Moore & Van Allen Law Firm, Attorneys
Practice Areas
  • B.A., College of the Holy Cross, cum laude;
  • Phi Beta Kappa
  • J.D., Duke University; Order of the Coif;
  • Articles Editor, Duke Law Journal
  • New York
  • North Carolina
  • U.S. Supreme Court
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • District Court of the District of Columbia
  • All North Carolina Federal District Courts
  • All New York Federal District Courts
100 North Tryon Street
Suite 4700
Charlotte, NC 28202-4003

James (Jim) P. McLoughlin, Jr.

Member
Overview
Representative Matters
News & Events
Publications
Professional Affiliations

Jim McLoughlin's extensive regulatory, litigation and arbitration track record includes civil trials and appeals in state and federal courts across the country; and criminal investigations, trials and appeals in matters from anti-terrorism to antitrust to securities fraud. He has represented clients in responding to and defending investigations by the SEC, IRS, FINRA, DOJ, FTC, CFTC, OCC, FRB, NC Attorney General's Office, the FCA, the Monetary Authority of Singapore, the Hong Kong Monetary Authority, the Central Bank of Brazil, the Brazilian IRS and antitrust authority, and the Korean FTC, among others.

Services McLoughlin regularly provides his diverse clients include:

  • Complex business and securities litigation
  • Class action litigation
  • Internal investigations
  • Criminal defense
  • Appellate litigation
  • Industry arbitrations

Of Note

Awards and Professional Recognition

  • Awarded the AV Preeminent™ Judicial Rating by Martindale-Hubbell, 2016
  • Best Lawyers 2012, Charlotte Litigation - Banking and Finance Lawyer of the Year
  • Included in Best Lawyers in America for Commercial Litigation, Bet the Company Litigation, Banking and Finance Litigation, Regulatory Enforcement Litigation and Securities Litigation 2009-2019
  • Recognized in the 2010-2019 editions of Benchmark Litigation as a "Local Litigation Star" in the areas of Appellate, Civil, Criminal, Corporate Governance, General Commercial, Healthcare, Internal Investigations & Securities
  • Included in Chambers Partners USA in North Carolina - Litigation: General Commercial, 2006-2018
  • Selected for inclusion to the North Carolina Super Lawyers list in 2006-2018 in Business Litigation, Criminal Defense, and Securities Litigation
  • Recipient of the 2012 Sally and Bill Van Allen Public Service Award

Seminars and Publications

Representative Matters

  • Representing the defendant in the first criminal fraud case brought by North Carolina state authorities related to cryptocurrencies.
  • Representing the defendant against a multi-count indictment alleging international money laundering and immigration fraud arising from alleged illegal bribery and extortion in Russia.
  • Co-counsel in representation of the Transaction Committee of the Board of Directors of Reynolds American, Inc. in connection with the acquisition by British American Tobacco p.l.c.
  • Principal counsel for a major international bank in response to the regulatory investigations in the U.S., Europe, and Asia-Pacific related to LIBOR and other reference rates.
  • Principal counsel for a major international bank in response to the regulatory investigations in the U.S., Europe, and Asia-Pacific related to foreign exchange trading.
  • Representing Royal Bank of Canada in In re Foreign Exchange Benchmark Rates Antitrust Litigation, U.S.D.C. S.D.N.Y Case No. 1:13-CV-07789-LGS.
  • Conducted a multi-jurisdictional international investigation on behalf of a client to respond to international regulatory inquiries regarding the Panama Papers.
  • Successfully represented independent directors of Reynolds American in the North Carolina Business Court and in the North Carolina Court of Appeals arising from the acquisition of Lorillard by Reynolds American obtaining a dismissal of the case against them.
  • For Rexam, Inc. led the successful prosecution of one of the few defendants’ class actions over the vesting of certain benefits under ERISA in U.S. district courts in Minnesota, Ohio and California.  
  • Won a jury trial in the North Carolina Business Court on behalf of a minority shareholder claiming breach of fiduciary duty, breach of contract and theft of corporate assets.
  • Represented a national healthcare company in the defense of an anti-trust class action in Arizona arising from alleged price-fixing by hospitals in the employment of hospital staff.
  • For many years has assisted an international bank client with the management of its litigation portfolio, including tax, civil, regulatory and labor matters in South America, particularly in Brazil and Argentina.
  • Won an arbitration defending a client against multi-million dollar Sarbanes-Oxley and state law claims brought by a terminated trading employee who alleged he was terminated for whistle-blowing.
  • Successfully represented a client in an investigation of sales practices of placement agents in dealings with state pension officials.
  • Represented the Bank of America Corporation in connection with the investigation of that corporation's merger with Merrill Lynch by the Attorney General of North Carolina.
  • Conducted a successful, accelerated internal investigation of possible fraud in a client's division to preserve the sale of the division.
  • Represented one of two defendants in the first anti-terrorism jury trial after the tragedy September 11.

