James R. McGuire

James R. McGuire

Partner

San Francisco, (415) 268-7013

Education

California State University, Sacramento (B.A., 1991)
McGeorge School of Law, University of the Pacific (J.D., 1996)

Bar Admissions

California

Clerkships

Hon. Eugene A. Wright, U.S. Court of Appeals, Ninth Circuit (1996-1997)

James McGuire is a member and co-chair of the firm's Financial Services Litigation Practice Group.  His 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, 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 Institutions Deregulation and Monetary Control Act of 1980.

Mr. McGuire is co-editor of MoFo ReEnforcement: The MoFo Enforcement Blog, providing insights and timely reports on enforcement and regulatory developments affecting the financial services industry.

Mr. McGuire joined Morrison & Foerster as an associate in 1997 and became partner with the firm in 2004. During law school, he was a staff writer and articles editor for the Pacific Law Journal. Prior to joining the firm, Mr. McGuire served as a law clerk to the Honorable Eugene A. Wright of the U.S. Court of Appeals, Ninth Circuit.

Graham v. First International Bank & Trust (D. Conn.), Booth v. First International Bank & Trust (E.D. Pa.), Labajo v. First International Bank & Trust (C.D. Cal)
Representing First International Bank & Trust in a series of putative class actions concerning bank’s processing of ACH transactions submitted by online payday lenders that are owned and operated by Indian tribes.
In Re Checking Account Overdraft Litigation
Representing U.S. Bank and Capital One in class action, against over 50 other banks, seeking to recover allegedly excessive overdraft fees for charges made to customers' accounts on electronic debit transactions (S.D. Fla. Ongoing)
Parks v. MBNA
Authored amicus brief before the California Supreme Court on behalf of the American Bankers' Association and California Bankers' Association, which the California Supreme Court quoted at length. Parks v. MBNA America Bank, N.A., 278 P.3d 1193 (Cal. 2012)
Golinski v. United States Office of Personnel Management
In this landmark victory, Morrison & Foerster won a ruling declaring the Defense of Marriage Act (DOMA) unconstitutional and holding that discrimination based on sexual orientation should be subject to heightened constitutional scrutiny. Morrison & Foerster was awarded the 2012 Bay Area Lawyers for Individual Freedom Service Award for their work on the case. (N.D. Cal.)
U.S. Bank v. Schipper
Permanently enjoined Iowa banking officials from enforcing an Iowa banking statute that inhibited U.S. Bank's ability to offer a complete range of "electronic transfer of funds" services to state-chartered banks. U.S. Bank National Association v. Schipper, 812 F.Supp.2d 963 (S.D. Iowa 2011)
United States of America ex rel. Rudy Vigil v. Nelnet, Inc.
Obtained dismissal of a False Claims Act matter on behalf of Citigroup. United States of America ex rel. Rudy Vigil v. Nelnet, Inc.; JP Morgan Chase & Co. and Citigroup, Inc., 639 F.3d 791 (8th Cir. 2011)
Higginbottom v. U.S. Bancorp
Obtained dismissal of all claims against U.S. Bank and one of its operating subsidiaries in a putative class action challenging the interest rate allegedly charged pursuant to an equipment finance agreement between our client and a California resident and small business owner. Higginbottom v. U.S. Bancorp et al, 5:10-cv-04593 (N.D. Cal. 2011)
Capital One Bank (USA), N.A. v. McGraw
Permanently enjoined state Attorney General from issuing or pursuing subpoenas as an improper attempt to exercise "visitorial powers."  Capital One Bank (USA), N.A. v. McGraw, 563 F. Supp. 2d 613 (S.D. W. Va. 2008)
SPGCC, LLC; MetaBank; and U.S. Bank, N.A. v. Ayotte
Affirmed summary judgment that National Bank Act and OCC regulations preempt application of Connecticut "Gift Certificate" statute to gift cards issued by national bank. SPGCC, LLC; MetaBank; U.S. Bank, N.A. v. Ayotte, 488 F. 3d 525 (1st Cir. 2007)
Walker v. Geico Gen. Ins. Co.
Represented defendant USAA Casualty Insurance Co. Affirmed dismissal of putative class action against auto insurer under California’s Unfair Competition Law.  Walker v. Geico Gen. Ins. Co., 558 F.3d 1025 (9th Cir. 2009)
Strand v. U.S. Bank
Established enforceability of arbitration provision in credit card agreement requiring arbitration to proceed on an individual basis.  Strand v. U.S. Bank, 2005 N.D. 68 (N.D. 2005)
