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James H. Birch

Partner
Dallas
+1.214.939.5988
Fax +1.214.939.5849

Primary Practice

Secondary Practices

Education

  • J.D., University of Arkansas School of Law Fayetteville, 1982, (with high honors)
  • B.A., University of Arkansas, 1979, (with honors)

Admissions

  • Bar of Arkansas (Inactive)
  • Bar of Texas
  • United States Court of Appeals for the Eighth Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court for the Eastern District of Arkansas
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Northern District of Texas
  • United States District Court for the Western District of Arkansas
  • Biography Overview
  • Additional Background
  • Representative Work

Mr. Birch represents business clients in all aspects of labor and employment law and in commercial litigation. During his more than 23 years of practice, he has assisted management in diverse businesses, including the outsourcing, information technology, insurance, healthcare, hospitality, manufacturing, retail and wholesale, transportation, media, professional services, banking and construction industries.

In addition to counseling clients on compliance with state and federal labor and employment laws, Mr. Birch actively represents employers in court, administrative and arbitration proceedings.  His practice includes work before various federal and state agencies with employment-related jurisdiction.  Mr. Birch advises clients on corporate compliance and internal investigation matters.  As part of his employment law practice, Mr. Birch advises and represents employers regarding the protection of trade secrets and confidential information and on covenants not to compete.

Mr. Birch’s litigation practice includes shareholder/partner claims in closely held businesses, breach of fiduciary duty, shareholder/partner disputes (including derivative actions), fraud, breach of contract, and business torts.  He has been primary counsel on complex cases, including class actions.

Areas of Emphasis

  • Labor and employment litigation
  • Management labor relations
  • Commercial litigation
  • Professional liability defense
  • Appeals

Achievements

  • Texas Super Lawyer - Law & Politics Magazine and Texas Monthly, 2008
  • Best Lawyers in Dallas - D Magazine, 2011.

Professional/Civic Activities

  • American Bar Association
    • Labor and Employment Law Section
  • State Bar of Texas
    • Labor and Employment Law Section
  • Dallas Bar Association
  • Arkansas Bar Association
    • Former Chair, Labor Section
    • Death Penalty Project Committee
  • Served as counsel on several prisoner rights and habeas corpus cases in federal court

