James Burnham is an experienced litigator and legal strategist. As a senior Justice Department official, James led teams litigating matters of national importance and delivered over 30 arguments on behalf of the United States — working with communications experts and in-house counsel across the Executive Branch to develop and implement successful litigation strategies. He has been named a "Rising Star" in appellate litigation by Law360 and a "D.C. Rising Star" by The National Law Journal.
James has handled high-stakes civil and criminal litigation involving many areas of the law, including wire fraud and securities fraud; the Administrative Procedure Act (APA); the Sherman Act; the Securities and Exchange Acts; the Freedom of Information Act (FOIA); the Food, Drug, and Cosmetic Act (FDCA); congressional subpoenas and congressional oversight; and the U.S. Constitution. He also regularly counsels clients on managing complex legal risks against a backdrop of intense political or public interest.
James rejoined Jones Day in 2021 from the Department of Justice. As Deputy Assistant Attorney General for the Federal Programs and Consumer Protection Branches, James was the federal government's principal advocate in district court and served as the Food & Drug Administration's (FDA) principal outside counsel. And as Senior Associate Counsel to the President, James assisted in vetting, recommending, and confirming judicial nominees — including Justice Gorsuch, Justice Kavanaugh, and then-Judge Barrett.
During his previous time at the Firm, James played a central role in numerous significant matters, including McDonnell v. United States, Friedrichs v. California Teachers Association, and NLRB v. Noel Canning.
James is a member of the Edward Coke Appellate Inn of Court.
Experience
Additional Publications
- January 13, 2022
The Legal Revolution That Might Save Cryptocurrency, RealClearMarkets - 2009
Comment, Preserving Procedure: Requiring the Government to Disprove Causation in Procedural Due Process Claims, 76 U. Chi. L. Rev. 441
Speaking Engagements
- October 19, 2015
Supreme Court Declines to Hear Blockbuster Insider Trading Case:What’s Next After United States v. Newman?, The Federalist Society - March 27, 2014
President Obama's "Recess" Appointments: An Executive Power or Abuse of Power?, Georgetown Law School Symposium - February 21, 2011
The Fast-Track Disparity: A Discussion of the Newest Frontier in Federal Sentencing Law
- The University of Chicago (J.D. with high honors 2009; Order of the Coif; Kirkland & Ellis Scholar; Online Editor, Law Review; Bradley Student Fellow); The University of Texas at Austin (B.A. with special honors in Government 2006)
- District of Columbia, Arizona, U.S. District Court for the Northern District of Illinois, and U.S. Courts of Appeals for the Second, Fourth, Fifth, Seventh, Eighth, Ninth, and D.C. Circuits
- Served with the U.S. Department of Justice (2017-2020) in the following positions: Counselor to the Attorney General (January 2020–May 2020); Deputy Assistant Attorney General, Civil Division (August 2018-January 2020); and Senior Counsel (October 2017-July 2018); served with The White House (January 2017-September 2017) as Senior Associate Counsel to the President
The National Law Journal: "D.C. Rising Star" award (2020)
Law360: "Rising Star" in appellate litigation
- Law Clerk to: Justice Neil Gorsuch, U.S. Supreme Court (2020–2021) and Chief Judge Alex Kozinski, U.S. Court of Appeals, Ninth Circuit (2009-2010)