Focused advocacy and advice for complicated legal and business matters.
Practice Areas
Business Advice and Consulting
Jim represents and advises businesses in a broad range of capacities, including business formation and reorganization, contract negotiation, injury and decision-making risk management, and internal investigations. He also serves as outside general counsel to midsized businesses, usually on a flat monthly fee basis.
Business Litigation
Jim represents businesses in the prosecution and defense of claims in both state and federal courts. Throughout his career, he has handled a broad range of complex matters, including significant environmental, contract, insurance, intellectual property disputes, antitrust, securities, and consumer protection to name a few.
State of Alaska Litigation
Mr. Fosler was instrumental in establishing the State of Alaska’s practice of retaining outside counsel to pursue claims against some of the most powerful companies and industries in the world. In this capacity, he assembles national litigation teams and works closely with the State to investigate and prosecute those claims. Over the course of his career, he has brought claims on behalf of Alaska against over 90 of the largest and most powerful corporations in the world. These cases have resulted in Alaska recovering over $100,000,000.
Securities Litigation
Mr. Fosler has represented individuals and pension funds in high-profile securities cases brought under the Securities Exchange Act or as shareholder derivative case. These cases have resulted in significant recoveries for the funds and important governance improvements that benefit shareholders going forward.
Appeals
Jim has represented clients on appeal before the Alaska Supreme Court, Ninth Circuit, and United States Supreme Court (USSC). He had the honor of representing four then-living former Alaska State Governors and the Alaska State Legislature before the USSC in the Exxon Valdez litigation. He has been retained by the Alaska State Legislature on several occasions to argue before the Alaska Supreme Court constitutional issues of first impression.
Business and Personal Injury Litigation
Mr. Fosler represents seriously injured individuals and business harmed by the negligence or fraud of others. Representing individuals in personal injury cases is perhaps the most personally rewarding practice area because of the direct impact he can have his clients’ and their families’ lives.
Milestone Cases
British Petroleum
Jim brought the landmark shareholder derivative case against British Petroleum arising from a series of significant safety, environmental, and operational disasters, including the Texas City, TX, refinery blast that killed 15 workers, a partial shutdown of the Prudhoe Bay oil field after a spill from a corroded pipeline, and a federal investigation into alleged propane price manipulation. The case resulted in BP agreeing to substantial corporate governance reforms and paying $373 million in penalties.
Average Wholesale Price Litigation
Jim was retained by the State of Alaska to bring claims against 41 of the largest pharmaceutical companies in the world for artificially inflating the average wholesale price of their drugs so that, when this price but used in the State’s reimbursement formula, it resulted in providers being reimbursed by Medicaid at inflated prices. The companies “marketed the spread” between the actual and artificial price, convincing providers that they would make a higher profit from Medicaid prescribing their drug over a competitor’s drug. At one point, there were 276 defense lawyers representing the various defendant companies.
Alaska v. Merck (Vioxx)
Jim was retained by the State of Alaska to prosecute claims Merck for consumer protection violations in the marketing and sale of Merck’s blockbuster drug Vioxx. The case was initially transferred into federal Multidistrict Litigation (MDL), where Jim was appointed to the Government Actions Plaintiffs’ Case Management Committee. The case was eventually remanded back to Alaska court and settled.
Time Warner/AOL
Jim represented five Alaska-based institutional funds in an opt out action over the disastrousAOL/Time Warner merger. The case was filed in Alaska federal court under the Securities Exchange Act. His clients received approximately 10x the amount they would have received had they stayed in the class action.
Exxon Valdez (Governors’ Appeal)
Jim had the privilege of representing four former Alaska State Governors before the United States Supreme Court in the Exxon Valdez case. The former governors were Walter Hickel (governor from 1966-1969 and US Secretary of Interior from 1969-1970 and 1990-1994), William Sheffield (Governor from 1982-1986), Steve Cowper (Governor from 1986-1990), and Anthony Knowles (Governor from 1994-2002).
In re Boiler Chicken and Pork Antitrust Litigation
Jim was hired by the State of Alaska to file antitrust and consumer protection claims against 31 of largest chicken producers and 17 of the largest pork producers in the country. The defendants conspired to inflate the price of boiler chicken and pork in Alaska and elsewhere. The cases were settled for a population-based loadstar higher than any other state received.
Fee Agreements
Jim structures fee arrangements to align his interests with those of his clients. Most litigation is handled on a contingency basis, with no fee unless there is a recovery. For business litigation, he offers customized alternative fee arrangements—such as flat monthly fees or hybrid hourly/contingency structures—to provide greater cost predictability.
James E. Fosler, ESQ
- Build teams on a case-by-case basis to successfully litigate against the world’s most powerful corporations and industries;
- Provide clients with direct, personal representation; and
- Structure fee agreements that align his success with his clients’, fostering integration, partnership, and trust.
This approach has been highly successful. As detailed elsewhere on this site, Jim has represented the State of Alaska, the Alaska State Legislature, former Governors, Judges, Corporations, and Alaska Native Corporations in some of Alaska’s most notable and complex cases, including many with national significance. He also represents individuals in significant personal injury claims, a part of his practice he finds especially meaningful for its direct impact on clients’ lives.
Jim has advised business and governments on a broad range of issues, including business formation, organization and reorganization, and risk management. He has conducted internal and casualty investigations and served as outside General Counsel.
Outside of his legal practice, Jim has founded and owned several successful businesses, including a restaurant, medical practice, and his most recent venture, All In Academy, LLC (allinacademyla.com).
Jim enjoys boating, skiing, mountain biking, and traveling.