Speaking Engagements

  • "Who is My Client, Loss Prevention for Health Care Lawyers," Health Law Conference sponsored by the Health Law Section of the State Bar of Texas and the Texas Hospital Association, 2007
  • "Ethical Issues and Malpractice Prevention for Healthcare Lawyers," University of Houston Health Law Seminar, 2007
  • Panelist, "Labor and Employment Law Roundtable-Recent Developments", sponsored by Texas Lawyer, 2007
  • "Traps for the Unwary, Ethical Pitfalls in Tax Practice" Tax Section of Dallas County Bar Association, 2007
  • "Legal and Ethical Issues in Electronic Discovery" International Council of Shopping Center Counsel Conference, Orlando, Florida, 2006
  • "How to Take and Defend the Executive's Deposition," Texas Bar CLE-Webcast, 2005
  • "Compliance Programs One Year After the Sentencing Guidelines Amendments," Panelist, South Texas College of Law, Corporate Compliance Center, 2005
  • "Wage & Hour Update, New Developments Under an Old Standby," Hughes & Luce Client Briefing, Dallas, 2003
  • "Recent Developments in Labor and Employment Law," Dallas Baptist University, Masters of Human Resources class, 2003
  • "HR Practices to Keep You Out of Jail," Law@work 2002, Dallas and Austin, Texas, 2002
  • "Pick Your Poison: Arbitrate or Litigate," Law@work 2001: Strategies for Change, Dallas and Austin, Texas, 2001
  • "Ethical Dilemmas in Joint Defendant Cases: Who's Your Buddy?" Law@work 2001: Strategies for Change, Dallas and Austin, Texas, 2001
  • "The Internet, E-mail and Employees," HR Southwest Symposium, 2000
  • "The Internet, E-mail and Employees," Texas Mental Health and Mental Retardation Department Management Conference, Kerrville, Texas, 2001
  • "The Family and Medical Leave Act of 1993: 2000 Update," ALI-ABA Course Employment and Labor Relations Law for the Corporate Counsel and the General Practitioner, San Francisco, Calif., 2001
  • "Covenants not to Compete and Employment Agreements," Corporate Law Section of the Dallas Bar Association, 2000
  • "Reasonable Accommodation in the Cyber-Commuter Era," Law@work Client Briefing, 2000
  • "Ethical Considerations in Employee Investigations," Law@work Client Briefing, 2000
  • Palasota v. Haggar Clothing Co, 499 F.3d 474, (5th Cir. 2007). (ADEA appeal);
    Bacon v. Electronic Data Systems, 219 Fed.Appx. 355, 2007 WL 625008 (C.A.5 2007) (FMLA Retaliation),
  • Raven Services Corp. v. National Labor Relations Board, 315 F.3d 499, No. 01-60976 (5th Cir. 2002) (Appeal of an NLRB bargaining order.)
  • Johnson v. SBC Advanced Solutions, Inc., Not Reported in F.Supp.2d, 2004 WL 1151650 (N.D.Tex.,2004)
  • Treadway v. Shanks, 110 S.W.3d 1 (Tex.App.-Dallas,2000.)
  • Lyon College v. Melissa Gray, 67 Ark. App. 323, 999 S.W. 2d, 213, 1999 Ark. App., Lexis 605 (Ark. App. 1999) (Breach of contract claim under a College's Honor Code.)
  • Four T's, Inc. v. Little Rock Municipal Airport Commission, 108 F.3d 909 (1997) (Complex case involving claims under the Airport and Airways Improvement Act, Sherman Act and 42 U.S.C. § 1983.)
  • Pace Industries, Inc. d/b/a Precision Ind., Inc., 320 NLRB No. 15, 1996 NLRB Lexis 23 (1996) (Trial opinion in a major NLRB case.)
  • Simmons v. Lockhart, 915 F.2d 372 (8th Cir. 1990); Simmons v. Lockhart, 856 F.2d 1144 (8th Cir. 1988); and Simmons v. Lockhart, 709 F. Supp. 1457 (E.D. Ark. 1989) (Death penalty habeas corpus case)
  • Monroe v. Guardsmark, Inc., 856 F.2d 1065, 47 F.E.P. Cases 425 (8th Cir. 1988)
  • Monroe v. Guardsmark, Inc., 660 F. Supp. 1357, 44 F.E.P. Cases 1232 (W.D. Ark. 1987) (Employment discrimination case.)
  • Cobb v. Stringer, 850 F.2d 356, 47 F.E.P. Cases 130 (8th Cir. 1988) (Employment discrimination case)
  • Bracamontes v. Weyerhaeuser Co., 840 F.2d 271 (5th Cir. 1988) (Agricultural Worker Protection Act case)
  • Thomerson v. Lockhart, 835 F.2d 1257 (1987) (Habeas corpus appeal)
  • Mary Baggett v. Program Resources, Inc., 806 F.2d 178, 42 FEP Cases 648 (1986) (Employment discrimination case)
  • Donovan v. Rose Law Firm, 768 F.2d 964, 119 L.R.R.M. 3345 (8th Cir. 1985) (Complex constitutional challenge to the consultant reporting provisions of the LRMDA)
  • NLRB v. Monark Boat Co., 713 F.2d 355, 113 L.R.R.M. 3749 (8th Cir. 1983) (Challenge to the NLRB's certification of election results)
  • Davis Forestry v. Smith, 707 F.2d 1325 (11th Cir. 1983) (AWPA appeal)
  • Monark Boat Co. v. NLRB, 708 F.2d 1322 (8th Cir. 1983) (Equal Access to Justice Act appeal)
  • Williams v. BLM Co., Inc., 731 F. Supp. 231, 52 F.E.P. Cases 459 (N.D. Miss. 1990) (Employment discrimination case)
  • Supreme Court Committee on Professional Conduct v. Muhammed, 291 Ark. 225, 723 S.W. 2d. 828 (1987) (Represented the committee in a contempt proceeding against an attorney)
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