James M. Chadwick

James Chadwick is a partner in the Business Trial and Intellectual Property Practice Groups in Sheppard Mullin's Silicon Valley office.

Areas of Practice

James' practice focuses on litigation and counseling for media, technology, and online businesses, including patent, trademark, copyright and trade secret litigation, media law, privacy and data security, and business disputes.

Approach

James brings almost thirty years of experience to the thoughtful, effective, and efficient representation of his clients. This is reflected in his approach to litigation as well as in the day-to-day advice he provides to many clients. In litigation, he develops and implements strategies designed to accomplish the client’s objectives as quickly and cost-effectively as possible. In advising and counseling clients, he responds with practical, actionable advice.

Experience and Expertise

James litigates in federal and state courts across the country, handling both domestic and international disputes. He has substantial trial experience and is always prepared to go to trial if necessary but recognizes that whether pursuing or defending claims, his clients are best served by getting to success by the shortest route. Examples include:

•In defending patent litigation, commencing proceedings in the Patent Office to invalidate patents and obtaining stays of litigation, then successfully challenging the validity of asserted patent claims and obtaining dismissal of litigation;
•In pursuing international trademark enforcement proceedings, overcoming jurisdictional objections and obtaining through a single deposition critical evidence supporting the client’s rights, leading to a prompt and highly favorable resolution;
•In defending media and technology clients, obtaining dismissals or judgments in favor of his clients in innumerable actions through the use of motions to dismiss, anti-SLAPP motions, and motions for summary judgment;
•In patent and trade secret litigation, obtaining dismissals or favorable settlements after identifying potential dispositive defenses and presenting them through early neutral evaluation or mediation;
•Avoiding litigation entirely by advising clients with respect to legal compliance and demonstrating to opposing parties through negotiations that threatened claims against his clients will not be successful.

James is adept at identifying and addressing legal issues in complex and ambiguous situations, heading off problems before they ripen into serious disputes, or promptly identifying legal strategies that effectively address existing disputes or concerns. Whether a problem is relatively simple or exceptionally challenging, he provides the advice and representation needed to solve it as efficiently as possible.

Honors

Best Lawyer in America, Best Lawyers, 2008-2020

Northern California Super Lawyers, San Francisco Magazine, 2007, 2010-2019

Lawyer of the Year, Best Lawyers, 2015-2017

Leading Media and Entertainment Lawyers, Chambers USA, 2006, 2008-2018

Top Rated Lawyer in Intellectual Property Law, Martindale-Hubbell, 2014

Top Rated Lawyer in Technology, American Lawyer Media and Martindale-Hubbell, 2013

America's Leading Lawyers for Business, Chambers USA

Recognized, First Amendment Litigation & Counseling, Legal 500, 2009

James Madison Freedom of Information Award

Top 10 Pro Bono Efforts of 2012

Insights

Articles

• First Amendment Access and Trade Secrets,” in Trade Secret Litigation and Protection in California, State Bar of California, updated 2014, with Guylyn Cummins and Jennifer Brockett
• No-Challenge Clauses in Patent Licenses, BNA Insights, August 2, 2013
• Video Games Law Dealt Fatal Blow, The Recorder, July 11, 2011
• The Law of Online Contracts, Media Law Resource Center Bulletin The Ins and Outs of Online Business, March 2011
• Copyright Owners Have The Burden Of Policing, The National Law Journal, August 16, 2010
• Enjoining the World: Does the Internet Make Prior Restraints Impossible, Or Are They Easier Than Ever? Media Law Resource Center Bulletin, June 2010
• FTC Behavioral Advertising Privacy Principles Extend Far Beyond Current Requirements, Media Law Resource Center Bulletin, May 2008
• The Copyright Act’s Preemption of Right of Publicity Claims, Communications Lawyer, July 2008
• Images of Fair Use: A Fair Use Jury Trial, Communications Lawyer, January 3, 2007
• MLRC 50-State Survey: Media Privacy and Related Law, Media Law Resource Center, 2005 (Contributor to California survey)
• Communications Decency Act: Libel Immunity Debate, ABA TTIPS Media, Privacy & Defamation Law Committee Newsletter, Summer 2005, with Alison Norris
• Potential Media Liability for Publishing False or Misleading Advertisements, ABA TTIPS Media, Privacy & Defamation Law Committee Newsletter, Summer 2004, with Chi-Chi Onyeagbako
• Single Publication Rule Governs Online Publications, ABA TTIPS Media, Privacy & Defamation Law Committee Newsletter, Summer 2003, with Danielle Van Wert
• Internet Privacy: A Tale of Two Cookies, ABA TTIPS Media, Privacy & Defamation Law Committee Newsletter, Winter 2002, with Lan Hang
• Potential Liability on the Internet, Santa Clara County Bar Association, 1995, with Edward P. Davis, Jr. and Judy Alexander
• Conflict in the Public Interest: Defamation and the Role of Content in the Wake of Dun & Bradstreet v. Greenmoss Builders, 31 S. Clara L. Rev. 997 (1991)

