James Clayton Culotta

Relevant Experience Clays experience includes representing corporations and individuals in business formation, contract negotiation and dispute resolution, employer/employee relations, and private discrimination litigation, including race, age, national origin, gender, disability and 1983 actions against the government. He has extensive involvement in mediation and arbitration and has litigated at all levels of federal and state courts throughout the country. Clay services corporate clients, providing daily legal advice and counsel. In this capacity he assists in corporate formation, prepares and reviews contracts, assists in developing and implementing employee handbooks, and he develops compliance programs and educates clients to be pro-active in their compliance responsibilities. Through his broad experience representing individuals in the healthcare sector, he has been involved in precedent setting litigation regarding peer review and the National Practitioner Data Bank. Recognizing that his clients rely upon him to put their life back together, Clay is tenacious in seeking justice for his clients who have been harmed by law enforcement or municipal entities. Because of Clays extensive litigation experience, he has added to his practice the role of Civil Mediator, working with attorneys and their clients to resolve civil litigation without the expense and uncertainty of trial. Lastly, Clay assists his clients in righting their financial future by working with them in both Chapter 7 and 13 bankruptcies. Representative Matters Clay has successfully represented numerous individuals whose civil rights have been violated by law enforcement, recovering large settlements for his clients. Clay argued before the United States Court of Appeals for the Fourth Circuit, successfully against the establishment of a Medical Peer Review Privilege within the Federal Judicial system. Virmani v. Novant Health Incorporated, 259 F.3d 284; 2001 U. S. App. LEXIS 17123. Clay successfully argued that the National Practitioner Data Bank was obligated to abide by the reporting and maintaining of records requirements of the Privacy Act, in essence requiring the data bank to adhere with the policies set forth in the Federal Privacy Act. Doe v. Tommy G. Thompson, 332 F. Supp. 2d 124; 2004 U. S. Dist. LEXIS 16317.