James P. Fogelman is a partner in the Century City and New York offices of Gibson Dunn. He is a member of the firm’s Real Estate and Litigation 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:
- Recently successfully assisted a commercial lender in foreclosing on well known real property in Los Angeles after defeating attempts by borrower-related parties to stop the sale at the trial court, the Court of Appeal, and the California Supreme Court.
- Recently completed trial in Los Angeles over guerilla marketing billboards around SoFi Stadium, the Kia Forum, Intuit Dome and others on behalf of the stadiums.
- Recently completed trial in a complex construction defect and lease dispute in a JAMS arbitration in Washington, D.C.
- Recently completed a 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.
- Recently 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.
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. Most recently, James was included in the 2025 and 2026 editions 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. James earned his law degree in 1992 from the UCLA School of Law. He received a Bachelor of Science degree in Economics 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