James B. Gottstein
Appeals Attorney
Appeals, Business, Contracts and Agreements, Government & Litigation
Biography
I have been practicing law in Anchorage, Alaska since 1978. Starting my career working for Robert M. Goldberg, I mostly represented Native organizations. An example is representing Ahtna, Inc., in the "7(i)" litigation over the federal law requiring Alaska Native Regional corporations to share 70% of revenue received from timber or the subsurface estate with other Alaska Native corporations. I believe this was the largest litigation in the state at the time. Ahtna is the smallest of the 12 regional corporations formed under the Alaska Native Claims Act of 1971 (ANCSA). We also had a very successful arbitration with Alyeska Pipeline Service Company over Ahtna's right to receive contracts. I also assisted Ahtna in obtaining payment for the 55 miles of the Trans-Alaska Pipeline that traversed Ahtna land and related land uses.
With Stan Reitman at Delany, Wiles, Hayes & Reitman, I worked on business matters and then went in-house with Carr-Gottstein, then the largest locally owned company in Alaska, where I was general counsel. This included contracts, financing, real estate and corporate work.
I opened my own law office in 1985 where I continued to represent Carr-Gottstein and affiliates as well as other clients. I also represented plaintiffs diagnosed with mental illness in the Alaska Mental Health Trust Lands lawsuit over the State of Alaska stealing 1 million acres of land granted to Alaska in trust to be used first for the necessary expenses of Alaska's mental health program. This lawsuit resulted in a settlement valued at $1.1 Billion and the creation of the Alaska Mental Health Trust Authority. I think this was the largest litigation in the state during that time. At one point we had an injunction against the State from taking any actions on the 1 million acres of Mental Health Land, which created a major incentive for the state to settle.
In 2002, I founded the Law Project for Psychiatric Rights (PsychRights) to mount a strategic litigation campaign against forced psychiatric drugging. I worked pro bono for PsychRights until the end of 2016. During that time, I won 5 Alaska Supreme Court cases vindicating the rights of people being involuntarily committed and forcibly given psychiatric drugs against their will. I also won a 7th Circuit federal appeal agreeing with us that a doctor who prescribes a psychiatric drug to a child that is not for a medically accepted indication causes a false claim (Medicaid Fraud).
pro bonoIn 2016 I won a case against the Alaska Legislature declaring illegal its sweetheart deal to demolish and re-construct a building for its Anchorage Legislative Information Office, saving the State of Alaska $15-20 million.
These are the most influential matters on which I have worked.
At the end of 2016, I refocused on my private practice and am accepting clients for civil litigation, appeals, real estate transactions, commercial disputes, and commercial transactions. In addition, I will represent people in good federal whistleblower cases under the False Claims Act on a contingency basis. I will also consider representation in other matters on a case by case basis.
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James B. Gottstein
Appeals, Business, Contracts and Agreements, Government & Litigation