Biography

James Holmes, a partner in Sedgwick's Los Angeles office, represents major media and entertainment entities in litigation regarding trademark and copyright infringement and breach of contract actions. He also represents and advises several major insurance carriers insuring media and entertainment entities.

Presentations & Publications

Mr. Holmes has served as the editor of Sedgwick's Media Law Bulletin since 2001. He is a frequent writer on issues relating to media and entertainment, and his articles have been published in Los Angeles Lawyer and the American Bar Association’s Media Update and TortSource. 

Some of Mr. Holmes presentations and publications include:

Moderator, "Ordering Liberty in an International Economy," ABA Annual Meeting, New York, NY, August 8, 2008.
• Author, “An Employee’s Right to Privacy Regarding Text Massaging,” ABA TTIPS Media, Privacy and Defamation Law Committee Newsletter, Summer 2008.
• Author, “Anti-SLAPP Statutes: California Moves toward the National Consensus,” TortSource, Fall 2007. 
• Co-author, "Adding Value in this Unique Field," fifth chapter, Entertainment and Media Law Client Strategies: Leading Lawyers on Case Strategies, Exceeding Client Expectations, and Negotiating Deals (Inside the Minds), Aspatore Books Staff (October 2007).
• Speaker, "California's Anti-SLAPP Statute: A One-Prong Approach Under a Two-Prong Framework," ABA Annual Meeting, San Francisco, CA.
• Presenter, "Intellectual Property Insurance Coverage," Safeco Insurance, Seattle, WA.
• Co-presenter, "The Litigation Gamble: How to Increase Your Odds," Insurance Brokers and Agents of the West 15th Annual Palm Springs Getaway Seminr, Palm Springs, CA.
• Editor, "Conducting Discovery in an Electronic World: Electronic Data and Discovery," Continuing Education of the Bar - Civil Discovery Practice, Chapter 4.
• Presenter, “Legal Matters in the Music Industry – Contracts and Lawsuits: Two Views to Your Music Industry Agreement,” South By Southwest Music Conference.
• Presenter and author, “Nationwide Survey of Independent Counsel Rules in Reservation of Rights & Conflict of Interest Situations”.
• Mr. Holmes has also made widely marketed presentations on Buss v. Superior Court, on California Civil Code section 2860, and image and identity misappropriation claims in media and advertising.

Published Opinions

• Houston General v. AG Production, 840 F. Supp. 738 (E.D.Ca. 1993). 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.
• Proxima v. St. Paul, 26 F.3d 132 (Table of Decisions without Reported Opinions); 1994 WL 245671 (9th Cir. 1994). 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.
• Scosche v. Visor Gear, 121 F.3d 675, 43 USPQ2d 1659 (Fed.Cir. 1997). 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.
• Hydro-Mill v. Hayward, Tilton & Rolapp, 115 Cal.App.4th 1145 (2004). 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, 302 F.Supp.2d 1131 (C.D.Ca. 2004). First of many motions for summary judgment in favor of our client in a Foreign Copyright Restoration Act case.
• Flatley v. Mauro, 39 Cal. 4th 299; 46 Cal. Rptr. 3d 606 (2006). Application of special motion to strike in action based on pre-litigation communications.

Memberships & Honors

Mr. Holmes is an active member of the American Bar Association and has been appointed the Tort Insurance Practice Section's liaison to the ABA's Commission on Sexual Orientation and Gender Identity for the 2008-2009 term.  He serves as the chair of the Tort Trial & Insurance Practice Section's Media Privacy and Defamation Law General Committee for the 2007-2008 term and is a member of the section’s Committee on Diversity in the Profession.  He is also a Fellow of the American Bar Foundation and is a member of the California Bar Association, the Los Angeles County Bar Association, and the Lesbian and Gay Bar Association (formerly known as Lawyers for Human Rights “LHR”).

An active member of his community, he has provided pro bono work for HIV and AIDS Legal Services Alliance (formerly known as "AIDS Legal Service Project").  He has also received commendations from the California Bar Association and Los Angeles Superior Court for pro bono activities.  In support of the firm's ongoing commitment to providing a helping hand to the underprivileged, Mr. Holmes has also represented adopting parents in successful adoption proceedings.

Mr. Holmes has been named as a "Southern California Super Lawyer" for 2005, 2006 and 2007 by the publishers of Los Angeles Magazine and the Journal for Law & Politics.  He is also acknowledged with an "AV" rating by Martindale-Hubbell.

He is a member in Phi Alpha Theta, Pi Sigma Alpha and the Mortar Board.