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James Maloney practices in the Real Estate, Construction Practice, Restructuring & Insolvency, Commercial Litigation Practice Groups. He represents purchasers of design and construction services in negotiating and drafting all types of agreements concerning construction-related services, and in the concerns of contract administration and disputes regarding project delays, defects and warranty matters. He has litigated extensively through jury trials, bench and agency trials, mediations, arbitrations and appeals. He has litigated in the areas of commercial lease and finance disputes; construction defects and contract disputes; creditors' rights and loan enforcements in environments of direct, participating and securitized loan portfolios; claims under commercial leases, energy and utility contracts; auto, premises and product liability; personal injury and property damage, wrongful death; insurance coverage disputes; business and fiduciary torts and RICO actions; intentional torts; employment claims; and civil rights litigation.

Practices

Civic Involvement & Honors

    • University of Missouri-Kansas City – National Trial Competition Team; Thomas E. Deacy Trial Lawyer Award
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Professional Affiliations

    • Missouri Bar Association
    • Kansas City Metropolitan Bar Association
    • Kansas City Metropolitan Bar Association
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Representative Experience

  • Consultation and drafting for contractor, subcontractor, vendor, and emergency power agreements in construction of $120 Million consolidated data center.
  • Assist lender in multi-state and federal district foreclosure litigation strategy and resulting deed in lieu enforcement of $122 Million secured loan portfolio on nine commercial properties.
  • Assist wireless infrastructure providers in consultations, zoning and permit approvals, and litigation for deployment of multiple communications tower siting projects.
  • Assist market-leading SaaS web cloud electronic records company on a national basis in claims, administration, compliance and enforcement of software licensing and electronic records hosting agreements within customer liquidations and restructurings.
  • Assist commercial owner in consultation, structure and preparation of design-build contract and ongoing construction administration for $220 Million regional manufacturing facility.
  • Representation of securitized loan pool in multiple federal enforcement actions of defaulted commercial loans totaling $18 Million.
  • Assist local government entity in litigation against a regional electrical utility to enforce a peak power energy agreement for recovery of $31.5 Million under negotiated settlement.
  • Defense of multiple corporations and corporate officers in actions for breach of asset purchase agreement, breach of lease, breach of vendor contract, and claims of fraud, embezzlement, breach of fiduciary duty, and illegal practices under RICO.
  • Defense of local government entities in a civil rights, employment and tort litigation.

Publications

  • “Rule 2004 Obligations and Risks for 3rd-Party Witnesses,” Law360 Expert Analysis, December 2016
  • “Bringing the Debtor to the Table: Expediting Litigation Contests of Creditor Standing,” Morris Anderson Renaissance, Fall 2015

Speaking Engagements

  • Lecturer and Co-Chair – Second Annual Insurance Claims Symposium, Sponsored by UMKC/CLE, 1994
  • Lecturer and Co-chair – First Annual Insurance Claims Symposium, Sponsored by UMKC/CLE, 1993
  • "Missouri Insurance Coverage Issues and the Permissive User," University of Missouri-Kansas City Continuing Legal Education seminar, 1993
  • Developer, Lecturer and Co-chair – Third Party Practice Seminar, Sponsored by UMKC/CLE, Kansas City and St Louis, 1991
  • "Third Party Practice in Missouri," University of Missouri-Kansas City Continuing Legal Education seminar, 1990