James Holmes

Full Profile

James (Jim) Holmes is an experienced trial attorney and litigator, representing major media and entertainment entities, as well as major insurance carriers insuring media and entertainment entities. He defends clients in a variety of intellectual property matters, including trademark, trade dress, trade secrets and copyright infringement, misrepresentation of likeness, unfair competition and breach of contract actions.

Jim regularly works with clients on the defense of claims brought against their marketing practices, including advertising (broadcast and print media), and internet marketing (websites and social media). He also advises clients on cyber liability issues, including the implications and coverage for data and privacy breaches.

Jim is very involved in the legal community and is a current member of the American Bar Association's Board of Governors. He has received numerous recognitions for his service, including the 2016 Benjamin Aranda Outstanding Public Service Award from the Los Angeles County Bar Association. Jim was also awarded the Access Award for pro bono service from the Los Angeles County Board of Supervisors, Los Angeles County Commission on Disabilities, and he received commendation for his work as a temporary judge for Los Angeles Superior Court. He received the 2010−2011 Public Service Honor Roll Award from the American Bar Association, Tort Trial & Insurance Practice Section (TIPS), and Law in Public Service Committee (LIPS).

Jim is AV Preeminent® certified by the Martindale-Hubbell peer review rating system.

Jim is known for his legal victories and positive attitude. While he effectively fights for his clients, he makes it a point to always maintain a spirit of civility and humor. In addition to legal honors, Jim has received awards for his exceptional commitment to community and public service work. He uses his considerable talents and skills to benefit individuals from all walks of life through his pro bono activities. Jim is a long-time and fearless advocate for diversity and LGBT rights. He received the first ever Chambers Lifetime Achievement Award for LGBT and Equality, and has served in numerous prominent bar and civic leadership roles. Whether in the courtroom or in the community, Jim is a winning emissary for those he represents.

Admissions

• California
• US Supreme Court
• US Court of Appeals for the Federal Circuit
• US District Courts for the Central, Eastern, Northern and Southern Districts of California
• US Courts of Appeals for the Seventh, Ninth and Tenth Circuits

Education

• J.D., Arizona State University College of Law, 1986
• B.S., Arizona State University, 1983

Memberships

• American Bar Association
  • Board of Governors
  • Standing Committee on Governmental Affairs
  • Diversity 360 Commission
  • Commission on Sexual Orientation and Gender Identity (SOGI)
    • Past Chair
  • Sustaining Life Fellow
  • Tort Trial and Insurance Practice Section
    • Section Counsel
    • Standing Committee on Diversity and Inclusion
    • Finance Committee
    • Membership Committee
    • Standing Committee on Law Students
    • Standing Committee on Outreach to Young Lawyers
    • Media Privacy and Defamation Law Committee, past chair
• California Bar Association
• Los Angeles County Bar Association
• LGBT Bar Association of Los Angeles
  • Board of Governors
• National LGBT Bar Association
• HIV and AIDS Legal Services Alliance

Experience

Recent experience

• Closed Loop Marketing, Inc. v. Closed Loop Marketing, LLC. Order denying plaintiff’s motion for preliminary injunction and granting defendant’s motion to dismiss claims of trademark infringement, unfair competition and unjust enrichment.
• Flatley v. Mauro. Application of special motion to strike in action based on pre-litigation communications.
• Hydro-Mill v. Hayward, Tilton & Rolapp. First published decision in California confirming two-year statute of limitations for insurance agent/broker, regardless of the title of the cause of action, reversing trial court and ordering judgment in favor of our clients.
• PVI v. Harriscope. First of many motions for summary judgment in favor of our client in a Foreign Copyright Restoration Act case.
• Scosche v. Visor Gear. Landmark decision by the Federal Circuit confirming that patent applicant’s zealous protection of the patent, even though still in application process, does not constitute unfair competition.
• Proxima v. St. Paul. Affirmed grant of defendant’s motion to dismiss and denial of plaintiff’s motion for partial summary judgment in a Bank of the West “advertising injury” case.
• Houston General v. AG Production. First published decision in California regarding trigger of coverage for environmental contamination claims. District court adopted the “manifestation.” trigger. Decision superseded by California Supreme Court decision in Montrose adopting “continuous” trigger.

Presentations

• Panelist, "Advanced Mediation Advocacy," ABA TIPS Section Conference, Los Angeles, CA, May 2018
• Speaker, "The Ins and Outs of IP Insurance," DRI Conference on Intellectual Property Litigation, Denver, CO, April 2018
• Panelist, “Diversity Dialogue,” American Bar Association, Young Lawyers Division, February 2016
• Panelist, “Electronic Media Liability – A New Look to an Old Problem,” webinar moderated by Advisen Ltd. and sponsored by OneBeacon Insurance Group, October 2014
• Moderator, “Now You See It, Now You Don’t: Disappearing media coverage under the CGL policy increases risk for corporate communications,” 27th Annual Media & The Law Conference, Kansas City, MO, April 2014
• Speaker, “Cloudy Skies Ahead? Assessing Cyber Risks and Liabilities,” Chicago, IL, September 2013
• Speaker, “The Guerilla Guide to Gaining/Maintaining Employment/Business in the New Legal Services Paradigm,” San Francisco, CA, August 2013
• Speaker, “Diversity in the Profession,” American Bar Association, Tort Trial and Insurance Practice Section (TIPS) Leadership Academy, San Francisco, CA, August 2013
• Speaker/Advocate, “Who Needs Enemies? Ethical Pitfalls for Lawyers Who ‘Friend’ and Use Social Networks,” Media & The Law Conference, Kansas City, MO, April 2013
• Speaker, “ABA Diversity & Inclusion Goal III Convocation,” Dallas, TX, February 2013
• Speaker, “Advocating for Equality in the Next Generation,” American Bar Association, Section on Individual Rights and Responsibilities, Dallas, TX, February 2013

Publications

• Author, “Quick Tips for Success in Becoming Insurance Panel Counsel,” ABA TIPS TortSource, Spring 2015
• Author, “The Evolution of Coverage B,” ABA TIPS Media, Privacy & Defamation Law Committee Newsletter, Spring 2014