(732) 634-3700
Nj Attorney for Civil Litigation

W. James MacNaughton specializes in Commercial Litigation and Business Transactions. He has 37 years of experience solving problems and guiding professionals, corporations, private citizens through the United States Judicial System. His proven track record has demonstrated consistent results in a cost-effective manner.

Cost-effective and Peaceful

“Jim was able to resolve problems in both a cost‐effective and peaceful manner with governmental and business entities who had different and competing interests . . . . Everyone won.”
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Helped Us Avoid Litigation

“He devised and executed solutions to problems we thought could not be resolved without litigation. He has extensive litigation experience and could pose a credible threat
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VERY efficient and cost effective

“With Jim behind us every step of the way, we successfully concluded the process in a very efficient and cost effective manner.”
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 (732) 634-3700
(732) 875-1250 (fax)
7 Fredon Marksboro Road,
Newton, NJ 07860

W. James MacNaughton is admitted to the bar in both NEW JERSEY and NEW YORK, and is AV RATED by MARTINDALE-HUBBELL

Civil Litigation

Civil Litigation

I view litigation and the threat of litigation as tools to resolve disputes.  I have extensive experience in all aspects of civil ligation in state and federal courts, from the initial pleadings, conducting discovery, making and defending motions, conducting trials and taking appeals.  My goal in each case is to deliver an acceptable resolution of the dispute in a cost effective manner.

Breach of Fiduciary Responsibility

Breach of Fiduciary Duty

Company officers, partners, agents and trustees have a special obligation to put the interests of others above their own. This obligation is known as a fiduciary duty. Damages can be recovered for a breach of the fiduciary duty.

Mediation

Mediation is a negotiation using a neutral third party to facilitate a settlement.  It can produce good results and save money when done properly.

ARbitration

Arbitration

Parties can, by agreement, submit their dispute to arbitration instead of going to court.  The arbitrator has the final say in resolving the dispute.  Arbitration is generally less time consuming and less expensive than going to court.  But one does not usually get the broad discovery available in court or the right to appeal an erroneous decision to a higher court.  These advantages and disadvantages should be considered before arbitrating a dispute.

Other Areas of Practice Include

  • Civil Rights Claims
  • Commerical Arbitration
  • Commerical Mediation
  • Condominiums And Cooperatives
  • Contracts
  • Copyright Licensing And Infringement
  • Corporations
  • Creditors’ Claims In Bankruptcy
  • Defmation And Libel
  • Fraud
  • Limited Liability Companies
  • Limited Partnerships
  • Partnerships
  • Purchase And Sale Of Businesses
  • Real Estate Ownership, Use And Taxation
  • Secured Transactions
  • Telecommunications Law
    •  Access To Mdu’s For Cable Facilities
    •  Leased Access To Cable Channels
    •  Satellite Antenna Sites
    •  Cell Antenna Sites
    •  Cable Television
    •  Clec
  • Tortious Interference With Contract And Prospective Economic Advantage
  • Trademark Licensing And Infringement
  • Undue Influence
  • Unfair Competition

BAR ADMSSIONS

  • NEW JERSEY AND NEW YORK STATE BARS
  • UNITED STATES DISTRICT COURTS FOR NEW JERSEY, THE SOUTHERN, EASTERN, NORTHERN AND WESTERN DISTRICTS OF NEW YORK, THE NORTHERN DISTRICT OF FLORIDA AND THE NORTHERN DISTRICT OF ALABAMA
  • UNITED STATES COURT OF APPEALS FOR THE SECOND, THIRD AND FOURTH CIRCUITS
  • UNITED STATES SUPREME COURT
  • UNITED STATES TAX COURT

SOME REPORTED CASES

  • Coxcom, Inc. v. Picerne Real Estate Group (R.I. Super, 2003) [CLICK THROUGH]
  • Media General Cable of Fairfax, Inc. v. Sequoyah Condominium Council of Co-Owners, 991 F.2d 1169 (4th Cir. 1993) [CLICK THROUGH]
  • NYT Cable TV v. Homestead at Mansfield, Inc., 111 N.J. 21 (N.J., 1988) [CLICK THROUGH]

 

SOME MEMORANDA OF LAW

             Arbitration

             Guarantor Liability

             Copyright 

             Cable Bulk Billing 

             Cable Leased Access