James G. McMillan

Main Practice Areas

Corporate and Commercial Litigation, Corporate Counseling, Patent Litigation, Appellate Advocacy

Bio

Jay McMillan is a partner in the Wilmington, Delaware office of Halloran Farkas + Kittila LLP. He concentrates his practice in complex corporate and commercial matters, with a particular focus on litigation in the Delaware Court of Chancery, related to mergers and acquisitions, director and officer liability, stockholder suits, and business valuation matters, involving Delaware corporations and limited liability companies.

Mr. McMillan has more than 20 years of experience in state and federal courts in Delaware and elsewhere, including in contract, patent, environmental and bankruptcy-related matters. His clients include firms in multiple industries, including financial services, technology, energy, commercial real estate, online retail and brokerage, health care, and insurance, based throughout the United States, as well as in Europe, the Middle East, Africa and Asia. He frequently works with executive management and expert consultants on highly sophisticated financial, economic and technical issues.

Mr. McMillan is trained and certified as a mediator by the Delaware Superior Court.

Before joining HFK, Mr. McMillan practiced in the Delaware offices of Pepper Hamilton LLP and Montgomery, McCracken, Walker & Rhoads. He also practiced at Bouchard, Margules & Friedlander, and he began his legal career with the Wilmington firm Morris, Nichols, Arsht & Tunnell.

Publications

Author of article titled “Delaware Corporations Can Keep Federal Securities Law Claims Out of State Courts: Delaware Supreme Court Overrules Sciabacucchi”, published on May 20, 2020 in ABA Business Law Today

Author of article titled "Delaware Court of Chancery Gives the Little Guy a Break on E-Discovery Costs", published on Apr 29, 2020 in HFK Law Blog

Author of article titled "Acting Manager of LLC Subject to Personal Jurisdiction in Delaware: Case Law Precedents “Not Persuasive” published in the August 2019 edition of the newsletter of the ABA Business Section’s Middle Market and Small Business Committee

Author of article titled "Accountants Win Dismissal of Claim for Negligent Misrepresentation in Delaware Court of Chancery" published on March 18, 2019 in HFK Law Blog

Author of article titled "Stockholders Can Hire Lawyers to Monitor Investments for Potential Litigation: Delaware Court of Chancery Gives Corporate Books to Law Firm Retained by Institutional Investor" published on February 11, 2019 in HFK Law Blog

Author of article titiled "Corporations Cannot Bar Plaintiffs from Bringing Securities Law Claims in State Court: Delaware Court of Chancery Finds Federal-Forum Charter Provisions “Ineffective and Invalid” published on January 7, 2019 in HFK Law Blog

​Education

B.A. with honors, Haverford College

M.A., University of Chicago

J.D., University of Pennsylvania Law School (Moot Court Board Bench Memo Committee Chair, Comments Editor for Journal of Labor and Employment Law, recipient of Herman Lazarus Prize for best paper on labor or employment law)

Admissions

Bar of the State of Delaware

3rd Circuit Court of Appeals

U.S. District Court for the District of Delaware