Jim Hibey is an accomplished trial lawyer with 40 years of experience in both government and private practice. As a former federal prosecutor with more than 120 jury and non-jury trials to his credit, Jim is widely sought after for his ability to tell his client's story and the ease with which he immerses himself into each client's distinct business. His civil practice ranges from antitrust and state franchise law claims, intellectual property, trade secret, Racketeer Influenced and Corrupt Organizations Act (RICO), and qui tam, to lender liability, attorney liability, bankruptcy proceedings, and constitutional law claims. Jim also represents corporations and individuals in grand jury proceedings and white-collar criminal matters involving fraud, federal elections laws, espionage and security matters, criminal tax law, environmental law, and violations of the Foreign Corrupt Practices Act (FCPA) and the False Claims Act. He has handled internal investigations for companies in response to government inquiries and whistleblower claims, or as a prophylactic measure.
Most recently, Jim has spent significant time on intellectual property litigation, specifically within the pharmaceutical realm. Other prominent, successful representations have involved the National Basketball Players Association, Ford Motor Company, Northrop Grumman, 7-Eleven, and the United Way.
- District of Columbia
- Supreme Court of the United States
- US Court of Federal Claims
- US District Court, Eastern District of Michigan
- US Court of Appeals, Federal Circuit
- US Court of Appeals, First Circuit
- US Court of Appeals, Third Circuit
- US Court of Appeals, Fourth Circuit
- US Court of Appeals, Sixth Circuit
- US Court of Appeals, Tenth Circuit
- US Court of Appeals, Eleventh Circuit
- US Court of Appeals, District of Columbia
- US District Court, District of Columbia
- J.D., Georgetown University Law Center, 1974
- B.S., University of Notre Dame, 1971, magna cum laude, Engineering Science
Areas of Work
Served as lead counsel for Huawei Device USA and Huawei Technologies Co., Ltd, an original equipment manufacturer of cellphones and other telecommunications equipment, in a trade secret and breach of contract case involving robotics and other touchscreen testing. The case went to trial in the Western District of Washington and the jury found no damages and no basis for punitive damages resulting from a misappropriation of a trade secret.
Served as lead trial counsel for Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc. and Futurewei Technologies, Inc., original equipment manufacturers and developers of cellphones and other telecommunications equipment, in a trade secret litigation, also involving breach of contract, correction of inventorship, and fraud claims, all relating to antenna technology. The case was successfully settled on terms favorable to the clients on the sixth day of a jury trial that was scheduled to last for twelve days in federal court in the Eastern District of Texas.
Representing Aquestive Therapeutics (formerly MonoSol RX) in a series of patent infringement cases against pharmaceutical companies found to be using the unique technology developed and patented by Aquestive. The patents are directed to oral pharmaceutical films for drug delivery and the process for making those films.
Represented the Puerto Rico Aqueduct and Sewer Authority in a private suit alleging a $72 million breach of contract arising from a major construction project in Puerto Rico. A settlement was reached.
Represented two Chinese nationals, who were arrested in the United States and charged, along with their China-based employer, with criminal violations of US export control laws relating to transshipments of goods from the US through China to Iran.
Represented the National Basketball Players Association in connection with the high-profile NBA lockout. Managed various assignments and served as co-counsel in the antitrust lawsuit brought against the association by the NBA.
Represented Ford Motor Company in a civil class action, Danvers Motor Company, et al. v. Ford Motor Company, which involved the Robinson-Patman Act, the Automobile Dealers’ Day in Court Act, and various state franchise law claims.
Defended Baker & Taylor against allegations of trade secret misappropriation in connection with software development and publishing services, involving competitive platforms to distribute digital media.
Represents an insurance-adjusting firm in more than 100 cases related to claims made in connection with Hurricane Katrina. The cases include allegations of RICO violations, fraud, breach of contract, and negligence.
Represents government contractors in investigations by, among others, the Department of Justice, the Defense Criminal Investigative Service, the Department of Defense, the SEC, and various Inspector Generals.
Represented Mitsubishi Heavy Industries, a leading manufacturer of wind turbines and other power systems equipment, at trial against General Electric in a dispute over the inventorship and ownership of a patent claiming methods to allow wind turbine generators to stay connected to the electrical grid despite severe drops in grid voltage.
Secured a multimillion-dollar verdict in favor of a labor union, the American Maritime Officers Union, in a jury trial, American Maritime Officers Union v. Jerome E. Joseph, which involved allegations of theft of trade secrets and breaches of fiduciary duties.
Represented plaintiff 7-Eleven in a Robinson-Patman Act and breach of contract case again Phillip Morris USA. The case was settled approximately 10 days before trial.
Represented defendant as co-counsel at summary judgment phase and as co-trial counsel in a patent infringement case, Advanced Neuromodulation Systems, Inc. v. Advanced Bionics Corporation, which settled shortly before trial on terms favorable to the client.
Obtained a multimillion-dollar jury verdict for a client in an insurance recovery case alleging breach of fiduciary duties by a broker. The case was Toomey et al. v. Wachovia Insurance Services, Inc. et al.
Served as national coordination and trial counsel for Ford in defending nationwide customer incentive programs instituted in 2000. This particular case, In the Matter of the Licensing of Ford Motor Company before the Texas Department of Transportation - Motor Vehicle Board, involved alleged violations of state franchise and antitrust statutes. The case was resolved after a trial and months of post-trial briefing in 2005, after the program at issue had run its scheduled five-year course.
Led a team of 10 lawyers from Puerto Rico and the US, representing the statehood party candidate in a federal court challenge to the procedures and vote counting in the 2004 Puerto Rico gubernatorial election.
Represented Salt River Project, one of several defendants in a federal court case alleging fraud in the negotiation and payment of royalties by certain coal and utility companies to the Navajo Nation. Obtained dismissal of Salt River Project on immunity grounds.
Represented various airlines and other companies in connection with investigations by, among others, the NTSB and the DOJ into certain airplane crashes – e.g., Egypt Air 990, TWA 800 and ValuJet 592. Served as “crash counsel” for major airlines.
Led one of the first-ever investigations into the financial reporting and accounting of a United Way of America, which ultimately resulted in the revision of the policies and procedure of the organization.
Investigated allegations of fraud, waste, and abuse on behalf of an independent committee of the Blue Cross/Blue Shield of the National Capital Area (BC/BS) board of directors, and defended BC/BS in related litigation.
Defended an outside member of WorldCom’s board of directors in a lawsuit alleging violations of the securities laws.
News & Publications
December 10, 2019
April 19, 2019
April 23, 2018
April 24, 2017
September 16, 2016
April 21, 2016
April 16, 2015
- Super Lawyers, Washington, DC, Antitrust Litigation (2014-2019)
- Fellow, American College of Trial Lawyers
- Member, International Society of Barristers
- Member, District of Columbia Barristers
- Member, American Bar Association, Litigation, Criminal Law and Individual Rights Sections
- Member, District of Columbia Bar Association