James (Jay) Zych is an Officer in the Litigation Practice Group. His practice focuses on general civil and commercial litigation, including business torts, intellectual property, and complex litigation. Mr. Zych has litigated matters in numerous state and federal courts and has also represented clients in matters pending before the United States Patent and Trademark Office Trademark Trial and Appeals Board.
- James J. Zych, Note, Hill v. Colorado and the Evolving Rights of the Unwilling Listener, 45 ST. LOUIS U. L.J. 1281 (2001).
- Construction. Represented joint venture responsible for the design of an 8-mile extension to the light rail commuter system for the St. Louis metropolitan area. The joint venture also served as the construction manager for the project. The transit agency terminated the joint venture for default and filed suit asserting claims including breach of contract, negligence and fraud. Following a 100 day jury trial, the jury found in favor of the joint venture on all counts and awarded the joint venture substantial recovery on its counterclaim. Bi-State Dev. Agency v. Cross County Collaborative, No. 04-CC-3335 (Mo. Cir. Ct. 2007)
- Franchise Litigation. Represented car wash distributor in tortious interference and wrongful termination claims (lost profits) against car wash manufacturer. Wash Solutions, Inc. v. PDQ Mfg., Inc., 395 F.3d 888 (8th Cir. 2005).
- Class Actions. Represented mortgage broker in defense of class action claims under Missouri Merchandising Practices Act. Vandyne v. Allied Mortg. Capital Corp., 242 S.W.3d 695 (Mo. 2008) (en banc).
- Intellectual Property Litigation. Represented seller of medical devices in action for damages resulting from patent, copyright, and trademark infringement.
- Commercial Litigation. Represented major petroleum pipeline company in complex indemnity and subrogation action. Advanta Tech. Ltd. v. BP Nutrition, Inc., No. 4:08-CV-00612, 2008 WL 4619700 (E.D. Mo. Oct. 16, 2008).
- Commercial Litigation/Intellectual Property Litigation. Represented major petroleum pipeline company in contract and trademark claims against former jobber. BP Prod. N. Am., Inc. v. Bulk Petroleum Corp., No. 2:07-C-1085, 2:07-C-1090, 2008 WL 4066106 (E.D. Wis. Aug. 27, 2008).
- Real Estate Litigation. Represented international retail property group in dispute over restrictive covenants affecting retail shopping center.
- Commercial Litigation. Represented member of marketing and advertising company in contested dissolution of company, including unwinding of numerous LLC's and division of real property interests.
- Franchise Litigation/Business Torts. Represented restaurant franchisee in successful defense of petition for temporary restraining order brought by franchisor.
- Class Actions. Represented title insurance company in class action alleging violation of Notary Public Act.
- Class Actions. Represented car dealer in class action alleging violation of Missouri Merchandising Practices Act.
- St. Louis Business Journal 40 Under 40, Class of 2010