
Education Yale College (B.A.)
Bar Member / Association California State Bar Association, Massachusetts State Bar Association
Most recent firm Holland & Knight LLP
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