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James H. Lister

Shareholder
(202) 862-8368
Washington, D.C.
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Practice Areas

• Bankruptcy and Creditors' Rights
• Telecommunications and Technology Law
• Business and Commercial Transactions
• Commercial and Employment Litigation
• Wildlife Law

Jim practices regulatory law (primarily telecommunications and natural resources) and bankruptcy law, and also serves as outside general counsel for several BHBC clients. His career with the firm began in 1995. From 1999 until rejoining the firm in 2005, he practiced with the telecommunications and bankruptcy groups of two large national law firms. Jim became a member of the firm in 2007 and was elected a shareholder in 2011.

Jim is a veteran of 15 years of telecommunications regulatory and litigation battles before the federal courts, the FCC, and state public utility commissions on matters such as access charges and intercarrier compensation, carrier interconnection, universal service, and FCC enforcement investigations. See representative telecommunications matters.

In the natural resources and wildlife law area, Jim has represented natural resources user groups and companies in cases involving the Endangered Species Act, the National Environmental Policy Act (NEPA), the Alaska Natural Interest Lands Conservation Act (ANILCA), the National Park Service Organic Act, and other environmental statutes. See representative natural resources/wildlife matters.

Jim has also practiced in the bankruptcy area for 15 years and represents clients in both telecommunication bankruptcies and in cases involving other industries. See representative bankruptcy matters.

Jim focuses on creative and diligent preparation early in cases, looking under rocks that others pass by. Over the years this has made a key difference in many cases. Where there is reason to believe the other side has the capacity to objectively evaluate the law and evidence, Jim will work with opposing counsel to resolve the matter consensually through exchanges of correspondence and discussions -- often saving considerable litigation expense. Some cases cannot be settled. Jim has litigated multiple cases from the outset through the appellate stage.

In addition to his other areas of practice, Jim provides outside general counsel services to clients of the firm from the Washington D.C. metropolitan area with general business law needs.

Education

• College of William and Mary (J.D., 1994)
• College of William and Mary (B.A., with honors, 1991)

Admitted to Practice

• Maryland
• Virginia
• District of Columbia

Other Professional Experience

• Arter & Hadden, LLP
• McGuire Woods, LLP

Representative Matters and Selected Clients

• Represented multiple telecommunications companies as trade creditors of debtors including WorldCom, Global Crossing, e.spire, Touch America, ICG and others. Obtained enhanced creditor recoveries through objecting to Chapter 11 plan confirmation. Prosecuted contested administrative claims, obtained adequate assurance of payment and negotiated global settlements of creditor/debtor claims.
• Represented a national bank in defending multiple adversary proceedings filed by consumer debtors asserting violation of the discharge injunction and/or automatic stay. Obtained rulings dismissing cases in which debtors who had not incurred actual damages sued without first sending a demand letter.
• Litigated various billing disputes between telecommunications carriers in federal district courts across the country and in the U.S. courts of appeals. Obtained reversal in U.S. court of appeals of a summary judgment against clients seeking to collect access charges for “transit traffic” (presented oral argument).
• Member of team representing a major U.S. airline in its Chapter 11 case. Successfully resolved contested tax claims and helped prepare case for the filing of the Chapter 11 petition.
• Successfully briefed and argued a contested motion on behalf of regulated parties seeking to intervene in a lawsuit filed by an environmental group that alleged that a state agency was violating the Endangered Species Act by inadequately regulating the taking of wildlife.
• Supervised defense of mid-sized long distance carrier against complaints filed in four states by a Bell Company claiming millions of dollars of access charges.
• Obtained summary judgment in favor of small rural company client defending against a lawsuit by a Bell Company seeking “collection” under an alleged revenue sharing agreement.
• Represented Chapter 11 creditors committee in defeating a motion by a trade association debtor with $20 million in assets to voluntarily dismiss its bankruptcy case.
• Counseled clients on compliance with federal and state telecommunications regulations.
• Represented clients in the negotiation of agreements for the interconnection of telecommunications networks.
• Defended numerous lawsuits that sought to recover allegedly preferential payments made within 90 days before a bankruptcy filing, or that alleged that a transfer of property was voidable under the Bankruptcy Code for some other reason.
• Prosecuted and defended formal complaints and other contested cases before the Federal Communications Commission and state public utilities commissions.
• Assisted in prosecution of numerous fraudulent conveyance actions in federal and state court, and enforced money judgments (garnishment, levy, attachment before judgment, etc).
• Handled the fifty-state telecommunications due diligence issues for the purchase of one mid-sized long distance carrier by another such carrier.
• Negotiated and closed sales of FCC wireless licenses.

Publications and Papers

• The Treatment of the Master Service Agreement and its Associated Service Orders in a Telecommunications Bankruptcy
• Overview of FCC Enforcement Actions and Investigations