Eye on Privacy Blog Posts

• No Protection for Network Marketing Provider That Had Knowledge and Authority to Control Deceptive Conduct of Affiliates, October 14, 2016

Intellectual Property Law Blog Posts

• Two Recent Decisions Reframe the DMCA Discussion, October 7, 2008

Social Media Law Blog Posts

• California Enacts New Data Privacy Laws, October 18, 2013

Video Game Law Blog Posts

• Georgia’s Limited Tax Credits for Interactive Entertainment Producers, April 21, 2014
• First Amendment Fire Power: United States Supreme Court Applies Strict Scrutiny, Rejects Ban on Violent Video Games, June 27, 2011

Books

•Trade Secret Litigation and Protection in California
11.2014

Speaking Engagements

•Hastings Business Law Journal, Risky business: Consumer Data and the Law, U.C. Hastings College of the Law, March 15, 2018
•ABA forum on Communications Law/ Federal Communications Bar Association, Representing Your Local Broadcaster - Does the Trump Administration’s Big Picture mean Wide-Ranging Problems for Journalists?, Las Vegas, Nevada, April 23, 2017
•Media Law Resource Center, Media Law Conference: Hot Issuer in Anti-SLAPP Law, September 21-23, 2016
•Future of Privacy Forum, De-Identification Practice and Policy: Case Studies in Data De-Identification and Privacy, Ernst & Young, San Francisco, California, April 2016
•State Bar of California, Public Law Section: 2014 California Public Records and Open Meetings Conference, San Francisco, California, June 4, 2014
•Federal Reserve’s Information Technology Law Work Group Training: Copyright and Fair Use, San Francisco, California, October 8, 2013
•Digital Law Forum - Storm Clouds: Preventing and Managing Security Breaches, Kellogg Auditorium at Silicon Valley Bank, Santa Clara, California, January 30, 2013
•Media Law Resource Center, Legal Frontiers in Digital Media 2012 - A conference on emerging legal issues surrounding digital publishing and content distribution, Stanford University, California, May 21-22, 2012 (social responsibility on the Internet)
•Consulate General of Canada: Roundtable on Proposed Copyright Reform Legislation, San Francisco, California February 17, 2012
•Media Law Resource Center, London Conference on International Developments in Libel, Privacy, Newsgathering and New Media IP Law 2011, London, England, September 19-20, 2011 (copyright, privacy, and defamation issues relating to mobile applications)
•Digital Law Forum - Online Business Boot-Up, Kellogg Auditorium at Silicon Valley Bank, July 13, 2011
•American Bar Association, Forum on Communications Law, 15th Annual Conference: Are Prior Restraints Alive-From Gen. Noriega (20 years later) to Holden Caulfield and Wikileaks, Key Largo, Florida, January 28 - 30, 2010
•Media Law Resource Center, London Conference on International Developments in Libel, Privacy, Newsgathering, and New Media Law 2009, London, England, October 1-2, 2009 (copyright issues relating to news aggregation)
•Media Law Resource Center, Legal Frontiers in Digital Media 2009 - A conference on emerging legal issues surrounding digital publishing and content distribution, Stanford University, May 14-15, 2009
•Digital Law Forum - A Closer Look at Viacom v. YouTube: Epic Struggle for Free Expression, East Palo Alto, November 6, 2008
•First Amendment Coalition Annual Assembly: Workshop-Getting the Most Out of Court and County Files, University of California Berkeley, October 17-18, 2008
•Practising Law Institute, Ninth Annual Institute of Privacy & Security Law, San Francisco, June 2-3, 2008 (Privacy issues in dealing with civil discovery requests and subpoenas)
•Media Law Resource Center, Legal Frontiers in Digital Media 2008 - A conference on the emerging legal issues surrounding digital publishing and content distribution, Stanford University, May 15, 2008
•First Amendment Coalition Annual Assembly: Privacy and Public Records, University of Southern California, Annenberg School for Communication, October 26, 2007
•American Bar Association, Intellectual Property Litigation Committee: Trying A Copyright Fair Use Case, ABA Annual Conference, San Francisco, August 10, 2007
•National Association of Hispanic Journalists, 2007 Annual Conference: Don’t Wait for the Lawsuit-Blogs, Copyright, and Ethics in the Digital Age, San Jose, June 15, 2007
•First Amendment Coalition Annual Assembly: Access to Meetings, University of California Berkeley, September 29-30, 2006
•California Superior Court, Santa Clara County: Presentation to Judge of the Santa Clara Superior Court on Public Access to Court Records, San Jose, September, 2006
•First Amendment Coalition Annual Assembly: Fundamentals of California Access Law, California State University, Fullerton, October 14-15, 2005
•San Francisco Recorder, New Media Law Roundtable, San Francisco, 2002 (Legal challenges for online publishers and service providers, including copyright, DMCA, defamation, and privacy issues)

Events

•Employees v. Contractors - It's No Game!
Cheats for navigating employment and IP issues in the videogame business, 06.17.2015