James (Jim) R. McCullagh

Jim McCullagh, a partner in the firm's Litigation practice, co-chairs the firm's Privacy & Security practice.  Jim is also active in the Intellectual Property Litigation, and E-Discovery Services & Strategy national practices. He focuses on technology and intellectual property issues, including investigation, enforcement programs and litigation of computer fraud and abuse, data breaches, spam, phishing, IP infringement (trademark and copyright) and other unlawful activities occurring on the Internet.  Jim is familiar with the section 230 of the Communications Decency Act and has participated in cases throughout the country where section 230 immunity has resulted in an early dismissal of information service provider clients.

Jim works with the firm’s subpoena and warrant compliance group, which assists communications service providers in responding to government and other requests for lawfully authorized electronic surveillance and disclosure under the federal Electronic Communications Privacy Act (ECPA), including under the Wiretap Act (Title III), the Pen Register/Trap and Trace Statute, and the Stored Communications Act. He is also responsible for a rapid response team that helps defend clients against illegal spamming, phishing, and other malicious online behavior, and another team that helps clients work through issues related to data breaches.

Jim works with clients to develop and improve record retention policies and procedures, and in many aspects of e-discovery including auditing current practices, consulting with in-house counsel regarding process improvements and data collection, litigation readiness, and managing electronic document reviews.

Jim also has extensive experience with other complex commercial litigation, including acting as national coordination counsel for nationwide toxic tort litigation.

Professional Leadership

• International Association of Privacy Professionals (IAPP), CIPP
• Privacy/Consumer Protection Editorial Advisory Board, Law360

Clerkships

• Hon. H. Joseph Coleman, Washington State Court of Appeals, 1997 - 1999