Barclay Damon
Barclay Damon

James P. Evans

James P. Evans

Partner

p: 315-425-2827

f: 315-703-7376

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Syracuse Office

Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202

Jim Evans has more than 20 years of experience in advising and representing commercial and educational institutions regarding statutory and regulatory compliance issues, labor and employment matters, civil rights defense, student rights and obligations, and corporate governance, among many other areas. He has assisted educational institutions in policy development, board governance, and risk management issues, and defended public and private schools, including several charter schools, in litigation and special proceedings in state and federal courts throughout New York State, as well as appeals to the Commissioner of Education, inquiries by the U.S. Department of Education, Office of Civil Rights, and in proceedings before accrediting agencies.

Jim has substantial experience representing clients in commercial litigation, including claims arising out of contractual disputes, business torts, competitive bidding, labor and employment claims, and insurance coverage disputes. He has also represented commercial entities concerning deprivation of due process claims and other constitutional issues, and he has experience representing public utility companies concerning contract claims involving the N.Y. Public Service Law.

Jim has obtained significant experience in successfully handling an assortment of insurance coverage disputes, particularly claims concerning life and disability coverage. He advises insurers concerning regulatory compliance issues, contract development, and related areas.

Jim is a frequent speaker on issues pertaining to education law and commercial litigation, including presentations provided on behalf of the New York State Bar Association. He is an assistant Professor of education at Le Moyne College and a member of the New York State Bar Association, the American Bar Association, and the Onondaga County Bar Association.

Representative Experience

  • Successfully challenged an accrediting agencies decision on the accreditation of a proprietary school.
  • Successfully represented metropolitan school districts in impartial hearings concerning compliance with the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act.
  • Successfully represented a lending institution against a city that demolished the lender’s collateral without notice or an opportunity to be heard.
  • Successfully defeated a claim against a life insurance company that an insured’s death from a community-borne pathogen constituted an “accident” and was, therefore, covered under an accidental death insurance policy.
  • Successfully defeated claim that an insured had renewed her life insurance coverage by providing the insurer with credit card information because the insurer did not actually receive the premium payment from the credit card company.
  • Successfully defended sexual harassment claims filed under Title IX of the Education Amendments of 1973 against an educational institution.
  • Successfully handled regulatory compliance disputes concerning New York Labor Law.

Practice Areas

Education

  • Syracuse University College of Law, J.D., 1991
  • State University of New York at Oswego, B.A., 1983

Admitted To Practice

  • New York, 1996
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan

Memberships & Affiliations

  • New York State Bar Association
  • Association of Trial Lawyers of America
  • Education Law Association
  • Le Moyne College, Assistant Professor of Education, Education Law and Personnel Administration
  • Marist College, Adjunct Professor of Education, Administrative Law

Civic Activities

  • Holy Family Church, Catechumen
  • Franciscan Legal Clinic, Volunteer Attorney
  • Unity Kitchen, Volunteer

Speaking & Publications

  • “Getting Your Social Media, E-Mail, and Text Evidence Admitted,” National Business Institute Seminar, Syracuse, NY, March 31, 2016
  • "Section 504 and Therapy Animals," National Webinar, October 2015
  • "Accommodating Religious Practices of Employees and Students," National Webinar, June 2015 
  • "Nuts and Bolts of Investigation of Student Misconduct," National Webinar, December 2014
  • "Options Under Section 504," National Webinar, September 2014
  • "Obligations Regarding Student Discipline and the Student with Disabilities," Presentation to Southern Regional Education Board – High Schools That Work – July 2014 
  • "Preparing for Special Education Placement Disputes," National Webinar, April 2014
  • "Students with Disabilities – How to Lawfully Discipline," National Webinar, March 2014 
  • "Lawfully Managing Student Records and Privacy," National Webinar, January 2014

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • The Evans Law Firm
  • O’Hara & O’Connell, Partner
  • Dickinson Wright, Associate
  • United States Marine Corps., Active duty and Reserve forces for 12 years; Gulf War Veteran

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