Anderson v. Capital One Bank
(W.D. Wis.). Defeated class certification and obtained partial judgment on pleadings in class action under the Fair Credit Reporting Act and the Equal Credit Opportunity Act.  Anderson v. Capital One Bank, 224 F.R.D. 444 (W.D. Wis. 2004).
WFS Financial, Inc. v. Dean
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.  WFS Financial, Inc. v. Dean, 79 F. Supp. 2d 1024 (W.D. Wis. 1999)
Graham v. First International Bank & Trust (D. Conn.), Booth v. First International Bank & Trust (E.D. Pa.), Labajo v. First International Bank & Trust (C.D. Cal)
Representing First International Bank & Trust in a series of putative class actions concerning bank’s processing of ACH transactions submitted by online payday lenders that are owned and operated by Indian tribes.
In Re Checking Account Overdraft Litigation
Representing U.S. Bank and Capital One in class action, against over 50 other banks, seeking to recover allegedly excessive overdraft fees for charges made to customers' accounts on electronic debit transactions (S.D. Fla. Ongoing)
Parks v. MBNA
Authored amicus brief before the California Supreme Court on behalf of the American Bankers' Association and California Bankers' Association, which the California Supreme Court quoted at length. Parks v. MBNA America Bank, N.A., 278 P.3d 1193 (Cal. 2012)
Golinski v. United States Office of Personnel Management
In this landmark victory, Morrison & Foerster won a ruling declaring the Defense of Marriage Act (DOMA) unconstitutional and holding that discrimination based on sexual orientation should be subject to heightened constitutional scrutiny. Morrison & Foerster was awarded the 2012 Bay Area Lawyers for Individual Freedom Service Award for their work on the case. (N.D. Cal.)
U.S. Bank v. Schipper
Permanently enjoined Iowa banking officials from enforcing an Iowa banking statute that inhibited U.S. Bank's ability to offer a complete range of "electronic transfer of funds" services to state-chartered banks. U.S. Bank National Association v. Schipper, 812 F.Supp.2d 963 (S.D. Iowa 2011)
United States of America ex rel. Rudy Vigil v. Nelnet, Inc.
Obtained dismissal of a False Claims Act matter on behalf of Citigroup. United States of America ex rel. Rudy Vigil v. Nelnet, Inc.; JP Morgan Chase & Co. and Citigroup, Inc., 639 F.3d 791 (8th Cir. 2011)
Higginbottom v. U.S. Bancorp
Obtained dismissal of all claims against U.S. Bank and one of its operating subsidiaries in a putative class action challenging the interest rate allegedly charged pursuant to an equipment finance agreement between our client and a California resident and small business owner. Higginbottom v. U.S. Bancorp et al, 5:10-cv-04593 (N.D. Cal. 2011)
Capital One Bank (USA), N.A. v. McGraw
Permanently enjoined state Attorney General from issuing or pursuing subpoenas as an improper attempt to exercise "visitorial powers."  Capital One Bank (USA), N.A. v. McGraw, 563 F. Supp. 2d 613 (S.D. W. Va. 2008)
SPGCC, LLC; MetaBank; and U.S. Bank, N.A. v. Ayotte
Affirmed summary judgment that National Bank Act and OCC regulations preempt application of Connecticut "Gift Certificate" statute to gift cards issued by national bank. SPGCC, LLC; MetaBank; U.S. Bank, N.A. v. Ayotte, 488 F. 3d 525 (1st Cir. 2007)
Walker v. Geico Gen. Ins. Co.
Represented defendant USAA Casualty Insurance Co. Affirmed dismissal of putative class action against auto insurer under California’s Unfair Competition Law.  Walker v. Geico Gen. Ins. Co., 558 F.3d 1025 (9th Cir. 2009)
Strand v. U.S. Bank
Established enforceability of arbitration provision in credit card agreement requiring arbitration to proceed on an individual basis.  Strand v. U.S. Bank, 2005 N.D. 68 (N.D. 2005)
Anderson v. Capital One Bank
(W.D. Wis.). Defeated class certification and obtained partial judgment on pleadings in class action under the Fair Credit Reporting Act and the Equal Credit Opportunity Act.  Anderson v. Capital One Bank, 224 F.R.D. 444 (W.D. Wis. 2004).
WFS Financial, Inc. v. Dean
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.  WFS Financial, Inc. v. Dean, 79 F. Supp. 2d 1024 (W.D. Wis. 1999)

Mr. McGuire is recognized in Legal 500 US 2016 and in Chambers USA 2017 for his work in Financial Services Litigation.

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