All posts by James Kurz

About James Kurz

Tel: (703) 684-2000
Fax: (703) 684-5109

James Kurz’s law practice builds on his experience as a litigation partner with two AmLaw 100 firms (Womble Carlyle Sandridge & Rice PLLC and ReedSmith LLP), his time as a federal prosecutor, and his work as a federal government antitrust attorney. He has extensive courtroom experience in business litigation, including computer, software and communications technologies cases.

His professional resume lists in excess of 180 trials to verdict, including more than 40 jury trials.

Mr. Kurz has an AV® Preeminent rating from Martindale-Hubbell, the highest rating possible, and he is recognized among The Best Lawyers in America® 2016.

Practice History
• Womble Carlyle Sandridge & Rice PLLC, Litigation Partner
• ReedSmith LLP (formerly Hazel & Thomas, P.C.), Litigation Partner
• Kurz Koch Doland & Dembling (and predecessor firms), Founding Partner
• Office of the United States Attorney, Washington, D.C., Special Assistant U.S. Attorney
• Federal Trade Commission, Bureau of Competition, Antitrust Staff Attorney

• J.D., University of Virginia School of Law
• University of Virginia, Graduate Economics (Ph.D. course work, no dissertation)
• B.A., with Honors, Economics, University of North Carolina at Chapel Hill
• Phillips Academy, Andover, Massachusetts

Spoliation Redux in Virginia: Rule 37(e) in the Spotlight

Rule 37(e) remains a lightning rod among the eDiscovery amendments to the Federal Rules. The Rule, which governs ESI spoliation instructions, produced by far the most heated discussions in the 12-year FRCP eDiscovery amendments process. The Rule is now the subject of a May 1, 2018 Judge Robert E. Payne opinion in Steves and Sons,  Continue Reading »

Supreme Court of Virginia Provides Added Guidance on Attorney’s Fees Awards

The Supreme Court of Virginia released three decisions in recent months that provide added guidance on attorney’s fees awards.   While these are state court decisions, it is Virginia law, not federal law, that governs attorney’s fees awards on matters arising under Virginia law in the federal courts.  For example, attorney’s fees awarded by a federal  Continue Reading »

Supreme Court of Virginia Addresses the Reach of Conspirator Liability under the Virginia Business Conspiracy Act

The Supreme Court of Virginia recently addressed conspirator civil liability under the Virginia Business Conspiracy Act, Va. Code §§ 18.2-499 and -500.  Borrowing from Illinois law, the Court recited that “[t]he function of the conspiracy claim is to extend liability in tort beyond the active wrongdoers to those who have merely planned, assisted or encouraged  Continue Reading »

Personal Jurisdiction in the Internet World Redux

In this Blog post, we look at two recent Judge Ellis decisions on personal jurisdiction: Zaletel v. Prisma Labs, Inc., 226 F.Supp.3d 599 (E.D. Va. 2016), and Thousand Oaks Barrel Co., LLC v. Deep South Barrels LLC, 2017 WL 1074936 (E.D. Va. 2017). It seems that the Alexandria federal court’s Friday Motions Docket often has  Continue Reading »

Fourth Circuit Pulls No Punches in en banc Ruling on Second Immigration Order

In writing for the majority in the Fourth Circuit’s May 25, 2017 en banc decision on the second Immigration Order, Chief Judge Roger L. Gregory pulled no punches.  The combined opinions of the Court in International Refugee Assistance Project v. Trump (No. 17-1351) span 206 pages, but in the opening paragraph of his majority opinion,  Continue Reading »

Two Must-Reads for e-Discovery Lawyers

There are two new must-reads for lawyers who frequently encounter e-discovery issues.   A decade after The Sedona Conference’s 2007 publication of The Sedona Principles (2d ed.), the Public Comment Version for the forthcoming third edition has been released.  This impressive work will certainly be recognized as the updated bedrock guidance on nearly all e-discovery issues.   Continue Reading »

Failure to Use Basic Security Protections when Transferring Electronic Files Results in Waiver of Privilege

The Attorney/Client Privilege and Work Product Protection for a video file transferred via was lost when a client failed to use basic security precautions.  A February 2017 ruling by a Western District of Virginia magistrate judge in Harleysville Insurance Company v. Holding Funeral Home, Inc. (Case No. 1:15-cv-00057) should reinforce a requirement that lawyers  Continue Reading »

C-Span to Broadcast Live Audio of Today’s 4th Circuit’s Argument on Immigration Executive Order

The Fourth Circuit will hear en banc the oral argument today at 2:30 pm in International Refugee Assistance Project v. Trump.   For the first time (that we know) the Court will allow a live audio broadcast of proceedings. Earlier this year the Ninth Circuit permitted the live audio broadcast of the argument on the prior  Continue Reading »

EDVA Back in the Immigration Fray: Judge Trenga Provides Qualified Win for President Trump’s New Immigration Order

The Eastern District of Virginia continues to influence the national debate over President Trump’s new Executive Order on immigration.  Judge Anthony Trenga of the EDVA offered one of the first wins for the Government when he denied immediate injunctive relief against the new Executive Order.  While Judge Trenga’s opinion was not the first to arrive  Continue Reading »