James P. McCann
James P. McCann received his Bachelor of Arts degree in 1973 in Government from the University of San Francisco where he also received his Juris Doctor degree in 1975. He has served as an Adjunct Professor of Law teaching courses in pre-trial practice and procedure and alternative dispute resolution at the University of Tulsa College of Law since 1989.
Following his graduation from law school, Mr. McCann served for six years as a Captain in the Judge Advocate General’s Corps of the United States Army, primarily focusing upon criminal prosecution and extensive work in government procurement in the field of research and development. Mr. McCann is a Master Emeritus in the Council Oak/Johnson Sontag Chapter of the American Inns of Court, and has served as a Senior Adjunct Settlement Judge for the United States District Court for the Northern District of Oklahoma from 1990 to the present.
Mr. McCann specializes in all types of commercial litigation including insurance litigation; antitrust litigation, litigation arising out of mergers and acquisitions, minority/majority stockholder disputes; oil and gas litigation; franchise litigation; and other general commercial litigation. Additionally, he has maintained his government contracting experience and assists in all phases of government contracting work.
Further, as a result of his extensive litigation experience, coupled with over 25 years’ experience as an adjunct settlement judge in federal court, he has an active mediation/arbitration practice. Mr. McCann is recognized by Best Lawyers in America for his specialty in Commercial Litigation and in 2018, was named Tulsa Lawyer of the Year in Mediation. He has been selected as a “Super Lawyer” by Oklahoma Super Lawyers every year since 2006. Thomas Reuters, the international company that publishes state-specific Super Lawyer magazines throughout the country, rates outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The Super Lawyers selection process is multi-phased and includes independent research peer evaluations and nominations. Mr. McCann has for more than 25 years been ranked as an AV Lawyer by the Martindale-Hubbell organization as well.
In addition to his commercial litigation practice, Mr. McCann has also participated as a mediator for hire and settlement judge in hundreds of mediations, settlement conferences, and arbitrations, successfully concluding litigation for the litigants involved in a significant majority of the cases. This alternative dispute resolution aspect of Mr. McCann’s practice has given him a unique insight into the settlement process and has greatly assisted him, as an advocate for his litigation clients, in securing favorable settlements where appropriate.
HONORS & AWARDS
- Best Lawyer in America – Commercial Litigation
- Tulsa Lawyer of the Year in Mediation, 2018
- Recognized in Super Lawyers, 2006 – present
- Martindale-Hubbell Rating: AV more than 25 years
- John S. Athens Leadership Award
- American Inns of Courts
PAST EMPLOYMENT POSITIONS
- Judge Advocate General’s Corps of the United States Army, Captain, 1975 – 1981
- Doerner, Saunders, Daniel & Anderson, 1981 – 2010
- McDonald, McCann, Metcalf & Carwile, 2011 – 2018
PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS
- Council Oak/Johnson-Sontag Chapter of the American Inns of Court, Master Emeritus
- Tulsa Children’s Chorus, Director 2005 – 2010
- Boston Avenue United Methodist Church, Trustee 2017 – present (current Chair of Board of Trustees)
- Pastor/Parrish Relations Committee 2004 – 2008; 2016 – 2017
- Board of Trustees 2014 – present
- Monte Cassino School Board, Director 2006 – 2010
AREAS OF PRACTICE
- General Commercial Litigation
- Insurance Litigation
- Litigation Arising out of Mergers and Acquisitions
- Minority/Majority Stockholder Disputes
- Franchise Litigation
- Personal Injury Defense
- Alternative Dispute Resolution/Mediation/Arbitration
- Iowa, 1975
- California, 1976
- Trust Territory of the Pacific Islands, 1979
- Oklahoma, 1981
- U.S. District Court Northern District of Oklahoma
- U.S. District Court Eastern District of Oklahoma
- U.S. District Court Western District of Oklahoma
- U.S. Court of Appeals 10th Circuit
- U.S. Supreme Court
CIVIL LITIGATION MATTERS:
Mr. McCann has represented private individuals, small businesses, and large national and international companies in litigation concerning a wide variety of commercial matters, as well as personal injury and wrongful death claims. The following are representative civil litigation matters in which Mr. McCann has been engaged:
- Defended a parent and its subsidiary corporation in multi-party litigation involving thirteen lawyers in a suit arising out of a failed merger and acquisition of a major oilfield equipment distribution company in a 40-day jury trial which was, at the time, the longest in the history of the Tulsa County District Court, resulting in a directed verdict in favor of the parent corporation, which was the primary focus of the defense, as the subsidiary had previously filed bankruptcy.
- Defended a wide variety of personal injury and wrongful death actions involving a national beverage company concerning its operations in the State of Oklahoma.
- Regularly defended personal injury and wrongful death actions for an electric utility company for injuries arising not only out of electrical contact, but also motor vehicle and premises liability matters.
- Defended many national corporations concerning labor and employment matters, including the first published decision in the Eastern District of Oklahoma concerning the WARN Act, following a plant closure mandated by regulatory agencies.
- Prosecuted, on behalf of major, independent oil and gas production company, suits in both federal and state court asserting millions of dollars of producers’ liens and other contract claims against a variety of third-party purchasers. These various litigation matters included actions in various state district courts, various federal courts, and the United States Bankruptcy Court for the District of Delaware.
- Represented variety of parties, in majority/minority shareholder rights disputes, including representation of both majority owners and minority interests, often resulting in millions of dollars in settlement in favor of the represented parties.
- Represented various estates in litigation over distribution of the estates’ assets.
- Defended and prosecuted Anti-Trust/Sherman Act cases involving a variety of industries.
- Prosecuted and defended various franchise disputes on behalf of both franchisors and franchisees.
- Defended significant personal injury and wrongful death matters involving vehicle accidents.