James, a shareholder in the Firm’s Litigation and Labor and Employment groups, has nearly 20 years of experience litigating a variety of business and employment matters in California and Nevada. His practice focuses on representing individual and corporate clients in cases involving trade secret misappropriation and unfair competition, employment issues, shareholder disputes and other complex business matters. James also counsels and represents charter schools in a variety of matters. In addition, James serves as the Firm’s Ethics/Loss Prevention Counsel.
With significant courtroom experience, James works with clients to ensure that their objectives are identified early on and that a litigation strategy is pursued towards obtaining the client’s goals in a cost-effective and efficient manner. His courtroom successes include:
In addition to his trial work, James also presents employment-law seminars throughout the year and writes for the Firm’s Employment, Intellectual Property and Trade Secret Blogs. Prior to law school, James traveled twice to newly-independent Ukraine to teach English, including a position at the Institute of National Economy in Ternopil. James enjoys running and cooking in his spare time.
J.D., with great distinction, University of the Pacific, McGeorge School of Law, 1997
B.A., University of California, Irvine, 1992
Trademark Registration and the Presumption of Secondary MeaningMichael Jackson, Commercial Speech and Anti-SLAPP Motions“Honey Badger Don’t Care”: The Rogers test and Trademark InfringementNinth Circuit Rejects “General Possibility” of Infringement TheoryThree-Stripes and the Burden of Irreparable InjuryThe DMCA’s Safe Harbor Provision and Policing Repeat InfringersCopyright Infringement and Third Party Software SupportSay Cheese: Stock Photos, Non-Exclusivity & Copyright InfringementNinth Circuit Holds that “Reverse Confusion” Need Not Be Pled with SpecificityWhen is Making a Movie Not an Act of Free Speech?Non-Compete Provisions and Forum Non Conveniens ConsiderationsGoogling GoogleThe Fabric of Copyright Infringement: Obtaining Summary Judgment on Copying ElementUnauthorized Downloading and Copyright Infringement“It’s In The Game” – Proof Issues In Software Copyright Infringement CasesWeintraub Tobin’s L&E and IP Blogs recognized as “Top 100 Legal Blogs” By Feedspot Blog Reader“Convincing Mosaic” Not Required In 7th CircuitLocksmith Locked Out By Communications Decency ActRestaurant’s Fee Deduction Program Violates FLSATrademark Assignability Laid BareCopyright Infringement and the First Sale DefenseYoga and the Copyright Idea/Expression DichotomyHidden Pitfalls of Old Non-Compete ProvisionsPatent Infringement and Appellate JurisdictionBob Marley and Federal False Endorsement ClaimsProtecting Trademarks and the Likelihood of Confusion FactorTech Companies Reach New Settlement in Anti-Poaching Cases9th Circuit Agrees to En Banc Rehearing of Garcia v. Google, Inc.A Noncompete To Go With Your Sandwich?Model Mayhem – The Communications Decency Act is Not a Defense to Negligent Failure to Warn Claim“No-Poaching” Lawsuits Come to HollywoodCalifornia Businessman Sentenced to 15 Years for Trade Secret TheftFunk, Copyrights, and Collecting JudgmentsNew York Times Article: Noncompete Clauses Increasingly Pop Up in Array of JobsNon-Competes and the “Trade Secret Exception” RevisitedRaging Bull Revisited – Copyright Infringement and the Laches DefenseAttorney Fee Awards in Trade Secret Cases and “Local Community” RatesPatent Filings and the Potential Discovery of Trade Secret MisappropriationDownloading is Not Necessarily MisappropriatingAdditional Restrictions on Employer’s Use of Criminal History ChecksA Bit Part, a Fatwa and Copyright InfringementAnother Non-Compete Held UnenforceableTrade Secrets and “Susceptibility” to Reverse EngineeringTrade Secrets and Other Preemption DoctrinesCopyright Preemption and Its Interplay with Trade Secret MisappropriationAnother Door Closes on Non-Compete AgreementsEmployers: Relying on an Arbitration Provision In Your Employee Handbook May Not Protect YouPartnerships Beware! Partners May Have Claims for Unlawful Retaliation under FEHACASE ALERT: California Supreme Court Hands Down Brinker DecisionEmployers – Have You Checked Your Documents Lately?LEGISLATION ALERT: Governor Signs Employee Misclassification BillLEGISLATIVE ALERT: Employee Misclassification Bill Sent to GovernorEmployers Beware! Vacation v. Sabbatical LeavesLAW ALERT: “Minimizing” Employer Liability Under Labor Code §2810LAW ALERT: Cal. Upholds Municipal Order Regulating Ability to Replace Workers Upon Buying a BusinessIdentifying Trade Secrets with “Reasonable Particularity”Taster’s Choice – Appropriation of Likeness and the Statute of Limitations10 Things to Know When a Competitor Hires Your Employees or You Hire TheirsGrand Theft Auto: Trademark Infringement and the First AmendmentThird Party Trade Secret Misappropriation and the Statute of LimitationsIntentional Interference Claims and Preemption by the California Uniform Trade Secrets ActTrademark Infringement and the Importance of Establishing Likelihood of ConfusionAct Now! – Or Lose Your Trade Dress Infringement ClaimCollage Ads & Copyright InfringementThe Ninth Circuit Clarifies the “Safe Harbor” Provisions of the Digital Millennium Copyright ActEmployers: You May Be Eligible for Immunity Under the Communications Decency Act
State Bar of California, Litigation Section
Sacramento County Bar Association, Intellectual Property Law Section
Sacramento Magazine’s Top Lawyers List, 2015-2019 – General Litigation, Business Litigation, Litigation Intellectual Property
Northern California Super Lawyers, 2016-2018