Hon. James R. Epstein (Ret.) brings more than 40 years of experience to his JAMS practice, including more than 15 years of judicial service. Judge Epstein was a justice of the Illinois Appellate Court, preceded by service in the Chancery Division of the Circuit Court of Cook County, where he settled innumerable cases spanning a variety of complex claims, including commercial, class action, professional negligence, torts, insurance coverage disputes, restrictive covenants, trade secrets, contracts, eminent domain, shareholder rights, business dissolutions and many others.
While on the bench, Judge Epstein served as President of the Illinois Judges Association, and planned and conducted Illinois judicial education as a nine-year member of the Illinois Supreme Court’s Committee on Education. He served as the editor of the Supreme Court’s first edition of the Civil Benchbook for Illinois Judges. Judge Epstein’s work as a trial attorney resulted in his recognition as a Fellow of the American College of Trial Lawyers. He taught at Northwestern University School of Law as an adjunct for 15 years, and at the National Institute of Trial Advocacy (NITA) for 15 years.
Judge Epstein has been a strong proponent of ADR as the best method of serving the needs of lawyers and litigants by reducing the time, expense and risks inherent in litigating disputes. His JAMS practice has proven him to be an extremely effective mediator, recognized by attorneys as committed to bend every effort to help the parties resolve their matter.
Both at JAMS and as a judge, Judge Epstein has extensive experience as a mediator, arbitrator and judge in the following areas:
- Dissolution of businesses, partnerships and joint ventures: Judge Epstein mediated or arbitrated the break-ups of both public and closely-held businesses, legal and medical practices, and assisted in resolving issues related to valuing the assets and partner/investor interests
- Restrictive covenants/non-compete agreements: At JAMS and as a trial and appellate judge, Judge Epstein resolved numerous disputes relating to enforceability, limitations, damages and trade secrets
- Breach of contract: Judge Epstein has mediated, arbitrated or presided over countless cases involving commercial contracts, real estate contracts, commercial leases, purchase agreements, employment contracts, joint ventures, liquidated damage clauses, piercing corporate veils, fees disputes for professional services and various other issues
- Shareholder rights: Resolved disputes relating to corporate governance and access to corporate records, and matters contesting liability for partnership losses
- Estate and Beneficiary disputes: Judge Epstein has presided over and meditated numerous disputes involving estate planning, wills, and alleged breaches of fiduciary duty and undue influence
- Class Actions: On the bench, Judge Epstein resolved matters involving class certification, approval of proposed settlements, notice requirements, and objections. At JAMS, he has settled numerous class actions, both pre-suit and after cases have been filed. Lawyers have found his experience in presiding over class actions and his creativity in exploring acceptable settlement terms helpful in achieving closure
- Insurance: As a sitting judge, Judge Epstein presided over hundreds of declaratory action cases, including coverage disputes between primary and excess insurers, disputes with insured over exclusions, definitions, compliance with contract terms, public policy and bad faith claims. He has extensive experience with duties to defend and indemnify, subrogation, business interruption claims and additional insured disputes. At JAMS, he has settled numerous disputes involving all of these issues
- Professional Liability: At JAMS and as a sitting judge, Judge Epstein has resolved dozens of professional liability cases involving doctors, attorneys, accountants and insurance agents. He has resolved numerous fee dispute matters related to legal representation
- Banking: Judge Epstein has resolved cases related to lender liability, third party guarantees, bank liability for paying fraudulent wire transfer requests and other lender/borrower issues
- Torts/Personal Injury: Judge Epstein tried and settled numerous tort cases covering a wide variety of claims, including legal and medical negligence, workplace injuries, wrongful death, premises liability, automobile cases, among many others
- Intellectual Property: He tried and settled numerous cases involving trade secrets, proprietary formulas, customer lists, protocols and research and development
- Land Use/Eminent Domain: Judge Epstein has presided over and arbitrated multiple eminent domain cases, as well as cases involving citizen challenges to proposed land use
- Construction: As a practicing attorney Judge Epstein tried construction claims in federal and state court, and at JAMS has mediated a number of construction disputes, involving large commercial, high rise, nuclear sites and residential buildings
- Landlord/Tenant: Judge Epstein has settled many cases involving claims of landlord responsibility for business interruption and disputes over claims for rent
- Labor/Employment: At JAMS Judge Epstein mediated and arbitrated a wide variety of employment-based claims, including wage and hour, overtime computation, whistleblower claims, retaliative discharge, discrimination and claims relating to abusive work settings and civil rights claims
- Consumer Claims: At JAMS, Judge Epstein has resolved consumer disputes arising out of commercial contracts
- Franchise Disputes: Judge Epstein has meditated disputes between franchises and franchisees
- Fraud and Breach of Fiduciary Duty: As a judge and at JAMS Judge Epstein has ruled on, arbitrated and mediated countless cases of alleged fraud and breach of fiduciary duty