James R. McGuire's practice focuses on complex civil litigation, with an emphasis on the defense of consumer class actions against financial services companies under the Truth in Lending Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Real Estate Settlement Procedures Act, the federal bankruptcy code and state unfair practices statutes, including California's Consumer Legal Remedies Act and Unfair Competition Law. Mr. McGuire also has significant experience with the Federal Arbitration Act and the extensive body of federal laws governing the operations of various state and federally chartered financial institutions, including the Home Owners Loan Act of 1933, the National Bank Act and the Depository Institution Deregulation and Monetary Control Act of 1980.

Mr. McGuire received his B.A., cum laude, from California State University, Sacramento, in 1991. He received a J.D., with great distinction, from the University of the Pacific, McGeorge School of Law, in 1996. From 1996-97, he clerked for the Honorable Eugene A. Wright of the United States Court of Appeals for the Ninth Circuit. Mr. McGuire joined Morrison & Foerster as an associate in 1997 and became partner with the firm in 2004.

• SPGCC, LLC; MetaBank; and U.S. Bank, N.A. v. Ayotte, 488 F. 3d 525 (1st Cir. 2007). Affirmed summary judgment that National Bank Act and OCC regulations preempt application of Connecticut “Gift Certificate” statute to gift cards issued by national bank.
• Walker v. USAA Cas. Ins. Co., 474 F. Supp. 2d 1168 (E.D. Cal. 2007). Dismissed putative class action against auto insurer under California’s Unfair Competition Law.
• Strand v. U.S. Bank, 2005 N.D. 68 (N.D. 2005). Established enforceability of arbitration provision in credit card agreement requiring arbitration to proceed on an individual basis.
• Anderson v. Capital One Bank, 224 F.R.D. 444 (W.D. Wis. 2004). Defeated class certification and obtained partial judgment on pleadings in class action under the Fair Credit Reporting Act and the Equal Credit Opportunity Act.
• U.S. Bank v. Wallace, (C.D. Cal. 2004). Obtained summary judgment that California Financial Code section purporting to regulate ATM charges is preempted as to national bank under the National Bank Act and OCC regulations.
• Johnson v. Capital One Bank, 120 Cal. App. 4th 942 (2004). Obtained summary judgment that governing state law in credit card contract precluded expansion of card issuer's liability beyond that permitted under the Truth in Lending Act.
• Sipper v. Capital One Bank, 2002 U.S. Dist. LEXIS 3881 (C.D. Cal. 2002). Defeated class certification after exposing conflict of interest between named plaintiff and counsel that rendered representation inadequate.
• WFS Financial, Inc. v. Dean, 79 F. Supp. 2d 1024 (W.D. Wis. 1999). Obtained summary judgment that operating subsidiaries of federal savings associations enjoy the same preemption rights as their parents under the Home Owners' Loan Act of 1933 and OTS regulations.