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Strategy

Adjunct Professor of Strategy

Portrait of James James Herbison, Faculty at the Kellogg School of Management

Jim is a proven litigator with over 20 major jury trials, bench trials, and arbitrations under his belt. With extensive experience in the field of antitrust, he is well versed in civil and criminal antitrust litigation, government antitrust investigations, corporate counseling, and the review and clearance of large-scale mergers and acquisitions.

Winston & Strawn partner Jim Herbison is the leader of the firm’s Illinois Antitrust/Competition practice. He concentrates his practice on complex civil and criminal litigation, as well as government enforcement and investigation matters. He has particularly distinguished experience with antitrust matters—including civil and criminal antitrust litigation, government antitrust investigations, corporate counseling, and the review and clearance of large-scale mergers and acquisitions.

Herbison represents clients in civil antitrust matters ranging from price-fixing, market allocation, and merger enforcement to antitrust issues related to intellectual property. He also has represented clients in connection with criminal price-fixing, bid-rigging and gun-jumping grand juries and internal investigations, as well as various follow-on class action lawsuits. Mr. Herbison has also represented a number of industry trade associations and assisted in ensuring their compliance with the antitrust laws—in connection with both day-to-day operations and member product conferences and services, as well as counseling on antitrust issues relating to commercial transactions.

In addition to antitrust matters, Mr. Herbison has significant trial experience in the area of complex commercial disputes, securities fraud, health care, and trust and fiduciary litigation matters. He handles matters at the trial and appellate levels of state and federal courts nationwide, as well as administrative proceedings involving state and federal regulators, and various alternative dispute resolution forums.

Herbison received a B.A. in Economics and Management from Beloit College in 1998, where he was a member of Phi Beta Kappa. He received a J.D. from Washington University School of Law in 2001, where he was elected to the Order of the Coif and served as associate editor of the Washington University Law Quarterly.

  • JD, 2001, Washington University
    BA, 1998, Beloit College

Business Law (BLAW-435-0)

This course is a survey of the legal concepts that managers and entrepreneurs will be exposed to in public, private, and non-profit enterprises. It is neither a surrogate for a law school course ( as such the course is not open to law or JD/MBA students) nor does it delve into procedural subjects, (e.g. the rules of civil procedure or evidence). Rather, the students will learn the fundamentals of torts (negligence and intentional), agency, product liability, antitrust, contracts, intellectual property, corporate governance and white collar criminal law (e.g. Foreign Corrupt Practices Act). The course content is delivered through lectures, class discussion, study of the case book, and weekly assignments. While 10% of the final grade is determined by the weekly assignments, the remaining portion of the final grade will be assessed in a three-hour, closed book, final essay exam. (There is no formal group work in this class). Other than KPPI 952 and BL 437, there is no other course that delves into the issues that will be covered in BL 435.