James H. McMackin, III
Firm:
Morris James LLP
Phone:302.888.5849
Address: 500 Delaware Avenue, Suite 1500
Wilmington, DE 19801

Membership:
University: Muhlenberg College, B.A., 1996, Widener University School of Law, J.D., cum laude, 2002
Admitted: 2002, Delaware; United States District Court, District of Delaware; U.S. Court of Appeals, Third Circuit
Biography: James H. McMackin, III is a partner in Morris James' Employment Government Relations and Education Practice Group. In the group's representation of the majority of Delaware's school districts, numerous municipalities, and private employers, he routinely functions as primary counsel in state and federal court and arbitrations concerning wage and hour claims, constitutional claims, discrimination claims, labor grievances, alleged unfair labor practice actions, and employment contract disputes. His clients frequently consult with him for advice and counseling, policy drafting, and compliance audits and reviews. Jim's peers recognize him as a leader in the field of employment litigation by nominating him to peer-reviewed recognition in Chambers USA - America's Leading Lawyers for Business and Delaware Super Lawyers®, where he was acclaimed for his enforcement of post-employment restrictions and his defense of discrimination claims. Experience • Representation of employers in all varieties of litigation and administrative proceedings, including employment discrimination, discharge, constitutional claims, wage and hour issues, unfair labor practice claims, and restrictive covenants • Arbitration involving employment related disputes, and the interpretation and application of collective bargaining agreements • Counseling aimed at avoiding employment claims • Counseling educational institutions on all legal issues, and representing such clients in litigation and administrative proceedings relating to discharge of employees, expulsion of students, students' rights, Freedom of Information Act compliance, collective bargaining, and constitutional issues of due process, Freedom of Speech and the Establishment Clause Professional Affiliations Delaware State Bar Association • Labor and Employment Section, Chair, 2009-2010 • Vice Chair, 2008-2009; Secretary, 2007-2008 American Bar Association, Labor and Employment Law Section Board of Bar Examiners, Associate Member Community Affiliations Children & Families First, Board Member, 2011-Present Ducks Unlimited - New Castle County, Committee Member and Life Sponsor Claymont Community Center, Director, 2006-2009 Archmere Academy Alumni Council, Former Member Sigma Phi Epsilon Chatham Homeowners Association, Representative ALFA International, Labor & Employment Committee Recent Matters P.K. v. Caesar Rodney School District Successfully dismissed Title IX claim asserted against school district alleging disparate treatment of female student in response to alleged bullying Martin Meltzer v. City of Wilmington Successfully dismissed many employment discrimination claims asserted against the City and numerous management employees Diamond State Financial Services v. Newton One Advisors Successfully argued in a Court of Chancery injunctive relief case that a former employee and his new employer did not violate post-employment restrictions in a matter brought by the former employer City of Rehoboth Beach v. Glenn McCandless Successfully obtained and collected a judgment against a former employee for embezzlement of the employer's resources for an amount in the six figures Tropical Nursing, Inc. v. Ingleside Homes, Inc. Represented the defendant by successfully arguing a motion for summary judgment on behalf of client Ingleside Homes which defeated the plaintiff's claim to liquidated damages for a purported breach of contract to provide nursing services NuFern Inc. v. Michael O'Connor Working closely with out-of-state counsel in an injunctive action in the Court of Chancery, successfully proved that the plaintiff's former employee did not breach the terms of his post-employment restrictions by working for another company in the high-tech defense laser industry P.J. Fitzpatrick, Inc. v. Joseph Bailey Represented the employer by successfully arguing a Motion for a Temporary Restraining Order to enforce post-employment restrictions against a former employee in an injunctive action in the Court of Chancery Marguerite Johnson v. Delaware Technical and Community College Successfully received an order granting case-dispositive summary judgment on behalf of client Delaware Tech in a case alleging First Amendment retaliation and Due Process Clause violations. The case was affirmed by the Court of Appeals for the Third Circuit. Plaintiff appealed to the U.S. Supreme Court. We successfully opposed certiorari Kenneth Cole and Brigitte Brown v. Delaware Technical and Community College Successfully received an order granting summary judgment on behalf of client Delaware Tech which defeated plaintiffs' claims alleging a hostile work environment and retaliation G.A. v Indian River School District In an Education Due Process hearing, successfully defended claims by the parents of a student identified as eligible to receive special education services alleging that the student was denied a free and appropriate public education L&W Insurance, Inc. v. Harrington Represented Harrington in an action seeking to enforce a covenant not to compete. The Court denied the application for an injunction because Harrington established L&W Insurance, Inc. breached the agreement creating the covenant not to compete Kenneth Mitchell v. Wachovia, Inc. Working closely with out of state counsel, successfully received an order granting case-dispositive summary judgment on behalf of client Wachovia in a case alleging racial and gender discrimination and retaliation News & Events News & Media Mentions Sixteen Morris James Lawyers Recognized in Delaware Today's "Top Lawyers 2015" October 26, 2015 Fourteen Morris James Attorneys Recognized in Chambers USA 2015 May 19, 2015 Morris James Leads Delaware Today "Top Lawyers" Edition with 25 Recognitions October 21, 2014 Morris James Receives Top Legal Rankings in Chambers USA 2014 May 23, 2014 Four-Day Economic Summit Covered a Variety of Topics, Ranging from Cyber Threats and Social Media to Health Care and State Politics May 16, 2014 Delaware Economic Summit Speakers To Include Partners Gretchen S. Knight, Francis "Pete" J. Jones, Jr. and James H. McMackin III March 13, 2014 Morris James to Sponsor the Wilmington and Southern Delaware Heart Balls February 26, 2014 Morris James Joins State Law Resources, Inc. August 19, 2013 Chambers USA Names 13 Morris James Attorneys in Their 2013 Guide to Leading Business Lawyers May 29, 2013 Chambers USA James H. McMackin III To Speak At "Fundamentals of Employment" Law Seminar June 26, 2012 Chambers USA Names 14 Morris James Attorneys in Their 2012 Guide to Leading Business Lawyers June 4, 2012 Delaware Super Lawyers® Recognizes 11 Morris James Attorneys as Top Legal Counsel in Delaware May 18, 2012 Morris James LLP Announces Jason C. Jowers and James H. McMackin, III Have Become Partners December 22, 2011 James H. McMackin III To Serve As Chair of The DSBA Labor and Employment Section August 13, 2009 Publications Articles & Publications Pitfalls Of The Hiring Process - Obtaining Too Much Information Could Be Risky February 2015 Delaware Business Times Honors Delaware Today® "Top Lawyers," 2014-2015Martindale-Hubbell, AV Rating Chambers USA, 2012-2015 (Up and Coming) Delaware Super Lawyers® , Rising Stars, 2012 Moot Court Honor Society Phi Delta Phi Society Phi Kappa Phi Society Clerkships Intern for The Honorable Jane R. Roth, U.S. Court of Appeals, Third Circuit