James J. McGuire

Primary Practices

  • Business Litigation
  • Media Law
  • Trademark & Copyright
  • Defamation & Invasion of Privacy
  • Appellate Law

Education

  • JD, University of North Carolina, 1993
  • MA, The Johns Hopkins University, 1989
  • BA, Brown University, 1985

Bar Admissions

  • Florida
  • District of Columbia
  • Middle District Florida
  • Southern District Florida
  • 11th Circuit
  • D.C. Circuit
  • U.S. Supreme Court

Recognitions

  • AV Rated
  • Best Lawyers in America
  • Florida Super Lawyers
  • Florida Legal Elite

Jim is a litigation partner in TLo’s Tampa office. His advice and advocacy protects clients in business litigation matters and in defamation, First Amendment, and intellectual property disputes, particularly trademark and copyright cases. He has represented and advised clients in a wide range of industries, including television, newspapers, motion pictures, aviation systems, nutritional supplements, office equipment, and website design. Jim has successfully litigated – or arbitrated – cases involving trademark infringement, false advertising, cybersquatting and other Lanham Act violations, unfair trade practices, antitrust violations, breach of contract, defamation, and invasion of privacy. Jim is also an experienced and accomplished appellate advocate.

Jim was selected as a member of Leadership Florida, Class XXXI. Before entering private practice, he was a judicial clerk for the Honorable Karen LeCraft Henderson on the U.S. Court of Appeals for the D.C. Circuit. Jim graduated first in his class from the University of North Carolina School of Law, where he won the West Publishing Company Book Award for highest GPA each of his three years.

  • Tartell v. South Florida Sinus & Allergy Center, 790 F.3d 1253 (11th Cir. 2015). Convinced appellate court to reverse cybersquatting verdict and hold that plaintiff failed to establish trademark rights.
  • Salvani v. ADVFN PLC, 628 Fed. Appx. 784 (2d Cir. 2015). Obtained dismissal of claims under the Securities Exchange Act against a website publisher.
  • Canonico v. Calloway, 26 So. 3d 53 (Fla. 2d DCA 2010). Won decision dismissing defamation claim brought by reality-television producer against television network and reporter.
  • Quade v. Entertainment Events, Inc. (Amer. Arb. Ass'n, Case No. 13 140 Y 00169 07). Won million dollar breach-of-contract verdict for producer of off-Broadway plays.
  • Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008). On behalf of a consortium of media companies, convinced Florida Supreme Court that Florida should not adopt the tort of false light invasion of privacy.
  • Xerox Corp. v. Smartech Document Management, Inc., 979 So. 2d 957 (Fla. 3d DCA 2007). Won decision ordering company and its principal to arbitrate dispute with Xerox.
  • Media General Operations, Inc. v. State, 933 So.2d 1199 (Fla.2dDCA 2006). Obtained ruling that the media is entitled to review motion seeking to seal discovery materials and that the motion itself cannot be sealed.
  • Tyne v. Time-Warner Entertainment, Co., 901 So.2d 802 (Fla. 2005). Persuaded Florida Supreme Court to affirm right of the producers of The Perfect Storm to create a movie depicting historical events without having to seek consent of individuals portrayed in the movie.
  • Sarasota Herald-Tribune v. State, 924 So. 2d 8 (Fla. 2d DCA 2005). Convinced appellate court that crime scene photographs shown to jury in murder trial were subject to inspection by media.
  • Media General Convergence, Inc. v. Chief Judge of the Thirteenth Judicial Circuit, 840 So. 2d 1008 (Fla. 2003). Obtained ruling reversing appellate court and holding that records reviewed by Circuit Chief Judge were public records subject to inspection.
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