People

James C. Burling

Retired Partner

Burling, James C.

Jim Burling joined the firm in 1979 after two years with the Federal Trade Commission, and retired in 2016. He concentrated his practice in antitrust litigation and merger clearance for high technology clients, particularly in the computer, Internet, biotech and pharmaceutical industries. His practice included representing clients in private litigation, in responding to government antitrust investigations, and before the Department of Justice and Federal Trade Commission in Hart-Scott-Rodino (HSR) review of mergers and acquisitions. 

Honors & Awards

  • Recognized as a Massachusetts leader in the field of antitrust in each edition of Chambers USA: America's Leading Lawyers for Business since 2003
  • Listed in the 2014 edition of Expert Guides as a leading economist in Boston in the area of Competition/Antitrust Law
  • Listed in the 2010 edition of Benchmark Litigation for his leading antitrust practice
  • Recognized as a leader in his field in the 2009-2015 editions of Who's Who of Competition Lawyers and Economists
  • Recommended as one of the world's leading competition/antitrust attorneys in the 2006-2007 and 2009-2010 editions of PLC Cross-border Competition Handbook
  • Selected by peers for inclusion in The Best Lawyers in America in the area of antitrust law (2006, 2008-2017), and was named Boston Antitrust "Lawyer of the Year" in 2010, 2012, 2014, 2016 and 2017. 
  • Named a "New England Super Lawyer" (formerly "Massachusetts Super Lawyer") in antitrust litigation in the 2004-2016 issues of Boston Magazine
  • Recognized by his peers as one of the world's leading competition and antitrust attorneys in Legal Media Group's The Best of the Best

Publications & News

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August 15, 2016

WilmerHale Lawyers Named Among the 2017 Best Lawyers in America®, Six Recognized as Lawyers of the Year

Best Lawyers in America®—a respected peer-review publication in the legal industry—recognizes 101 WilmerHale lawyers and names six partners as Lawyers of the Year in its 23rd edition.

May 27, 2016

WilmerHale Lawyers and Practices Recognized in 2016 Edition of Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2016 edition, with WilmerHale ranking among the nation's best in 47 practice area categories. Chambers also ranked 82 WilmerHale lawyers as leaders in their respective fields.

August 17, 2015

WilmerHale Lawyers Named Among the 2016 Best Lawyers in America®, Seven Recognized as Lawyers of the Year

Best Lawyers in America® recognizes 99 WilmerHale lawyers and names seven partners as Lawyers of the Year in its 22nd edition. Only one lawyer in each legal practice specialty within each region is honored as a Lawyer of the Year.

May 19, 2015

WilmerHale Practices, Lawyers Ranked Among Nation’s Best by Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2015 edition, with WilmerHale ranking among the nation's best in 46 practice area categories. Chambers also ranked 86 WilmerHale attorneys as leaders in their respective fields.

June 9, 2014

WilmerHale Representing Analog Devices in Pending Acquisition of Hittite Microwave Corporation

WilmerHale is representing its longtime client Analog Devices, Inc., a global leader in high-performance semiconductors for signal processing applications, in its proposed acquisition of Hittite Microwave Corporation.

June 18, 2013

FTC v. Actavis: Supreme Court Adopts Rule of Reason for “Reverse Payment” Settlements

On June 17, 2013, the Supreme Court decided Federal Trade Commission v. Actavis, Inc., No. 12-416, by a 5-3 vote (Justice Alito recused), resolving a circuit split over the appropriate antitrust standard to apply when evaluating "reverse payment" Hatch-Waxman patent litigation settlements between branded and generic pharmaceutical companies.

May 24, 2013

Chambers USA 2013 Final Results Announced

Chambers USA: America's Leading Lawyers for Business today announced its final rankings for the 2013 edition, in which 93 WilmerHale lawyers and 44 firm practice areas have been recognized as leading in their field.

May 21, 2013

WilmerHale Antitrust Attorneys Listed in International Who’s Who of Competition Lawyers and Economists 2013

Eleven WilmerHale antitrust attorneys were recently named to the International Who’s Who of Competition Lawyers and Economists 2013 listing.

June 7, 2012

Chambers USA 2012 Final Results Announced

March 30, 2012

Chambers USA 2012 Preliminary Results Announced

Recent Highlights

Litigation

  • Defended a wireless communication device vendor against infringement claims brought by a wireless device competitor, asserting standard essential patents, in N.D. Cal. (Based on standard setting deceit, FRAND commitments, and patent exhaustion.)
  • Defended a computer manufacturer against unfair competition, interference and contract claims in the C. D. Cal.
  • Defended a branded drug company in a variety of "reverse payment" Hatch Waxman patent settlement cases pending in the E. D. Pa., including those brought by the FTC, generic competitors, and purported purchaser classes.
  • Defended a manufacturer of semiconductor chips in Federal Trade Commission Part 3 litigation, where the FTC alleged unlawful monopolization of markets for computer microprocessors and graphics processing.
  • Pursued monopolization and patent exhaustion claims on behalf of a wireless communication chip manufacturer against a competitor in S. D. Cal.
  • Obtained dismissal of antitrust counterclaims against a pharmaceutical company in patent litigation in E. D. Pa.
  • Defended a cranberry cooperative against monopolization claims in D.D.C., D. Mass., and Cal. Super.
  • Defended an audio/video technology company against monopolization and conspiracy claims in C.D. Cal. and the Ninth Circuit.
  • Defended an animal health technology company against exclusive dealing claims in D. Conn. and the 9th Cir. 
  • Defended an open software joint venture against monopolization and conspiracy claims in D. Mass and the 1st Cir.
  • Defended an analog semiconductor chip manufacturer against exclusive dealing claims in N.D. Cal. and the 9th Cir. 
  • Defended a telecommunications equipment company against monopolization and tying claims in D. Mass.

Merger Clearance/Government Investigations

  • Represented a wireline communications company in an investigation by the Antitrust Division.
  • Represented two pharmaceutical companies in separate investigations by the FTC.
  • Represented an overseas holding company in a number of US and global sales and acquisitions, several involving second request proceedings.
  • Represented a pharmaceuticals company through FTC second request proceedings reviewing an exclusive license agreement.
  • Represented Internet company in acquisitions under HSR review.

Professional Activities

  • Member, American Bar Association (ABA) Antitrust Section
  • Former vice-chair, ABA Antitrust Section Intellectual Property Committee
  • Fellow, Massachusetts Bar Association
  • Member, Boston Bar Association Antitrust Committee

Community Involvement

  • Member of the Board of Directors, Center for Public Representation
  • Member of the Board of Directors, New England Center for Children
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Education

JD, Harvard Law School, 1976

AB, Grinnell College, 1972, Phi Beta Kappa

Bar Admissions

Massachusetts

United States Supreme Court

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