James P. Fogelman

James P. Fogelman is a partner in the Century City and Los Angeles offices of Gibson Dunn. He is a member of the firm’s Litigation and Real Estate Departments. James is the Chair of the Firm’s Real Estate Disputes Practice Group. James regularly advises the Firm’s real estate clients with respect to real estate transactions and real estate disputes throughout the United States, and beyond.  James provides advice to clients across the real estate ecosystem, from lenders to borrowers, from buyers to sellers, from landlords to tenants, and from operators to investors.  While the goal in the real estate disputes practice is to avoid litigation when possible, as an experienced trial and appellate lawyer, James can assist clients with virtually any type of dispute from commencement through conclusion.  A few recent examples of real estate litigation matters include:

• Just completed trial in a complex construction defect and lease dispute in a JAMS arbitration in Washington, D.C.
• Just completed trial in an action seeking specific performance and reformation based on fraud in connection with a large commercial real estate acquisition, in Chancery Court in Nashville, Tennessee.
• Just completed trial in a multi-million-dollar commercial lease dispute in Los Angeles, California.
• Successfully tried a challenge to the removal of the operating member of a joint venture in a JAMS arbitration in New York.
• Successfully obtained a dismissal of an action in federal court in New York in which a non-traditional lender sought to enforce a Guaranty in a manner not permitted by the Guaranty.
• Successfully defended a lender in a mechanics lien foreclosure action in Los Angeles while guiding the lender through a completed non-judicial foreclosure.
• Successfully obtained dismissal of a lawsuit in Los Angeles against a buyer, brought by a former owner, seeking to enforce an “anti-flip” provision in a prior deed.
• Successfully tried a case in Los Angeles over the removal of the operator of a joint venture and control over almost $500 million in multi-family real estate; obtained dismissal of related $12 billion claim.

James is also a member of the Firm’s Sports Law and Betting and Gaming Practice Groups, and has decades of experience advising, litigating and trying cases for sports, fantasy sports, casinos and gaming companies throughout the United States.  James was recognized by Law360 as a Sports MVP for 2017.  James is also a former Co-Chair of the Firm’s Law Firm Defense Practice Group, and has represented major law firms in trial and appellate courts, and in arbitration, for over 30 years.  Most recently, James was included in the 2025 edition of the The Best Lawyers in America for his work in Commercial Litigation. James is a member of the bars of the State of California, the State of Nevada, the State of New York, and the District of Columbia.  James is also a member of the Firm’s Office of General Counsel, a member of the Firm’s Ethics Committee and a member of the Firm’s Lateral Partner Committee.  James earned his law degree in 1992 from the UCLA School of Law.  He received a Bachelor of Science degree in Economics, with a concentration in Finance, from the Wharton School of Economics at the University of Pennsylvania in 1989.  

Capabilities

• Litigation
• Antitrust and Competition
• Appellate and Constitutional Law
• Betting and Gaming
• Class Actions
• Law Firm Defense
• Media, Entertainment, and Technology
• Real Estate
• Real Estate Disputes
• Securities Litigation
• Sports Law

Credentials

Education:

• University of California, Los Angeles - 1992 Juris Doctor
• University of Pennsylvania - 1989 Bachelor of Science

Admissions:

• California Bar
• District of Columbia Bar
• Nevada Bar
• New York Bar