James G Powers

Practice Areas

Litigation and Dispute Resolution:

- Commercial Litigation

- Commodity Litigation

- Complex Litigation

- Construction Claims Litigation and Arbitration

- Corporate Governance, Securities Litigation and Shareholder Disputes

- Eminent Domain and Condemnation

- food and Agribusiness Litigation

- Intellectual Property Litigation

- Intellectual Property Litigation

- Personal Injury and Product Liability Litigation

Business and Corporate:

- Commodity Transactions

- Energy

- Food, Dietary Supplements and Beverage

- UCC and Secured Transactions

- Creditor Debt Collection, Foreclosure and Lien Enforcement

Career

In today’s legal environment, Jim is a bit of a rarity. He started at McGrath North as a law clerk in 1982 and has never left. He is a member of the firm’s Board of Directors. The reason for this is simple. Jim loves what he does. He provides clients with expert legal advice, and they know and trust Jim’s judgment. Jim has developed long-lasting relationships with clients who appreciate his no-nonsense legal advice.

Over the years Jim has developed a wide range of expertise in commercial and agribusiness law, eminent domain litigation, and construction litigation. Jim’s focus is on commercial litigation and he provides counsel regarding contracts, commodity and energy transactions, arbitration, bankruptcy, product liability, and land use issues. Clients have learned to trust Jim’s prompt and practical representation and appreciate his cost-effective approach to risk reduction and problem resolution.

Jim’s goal in representing a client is to provide winnable solutions. He has had a unique, broad base of experience over his three decades at McGrath North. Jim’s practice includes the representation of many of the top financial and agribusiness companies in the Midwest. His recent cases include serving as lead counsel for a major oil pipeline in obtaining a permit for it to locate a pipeline in Nebraska including successfully arguing a case of first impression before the Nebraska Supreme Court which affirmed the granting of the permit; obtaining an important decision from the Nebraska Supreme Court in over 40 eminent domain cases; serving as lead counsel for a national grain company in the Syngenta litigation and obtaining summary judgment on its behalf dismissing thousands of cases in the MDL litigation and in Illinois state court; representation of a fiber optic company in over 15 lawsuits brought after a natural gas explosion in Omaha; successfully handling several NGFA arbitration cases involving commodity pricing disputes and successfully handling construction arbitration; and in a very important decision for agribusiness obtained the dismissal of $20 million on preference claims against a forward contract merchant in Oregon Bankruptcy Court.

Jim understands that clients come to him to avoid risk and resolve disputes in their favor. He knows the ultimate decision maker is often a judge or jury and realizes not every dispute needs to end up in their hands, but when it does, Jim’s clients are proud to have him represent them in court. The bottom line for Jim is that he is never satisfied unless his clients are satisfied, and that is why he has achieved the success he has.

Professional Memberships

Omaha Bar Association

Nebraska State Bar Association

American Bar Association – Subcommittee on Agriculture and Agribusiness Financing

Education