REPRESENTATIVE CASES

PAST REPORTED MATTERS IN WHICH MR. MCLOUGHLIN HAS PARTICIPATED INCLUDE:

  • Corwin v. British American Tobacco, PLC, et al., 796 S.E.2d 324 (N.C. App. 2016)
  • Blythe v. Bell, N.C. Superior Court 11-cvs-933/N.C. Business Court 2012 NCBC 42 (July 26, 2012)
  • Mancuso v. Charles R. Schwab & Co., U.S. District Court, District of South Carolina, Docket No. 2:07-cv-03852
  • Vanguard Identification Systems, Inc. v. Kappos, 407 Fed. Appx. 479 (Fed. Cir. 2011)
  • S.A.H.H. Hosp. Mgmt., LLC v. San Antonio Hosp. Mgmt., 2013 U.S. Dist. LEXIS 151881 (U.S.D.C. W.D.Tx. 2013)
  • Cindy Johnson v. Arizona Hospital and Healthcare Association, U.S. District Court, District of Arizona, Docket No. 07-cv-01292
  • In re Inspire Pharms. Inc. Sec. Litig., 515 F. Supp. 2d 631 (M.D.N.C. 2007)
  • State of North Carolina Commissioner of Banks v. W.R. Starkey Mortgage, Wake County, North Carolina Superior Court, Docket No. 09-cvs-023513
  • Robert Lowinger v. FairPoint Communications, Inc., et al., 2005 U.S. Dist. LEXIS 44720 (W.D.N.C. 2005)
  • Rexam Inc. v. United Steel Workers of America, 2006 WL 2530304 (D. Minn. August 31, 2006)
  • Robert A. Johns v. Rexam Medical Packaging, 2005 WL 1308319 (M.D. Ga. June 1, 2005), aff’d 2006 WL 1071854 (11th Cir. 2006)
  • U.S. v. Mohamad Hammoud, U.S. District Court, Western District of North Carolina, Docket No. 3:00-cr-147, and U.S. Court of Appeals for the Fourth Circuit, Docket No. 11-4164
  • Coastal Healthcare v. Schlosser, 673 So.2d U.S. App. 62 (Fla. App. 1996)
  • Moss v. J.C. Bradford & Co., 334 N.C. 688; 436 S.E.2d 381 (N.C. S.Ct. 1993)
  • Lowder v. All Star Mills, Inc., 103 N.C. App. 479; 405 (1991) aff’d 330 N.C. 119; 409 S.E.2d 595 (1991)
  • Jeske v. Brooks, 875 F.2d 71 (4th Cir. 1989); Fed. Sec. L. Rep. (CCH) P94, 494 (1989)

Professional Affiliations

  • Law Clerk to Hon. Eugene Gordon, Senior Judge, United States District Court, Middle District of North Carolina
  • Member, Board of Trustees, Lawyers' Committee for Civil Rights Under Law
  • Fellow of the American Bar Foundation
  • American Bar Association
  • North Carolina Bar Association
  • New York State Bar Association
  • National Association of Criminal Defense Lawyers