Hinshaw & Culbertson LLP

James D. Harbert

James D. Harbert

Partner

"We can’t always just tell our clients to steer clear of the abyss. Sometimes we have to stare into it and figure out where to jump."

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Photo of James Harbert

James D. Harbert

Partner

"We can’t always just tell our clients to steer clear of the abyss. Sometimes we have to stare into it and figure out where to jump."

EmailamhhcmJlcnRAaGluc2hhd2xhdy5jb20=

James D. Harbert

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About Jim

Leading the firm's employee plans practice, Jim represents clients in a broad range of legal matters involving employee pension, profit sharing, group health, and other employee benefit plans. His engagements include counseling plan sponsors and fiduciaries, as well as defending clients in litigation and in investigations conducted by the Department of Labor and the Internal Revenue Service (IRS). Jim also represents clients in contested tax matters, having started his career as a trial attorney with US Department of the Treasury.

Several of Jim’s engagements have involved uncovering governmental misconduct or overreach. In one case, his discovery of an abuse of an Illinois grand jury by civil investigators led to the suppression of key evidence and the removal of the State's lead attorney. In another, he successfully blocked the IRS’s attempt to use secret grand jury testimony in litigation before the US Tax Court. In a third, he won a rare attorneys' fee award against the federal government for pursuing an unjustified claim against his client.

Areas of Focus

Industries:

Services:

Experience

  • Defended a pension actuary before the US District Court for the Northern District of Illinois brought by the trustee of a defined benefit pension plan alleging that the actuary participated in a prohibited transaction with a company insider and seeking money damages and disgorgement of fees under ERISA. On the facts alleged, the district court dismissed all claims against the actuary.
  • Defended a Fortune 500 services company before the US District Court for the Eastern District of New York, alleging a wrongful denial of life insurance benefits. On a motion to dismiss, the federal court dismissed all claims against the firm's client with prejudice before the commencement of discovery.
  • Defended a pension actuary before the US District Court for the Northern District of Illinois in a suit alleging that the actuary was a fiduciary under ERISA who breached statutory duties to a defined benefit pension plan. The federal court rejected the allegation that the actuary was a fiduciary under ERISA as implausible and dismissed all the claims against the actuary.
  • Secured a favorable outcome for an individual business owner in a case involving a Taft-Hartley pension fund that sought personal liability for millions in unpaid pension withdrawal liability. Following discovery, the pension fund conceded the majority of its claim.
  • Represented an individual investor before the US Court of Federal Claims challenging the government's position regarding the timing of the deductibility of a theft loss resulting from the client falling victim to a fraudulent investment scheme that received national notoriety. Following discovery, the case was successfully mediated by a federal judge.

Recognition

  • The Best Lawyers in America®, Employee Benefits (ERISA) Law, 2023 – 2026
  • Super Lawyers, 2005 – 2025
  • Leading Lawyers, Employee Benefits Law
  • Big Shoulders Fund Director's Award, presented by the late Joseph Cardinal Bernardin, for pro bono legal support of inner-city Chicago Catholic schools

Credentials

Education

  • University of Virginia School of Law, JD
  • College of William and Mary, BA

Bar Admissions

  • Illinois
  • Federal Trial Bar

Court Admissions

  • US Court of Appeals for the Seventh Circuit
  • US Court of Federal Claims
  • US Tax Court
  • US District Court for the Central District of Illinois
  • US District Court for the Northern District of Illinois

Thought Leadership

Presentations

  • Co-Presenter, “Fiduciary Responsibility: Understanding Your Duties and Obligations,” Hinshaw’s 29th Annual Labor & Employment Seminar, Schaumburg, Illinois, October 9, 2025
  • Co-Presenter, "The Federalist Update on Federal Rules," Hinshaw University, CLE Webinar, August 7, 2025
  • Co-Presenter, "’Control’ by Janet Jackson: Controlling Document Discovery Under Rule 34," Hinshaw University, CLE Webinar, July 18, 2024
  • Co-Presenter, "Update on Employee Benefit Plans," Hinshaw's 26th Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 27, 2022
  • "Practitioner's Guide to Government Compliance Issues," American Bar Association, National Institute on ERISA Basics, Chicago, 2015, 2014, and 2013

Events

Hinshaw Alert

Hinshaw Newsletters

In The News

Insights for Employers Alerts

Press Releases

View all of Jim's Insights

Interests

Did you know...

Jim is an avid open-water swimmer and endurance athlete, having completed 20 Olympic distance triathlons.

Community/Civic Activities

  • National Immigrant Justice Center Pro Bono Program, Volunteer Attorney

Thought Leadership

Presentations

  • Co-Presenter, “Fiduciary Responsibility: Understanding Your Duties and Obligations,” Hinshaw’s 29th Annual Labor & Employment Seminar, Schaumburg, Illinois, October 9, 2025
  • Co-Presenter, "The Federalist Update on Federal Rules," Hinshaw University, CLE Webinar, August 7, 2025
  • Co-Presenter, "’Control’ by Janet Jackson: Controlling Document Discovery Under Rule 34," Hinshaw University, CLE Webinar, July 18, 2024
  • Co-Presenter, "Update on Employee Benefit Plans," Hinshaw's 26th Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 27, 2022
  • "Practitioner's Guide to Government Compliance Issues," American Bar Association, National Institute on ERISA Basics, Chicago, 2015, 2014, and 2013

Events

Hinshaw Alert

Hinshaw Newsletters

In The News

Insights for Employers Alerts

Press Releases

View all of Jim's Insights

Jim's Insights

View All Jim's Insights

26th Annual Labor & Employment Seminar

Event

Thursday, October 27, 2022 | 9:00 a.m. – 5:15 p.m.

26th Annual Labor & Employment Seminar

Hinshaw & Culbertson LLP

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