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 served as the editor of Sedgwick's Media Law Bulletin until 2008. 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, “I Lost My Data and I Can't Get Up! How to Avoid Regulatory and Class Action Quicksand When Sensitive Data is Lost,” ABA/TIPS committee on Media, Privacy and Defamation Law, May 6, 2011.
Co-author, “Defining Liability for Likeness of Athlete Avatars in Video Games,” Los Angeles Lawyer, May 2011.
Moderator, “Embracing Diversity in a Jury Trial,” American Bar Association’s Tort Trial and Insurance Practice Section’s Committee on Diversity in the Profession, August 5, 2010.
Author,“Transformative In The Eye of the Beholder,” Intellectual Property and Technology Law Journal, May 2010.
Speaker, “Removing Bias from Attorney Evaluations,” American Bar Association’s Presidential Diversity Series Program, October 16, 2009.
Speaker, “The Diversity Factor: Capturing the Competitive Advantage,” American Bar Association’s Tort Trial and Insurance Practice Section, San Diego, CA, October 8, 2009. 
Author, "Using Bar Association Participation to Build a Bridge to Equality," ARK Group’s Attracting, Advancing and Retaining LGBT Lawyers, September 2009. Co-author, “’Family Guy’ and the Satirist’s Fair Use Conundrum,” American Bar Association’s Media, Privacy and Defamation Law Committee Newsletter, Summer 2009.
Author, “It Is Time For Involvement – It Is Time For Leadership,” ABA/TIPS Diversity Committee’s Embracing Diversity Newsletter, July 2009.
Co-author, “'Family Guy's' 'Star' Turn: The Satirist's Fair Use Conundrum,” IP Law360, June 2009.
Co-author, “'Family Guy's' 'Star' Turn: The Satirist's Fair Use Conundrum,” Sedgwick’s Media Law Bulletin, May 2009.
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

• Closed Loop Marketing, Inc. v. Closed Loop Marketing, LLC, 589 F. Supp. 2d 1211 (E.D. Cal. 2008). 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, 39 Cal. 4th 299; 46 Cal. Rptr. 3d 606 (2006). Application of special motion to strike in action based on pre-litigation communications.
• 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.
• 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.
• 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.
• 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.
• 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.

Memberships & Honors

Mr. Holmes is an active member of the American Bar Association and was appointed to the ABA Commission on Sexual Orientation and Gender Identity (SOGI) for the 2010-2011 term.  He serves as the Tort Insurance Practice Section's liaison to the ABA's Commission on Sexual Orientation and Gender Identity for the 2008-2009 term.  He served 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 is a member of the Board of Governors for the Lesbian and Gay Lawyers (LGLA) of Los Angeles (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 received the 2010 “Volunteer of the Year” award from the Los Angeles County Board of Supervisors for work with the Los Angeles Superior Court Temporary Judge program.  He has also been named as a “Southern California Super Lawyer” for three consecutive years by the publishers of Los Angeles Magazine and the Journal for Law & Politics.  He is acknowledged with an “AV” rating by Martindale-Hubbell.

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